StudentShare solutions
Triangle menu

Dispute Settlement in the World Trade Organisation - Essay Example

Nobody downloaded yet

Extract of sample
Dispute Settlement in the World Trade Organisation

Most importantly, and despite the organisation and efficiency of the WTO in producing resolutions, there is the question of whether or not member states will follow through with panel mandates, most specifically those states with the greatest economic power. Experience so far tells us that state cooperation on panel findings may not be the norm and that attempts at retaliation by complaining states could cause a bitter tit for tat situation in which no one wins.
By the 1990s the predecessor to the World Trade Organisation, the GATT (The General Agreement on Tariffs and Trade), was of limited use in a world of ever increasing economic interdependence. Member states who came to negotiate at the Uruguay Rounds clearly saw the need to move beyond discussions pertaining purely to trade in goods and into to the areas of services and intellectual property. The trading system that was to come out of these negotiations would become the basis of the new multilateral trading system established on January 1, 1995.
The mandate of the newly created WTO was composed of sixteen articles and four annexes which covered the newly adopted issues as multilateral services and intell...
In order for the new system to work there was no doubt amongst the members that it must have a stronger institutional structure.1 Article 3.2 of the WTO Agreement states, "'The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system.'"2
In order to fully appreciate the importance of the changes made to the process of dispute settlements it is helpful to discuss the nature of dispute settlement under the GATT. Before 1995 complaints of unfair trade practices were heard under the GATT by a panel of independent experts on legal matters. The panel would listen to both arguments and then it would issue a ruling which would in turn have to be accepted by members of the GATT in order for it to take affect. Most often than not the offending nation would vote against the ruling and political and economic pressure would be the only recourse left to make it comply.3 In addition, while these types of pressure may have worked on smaller countries, bigger members of GATT could not easily be swayed by such measures. In this sense the GATT system was completely lacking in adjudication because it did not have "the means to enforce compliance or conduct surveillance of adherence to panel decisions."4 One of the most important advances made during the creation of the WTO charter was the requirement that for panel findings to be reversed the majority of the nations must reject the decision of the panel. This change formally ended with the veto problem by the offending country.
The Uruguay Round also introduced greater discipline for the time limits within which a dispute should be settled. Prompt settlement of an issue was seen as essential if the WTO was to function ...Show more

Summary

At the heart of the multilateral trading system created in the 1990s is the World Trade Organisations's and its dispute settlement procedures. It is through these procedures that the many kinks of the international trade flow are worked over. In a world of intense global competition member states of the WTO are attempting to pave the way towards a more just and organised trading system by affecting positive change and finding just ends to economic conflicts through dispute resolutions…
Author : bbernhard
Dispute Settlement in the World Trade Organisation essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Dispute Settlement in the World Trade Organisation"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

World Trade Organisation (WTO)
Indeed, WTO should be called an extension of GATT because the latter organisation focused on minimising tariffs on goods only to enhance trade. Nevertheless, WTO focuses on eradicating barriers (such as quotas, protectionist policies, duties etc.) on trade of goods and services.
1 pages (250 words) Essay
The World trade organisation
According to the BBC (2011), “the World Trade Organisation is an international body whose purpose is to promote free trade by persuading countries to abolish import tariffs and other barriers. As such, it has become closely associated with globalisation.
2 pages (500 words) Essay
International Dispute Settlement
There are several ways through which these conflicts can be resolved; these ways are both violent and nonviolent. In this writing we will focus on different ways of solving international disputes including: alternative dispute resolution (ADR) and international tribunals.
4 pages (1000 words) Essay
To What extent has the world trade Organisation achieved its objectives What are its greatest failures and how might these be a
These objectives can be reduced to three areas: multilateralism, improving the economic and trade opportunities of developing countries and sustainable development. Whether the WTO has met these objectives has been the subject of intense debate. This research study examines both sides of the argument and identifies lessons learned from its failure to meet some, if not all of its objectives and makes suggestions for the way forward.
23 pages (5750 words) Essay
Dispute Settlement Understanding
Yet the actual numbers of disputes have been found to be much less than the anticipated number of disputes considering the fact that worldwide trade value exceeds USD$6 trillion. The DSU helps in providing stability and predictability of the international trading system.
14 pages (3500 words) Essay
Examine the role played by the GATT and the World Trade Organisation (WTO) in regulating international trade. What were the difficult issues it faced in the Doh
During the early years, GATT had no formal organisation. In 1995, the World Trade Organization (WTO) was created with headquarters in Geneva Switzerland. The WTO is the governing board responsible for negotiating, regulating, and enforcing the body of agreements.
8 pages (2000 words) Essay
World Trade Organisation Law
The burden of proof is as described in European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen From India (2001) quoting Canada - Measures Affecting the Export of Civilian Aircraft (1999) "a procedural concept which speaks to the fair and orderly management and disposition of a dispute"1More commonly; it is the responsibility of producing sufficient evidence in support of a fact or an issue.
8 pages (2000 words) Essay
World Trade Organisation
The rules of the World Trade Organisation have been put into a series of treaties and policies which it maintains. The organisation has a mandate to resolve disputes resulting from trade using dispute settlement systems. When an issue arises after WTO has resolved disputes, the organisation is forced to give decisions that are mandatory to the countries involved.
12 pages (3000 words) Essay
What, if anything, is wrong with the World Trade Organisation
The overriding objective of the World Trade Organisation is to help trade flow smoothly, freely, fairly and predictably (Value Based Management.net 2006). So, then, with such a
5 pages (1250 words) Essay
The World Trade Organisation
WTO has been officially given the responsibility to monitor the national trading policies the occurs around the world aside from the handling of trade disputes and the enforcement of the GATT agreement which considers lowering down the tariff rates and other possible physical and non-physical barriers that could significantly affect the free trading in the world market.
18 pages (4500 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment
Contact Us