The World Trade Organization was created to promote free trade and govern multilateral trade agreements as a fair and non-discriminating body. Literature on participation challenges this assumption of partiality and suggests the presence of a bias within the organization’s dispute settlement system. Previous studies have proven that the fear of retaliation is the most decisive factor when considering litigation. Other studies have suggested that sizeable expected benefits from dispute settlement have a greater impact on participation. Given the emergence of new members such as China, Ukraine and Taiwan these results are subject to change. In order to test the suggested hypotheses, a new dataset ranging from 2001-2010 was build to account for some of the changing trends in participation. While the results from the sector specific analysis failed to provide significant support for fear of retaliation, they showed evidence that expected returns motivate the initiation of litigations. Findings also suggest that members, heavily dependent on agriculture, are more likely to join agri-food cases as third parties. This study will provide, through the analysis of agri-food cases, valuable insights on the changes in the behavior of participants over the last decade.

No description available.

Despite the fact that the Commission of the European Community has made Korea one of three main target countries of anti-dumping measures, because Korea is pressing to export more of the electronics products which the Community is struggling to protect, study of the Community Antidumping Law in Korea has barely begun. Therefore, in this thesis, the measures that may be imposed by Community authorities with respect to trade with countries not members of the European Community, especially with Korea, under the Community Anti-dumping Regulation, in the context of the GATT Anti-dumping system are explained and analysed. With regard to the Community's anti-dumping rules, protectionist bias in their application is examined, in particular the determination of normal value and export price, constructed normal value and constructed export price, the comparison of normal value and export price, the calculation of dumping margin, and the determination of injury, and proposals are made as to the extent to which the Community anti-dumping rules need to be revised to diminish the bias in their range that explicitly favours Community producers and a finding of dumping, in the context of the GATT rules. With regard to the Korean Anti-dumping rules, on the other hand, they are introduced, generally. Anti-dumping measures in Korea have not been applied properly in favour of Korean producers, mainly because of the lack of transparency and institutional inertia. Therefore, enactment of a special Act governing anti-dumping complaints, modelled on a unitary system rather than a bifurcated system, should be considered for the transparent and speedy investigations. Institutional inertia must be rectified, i.e., more precise definition is required in some terminologies, and provisions on cumulation and anti-circumvention should have been prescribed before their application. Through a comparative study of the anti-dumping laws in the Community and Korea, it becomes clear that various aspects of the technical methodology applied by the authorities in anti-dumping determinations have a tendency to make findings of dumping largely automatic and inevitable. Therefore, it must always be borne in mind that anti-dumping measures can be imposed only where dumping and resulting injury is actually established, not artificially. This study has looked at anti-dumping laws in the Community and Korea comparatively, in the context of the GATT Anti-dumping rules. The Community refers to GATT and the Code in the preamble of its anti-dumping regulation, which has no binding effect in Court, and adopts the regulation in accordance with existing international obligations, in particular those arising from Article VI of the GATT and from the GATT Anti-dumping Code. However, this does not ensure an interpretation in conformity with GATT rules and its spirit, because the wording of the GATT anti-dumping rules taken literally is very ambiguous and can be interpreted very differently. Therefore, a comparative study with the Community's antidumping rules and its practice as a legislative model should be very helpful, in order to improve the current Korean anti-dumping system, because the GATT anti-dumping rules can play a very limited role only as a guideline.

No description available.

The granting of a range of discretionary powers to the franchisor shows the hierarchical face, besides the market or contractual face, of franchising and similar networks. Dealing with power-related contractual problems within these arrangements is particularly challenging, since they occupy a little explored niche in legal reasoning. In this thesis, I develop an interdisciplinary inquiry on the network concept to assess to which extent it reveals the rationalities underlying the granting of such powers. I study the typical contract law categories of control of the exercise of individual prerogatives available both in civil law and in common law tradition. I discuss to which extent those categories are capable of controlling the exercise of discretionary powers in franchise disputes. I finally turn to public law reasoning on control of power and propose a prudent transplant of some elements of this reasoning into contract law discourse.

No description available.

No description available.

Although the WTO anti-dumping rules have been created to reconcile and monitor domestic anti-dumping measures, different jurisdictions still have tremendous variations in their domestic anti-dumping legislation and interpretations. Such differences may suggest opportunities for further innovations, especially for countries where the anti-dumping legislation is under-developed, such as China. Through a comparative study of the domestic anti-dumping legislation among the United States, the European Community, and China, problems and opportunities for the innovation of China's anti-dumping law will be found.

No description available.

Digitized by Kansas State University Libraries