No description available.

This aim of this thesis will be to first address the issue of the direct applicability of the GATT within the national framework, mainly through the use of an analysis of the considerations that such a denial of the direct effect of the GATT is based upon, to understand if there are real obstacles to its implementation, before examining the harmful effects this of denial. The analysis will focus on the situation in both the European Union and the United States, these two countries being two of the most important trade partners in the WTO, before suggesting various solutions that could be adopted to implement the direct effect of the GATT in order to benefit both individuals and the WTO members. / However, since WTO members are still highly opposed to the recognition of the direct effect of the GATT, the unlikelihood of its implementation, at least in a short term perspective, will lead to an analysis of the situation directly at the WTO level. This will permit us to further conclude, whether it would be possible to find solutions to palliate the problems arising out of the denial of the direct effect of the GATT at a national level. Indeed, in the last part of the analysis undertaken in this work, various ways to remedy the deficit of democracy will be explored, examining alternatively the best vectors that could be used: individuals or NGOs, in order to enhance the legitimacy of the WTO which is principally under attack.

No description available.

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University of Macau / Faculty of Law

Zugl.: Hamburg, Univ., Diss., 2009 / Includes bibliographical references (p. 253-267) and index.

The focus of this thesis is the question whether or not the WTO discriminates unfairly against developing economies. In the absence of a test of guidelines for detennining unfairness or fairness of WTO provisions or Agreements has been drawn up using welfare economic and constitutional law principles as a foundation. Unfairness is therefore determined by asking whether the provisions of each Agreement are rational, proportional, efficient and whether they prevent the abuse of power amongst states. In addition, the economic effects of the provisions of the selected Agreements have been analysed to determine whether the relevant provisions are welfare enhancing and conclusive to promoting growth and development within developing economies. The Agreements chosed for analysis are the Agreements on Trade-related Investment Measures (TRIMS), Trade-related Intellectual Property (TRIPS), Agriculture and Services (GATS). The dispute settlement and negotiating process, labour standards and the impact of decreasing most-favoured nation rates on developing economy competitiveness is also discussed. Application of the test has shown that the WTO provisions do not reflect the interests of all members. Even though most member states are developing economies, the3 Agreements constantly cater foe developed country concerns and interests. Where provision is made for developing country interests, it is the LDC's who are favoured, with nonnal developing economies being bound by the same provisions as the developed economies. A fonnal, as opposed to a substantive, defmition has been adopted by the WTO, with a result that the process of equality is placed above the outcomes. While concessions have been made to development, members have not gone for enough. A main reason for the imbalance can be attributed to the negotiating process, which is based upon concessionary bargaining and trade-off. Those states with greater economic power are therefore at an advantage as they have the leverage needed to influence the outcomes of negotiations and hence the provisions of the various Agreements. Even with the LDC's, the WTO has been found to discriminate unfairly against developing economies because it does not adequately address developing country concerns. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in

LD2668 .T4 1946 T8 / Master of Science

published_or_final_version / Public Administration / Master / Master of Public Administration