|
|
Crisis of the WTO dispute settlement system - MPIA
Červinka, František ; Šturma, Pavel (advisor) ; Urbanová, Kristýna (referee)
The Dispute settlement system of the World Trade Organization is in a crisis. The demise of the Appellate Body signals tough times for the multilateral trading system. The Appellate Body is now devoid of its adjudicators, their appointment blocked by the US. The celebrated system of dispute resolution has been crippled. Evolving since the second world war it saw many iterations. The first goal of this thesis is to explore the nature of the different dispute settlement regimes of the ITO, the GATT and the WTO and determine whether they constitute a judicial or a diplomatic system. The second goal of this thesis is to analyze the Appellate Body crisis. With no resolution in sight, a group of members agreed to sign the Multi-party Interim Appeals Arrangement (MPIA), resorting to arbitration in place of the non- functioning Appellate Body. The US has raised numerous objections to the practice of the Appellate Body and the thesis shall touch upon a number of them with a thorough discussion, mainly on the extent of its authority and the limits of its functioning. The thesis will examine the criticism of the US, counterarguments and whether the MPIA rectifies any of the perceived shortcomings. Key Words: Multilateral Trading System, the World Trade Organization, the Appellate Body, the MPIA, dispute...
|
|
|
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...
|
|
|
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...
|
|
|
Dispute Settlement System in the World Trade Organization, developments and future prospects
Černý, Dalibor
The subject matter of this dissertation entitled "Dispute Settlement System in the World Trade Organization, developments and future prospects" is to examine dispute settlement system in the world trade, since the establishment of the World Trade Organization's predecessor - the GATT, until now. Besides the historical introduction into the area, the dissertation provides a comparison of these two consecutive systems and their main goals. Using available corresponding case law provided by panels and the Appellate Body, this dissertation covers the procedures and principles based on which the dispute settlement system currently stands. The secondary but not less important topic are the developing countries, their role in the system and inequality of the system related thereto. This inequality of the system lies mainly in the compliance issues. The dispute settlement system includes certain remedies in order to enforce the decisions and recommendations of the respective tribunals, but it is fair to say that they are not effective enough and tend to favour the developed countries. This dissertation also tries to find the solutions to the listed problems, mainly from the perspective of a proper compliance.
|
|
|
Dispute Settlement System in the World Trade Organization, developments and future prospects
Černý, Dalibor ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
The subject matter of this dissertation entitled "Dispute Settlement System in the World Trade Organization, developments and future prospects" is to examine dispute settlement system in the world trade, since the establishment of the World Trade Organization's predecessor - the GATT, until now. Besides the historical introduction into the area, the dissertation provides a comparison of these two consecutive systems and their main goals. Using available corresponding case law provided by panels and the Appellate Body, this dissertation covers the procedures and principles based on which the dispute settlement system currently stands. The secondary but not less important topic are the developing countries, their role in the system and inequality of the system related thereto. This inequality of the system lies mainly in the compliance issues. The dispute settlement system includes certain remedies in order to enforce the decisions and recommendations of the respective tribunals, but it is fair to say that they are not effective enough and tend to favour the developed countries. This dissertation also tries to find the solutions to the listed problems, mainly from the perspective of a proper compliance.
|
|
|
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...
|
|
|
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...
|
|
| |
guest ::
