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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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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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Trade disputes between EU and USA in the WTO
Skladchikova, Anna ; Grmelová, Nicole (advisor) ; Levý, Jan (referee)
The European Union and the United States of America are the world's largest trading partners, not only among themselves but also with other states. Due to the increasing volume of their mutual trade, the number of disputes that arise between these business partners is growing, and that is why the question of regulating bilateral trade relations between the EU and the US is becoming more and more sensitive. This paper provides an overview of trade disputes between the European Union and the United States of America and a mechanism for their solution at the World Trade Organization to assess the possibility of adopting preventive measures that could prevent the future emergence of trade conflicts or facilitate settlement of disputed controversial situations.
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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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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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Využití mechanismu WTO při řešení obchodních sporů
Zajíček, Jan ; Štěrbová, Ludmila (advisor) ; Sztogrynová, Miroslava (referee)
Práce popisuje mechanismus řešení sporů ve WTO a rozebírá jeho význam na konkrétním sporu. Stručně rekapituluje historický vývoj obchodně politického mezinárodního systému a vývoj mechanismu řešení sporů. Popisuje jednotlivé fáze průběhu sporů a naznačuje možný vývoj mechanismu s pohledem na probíhající negociace ve WTO. Na příkladu sporu Norska versus EU v otázce antidumpingových opatření vůči dovozům chovaného lososa z Norska ilustruje složitost průběhu sporu i jeho celkovou náročnost a dochází k závěru o přínosu mechanismu při nutnosti uvážení významu chráněného ekonomického zájmu.
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