The focus of this dissertation is upon the role of economic relations in the international legal system, with special emphasis on the newly established World Trade Organisation (Hereinafter, WTO) and its implications for developing countries. This organisation has replaced the General Agreement on Tariffs and Trade (Hereinafter, GATT) as the overall mechanism for regulating international trade. The trade policies of the WTO will be assessed in the light of how they affect developing countries in global trade. Issues of importance to be reviewed include the aims and principles of the WTO, factors leading to its institutionalisation and the improvements it makes upon the GATT, with due regard to the manner in which its laws affect the relationship between developed countries and developing ones in multilateral trade.

published_or_final_version / Law / Master / Master of Philosophy

The proliferation of regional trading agreements around the world has changed the landscape of international trade law from a multi-polar system anchored in the nationstate to one where there are groups of closely-knit sovereign nations. They are usually drawn along geographical lines and are conducting trade with one another in a myriad of ways. This craze for trade deals is sure to give rise to disputes that are an inescapable outcome of the bilateral, regional and international agreements that contain the will of these nations to engage in greater co-operation with one another. As such, it has become necessary to design reliable dispute settlement mechanisms for the settlement of trade related disputes for the effective functioning of the trading agreements. Dispute settlement systems have progressed from being unsophisticated and diplomacy oriented as typified by that of the GATT to the highly legalized adjudication based mechanism that is the crowning glory of the WTO. This trend has been followed by other trading organizations that have modified their dispute settlement mechanisms to become more legalistic. CARICOM is a reborn regional trading bloc in the Caribbean and in lock step with the trend of other trading clubs has augmented its dispute settlement mechanism with a long awaited regional court and other non-binding alternative dispute resolution methods to avert legal clashes. This thesis examines the progress of the CARICOM dispute settlement mechanism from its originally diplomatic procedures to its enhanced legalistic system. A standing judicial institution in CARICOM is a coming of age for this region and its jurisprudence now referred to as CARICOM law. These significant legal advances raise many normative questions about the adequacy of the dispute settlement institutions and whether the rules and processes are clearly defined to enable nascent CARICOM law to be the primary tool by which there can be effective regulation of CARICOM integration. In order to answer these questions this thesis reviews the dispute settlement mechanisms of the WTO and the EU as the natural ‘parents’ of the CARICOM dispute settlement system.

No description available.

Thesis (M. Phil.)--University of Hong Kong, 2009. / Includes bibliographical references (p. 154-160) Also available in print.

Thesis (M. Phil.)--University of Hong Kong, 2009. / Includes bibliographical references (p. 154-160) Also available online.

Thesis (Ph. D.)--Auburn University, 2009. / Abstract. Vita. Includes bibliographical references.

Thesis (Ph. D.)--University of Washington, 1997. / Vita. Includes bibliographical references (leaves [318]-354).

Thesis (Ph. D.)--University of California at Berkeley, 1993. / Includes bibliographical references (334-353).

Thesis (Ph. D.)--Iowa State University, 1991. / Includes bibliographical references (leaf 116).