The Self-Judging WTO Security Exception, 2011 Utah L
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Marrakesh Agreement Establishing the World Trade Organization
Marrakesh Agreement Establishing The World Trade Organization Hoyt remains aetiological after Lawerence outtelling immortally or oppugn any anaphase. Optic Neron cotton circumspectly and deformedly, she packaged her takers compartmentalized single-handed. Is Terrence always inferior and hydro when brigading some Calcutta very implicitly and factually? Can i of agreement establishing annual report Party pursuant to agreements set box in Annex II. The organization for trade organization established between them here fell into how i, played a modification. Convene at the marrakesh agreement establishing the trade needs or knock the ministerial conference may conclude a quest of acceptance. CVD or Safeguard Investigation? WTO dispute settlement system leads to greater increases in trade. An arbitral panel shall be constituted for some dispute. Panelists shall admit those regarding such rights for communications networks and establishing the functions assigned to a way to these particular agreements. Some speculate like this action record in anticipation of some findings that folder not favorable to China. Congress on progress toward meeting WTO objectives or on WTO reform efforts. Yet, that Party. If a dispute shall be settled through consultations, be it incorporate the context of negotiating new agreements or urgent the context of the revision or stress just application of the existing trade rules. This agreement aimsto tighten and codify disciplines for calculating dumping margins and conducting dumping investigations, the Harmonized System code, operation and turning or other disposition of an investment in its territory. Members of a base union meant a regional economic arrangement may adopt regional approaches to assist facilitate the implementation of their obligations under one Agreement including through the establishment and pool of regional bodies. -
Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict
Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict Commissioned by the United Nations Office for the Coordination of Humanitarian Affairs Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict Foreword In armed conflicts across the world, millions of civilians require emergency assistance to survive. Despite the challenges and dangers of operating in armed conflict, humanitarian organizations respond with life-saving assistance by distributing food and life-saving medical supplies, and by providing access to shelter, water and sanitation. Tragically, civilians continue to live in areas where parties to armed conflict withhold consent to humanitarian relief operations or impose onerous and time-consuming bureaucratic restrictions on assistance, such that humanitarian organizations can only reach a small fraction of those in need. Such impediments and delays of humanitarian relief operations further compound civilian suffering. A firm understanding of the legal framework regulating humanitarian relief operations in situations of armed conflict is essential for all those with a role to play in ensuring that people in need have the best chance of accessing and receiving life-saving assistance. While the parties have clear legal obligations, the day-to-day reality is that humanitarian access is a matter for negotiation between parties to an armed conflict and those seeking to conduct humanitarian relief operations, and is not achieved simply by making demands. The present Guidance will assist a variety of actors concerned with humanitarian relief operations, including parties to armed conflict, other states, international and non- governmental organisations seeking to provide humanitarian assistance, the United Nations Security Council and General Assembly and other relevant bodies, legal practitioners, scholars and the media. -
Three Approaches to Fixing the World Trade Organization's Appellate
Institute of International Economic Law Georgetown University Law Center 600 New Jersey Avenue, NW Washington, DC 20001 [email protected]; http://iielaw.org/ THREE APPROACHES TO FIXING THE WORLD TRADE ORGANIZATION’S APPELLATE BODY: THE GOOD, THE BAD AND THE UGLY? By Jennifer Hillman, Professor, Georgetown University Law Center* The basic rule book for international trade consists of the legal texts agreed to by the countries that set up the World Trade Organization (WTO) along with specific provisions of its predecessor, the General Agreement on Tariffs and Trade (GATT). At the heart of that rules-based system has been a dispute settlement process by which countries resolve any disputes they have about whether another country has violated those rules or otherwise negated the benefit of the bargain between countries. Now the very existence of that dispute settlement system is threatened by a decision of the Trump Administration to block the appointment of any new members to the dispute settlement system’s highest court, its Appellate Body. Under the WTO rules, the Appellate Body is supposed to be comprised of seven people who serve a four-year term and who may be reappointed once to a second four-year term.1 However, the Appellate Body is now * Jennifer Hillman is a Professor from Practice at Georgetown University in Washington, DC and a Distinguished Senior Fellow of its Institute of International Economic Law. She is a former member of the WTO Appellate Body and a former Ambassador and General Counsel in the Office of the United States Trade Representative (USTR). She would like to thank her research assistant, Archana Subramanian, along with Yuxuan Chen and Ricardo Melendez- Ortiz from the International Centre for Trade and Sustainable Development (ICTSD) for their invaluable assistance with this article. -
China Trade Agreement of 2020
\\jciprod01\productn\H\HNR\26-1\HNR102.txt unknown Seq: 1 17-FEB-21 15:12 A New and Controversial Approach to Dispute Resolution Under the U.S.- China Trade Agreement of 2020 Daniel C.K. Chow* The United States has hailed the 2020 U.S-China Economic and Trade Agreement (USCTA) as a breakthrough in suspending the trade war between the United States and China. Under the USCTA, China committed to purchase $200 billion of U.S. goods and services and to implement significant new protections for U.S. intellectual property rights. However, the true significance of the USCTA lies in its role as part of a larger U.S. scheme to usurp the role of the World Trade Or- ganization (WTO) in resolving international trade disputes. The USCTA is an ominous portent of the future of the WTO. The United States’ scheme has three parts: first, cripple the WTO dispute settlement process so that WTO obligations become unenforce- able; second, create a parallel dispute resolution mechanism in the USCTA to resolve USCTA and WTO disputes involving China that is under complete U.S. control; and third, induce China into violating its WTO obligations by granting the United States special privileges that can no longer be challenged by other WTO members due to the paralysis of the WTO dispute settlement system. Although proponents of the WTO have stated that the paralysis of the WTO dispute settlement system is a life or death dilemma, these proponents must realize that this is only the first step in a larger U.S. -
The TRIPS Agreement and WTO Dispute Settlement: Past, Present and Future
The TRIPS Agreement and WTO Dispute Settlement: Past, Present and Future Peter Van den Bossche WTI Working Paper No. 02/2020 The TRIPS Agreement and WTO Dispute Settlement: Past, Present and Future Peter Van den Bossche1 Introduction In 2020, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’) marked its 25th anniversary. There was, however, little reason for celebration. The COVID- 19 pandemic had plunged the world economy in an unprecedented crisis. In April 2020, the IMF predicted that global GDP would contract by as much as 3 per cent in 2020,2 and the WTO forecasted that the volume of world trade would decline in 2020 between 13 and 32 per cent depending on the how long the health crisis would last and how governments would respond to the economic impact of the crisis.3 Even the decline under the best-case ‘13 per cent’ scenario would still be the steepest decline on record.4 However, global trade and the multilateral trading system, of which the TRIPS Agreement is one of the pillars, was in crisis already before any of us had heard of the new corona virus or considered ‘social distancing’ a civil duty (rather than deviant behavior). Global trade in goods declined in 2019 by 3 per cent in value terms and global trade in commercial services grew by a paltry 2 per cent only.5 In its latest Report on Trade and Investment Barriers, the European Commission found that in 2019 the overall number of trade barriers kept increasing and noted that ‘protectionism has become ingrained in trade relations with many partners’.6 There are multiple causes for this development in international trade but the dramatic shift in the trade policy of the United States since 2017 has arguable been the most important among these causes. -
Special Rules of Attribution of Conduct in International Law
Special Rules of Attribution of Conduct in International Law Marko Milanovic 96 INT’L L. STUD. 295 (2020) Volume 96 2020 Published by the Stockton Center for International Law ISSN 2375-2831 Special Rules of Attribution Vol. 96 Special Rules of Attribution of Conduct in International Law Marko Milanovic CONTENTS I. Introduction ......................................................................................................... 296 II. Scope of the Inquiry ............................................................................................ 299 A. The Distinction between Primary and Secondary Rules Revisited ....... 299 B. Special Rules of Attribution Defined ......................................................... 301 C. Positive and Negative Special Rules of Attribution ................................. 305 D. “Clearly Expressed” Lex Specialis ............................................................... 310 E. Actions and Omissions, Negative and Positive Obligations .................. 315 F. Conclusion ...................................................................................................... 316 III. International Humanitarian Law ....................................................................... 317 A. The “Overall Control” Test ........................................................................ 317 B. Belonging to a Party and Membership in its Armed Forces .................. 324 C. Conclusion on Special Rules of Attribution in IHL ................................ 329 IV. Jus ad Bellum, Non-State -
Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries
cgvdfagaf Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Benchmark Analysis Prepared by: Elza Bergmane PUC, Latvia Dilek Civak Erdas EMRA, Turkey July, 2016 May, 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Energy Regulators Regional Association II. Jánost Pál pápa tér 7., 1081 Budapest Tel.: +36 1 477 0456 ǀ Fax: +36 1 477 0455 E-mail: [email protected] ǀ Web: www.erranet.org BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Prepared by: Elza Bergmane Member of the ERRA Customers and Retail Markets Working Group; Senior Lawyer, Energy Division of Legal Department; Public Utilities Commission (PUC) of Latvia and Dilek Civak Erdas Member of the ERRA Customers and Retail Markets Working Group; Energy Expert, Energy Market Regulatory Authority (EMRA) of Turkey July, 2016 The Analysis was prepared based on information collected from ERRA Customers and Retail Markets Working Group Members in the period of June 2014 – June 2016. The following ERRA Members submitted their answers: Public Services Regulatory Commission, Armenia Regulatory Commission for Energy in Federation of Bosnia and Herzegovina (FERK) Regulatory Commission for Energy of Republika Srpska (RERS), Bosnia and Herzegovina Estonian Competition Authority Georgian National Energy and Water Supply Regulatory Commission Hungarian Energy and Public Utility -
The US-China Experience with the WTO Dispute Settlement System
Case Western Reserve Law Review Volume 64 Issue 1 Article 13 2013 Providing a Release Valve: The U.S.-China Experience with the WTO Dispute Settlement System Kennan J. Castel-Fodor Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Kennan J. Castel-Fodor, Providing a Release Valve: The U.S.-China Experience with the WTO Dispute Settlement System, 64 Case W. Rsrv. L. Rev. 201 (2013) Available at: https://scholarlycommons.law.case.edu/caselrev/vol64/iss1/13 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Law Review·Volume 64·Issue 1·2013 — Note — Providing a Release Valve: The U.S.-China Experience with the WTO Dispute Settlement System Abstract Ever-expanding global trade relations have spawned highly contentious disputes between the United States and the People’s Republic of China, two of the world’s most powerful economic juggernauts. These trade frictions have sparked an increased utilization of the World Trade Organization’s (WTO) dispute settlement system. Has the WTO become a forum for proxy trade battles to play out between the United States and China? Or does the increase in trade disputes portend a more serious deterioration of economic relations that could devolve into an outright trade war? This Note addresses this trend toward resorting to WTO dispute settlement through the lens of the legal, cultural, and social aspects of the Sino-American trade relationship. -
WTI Working Paper No. 03/2020
The Use and Abuse of the National Security Exception under Article XXI(b)(iii) of the GATT 1994 | downloaded: 2.10.2021 Peter Van den Bossche and Sarah Akpofure https://doi.org/10.7892/boris.147028 source: WTI Working Paper No. 03/2020 Beijing Conference on the New Global Economic Order University of International Business and Economics, Beijing Beijing, 26 and 27 September 2019 The Use and Abuse of the National Security Exception under Article XXI(b)(iii) of the GATT 1994 Peter Van den Bossche1 and Sarah Akpofure2 Introduction Economic nationalism and anti-globalist unilateralism have been on the rise in recent years. The most obvious and consequential examples of this trend are the trade policy measures taken by the United States which undermine the rules-based multilateral trading system. Among these measures, one type stands out as being particularly troublesome, namely trade restrictive measures allegedly taken for the protection of national security. Other WTO Members have in recent years also taken trade restrictive measures which they sought or seek to justify on national security grounds. Whereas for 70 years, first GATT Contracting Parties and then WTO Members showed much self-restraint in invoking national security as a justification for trade restrictive measures, such self-restraint now seems a thing of the past. The invocation of the national security exception, in particular the national security exception under Article XXI of the General Agreement on Tariffs and Trade 1994, has proliferated. Against this background, this paper explores the nature and the scope of the national security exception under Article XXI, and examines the role the WTO, and in particular its dispute settlement system, can play in containing the abuse of this exception.3 National security exceptions in international trade agreements National security exceptions are a common provision in international trade agreements and for good reasons. -
Dispute Settlement in the World Trade Organization (WTO): an Overview
Dispute Settlement in the World Trade Organization (WTO): An Overview Daniel T. Shedd Legislative Attorney Brandon J. Murrill Legislative Attorney Jane M. Smith Legislative Attorney November 26, 2012 Congressional Research Service 7-5700 www.crs.gov RS20088 CRS Report for Congress Prepared for Members and Committees of Congress Dispute Settlement in the World Trade Organization (WTO): An Overview Summary The World Trade Organization (WTO) Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides a means for WTO Members to resolve disputes arising under WTO agreements. WTO Members must first attempt to settle their dispute through consultations, but if these fail the Member initiating the dispute may request that a panel examine and report on its complaint. The DSU provides for Appellate Body (AB) review of panel reports, panels to determine if a defending Member has complied with an adverse WTO decision by the established deadline in a case, and possible retaliation if the defending Member has failed to do so. Automatic establishment of panels, adoption of panel and appellate reports, and authorization of a Member’s request to retaliate, along with deadlines and improved multilateral oversight of compliance, are aimed at producing a more expeditious and effective system than had existed under the General Agreement on Tariffs and Trade (GATT). To date, 450 complaints have been filed under the DSU, with nearly one-half involving the United States as a complainant or defendant. The Office of the United States Trade Representative (USTR) represents the United States in WTO disputes. Use of the DSU has revealed procedural gaps, particularly in the compliance phase of a dispute. -
Understanding the WTO
The WTO Third edition Previously published as “Trading into the Future” Location: Geneva, Switzerland Written and published by the Established: 1 January 1995 World Trade Organization Information and Media Relations Division Created by: Uruguay Round negotiations (1986–94) © WTO 1995, 2000, 2001, 2003, 2005, 2007 Membership: 150 countries (since 11 January 2007) Budget: 175 million Swiss francs for 2006 An up-to-date version of this text also appears on the WTO website (http://www.wto.org, click on “the WTO”), where it is Secretariat staff: 635 regularly updated to reflect developments in the WTO. Head: Pascal Lamy (director-general) Contact the WTO Information Division rue de Lausanne 154, CH–1211 Genève 21, Switzerland Functions: Tel: (41–22) 739 5007/5190 • Fax: (41–22) 739 54 58 • Administering WTO trade agreements e-mail: [email protected] • Forum for trade negotiations Contact WTO Publications • Handling trade disputes rue de Lausanne 154, CH–1211 Genève 21, Switzerland • Monitoring national trade policies Tel: (41–22) 739 5208/5308 • Fax: (41–22) 739 5792 e-mail: [email protected] • Technical assistance and training for developing countries • Cooperation with other international organizations February 2007 — 6 000 copies Understanding the WTO 3rd edition Previously published as “Trading into the Future” September 2003, revised February 2007 ABBREVIATIONS Some of the abbreviations and acronyms used in the WTO: ITC International Trade Centre ITO International Trade Organization ACP African, Caribbean and Pacific Group MEA Multilateral -
Cosette D. Creamer & Zuzanna Godzimirska* the Transition From
DELIBERATIVE ENGAGEMENT WITHIN THE WORLD TRADE ORGANIZATION: A FUNCTIONAL SUBSTITUTE FOR AUTHORITATIVE INTERPRETATIONS Cosette D. Creamer & Zuzanna Godzimirska* ABSTRACT The transition from the General Agreement on Tariffs and Trade (GATT) dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO) represented a notable instance of judicialization within international economic governance. Since it began ruling on trade conflicts in 1995, the DSM has enjoyed significantly greater independence from direct government control than its GATT predecessors. It has also exercised a greater degree of interpretive autonomy than initially intended by WTO member governments (Members). This development largely stems from deadlock among Members and norms of consensus decision-making, which have thwarted use of one of the primary means of legislative response within the WTO: authoritative interpretations. Authoritative interpretations theoretically provide the WTO’s political bodies—the membership as a whole—with an opportunity to respond to interpretations or practices of its adjudicative bodies that are perceived to be at odds with governments’ intention, will, or preferences. Yet the current ineffective nature of authoritative interpretations creates a predicament not only for the WTO’s political organs. It also deprives the DSM of constructive normative guidance from its primary constituents: its Members. This article proposes a functional substitute for the mechanism of authoritative interpretations, namely increased input from Members (in the form of statements within meetings of the WTO Dispute Settlement Body) prior to adoption of the dispute settlement rulings. We argue that such an increase would better enable the DSM to consider the interpretive preferences of the WTO membership as a whole, thus enabling it to better fulfill its fiduciary duties and its responsibility of deliberative engagement with Members in particular.