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Dispute settlement in the international economic law - selected aspects
Cibulková, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This thesis deals with the dispute settlement in international economic law. Specifically, it focuses on dispute settlement mechanism within the framework of the World Trade Organization (WTO). The aim of the thesis is to examine specific features and evolution of this mechanism and to look at its functioning through case analysis. As an object of the case analysis I chose to investigate cases which have been filed by or against People's Republic of China (China) since its accession in 2001. The accession of China to the WTO was entailed with some controversy and China is well known as a state which is rather not in favor of international adjudication. Therefore, I would like to discuss why this system is more appealing to China and which consequences it might have. The thesis is divided into four main parts which are further divided into chapters. The first part of the thesis explores evolution of the dispute settlement mechanism of the WTO from its predecessor GATT 1947 and outlines main features of the dispute settlement proceedings. The second and the third parts of the thesis shift focus on China and provide a basis for the case analysis in the fourth part. The second part deals with specific circumstances of the accession of China to the WTO, while the third part looks at historical and cultural...
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Analysis of dispute settlement mechanism in Trade and Cooperation Agreement between the EU and the UK
Kurková, Michaela ; Šlosarčík, Ivo (advisor) ; Tomalová, Eliška (referee)
The thesis deals with the analysis of the dispute settlement mechanism in the Trade and Cooperation Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland. The present legal arrangements governing the relationship between the United Kingdom, as the first former member state, and the European Union entail a number of ambiguities in political and legal discourse. In order to obtain a comprehensive picture and achieve the research objective, the thesis also includes the Withdrawal Agreement and a selected new generation trade agreement, the EU-Korea Agreement, as part of its analysis. To achieve this objective, the thesis sets out to answer two research questions, that is (1) how the institutional provisions of the agreements involved in the system of dispute settlement differ from each other and, where applicable, from the provisions of standard trade agreements concluded by the EU, and (2) how the dispute settlement mechanism foreseen by the individual agreements differ from each other and, where applicable, from other dispute settlement mechanisms in EU trade agreements. By answering the research questions, the author tests the hypothesis of the persistence of EU influences on the dispute settlement system in the Trade and Cooperation Agreement and the...
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Dispute Resolution in Construction Projects according to FIDIC Contract Forms
Štolba, Petr ; Klee, Lukáš (advisor) ; Horáček, Tomáš (referee)
and Keywords Dispute Resolution in Construction Projects According to FIDIC Contract Forms The aim of this work is to provide an overview and analysis of individual dispute resolution mechanisms offered by FIDIC contract models. There have always been disputes in the construction industry, and it is certain that there will be disputes also in the future. These disputes often have their origins in poorly drafted contracts or in a lack of respect for the contracts as they exist. If a dispute arises, it must be resolved quickly and at minimal cost. Therefore, it is necessary that contracts contain an effective tool for dispute resolution. The FIDIC models contain this tool as an elaborate multi-stage dispute resolution system, which is presented in the context of Czech law and legal theory in four parts of this work. The first part contains a general introduction to the issue of the construction project, the world of FIDIC, and the introduction of individual models of FIDIC contracts. In the Czech Republic, the most frequently used FIDIC contract models for the adjustment of the relationship between the client and the contractor are the models from the 1999 rainbow suite; therefore the work emphasizes the introduction of their internal organization and individual instances in dispute resolution. The...
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Conflict resolution within WTO
Voglová, Andreya ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The object of this work is first to describe evolution of the World Trade Organisation dispute settlement system, which originates from the dispute settlement system under the international agreement GATT 47. Originally it was the diplomatic system without explicit legal regulation, which changed into developed system based on legal regulation of the World Trade Organisation. Next part of this work consists of the analyse of current system regulated by the Dispute Settlement Understanding. The obligatory consultations remain a part of this system. If the agreement is not reached during the consultations, the two-stage proceeding by the panel of experts and by the Appellate Body takes part. The final part of the proceeding is implementation of the decision. Currently the review of the system is in process and many discussions on this issue takes place under WTO, so far with no conclusion. The last part of this work focuses on Banana case III.
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China's Accession to the World Trade Organization: Case study of U.S.- China trade disputes
Carhounová, Kristýna ; Fiřtová, Magdalena (advisor) ; Sehnálková, Jana (referee)
The subject of this bachelor thesis is the case study of U.S-China trade disputes under the World Trade Organization (WTO) after China's accession to the WTO. Firstly I will briefly outline the US-China relations from 1949 to 2001. I will then focus on China's incentives of becoming a part of the multilateral system and the impact of China's accession to the WTO on US-China trade. Second part concentrates on the development of foreign trade between the US and China as well as on the structural problems of Chinese economy that prevents China from doing smooth business with the US. Appreciation of China's currency renminbi, huge trade deficit of the US, complicated access to the Chinese market and many others are all among the problematic areas. Even though China has pledged to fulfill a whole range of commitments, it doesn't always abide by the rules. Some of the cases mentioned often cause friction between China and its trading partners, including the US, which are often brought to the Dispute Settlement (DS) under the WTO. Following a brief outline of the DSM, I will then focus on the China's evolution in the Dispute settlement system. During the first years of China's membership in the WTO, the members rarely challenged China before the court. However, after the end of China's five-year...
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Procedural legal aspects of dispute resolution in international economic law
Jakabová, Katarina ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Katarína Jakabová Abstract ABSTRACT Procedural aspects of the dispute settlement in international economic law The dispute settlement in the international economic law of nowadays takes place under more institutionalized mechanism as in the past half-century. The aim is clear: better enforceability of the law (of the award) based on the fast and efficient "under one roof" procedure. This thesis focuses on the procedural aspects of the dispute settlement within the World Trade Organization (WTO), the International Centre for Settlement of Investment Disputes (ICSID) and the North American Free Trade Agreement (NAFTA). Each of these three organizations has its own special dispute settlement procedure, which is above all distinctive from the international trade law by having at least one (member) state as a party to a dispute. I have chosen WTO because it regulates the disputes on a state-state level arising from all the WTO agreements between all WTO members, which makes it the biggest (and very effective, let's admit) dispute settling platform worldwide. ICSID is the first and most popular mixed arbitration allowing a non-state party (an investor) to be a party to a dispute. And finally, NAFTA, even if it is on a substantial level complementing the WTO agreements, represents their competitive version on the...
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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic
Tanchinwuttanakul, Kamol ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee) ; Chovancová, Katarína (referee)
The commercial and investment relations between Thailand and the Czech Republic are longstanding. Currently, the Czech Republic imports a number of agricultural products and food from Thailand, and Thailand imports industrial technology from the Czech Republic. As a result, there are opportunities for Czech companies to invest in and establish business cooperation with Thai businesses with agreements to guarantee stable commercial investment relations between Thailand and the Czech Republic. Because of this, the Bilateral Investment Treaty (BIT) between both countries facilitates further development. The dissertation deals with research about the Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic. The first BIT between Thailand and the Czech Republic was the 'Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Kingdom of Thailand for the Promotion and Protection of Investments (1991)' which was replaced by the 'Agreement between the Government of the Kingdom of Thailand and the Government of the Czech Republic for the Promotion and Protection of Investments (1994) (BIT between Thailand and the Czech Republic 1994), and this BIT is still in force and has not been modified or amended. The object of...
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Dispute resolution within WTO
Honzíková, Veronika ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Dispute Settlement in the WTO Veronika Honzíková Abstract The WTO dispute settlement represents a significant improvement compared to the dispute settlement system under GATT 1947, but is still considered as his successor. The mechanism under GATT 1947 had many weaknesses which resulted to the need of reform. The procedure under GATT 1947 was not contradictory and all members of the Dispute Settlement Body (DSB) were entitled to use the veto right when adopting the reports. The contracting parties were conscious of such weaknesses and they have agreed on a new dispute settlement system during the Uruguay round. The Dispute Settlement Understanding (DSU) is part of the Agreement Establishing the World Trade Organization. The new system remains inter-state mechanism and as a consequence, available only to the Member States, excluding individuals and business operators. The dispute settlement under WTO has become compulsory while leaving each member the choice between this standard procedure and other dispute modes, such as Good Offices, Conciliation, Mediation and Arbitration. The dispute settlement system has been unified and has become more judicial. It excludes national jurisdictions and means strengthening the multilateralism. The dispute settlement is administrated by the Dispute Settlement Body,...
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Mediator
Wiesnerová, Michaela ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
( Mediator) The diploma thesis deals with the person mediator who is key and indispensable in the process of mediation. Mediation is currently an increasingly relevant topic as one of the alternative ways of resolving disputes. Its use in practice could help to reduce the number of cases that courts have to deal with. With growing interest in mediation, the mediator's profession is becoming publicly aware. The aim of the thesis was to analyze the mediator role in mediation in the Czech Republic. The thesis is divided into 6 chapters. The first chapter explains the concept of mediation, the status of mediator and the division of mediators into different types that occur in our territory. The mediator must meet the conditions for the exercise of the profession by law. The main one is the successful passing of the exam, which is described in more detail in the second chapter. An important role in mediation is played by fundamental principles such as volunteering, impartiality, and unbiased, confidentiality and informality. Their adherence is crucial to the profession of mediator. The mediator has certain rights and obligations under the law. Major duties include a duty of confidentiality. The content, scope, and limits are described in Chapter 4. The following fifth chapter examines the mediator's...
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