The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body was forced to suspend its activities after the second terms of two of the remaining three members expired. While the WTO dispute settlement system continues to function at the panel stage, the Appellate Body is currently unable to review appeals because it lacks the minimum number of three members required to establish a division. In addition, the collapse of the Appellate Body means that any party to a dispute can block the adoption of a panel report by filing a notice to appeal which is likely to remain in limbo for an indefinite period. Numerous studies have discussed the Appellate Body crisis and its implications for the WTO dispute settlement system. Few, however, have critically analysed the validity of the concerns that the US has raised about the Appellate Body's work over the past few years. Therefore, the purpose of this research is to discuss and critically analyse these concerns to determine whether the Appellate Body has indeed strayed from its limited mandate. In addition, the research will provide recommendations on how to save the appellate stage and ensure that appeals are resolved while WTO members attempt to find permanent solutions to this unprecedented crisis.

The member states of European Union (EU) and a group of African, Caribbean and Pacific (ACP) states are currently negotiating for new trading agreements compatible with World Trade Organization‘s (WTO) rules. Whereas both the EU and the ACP states are in agreement that the new trading arrangements must be WTO compatible, there is no consensus on the format of the new trading agreements. The EU has insisted that the new trading arrangements should be in the form of free trade agreements, established under Article XXIV of General Agreement on Tariffs and Trade (GATT). Unlike the previous EU – ACP trade agreements which were non – reciprocal, Article XXIV requires that the new trading agreements should be reciprocal. Consequently the EU has gone ahead to negotiate for reciprocal Economic Partnership Agreements (EPAs) with some of the ACP states. Some ACP countries which are opposed to reciprocity have proposed that the new trading arrangements should be established under the provisions of Enabling Clause. Others have suggested that EU should attempt to apply for a WTO waiver. The Cotonou Agreement, under which the new trading agreements are being negotiated, provides that in case of those countries which are not ready to negotiate for EPAs, the EU should examine alternative possibilities, in order to provide these countries with a new framework for trade which is equivalent to their existing situation and in conformity with WTO rules. So far no alternative trading arrangements have been proposed. Although some ACP countries have agreed to negotiate for Economic Partnership Agreements under article XXIV of GAAT, there is no consensus on the interpretation of key provisions of Article XXIV. Under Article XXIV, the parties are required to remove substantially all trade barriers between themselves within reasonable time. The meaning of the phrases 'substantially all' and 'reasonable time‘ has remained controversial with each party giving an interpretation that favours its interests. Lack of consensus on the meaning of these phrases has hindered the conclusion of negotiations for EPAs. In a nutshell, the question of WTO compatibility presents the biggest hurdle to the conclusion of the new trading arrangements between the EU and the ACP group. This paper is an evaluation of the options available to the ACP countries to conclude WTO compatible trading arrangements with the EU. Chapter one of this paper is an introductory chapter which offers an overview of the entire paper. Chapter two sets out in details the historical background of the economic relationship between the EU and the ACP states. This chapter illustrates the historical background from which the new trading agreements have evolved to help the reader understand certain key features of the current economic partnership agreements. Chapter three looks at the GATT/WTO provisions relevant to the establishment of WTO compatible trading arrangements between EU and ACP countries. Particular emphasis is placed on Article XXIV, the Enabling Clause and the WTO waiver. Chapter four is the main chapter in which the paper explores the possibilities of concluding WTO compatible trading agreements under Article XXIV, Enabling clause and the WTO waiver. Chapter five draws the conclusions of this paper. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

Why have Russia been accessing the World Trade Organization for 19 years? What were the main preconditions for hard negotiation, that took almost two full decades? The diploma thesis is written as a case study, analysing Russia's accession to the World Trade Organization from the economical point of view and political aspects of the negotiations. The data about new members after 1995 of the organization are used to verify the hypothesis. ! First part of the thesis is the analysis of the rules of the World Trade Organization for new members acceptance. The rules and processes strongly influence the final outcome of the negotiation. The economic indicators which are not set, the right of each member to veto and the operations of the working group on both bilateral and multilateral level are crucial. ! The second part is focused on the Russian accession to the organization itself. First is (being) researched the impact of applicant's economical influence based on the GDP. According to data about 30 applicants, which entered the World Trade Organization, there is no straight relation to the lenght of the process. Then the nine Schelling's categories of the negotiations were analysed. The most important is the continuos negotiation, defined as a parallel negotiation or a conflict between an applicant...

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<p>Rising levels of food insecurity is currently one of the most pressing issues in global politics. While the United Nations (UN) system has traditionally been responsible for addressing world hunger, the World Trade Organization (WTO) has emerged as a major site of global food security governance. As a result, the UN system and WTO now share authority over the global governance of food security. There are major tensions between these two regimes, with WTO trade rules making agriculture and food increasingly subject to market forces, while, in sharp contrast, the UN advances a human rights approach to food and a greater role for states and deeper constraints on the market. The WTO’s expanding authority over food security has prompted a counter-movement by the UN system, with UN institutions actively seeking to shape WTO trade rules in an attempt to limit the negative impacts of trade liberalization on world food security. This study develops a theory of international organizations as semi-autonomous actors that influence outcomes at competing institutional sites of global governance. This theoretical model, and its supporting empirical investigation, provide a novel contribution to the International Relations and International Political Economy literature on the role of state and non-state actors in contesting global governance. In particular, this study demonstrates that international organizations: act behind the scenes and in hidden ways in inter-state negotiations; perceive and adapt to new hierarchical configurations of power at the global level; and, engage in transnational political action that is motivated by moral and ethical concerns.</p> / Doctor of Philosophy (PhD)

Thesis (MA (Political Science. International Studies))--University of Stellenbosch, 2006. / This study examines, broadly put, why the banking sector in China has not performed as well as other sectors of the economy when compared to international competitors, given that the economy as a whole has been performing so exceptionally at the time of writing and has been for the past two decades. The investigation examines reforms over the past twenty-six years to provide background to the issue as well as taking a view on the Chinese accession to the World Trade Organisation in 2001, providing analysis as to the effects of this accession as well as viewing the undertakings China has made, in general and specific to the banking sector, in terms of World Trade Organisation membership. The methodology employed is descriptive and explanatory in nature and information is sourced from existing academic writing as well as from banking industry publications and research. The source of information for the study is mainly of a qualitative nature, including historical and historical comparative information. Furthermore, the research forms applied research in that it seeks to bring together previous basic and exploratory research in order to identify specific problems and present potential solutions. Findings in the research include the burdensome effects of state-owned enterprises on the banking sector’s largest constituents, problematic aspects of endemic non-performing loans and a culture of lapsing debt in China as well as problems regarding political interference in the banking sector by the state and local authorities. Further problems identified include reporting and supervisory concerns, taxation treatment problems and a lack of risk-based commercial lending criteria in big Chinese banks. Analysis is provided into the effect of current and past restrictions in the sector, the development and reform model China is using to globalise its banks and the 2005 investment surge into China’s bank. Recommendations are made regarding the foreign ownership of the Chinese banking sector, state recognition of bad-debts as state loans, debt-management through asset management companies and reform of the state-owned enterprises and the problems inherent to this initiative. Finally, recommendations as to the role of the regulator and the challenge of political will are highlighted.

Thesis (MA (Political Science ))--University of Stellenbosch, 2006. / The accession of the China to the World Trade Organization represents one of the most significant political-economic events since the close of the Cold War. China’s distinctive political and socio-economic history has made its process of accession unlike that of any other member-nation of the WTO. This study aims to answer the questions of how and to what extent has China complied with its WTO commitments that apply to the life insurance sector. In order to answer these questions, this study employs the qualitative method of evaluation of describing China’s post-accession behavior then comparing that behavior to the liberalization commitments contained in China’s accession protocol and its service schedule. Upon examination of the evidence, it appears that China has been partially compliant with the WTO-related commitments in the life insurance sector. China’s compliance with market access commitments in area of ownership structure exhibits a compromise between the interests of other WTO members. China’s liberalization of geographic restrictions shows that China’s interest in even development of its insurance market also figures into its decision to comply. China’s compliance with commitments regarding licensing, however, appears to show a maneuvering around obligations in order to protect the domestic life insurance industry. While rational functionalist approaches are more helpful in explaining China’s compliance behavior in regards to market access commitments, constructivist normative approaches are more in explaining China’s compliance behavior in regards to its general commitments. Compliance behavior with regard to transparency-related commitments in the life insurance sector reflects socialization or an adjustment to the WTO-norm of transparency. Compliance behavior in with regard to judicial review-related commitments in the life insurance sector reflects an adjustment to the WTO-norm in policy, but this norm is rarely observed in practice. In sum, China’s compliance behavior in regards to commitments in the life insurance sector has generally been compliant with few exceptions. However, all judgments on compliance are generally subject because they reflect the interests of the parties involved. The true test of China’s compliance will begin after full accession in 2007, when WTO members are allowed to files cases against China in the WTO dispute resolution panel.

Thesis (MA)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: The norms governing international trade on the one hand, and sustainable development on the other, have both different origins and objectives. This is the central problem that will be addressed in this research assignment, by analysing the structure, functioning and future of the World Trade Organisation Dispute Settlement Mechanism (DSM). Though there has been a significant shift from politics to legality, the dispute settlement system is still far from perfect. When looking at recent environmental trade disputes, the stress placed on the system is revealed. •• The focus is on the impact of environmental disputes on the nature and functioning of the DSM, and how these disputes have contributed to the development of international trade law, and the concept of sustainable development. These will all contribute to a greater understanding of the interaction of the World Trade Organisation and the multilateral trading system, and the future role the WTO should play on the agenda for sustainable development. / AFRIKAANSE OPSOMMING: Die norme wat enersyds internasionale handel, en andersyds volhoubare ontwikkeling beheer, het uiteenlopende oorspronge en doelstellings. Hierdie is die sentrale probleem wat deur hierdie navorsingsverslag aangespreek word, te wete deur die struktuur, funksionering en toekoms van die Wereldhandelsorganisasie (WHO) Dispute Settlement Mechanism (DSM) te analiseer. Hierdie dispuutskikkingstelsel is nog steeds nie volmaak nie, ten spyte daarvan dat daar reeds 'n betekenisvolle verskuiwing van politiek tot wetlikheid plaasgevind het. As daar na onlangse omgewingshandelsdispute gekyk word, kom die druk wat op die stelsel geplaas word, duidelik na vore. Die fokus word dus met hierdie navorsingsverslag geplaas op die impak wat omgewingsdispute op die aard en funksionering van die DSM het, en hoe die dispute bygedra het tot die ontwikkeling van internasional handelswette asook op die konsep van volhoubare ontwikkeling. Hierdie fokus behoort by te dra tot 'n groter begrip tot die interaksie tussen die Wereldhandelsorganisasie (WHO) en die multilaterale handelstelsels, asook op die toekomstige rol wat die WHO behoort te speel met betrekking tot die agenda vir volhoubare ontwikkeling.

This study evaluated the benefits and the problems of implementing the World Trade Organization's decision on the implementation of Paragraph 6 of the Doha Declaration by developing country members.