WTO Dispute Settlement Procedures - Dissertation Example

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The paper “WTO Dispute Settlement Procedures” aims to study the process of dispute resolution under the WTO, and will examine how the machinery has evolved over the years. It seeks to find reformatory processes within the WTO’s DSM to improve it in favor of the developing countries…
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Download file to see previous pages ed system, the facts are that is simply installed a complex legal system that is basically beyond the capabilities of developing nations to effectively use in terms of staffing and expertise. The realities of the WTO Dispute Settlement Understanding as brought forth in this study indicated that the organisation needs to review its process to provide a pooled legal staff to represent the interests of its emerging nations. This examination will bring forth information and examples to provide an understanding of the WTO dispute handing processes as a means to reveal the issues.   Table of Contents 1.0 Introduction 6 1.1 Background Summary 6 1.2 Problem Statement 7 1.3 Aims and Objectives 8 1.4 Significance of the Study 8 2.0 Literature Review 9 2.1 The World Trade Organisation – An Overview 9 2.1.1 Uruguay Round Additions 11 2.2 WTO Dispute Settlement Process 17 2.3 WTO Disputes Settlement and Developing Countries 22 2.4 WTO Dispute Settlement Study 36 2.5 Developing Country Investigations 42 3.0 Methodology 50 3.1 Framework 50 3.2 Research Strategy 51 3.3 Data Collection 52 3.4 Limitations 52 4.0 Findings and Analysis 53 4.1 Problem Statement 53 4.2 Aim 55 4.3 Objective 57 4.3.1 The various problems associated with the system while seeking resolutions and various reforms within the dispute resolution process to make it more suitable for the developing countries. 57 4.3.1 Examine the WTO dispute settlement process using examples of Gulf States in the Middle East as well as other developing countries in terms of equity and fairness. 59 5.0 Conclusion 64 References 67 Figures and Tables Figures Figure 1 – WTO Dispute Settlement System 19 Figure 2 - Value of world merchandise trade by region, 2000-2009 22 Figure 3 - Regional shares in world merchandise exports, 2000 and...
As developed and brought forth under the Introduction segment, the World Trade Organisation grew from the experiences, understandings and lessons learned under GATT. The preceding statement represents a sweeping broad generalisation in that within the processes of the WTO the settling of disputes represents a real as well as important part of the system. It is this area that has given rise to comments and issues that this study seeks to explore. The summary background pointed out that the prior weaknesses in terms of dispute settlement, was contained in its procedures that were not effective and were politically charged that clouded the justice process. Bello and Holmer (1994, p. 1096) add to the above by telling us that any nation, especially the one against which the complaint had been filed, could effectively delay or even block the dispute resolution process.

In understanding the context of this study, one needs to understand that the prior organisation had its flaws and areas that frustrated the developing nations. This situation is clearly a part of the history of the WTO and thus needs to be understood as a means to effectively examine the present Dispute Settlement Understanding. Factors that worked against GATT were that it did not operate as a formal institution, thus it lacked official procedures for making rules that were obligatory on all parties (Georgetown Law Library, 2009). ...Download file to see next pagesRead More
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