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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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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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The Doha Round of Negotiations in the World Trade Organization: Selected Countries' Positions
Rožnovská, Veronika ; Parízek, Michal (advisor) ; Miková, Ivana (referee)
This bachelor thesis focuses on international negotiation within the World Trade Organization, particularly on position of least developed countries during negotiations in the Organization. Due to weak negotiation positions of least developed countries, it is advantageous when their interests are protected by states that have more economic influence. For the abovementioned, the goal of this thesis is to discover which economic power shares interest with the least developed countries whether India or China. To achieve a conclusion, analysis of ministerial speeches from WTO Ministerial conferences is conducted. Opinion statements of the states are evaluated according to topics states focus on in the speeches - depending on the length of the text dedicated to the topic and expressed degree of liberalization. Subsequently, using the Weight Euclidian Distance positions of the states were identified and the distances among them were stated. The results show that China's opinions are closer to the least developed countries than India's. The crucial difference is most noticeable on the issue of special and differential treatment for developing countries, which China strongly promotes. Furthermore, it is observed that China's opinions are closer primarily to African nations.
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Relationship of the European Union legal order to the World Trade Organization law
Tměj, Jakub ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Both, the European Union legal order and the World Trade Organization law represent important examples of the supranational legal system. This thesis focuses on their mutual relationship, in concrete through the perspective of the EU law. It aims to analyse how the European law approaches the WTO rules and which effects are granted to them. Introductory chapter provides the reader with a wider perspective of the examined topic dealing with relationship of the European law and the public international law in general. It presents the historical development as well as the current status of the relationship. Attention is brought to relevant provisions of the EU law and related case law of the Court of Justice of the European Union. It also outlines a theoretical background of the issue. Chapter Two focuses in a more specific way on the position of WTO norms in the EU legal order. Firstly, it briefly defines the WTO law while reflecting the specifics in regard of the EU. Afterwards, it is examined, which effects are granted to the WTO rules in the European law, particularly through the reasoning of the CJEU. The last chapter puts the results of the analysis into a wider context and sketches the background of the topic at hand. That provides inputs for a final evaluation of the current status and an...
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TTIP: Why did the negotiations start as late as 2013?
Karl, Václav ; Kozák, Kryštof (advisor) ; Fiřtová, Magdalena (referee)
This thesis' focus is a free trade agreement between the European Union and the United States of America called the Transatlantic Trade and Investment Partnership. The main goal of the thesis is to answer the question of why the negotiations began as late as 2013. The thesis touches on the issue of regionalism; therefore it presents a short introduction on this topic in the beginning. It then follows to the Second World War and by chronologically analysing the trade relations between the EU and the USA it describes the factors which led to the negotiations of TTIP, as well as those that called them off. Among these main factors it primarily mentions the failure of multilateral negotiations within the WTO and various interest groups on both sides of the Atlantic, mainly trade and consumer organisations. Furthermore, it mentions the Great Recession of 2007 and the decline in the influence of the United States and the European union on the world geopolitical scene. The thesis also analyses which of the mentioned factors were relevant at certain moments and in individual cases, as well as if it shifted the negotiations back to the start. The whole thesis is written from the american perspective on this issue and it takes the european one into consideration only in the cases of dispute. In the end, it...
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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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China and the notion of responsibility in the present international society
Mecko, Peter ; Karlas, Jan (advisor) ; Drulák, Petr (referee)
One of the most frequent questions in the study of Chinese foreign policy is whether China can be regarded as a responsible member of international society. It is the aim of the presented thesis to look more closely at China's behaviour in the present international society in terms of responsibility. The thesis utilizes the concept of international society developed by the English school of international relations and interconnects it with the concept of responsibility in international relations to determine a set of criteria which an ordinary state or great power must meet in order to be regarded as responsible in the present international society. In order to determine whether China behaves as a responsible ordinary state or great power on the international level, the thesis utilizes the method of the most likely and the least likely case studies. The analysis of China's behaviour in the World Trade Organization and within the nuclear non-proliferation regime can provide sufficient evidence of China's acceptance of primary institutions forming the backbone of the present international society. The findings have serious implications for thinking of contemporary China as a status quo state respecting institutions and rules of the present international society.
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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.
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The European Union and the World Trade Organization - Principles, Results and Comparison of Trade Liberalization Regimes
Süttö, Michal ; Kunertová, Tereza (referee)
The European Union and the World Trade Organization - Principles, Results and Comparison of Trade Liberalization Regimes Abstract The subject of this thesis is an analysis and subsequent comparison of the origin, principles, development, results and basic legal instruments of trade liberalization within the European Union and the World Trade Organization. While coexisting in the field of international economic co-operation for more than 60 years, these bodies have emerged from the same aspirations to deepen mutual economic co-operation through trade liberalization and suppression of the protectionist practices. Our primary objective is to examine and point out the aspects that both organizations share, as well as the degree and form of their differences. However, the presented work focuses on the similarities and differences between the EU and the WTO from a specific point of view. It is based on traditional expectation of most authors, believing that the EU is pursuing more ambitious goals than the WTO. Under this assumption, trade liberalization obligations between EU Member States would necessarily have to be stricter and more progressive than the WTO's respective commitments. The subsequent objective of the thesis is to examine the validity of this expectation. Regarding the analysis of the rules, the...
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