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Horizontal liberalisation of free movement of services in the European Union
Břicháček, Tomáš ; Král, Richard (advisor) ; Tichý, Luboš (referee) ; Křepelka, Filip (referee)
The area of interest of the thesis is the horizontal liberalisation of the free movement of services based on Directives No. 2006/123/EC on services in the internal market, No. 2005/36/EC on the recognition of professional qualifications, No. 96/71/EC concerning the posting of workers in the framework of the provision of services and No. 2000/31/EC on electronic commerce. More precisely the main subject matter can be defined as the shift in the basic legal regime of free movement of services achieved through these four directives compared to the original state, i.e. the general regime under EU primary law as interpreted by the ECJ. The main objective is to analyze and critically assess the extent and significance of this shift. The basic questions are: To what extent is the resulting legal framework formed by the four horizontal directives different from the original situation? Is it merely a codification of the case law of the ECJ or a result of legislator's efforts to liberalise further the regime? To what extent does the liberalised regime enable or support abuse of free movement of services in order to circumvent the national law of the host state? The conclusions are as follows: Owing to the four directives most cross-border services are now covered by EU secondary law. All of these...
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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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WTO as a Negotiation Forum between the USA and Brazil
Chmelíková, Julie ; Raška, Francis (advisor) ; Kozák, Kryštof (referee)
This master's thesis is concerned with the settlement of particular WTO disputes between Brazil and the United States. The aim of the thesis is to explain the importance of the Dispute Settlement Mechanism (DSM) for Brazilian trade strategy. To demonstrate the use of the mechanism the focus is placed on two specific disputes involving the United States and Brazil. These disputes, regarding patent protection and cotton subsidies, are analyzed using case-study methodology. Moreover, quantitative research based on WTO disputes data is included in the introductory chapter. The study of the disputes shows that Brazil has been one of the most active users of the DSM and that it has initiated cases predominantly against developed countries, the United States being the most frequent target. This strategy enables Brazil to pursue cases that are likely to have systemic implications and thus could have an impact on the international trade order. The two case studies are examples of disputes of potential systemic importance. They further reveal the complexity of disputes in terms such as the increasing role of NGOs, the concept of retaliatory suits, and the significance of timing and political pressure. The exposed dynamics of the settlement of disputes is useful for understanding other WTO cases as well.
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Dispute Settlement in the WTO
Mašková, Tereza ; Grmelová, Nicole (advisor) ; Štěrbová, Ludmila (referee)
The goal of this thesis is to introduce and evaluate the dispute settlement system currently applied under the World Trade Organization, especially with regard to its effectiveness. In the theoretical part of the thesis the historical development of the mechanism is described and the current WTO system is compared with its predecessor applied on the basis on the GATT agreement. Afterwards, the particular stages of the decision making proces are presented. The practical part of the thesis then identifies specific problems most commonly associated with the system, always with a help of some examples from the WTO decision making practice. As a response to these problems, the final chapter presents some proposals for improvement of the current system.
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The Trade Policy Review Mechanism: Shedding light on non-compliance?
Rosendorf, Ondřej ; Parízek, Michal (advisor) ; Karlas, Jan (referee)
This thesis examines the notion of monitoring mechanisms and their ability to identify non-compliance. The Trade Policy Review Mechanism (TPRM) of the World Trade Organization constitutes the main focus of analysis. The purpose of the thesis is to improve the current empirical account of the functioning of the mechanism, and to examine the extent to which the mechanism is able to detect rule violations before they are taken up to the court, as well as factors affecting this ability. From theoretical standpoint, the thesis draws mainly upon rational institutionalism and other approaches related to notions of transparency and compliance. In particular, the thesis focuses on the concept of the so called information systems in international regimes. As regards methodology, the thesis relies on the method of content analysis the purpose of which is to procure empirical evidence of occurrence of matters related to non-compliance in trade policy reviews. Thus procured empirical evidence is then subjected to statistical analysis, including logistic regression. The thesis finds that TPRM covers surprisingly large number of matters that later become subjects of judicially confirmed rule-violations at the WTO. As much as 72% of the matters that are eventually taken up to court are mentioned in trade policy...
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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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Dispute resolution within WTO with regard to the enforcement of decisions
Machátová, Mariana ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Resume This thesis aims to evaluate the WTO dispute settlement system that deals with disputes arising between WTO members. It focuses on the final stage of this process, i.e. the compliance process and the judgement enforcement process. The main objective is to answer the question whether the methods of judgement enforcement are effective and successful and assess any shortcomings and offer possible solutions to overcome these shortcomings. The thesis is divided into seven chapters. In the opening passage the role of World Trade Organization is introduced as well as the need for a dispute resolution system and the main principles governing the system. Various WTO bodies involved in the decision-making process are also described in detail. The following three chapters deal with the dispute resolution process and procedure rules provided under the Dispute Settlement Understanding (DSU). The thesis explores all of the procedural stages of the dispute settlement and also all relevant procedural steps undertaken by the participants. These are not limited to the complainant and to the respondent but also encompass third parties and WTO bodies. The fourth and the fifth chapter of this thesis are dedicated to the compliance process and the judgement enforcement process either by means of compensation or suspension...
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Legal regulation of goods export from the European Union as part of common trade policy
Pávková, Lucie ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Export legal regulation of the European Union as a part of common trade policy The thesis focuses on export of goods from EU to third countries, its legal regulation on both primary and secondary level and its display in the Czech legal regulation. Subsequently, the legal regulation is compared to export legal regulation of WTO. The aim of this comparison is to find out, whether there are any conflicts between EU and WTO regulations. Hypothesis consists of two thoughts: a) Legal regulation of export of goods as a part of EU common trade policy is embedded in EU law in detail. Export of goods is regulated (special) or banned in comparison to the regular export regime in certain cases; b) EU legal regulation of export of goods is in compliance with WTO legal regulation of export of goods. The descriptive, analytical (in part related to EU legal regulation) and comparative (in part related to WTO export regulation) methods were used when verifying the hypothesis. The thesis consists of two main parts. The first one aims to describe and analyze the EU common trade policy in relation to export of goods and its display in primary and secondary law. The aspects of common trade policy as an external activity is described as well. Based on this analysis, the thesis concludes that hypothesis "a)" is true and...
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Global system of protection of intellectual property: purpose and role of WIPO and WTO
Šmíd, Vojtěch ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
The thesis is focused on a specific area of intellectual property field, namely the system of protection of Intellectual property whose current form has been shaped by the international organizations, especially by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). There has therefore been allocated extra space in the thesis to make the reader familiar with these respective organizations, especially with their organizational structure, decision-making procedures and activities. Important part of the thesis is analysis of current relations between WIPO and WTO, including its negative aspects. The thesis also contains section devoted to possible future development of the relations between WIPO and WTO.
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