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WTO Dispute Settlement System

Posted on:2014-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:K L MiFull Text:PDF
GTID:2246330398459851Subject:International Law
Abstract/Summary:PDF Full Text Request
The Settlement of disputes in the WTOThe Dispute Settlement Body of its WTO membership. Disputes between member states of the World Trade Organization (WTO) Agreement on mutual trade are discussed in the special unit-body for settling disputes.The Dispute Settlement Body is part of the principal organs of the WTO. Functions of the Dispute Settlement Body-General of the Council of the WTO, specifically intending to deal with disputes. At the same time, provided that the OPC has its own chairman and may establish its own rules of procedure.The Dispute Settlement Body is governed by the special act-Understanding on Rules and procedures for resolving disputes. This Arrangement is in Annex2of the Agreement Establishing the WTO in1994and, therefore, included in the package of WTO agreements-in WTO law.The arrangement, in turn, also has application.The Dispute Settlement Body solutions take precedence over domestic law of the WTO, which puts the "WTO law" over the domestic law of the member countries.Many experts predict that the the Dispute Settlement Body eventually develop into a full-fledged international trade court with its established procedures. Thereby initiated the formation of the block of procedural rules in international trade law. Either way, the WTO dispute settlement mechanism is presented as one of the regulators of the entire international trading system.In the the Dispute Settlement Body are not considered controversial individual WTO member states together or debate with individual states. However, it is clear that in the debates of the DSB is most often are the interests of individuals (primarily legal entities).In a certain sense, the State dispute settlement mechanism and procedures of the WTO-it is a procedural kind of state (diplomatic) to protect individuals.The story of the Dispute Settlement Body WTO is rooted in the practice developed and existed in the second half of the twentieth century.*Background of a Dispute Settlement Body WTO. The beginnings of a multilateral mechanism for the settlement of disputes in the international trading system were laid down in Articles XXII, XXIII of the General Agreement on Tariffs and Trade (GATT) in1947.The characteristic features of this mechanism consisted in the fact that it was used within the organization and wore a non-judicial in nature:subject to resolution of disputes through consultation and working (special) groups. Subsequently, the rules for resolving disputes under the GATT refined, concretized.Dispute settlement procedures provided for in the GATT (and could pass), so two stages:a) bilateral consultations (Article XXII of GATT);b) review of the working groups of experts later-special groups (or panels). These groups, which were created under the auspices of an international organization, and became a "new word" in the control of international disputes.
Keywords/Search Tags:settle (solve), rules and regulations, dispute, agency (mechanism)
PDF Full Text Request
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