Thesis (Ph. D.)--University of Wisconsin--Madison, 2006 / Includes bibliographical references (p. 100-103). Also available on the Internet.

Due to the abortion of the proposed Havana Charter and non-participation of the USSR and other State trading economies in the Charter negotiations, GATT has been acting as a traders' club - a club mainly beneficial to western •market economies. Its rules are formulated almost exclusively in favor of free trade on a comparative advantage and private enterprise basis. There is virtually no place for NMEs to have effective access. As one of the pivots of post-World-War-II multilateralism, GATT assumes a major role in compromising, integrating, regulating and supervising diversified member nations' trade laws and policies. Its legal framework, however, is inadequate to deal with the integration of NME. This is because GATT is framed essentially along the line of market ideology and minimal government intervention. NMEs, on the other hand, discard market ideology and adopt wholesale government intervention and central planning as a basic form of economy. While trading practice in NMEs is basically incompatible with the GATT-promoted free trade rules, accommodations were made to facilitate NMEs' request for membership. Consequently, Poland, Romania, Hungary and Yugoslavia became GATT members respectively during the 1960s and 70s. At that time East European countries maintained command state trading thus were unable to be fully integrated into the GATT-based international trade order. During negotiations on terms of NMEs' accession to GATT, GATT countries adopted an import commitments approach to solve the central and much debated issue of market access to NME countries. Despite its merits, the approach has been criticized notwithstanding the fact that no alternative has been suggested. Accordingly, the primary objective of the thesis is to rethink the existing approaches to NMEs in order to explore new ways of effectively integrating NMEs into the GATT legal framework. By approaching the thesis problem carefully, the writer arrives at the conclusion that although GATT would need new assumptions with a view to regaining a new consensus of broader international representation and participation, a considerable and substantial decentralization in the NME is unavoidable in order to adapt themselves into the GATT framework. In the meantime, it is stressed that all GATT countries should continue to facilitate NMEs' access to the GATT forum in the hope that NMEs being potential world traders would increase world prosperity and understanding by broader participation. World prosperity, needless to say, is the best guarantee of world peace and security. / Law, Peter A. Allard School of / Graduate

The issue of tensions between market access and environmental protection is relatively new focus in the domain of international trade. This article suggests solutions to this conflict within the WTO framework so that while pursuing the goals of free trade and promoting development of economy the objective of 'sustainable development' can be achieved at the same time. This article includes an introduction, the main body (three chapters) and conclusion. j The Introduction starts by describing the development of the regimes of market access and environmental protection; it goes on to analyze the causes of the tension between the two and finally emphasizes the importance of resolving this tension within the World Trade Organization (WTO) framework. Chapter One elaborates on the existing principles, regulations and exception in the WTO framework and states that these regulations cannot live up to expectations of the developed countries and environmentalists. The conclusion is that it is impractical for the developing countries to avoid this issue. Chapter Two starts with an inquiry into the crux of tensions between free trade and environmental protection. It goes on to enlist different proposals by academic scholars and compare these principles' application in European Community Treaty (EC) and North American Free Trade Agreement (NAFTA), hoping to resolve the tensions between market access and environmental protection. Chapter Three summarizes academic proposals and experiences of EC and NAFTA and discusses possible practical resolutions within WTO including both short-term measures and long-term ones. This chapter concludes by suggesting possible courses of action for China that could allow it to sustain the 'green challenge.' The Conclusion discusses the objectivity and unavoidability of the tensions between the free trade and the environment protection and reinforces the importance of resolving the problem within the WTO framework as well as the necessity of amending related regulations and harmonizing environmental standards of the WTO members. / Law, Peter A. Allard School of / Graduate

Master’s Research Report / The purpose of this project is to analyse the accession process to the World Trade Organisation using Russia as the case study. It will be guided by the following hypothesis ‘Russia’s slow accession to the WTO can be explained in a two-level game context where administrative capacity, domestic lobbies, domestic political changes and relations with international actors are relevant’. The importance of such research lies at the heart of a debate in the literature which asks whether a country should liberalise its trade, integrate itself into the international system by limiting its freedom and increasing competition on domestic producers. In a thorough analysis of Russia’s accession this paper intends to investigate how this dilemma was affecting the country’s decision-making process. This paper attempts to deliver an original analysis of Russia’s accession process by embedding it in a consistent theoretical framework, as the relevant literature lacks the theory implication and mostly focuses on economic benefits of Russia liberalising its trade.

No description available.

Univ., Diss.--München, 2006. / Literaturverz. S. [389] - 400.

This thesis intends to provide an argument in favour of private participation in the dispute settlement system of the World Trade Organization (WTO) as an area of the world trading system most visible to but also most removed from the influence of private actors. Private participation is understood as the direct and formal involvement of non-governmental actors in dispute resolution. It will distinguish between passive and active participation, the former addressing the flow of information from the WTO to civil society (understood as the community of all Member societies affected by the world trading system), while the later is concerned with issues of access and standing. As first step, I will develop an analytical framework for international dispute settlement systems based on the three elements of actors, material scope and procedures, as well as the underlying theoretical conceptions for each element. After having given an overview of the relevant features of the world trading system and its dispute resolutions mechanisms as set forth in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) of the WTO, I continue by subsuming the DSU under the analytical framework. Based on the position of the DSU within the analytical framework, I will submit an argument in favour of private participation, drawing particularly from the international relations theory of liberalism. Parting from realist-institutionalist assumptions predominant in public international law, liberalism places the individual at the center of international and WTO law, opening the latter for new categories of international actors. Finally, taking into account the liberal reliance on individual rights and democratic participation, I will suggest models to implement private participation in WTO dispute settlement. My aim is to promote meaningful involvement of private actors whose interests and objectives are affected by the world trading system, with varying procedural roles reflecting their relation to the WTO's trade regime, ranging form passive participation, to party status, to amici curiae.

Proefschrift Universiteit van Amsterdam. / Omslag is titelblad. Met lit. opg. - Met samenvatting in het Nederlands.

Univ., Diss.--St. Gallen, 2004. / Literaturverz. S. 239 - 243.

Universiẗat, Diss.--St. Gallen, 2003. / Literaturverz. S.I - XXIII.