Case Study Of The Dsu In Operation - From Complaint To Resolution - Dissertation Example

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This dissertation sought to determine whether the WTO dispute settlement system as embodied in the Dispute Settlement Understanding or DSU is effective in ensuring a swift and equitable outcome in the resolutions of disputes, where such disputes are between developing countries on the side and developed countries on the other…
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Download file to see previous pages The study relies on primary qualitative data in the form case studies constructed out of selected resolved disputes by the Dispute Resolution Body, and primary quantitative data in the form of statistical profiles drawn from the summary reports of the WTO. In the analyses of the case studies and the statistical profiles, significance was drawn from the disputes between developing and developed countries, as either complainant or respondent, the success rates in the pursuit of these disputes for either side, and the agreements most often cited as bases of the disputes. These observations provided an insight into the manner of implementation of the DSU procedures, in so far as it affects the balance between developing and developed countries.
Aside from providing commentary on the implementation of the dispute settlement process, the study also examined the provisions of the DSU and the process as it was envisioned. The findings show that the DSU provisions manifested an intention to create a procedural advantage in favour of developing countries in the creation of a legal structure in dispute settlement, mandating reverse consensus, and setting of deadlines to expedite the process. Deficiencies are still seen, however, in terms of the cost of dispute settlement, the need for expert knowledge of procedure, lack of standards in setting the duration of reasonable time for compliance, and the perceived inadequacies of trade retaliation and other remedial measures.
Table of Contents Abstract 2 Table of Contents 3 1.1 Background of the research 5 1.2 Statement of the research objective 7 1.3 Research questions 7 1.4 Criteria for evaluation 8 1.5 Significance of the research objective 9 1.6 Scope and limitations 9 Chapter 2: History and background 11 2.1 International Trade Law 11 2.2 International Dispute Settlement 13 Chapter 3: Analysis of the WTO Dispute Settlement Procedures 15 3.1 The Dispute Settlement Procedure 15 3.2 Functioning of Dispute Settlement Body under WTO 19 3.3 Aim of the dispute settlement procedure 20 3.4 Commentary on the dispute settlement implementation 22 3.5 Examination of the application of Article 21.5 24 3.6 Effectiveness of trade retaliation measures: the inadequacy of remedies 27 3.7 Effectiveness of compensation measures 31 Chapter 4: Developing Countries and WTO dispute settlement procedure 36 4.1 Developing country defined 37 4.2 Uruguay Round reforms in favour of developing countries 38 4.3 Provisions that favour developing countries. 41 4.4 Issues in the implementation of DSU involving developing countries 43 4.5 Two case studies involving disputes between developing and developed countries 48 4.6 Profiles of disputes between developing and developed (industrialized) countries 52 4.7 Analysis of the foregoing data 63 4.8 Comparison between dispute resolution under the GATT and under WTO-DSU 66 Chapter 5: Summary and Conclusion 68 5.1 Summary of findings 68 5.2 Conclusion 74 5.3 Recommendations for future research 74 Bibliography 76 Appendix A 79 Summary Table of Cases and Results 79 Appendix B 86 Table of Cases with Determination of “Reasonable Period of Time” 86 Chapter 1: Introduction 1.1 Background of the research Globalization is probably one of the most contentious concepts in the present-day political-economic landscape.1 Both extolled and disparaged, global trade has both its merits and its pitfalls; whether one is in favour of it or not, however, is no longer the question, as most countries have committed to liberalized international trade by virtue of their accession as signatories to multilateral trade agreements that promote global trade and commerce. The question now is the manner in which global trade must be ...Download file to see next pagesRead More
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