Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished

This thesis seeks to investigate the lack of participation by African countries in the WTO Dispute Settlement System by first providing an overview of the Dispute Settlement Understanding (DSU) system and, secondly by explaining the reasons that forestall the participation of African countries.

In this paper I delve into the connection between trade policy and labour rights as probably one of the most controversial issues, which the international trading system is faced with today. Labour laws differ from country to country and of course it is a cause for concern where some countries have higher standards than others, it becomes problematic for these countries with high standards to compete with countries with lower standards. Even though there is a definite link between trade and labour, my argument is that incorporating labour standards into the international trading system is not the best way forward to deal with the problem of abuse of labour standards.<br /> <br /> I further investigate the two organizations at the forefront of this debate, being the WTO and the ILO. In an attempt to ascertain which of the two is the best forum to deal with the issue I further look at the relationship between these two organizations. Compliance with international labour standards is a growing concern as worldwide standards are deteriorating and nothing is being done to alleviate the problem. Accordingly, I explore the causes for the abuse of labour standards and seek to find the better alternative, by looking at the respective positions of the parties who are for and against the linkage of trade with labour standards. Here the views and concerns of the developed world are weighed up against those of the developing world and looking at possible alternatives concludes the paper.

WTO Agreements have failed to adequately cater for the needs of developing countries. The WTO Agreements, particularly the SPS Agreements has failed to take into account the special needs of developing and least developing countries and clearly their interests have received no representation in the Agreement. Instead of reducing the negative impact of the SPS measures, the Agreement itself has become a barrier to trade. The problems of its implementation inclusive of the expertise, the high costs of conformity, lack of infrastructure and adequate resources have created further restrictions for exporters in international commerce. The failure to adequately deal with the implementation problems of developing countries is evident in the stalemate that culminated at the Doha Ministerial Conference which has extended for over a decade. Perhaps the future of African developments lies in regional agreements, since it is clear that the multilateral trading system has failed. Whereas some scholars are of the view that Article 5.7 of the Agreement should be used as model for the precautionary principle. The principle is highly controversial and does not even have a universal definition; its application might prove to be highly problematic. However the trade-environment debate has already taken center stage in the WTO jurisprudence, suggesting possibly the emergence of an Agreement to that effect. One however can only wonder whether in including the trade-environment debate under the ambit of the WTO when clearly it has failed to deal with issues and concerns’ relating to trade only, might be biting much more than it can chew. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

For the average Chinese citizen, waking up under a sky blanketed with smog is no longer a surprise: since the rise of industrial capitalism, changes in trade policy, consumer preferences and the overall magnitude of industry have resulted in crippling levels of ambient air pollution. Though growth in the manufacturing realm was prevalent in the post-Mao Industrial Revolution era, China’s accession to the World Trade Organization resulted in the proliferation of trade on a grand scale, and due to low manufacturing and production costs, resulted in China assuming its seat in the global market. Unfortunately, this economic success was accompanied by an unhealthy increase in ambient air pollution levels, and has since posed a significant threat to public welfare. This study surveys the impact of different aspects of trade volumes in the 31 provinces of China on the state of ambient air pollution. Findings include that as a result of increased trade due to China’s accession to the World Trade Organization, the volume of sulphur dioxide (SO2) emissions from provincial industries is positively correlated with the exports of products manufactured in industrial operating units within China. This study also finds a positive relationship between the imports of products manufactured outside of China, as there is an increase in pollution from road dust due to traveling vehicles with these imported products. Though exports and imports of goods produced in foreign nations contribute significantly to the emissions patterns in Chinese provinces, an analysis of the data indicates that there is a stronger correlation between domestically produced units that are traded, as opposed to those units that are produced outside of the country.

Environmental protection and the World Trade Organization Klára Šmídlová Abstract The theme of this diploma thesis is the relationship of the World Trade Organization (WTO) to the environmental protection. In its three chapters, this paper carries out an analysis of the historical aspects of this relationship and also of the questions, which are being solved in the present. The first chapter outlines the evolution of the relationship between the international trade and the environmental protection since 1947 when the General Agreement on Tariffs and Trade was concluded. The second part of the paper focuses on the analysis of the provisions of the particular WTO agreements, which approach the issue of the environmental protection in different ways. The case law established by the WTO bodies during solving of the disputes between the member states is especially emphasised in analysis of the provisions of the WTO agreements. Finally, the last chapter is devoted to the research of the relationship between the WTO and multilateral environmental agreements, above all those making use of the trade measures to achieve their goals.

M.A. / International markets have expanded through the global reduction of protectionist policies, such as tariffs and quotas, which has in turn expanded international trade between states. The reduction of trade barriers and the implementation of trade liberalisation have caused the international trade structure to change; resources are shifting away from traditional industries and into new ones resulting in new trade opportunities and trade-offs. However, the gains from increased international trade have been unequal; some states, mainly the industrialised, developed nations and the East Asian economies, have reaped the benefits from an increasingly integrated trading system. Numerous developing countries have actively reduced their barriers to international trade and have attempted to integrate their economies into the international trading system. Nevertheless, many of these developing countries are highly impoverished and uncompetitive in the global economy. Within this context, it is the purpose of this dissertation to determine with greater clarity why certain developing countries have significantly decreased their barriers to international trade but have not benefited, both politically and economically, from these actions. In other words, why have certain developing countries, such as those in Latin America, the Middle East, North Africa, South Asia and Africa, increased their trade liberalisation but not benefited from this increased openness. Additionally, why have other developing states, such as the East Asian economies, become key competitors within the global economy? In short, this study investigates why some developing countries trade more yet earn less. The examination of developing countries within the international trading system is presented in a theoretical perspective constructed with a focus on the three classic international relations theories, namely realism, liberalism and structuralism. Each of these theories is employed descriptively as well as prescriptively as tools to evaluate the nature of the international trading system as well as the positioning of developing countries within the trading regime. Applying these prisms of reality, certain developing countries’ position in the global economy are assessed and evaluated through an examination of the WTO and developing countries, the implementation of import substitution policies and export-led industrialisation strategies by various developing countries and the international trends that have caused various developing countries to be uncompetitive in the global trading regime.

World Trade Organization and European Union - the International Trade Aspects of their Relationship The purpose of this thesis is to provide an overall and comparative insight into the relation of the World Trade Organization and the European Union, both being the most influential entities in scope of international trade. The relationship of these two organizations is complex and needs to be assessed with regard to various circumstances - primarily, there is a questionable relationship between the legal systems of those entities, complicated by the attitude of the European Union towards the law (or agreements) of the World Trade Organization. Secondly, both the European Union and the World Trade Organization represent individual and separate entities acting in the area of international trade and thirdly, the European Union is a Member of the World Trade Organization. All these dimensions play a key role when defining the relationship between those entities. The thesis commences (first chapter) with the overview of the development of international trade and organizations with the purpose of regulating this area. Second and third chapter deal with basic terms relating to the World Trade Organization and the European Union - their development, instruments, aims and forecasts. World Trade Organization...

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.

Submitted by admin tede (tede@pucgoias.edu.br) on 2016-08-18T18:18:27Z No. of bitstreams: 1 SHEYLA DE LIMA PINHEIRO.pdf: 398200 bytes, checksum: ead98109ca8c66204004417d733b2f03 (MD5) / Made available in DSpace on 2016-08-18T18:18:28Z (GMT). No. of bitstreams: 1 SHEYLA DE LIMA PINHEIRO.pdf: 398200 bytes, checksum: ead98109ca8c66204004417d733b2f03 (MD5) Previous issue date: 2014-08-01 / The substantial increase in trade between countries that negotiate multilaterally did also increase the number of disputes related to commercial issues that are regulated by WTO agreements and such disputes are resolved by its dispute settlement body. The large number of disputes arise not only the inconsistency of trade rules, but also a slightly more stabilized environment that was fostered by the creation of the WTO. The system of dispute settlement provided a more stable, predictable and governed by rules previously accepted by the members environment. The system of dispute brought unquestionable innovations in solving trade disputes, however, although most of its decisions are complied with for an index of noncompliance that should be examined, because any breach in the commercial harvest is problematic and generates numerous developments. This research is based on the search for an understanding of the reasons for the failure of these decisions and if noncompliance is the result of the influence of market values or institutional weakness of the WTO. The research tries to seek an understanding of the barriers that hinder the implementation of the decision of the OSC when the dispute is between a country with a strong economy and a developing country. It is in the implementation phase of the decisions that the economic and political disparities between states are revealed as the greater or lesser importance of access to certain market seems to be crucial to the decision to comply with a WTO ruling. To identify asymmetries, the work focuses mainly on the analysis of the cotton case involving Brazil and the U.S. over agricultural subsidies used by the Americans and considered illegal by the decision issued by the Dispute Settlement Body of the WTO. / O aumento substancial das trocas comerciais entre os vários países que negociam multilateralmente fez aumentar também o número de disputas relacionadas aos temas comerciais que são regulados por acordos da OMC e tais disputas são solucionadas por seu órgão de solução de controvérsias. O grande número de disputas decorre não somente da inconsistência de regras comerciais, mas também de um ambiente um pouco mais estabilizado que foi propiciado pela criação da OMC. O sistema de solução de controvérsias propiciou um ambiente mais estável, previsível e regido por regras previamente aceitas pelos membros participantes. O sistema de solução de controvérsias trouxe inovações inquestionáveis na solução das disputas comerciais, no entanto, apesar da maioria de suas decisões serem cumpridas há um índice de descumprimento que deve ser analisado, pois qualquer descumprimento na seara comercial é problemático e gera inúmeros desdobramentos. Esta pesquisa se baseia na busca de um entendimento sobre as razões do descumprimento das decisões e se estes descumprimentos são fruto da influência dos valores de mercado ou da fragilidade institucional da própria. A pesquisa tenta buscar um entendimento sobre os entraves que dificultam a implementação da decisão do OSC quando a disputa for entre um país de economia forte e um país em desenvolvimento. É na fase de implementação das decisões que as assimetrias econômicas e políticas entre os Estados são reveladas uma vez que a maior ou menor importância de acesso a certo mercado parece ser determinante para a decisão de cumprir com uma decisão da OMC. Para identificar as assimetrias, o trabalho foca principalmente na análise do caso do algodão envolvendo o Brasil e os EUA acerca dos subsídios agrícolas utilizados pelos norte-americanos e considerados ilegais pela decisão emitida pelo Órgão de Solução de Controvérsias da OMC.