International conventions signifies international trade, which in itself would be ineffective if there were no dispute settlement mechanisms. This essay intends to examine how dispute settlement mechanisms between states have developed over the years and a large emphasis is placed on the World Trade Organizations (WTO) Dispute Settlement Body since it’s had great significance for the efficiency of international law. In order to show the need for dispute settlement mechanisms, a background to the conventions that have called for the development of the DSB is in order. This essay focuses on Intellectual Property Rights (IPR), and the agreement that currently regulate intellectual property rights, Trade Related Aspects of Intellectual Property Rights (TRIPS), but also its connection to the DSB. The current negotiations between the EU and the USA for a free trade agreement, Transatlantic Trade and Investment Partnership (TTIP) is also mentioned since it intends to serve as a global model once settled. The purpose of this paper is to investigate and analyze the emergence of the TRIPS agreement, and its relation to the dispute settlement mechanism of the WTO.

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...

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.

Le droit antisubvention est construit par une combinaison des éléments de l'Accord SMC et des solutions du droit interne. Il se trouve au milieu de multiples tensions: l'obligation de conformité à l'égard des accords OMC v. l'autonomie du droit interne, l'équilibre institutionnel interne v. la prévisibilité du droit. La méthode de coordination multilatérale est dans un dilemme: la diffusion de ces tensions risque de laisser trop de marge de manoeuvre au pouvoir exécutif, tandis que trop d'ingérence créera une instabilité systémique. Dans son état actuel, en droit de l'Union européen comme en droit chinois, le droit antisubvention souffre encore d'incohérence entre sa mission et ses moyens: l'effectivité des règles de droit en face des faits économiques complexes reste un défi à relever. Pour la coordination multilatérale du droit antisubvention, l'arrivée de la Chine est à la fois un test de sa crédibilité et une opportunité. L'agressivité de la Chine réveillera éventuellement un besoin et un consensus pour un meilleur encadrement juridique du droit antisubvention. / The antisubsidy law created by dispositions of WTO rules and internal solutions, is situated in the center of multiple normative conflicts: firstly between obligation of compliance and the autonomy of internal legal order; and secondly between the need of institutional balance and the predictability of rules. The method of multilateral coordination is facing a dilemma, the diffusion of those tensions will give the executing authority too much leeway, but intervention will create systematical difficulties. As it is, both in European Union Law and in Chinese Law, the antisubsidy law suffers an incoherence between its mission and its capacity in terms of the effectiveness of its rules facing complexes economic realities. The arrival of China, is both a test and an oppotunity to the multilateral legal coordination on the use of countervailing duty. The aggressive use of the trade defense arm such as countervailing duty, could eventually awake a nee d and a consensus of better legal framework of the antisubsidy law.

Since its inception in 1995, more than 200 disputes have been raised under the WTO Dispute Settlement Understanding (DSU). In spite of the obvious numerical success of the DS system of the WTO, in practice several shortcomings call for institutional and/or procedural change. This analysis deals with the economic aspects of the DS system. First, it turns out that the WTO DS system seems to be "biased". The larger and richer trading nations (USA, EU) are the main users of this system, either because of the larger involvement in world trade, or because the LDCs simply lack the legal resources. Second, in taking advantage of recent theoretical explanations of the WTO system in general (trade talks) and the DS system in particular (aberrations from WTO compliance can lead to trade wars) one can theoretically derive the relative robust result concerning the present practice of the WTO DS system: retaliation with tariffs is ineffective, distorts allocation and is difficult to control. This is also demonstrated in an CGE model analysis for the most popular disputes between the EU and the USA: the Hormones, the Bananas and the FSC cases. The major conclusion of our economic evaluation is that the DS system of retaliation should be changed towards a transfer-like retaliation system. (author's abstract) / Series: EI Working Papers / Europainstitut

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...

Katarína Jakabová Abstract ABSTRACT Procedural aspects of the dispute settlement in international economic law The dispute settlement in the international economic law of nowadays takes place under more institutionalized mechanism as in the past half-century. The aim is clear: better enforceability of the law (of the award) based on the fast and efficient "under one roof" procedure. This thesis focuses on the procedural aspects of the dispute settlement within the World Trade Organization (WTO), the International Centre for Settlement of Investment Disputes (ICSID) and the North American Free Trade Agreement (NAFTA). Each of these three organizations has its own special dispute settlement procedure, which is above all distinctive from the international trade law by having at least one (member) state as a party to a dispute. I have chosen WTO because it regulates the disputes on a state-state level arising from all the WTO agreements between all WTO members, which makes it the biggest (and very effective, let's admit) dispute settling platform worldwide. ICSID is the first and most popular mixed arbitration allowing a non-state party (an investor) to be a party to a dispute. And finally, NAFTA, even if it is on a substantial level complementing the WTO agreements, represents their competitive version on the...

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.

This study critically examines rulings of Investor State Dispute Settlement (ISDS) tribunals. Under the North American Free Trade Agreement’s (NAFTA) Chapter 11, ISDS provides foreign investors with the tools to launch a claim against signatory countries should they feel their investment was inhibited by local regulations. Empirically this study draws upon Windstream Energy LLC. v. the Government of Canada as a case study to analyze the competing responses exchanged during the tribunal’s hearings. The claim by Windstream Energy LLC against the Government of Ontario (GoO) serves as both a central and relevant example for examining the ramifications of ISDS, as it is one of Canada’s most recent defeats featuring the largest award outside a pre-tribunal ISDS settlement. Information was drawn from tribunal documents, referred to as a Memorial and Counter Memorial, which outline each party’s argument and supporting claims. Additionally, the tribunal publishes their final decision and justifications. A critical discourse analysis method, theoretically informed by the corporate crime literature and Gramsci’s theory of hegemony, helps in critically examining the economic, political, and cultural assumptions that influenced the tribunal’s decision and the state’s approach to foreign investment. Overall, dominant voices reinforced neoliberal beliefs about transnational market expectations and the role of the state under a globalized capitalist system. Justifications rooted in market logics prioritized the accumulation of foreign capital over the potential dangers of Windstream’s project. Ultimately, it is the inclusion of corporate safeguards, like ISDS, in free trade pacts that help to (re)produce neoliberal capitalist ideals and further reinforce status-quo economic relations.

Submitted by Elesbão Santiago Neto (neto10uepb@cche.uepb.edu.br) on 2016-09-01T18:00:45Z No. of bitstreams: 1 PDF - Thiago Cavalcanti do Nascimento.pdf: 1298360 bytes, checksum: 3abeb0a667d1c98c98bf2d9954dea168 (MD5) / Made available in DSpace on 2016-09-01T18:00:45Z (GMT). No. of bitstreams: 1 PDF - Thiago Cavalcanti do Nascimento.pdf: 1298360 bytes, checksum: 3abeb0a667d1c98c98bf2d9954dea168 (MD5) Previous issue date: 2014-12-10 / Capes / This study aims to analyze the functioning of the dispute settlement Southern Common Market (Mercosur) mechanism from its commercial and political contradictions, and to evaluate its technical and institutional capacity to overcome these contradictions. The paper investigates the Mercosur dispute settlement system and its alternatives to litigation derived from the process of integration in the region, outlining the inconsistencies of the South American regionalism in the political and commercial aspects. The research uses the case study method and seeks to answer recent Mercosur problems. For this, it was held a documentary research on the reports delivered by the dispute settlement system of the referred bloc, and a reading on authors that investigated the role of institutions in the deepening of integration and cooperation among states. Finally, this paper shows the needs for breakdown with the intergovernmental model by which the bloc is conducted, and therefore, for opening spaces for permanent representatives of the productive sector and other stakeholders. It also suggests that efforts to reduce economic asymmetries are intensified. / O presente trabalho busca analisar o funcionamento do mecanismo de solução de controvérsias Mercado Comum do Sul (Mercosul) a partir de suas contradições comerciais e políticas, bem como avaliar sua capacidade técnica e institucional de superação destas contradições. O trabalho investiga o sistema de solução de controvérsias do Mercosul e suas alternativas para os contenciosos decorrentes do processo de integração na região, delineando as incongruências do regionalismo sul-americano nos aspectos político e comercial. A pesquisa faz uso do método estudo de caso e busca responder a problemas recentes do Mercosul. Para isto, foi realizada uma pesquisa documental sobre os laudos proferidos pelo sistema de solução de controvérsias do referido bloco e uma leitura de autores que investigaram o papel das instituições para o aprofundamento da integração e cooperação entre os Estados. Finalmente, o trabalho aponta as necessidades de ruptura com o modelo intergovernamental pelo qual o bloco é conduzido e, por conseguinte, de abertura de espaços permanentes para representantes do setor produtivo e de outros grupos de interesse. Além disso, sugere que os esforços para redução das assimetrias econômicas sejam intensificados.