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Reform of the system of dispute resolution within the World Trade Organization
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
This thesis the Reform of the WTO Dispute Settlement System, deals with urgent questions about the most important system resolution in international economic law. The WTO Dispute Settlement was established in 1995 and since then it has become a prime example of evolution in the field of international dispute resolution. The system itself has indeed its flaws and therefore its critics. Even its "founding fathers" indented to conduct a reform of the mechanism after few years in action. However, the reform has not yet materialised. The aim of the thesis is to discuss the state of negotiations over the reform of the system, in particular in context of power and rule orientation, and to analyze possible causes of the current state. The thesis is composed of six chapters. Chapter One offers brief characterization of the WTO Dispute Settlement and its main document Understanding on rules and procedures governing the settlement of disputes (DSU), which is found in Annex 2 of the WTO Agreement. Chapter Two chronologically follows the so far unsuccessful development of DSU Revision in WTO. In international trade disputes, two ways of their settlement are recognised: power-oriented and rule-oriented. Both methods are described in Chapter Three. The Chapter Four focuses on the institutional dimension of the...
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Reform of the system of dispute resolution within the World Trade Organization
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
This thesis the Reform of the WTO Dispute Settlement System, deals with urgent questions about the most important system resolution in international economic law. The WTO Dispute Settlement was established in 1995 and since then it has become a prime example of evolution in the field of international dispute resolution. The system itself has indeed its flaws and therefore its critics. Even its "founding fathers" indented to conduct a reform of the mechanism after few years in action. However, the reform has not yet materialised. The aim of the thesis is to discuss the state of negotiations over the reform of the system, in particular in context of power and rule orientation, and to analyze possible causes of the current state. The thesis is composed of six chapters. Chapter One offers brief characterization of the WTO Dispute Settlement and its main document Understanding on rules and procedures governing the settlement of disputes (DSU), which is found in Annex 2 of the WTO Agreement. Chapter Two chronologically follows the so far unsuccessful development of DSU Revision in WTO. In international trade disputes, two ways of their settlement are recognised: power-oriented and rule-oriented. Both methods are described in Chapter Three. The Chapter Four focuses on the institutional dimension of the...
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An analysis of the WTO dispute - DS 231 (EC - Trade Description of Sardines)
Štěpánek, Jaroslav ; Štěrbová, Ludmila (advisor) ; Machková, Hana (referee)
This paper describes in three chapters the dispute between the European Communities and Peru about the trade description of preserved sardines. At the end of the eighty's the EC introduced a new regulation according to which sardines from Peru and other countries alike could not be sold under the name sardines on the common market any more. Peru did object to this regulation and used the World Trade Organization's Dispute Settlement Understanding framework to accomplish its objectives.
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