Disputes settlement mechanisms Dissertation Example | Topics and Well Written Essays - 15750 words

Disputes settlement mechanisms - Dissertation ExampleThe World Trade Organisation (WTO) is authoritative in resolving international switch over disputes.This Research work deals with the various Trade Dispute Settlement mechanisms adopted at the international level and concentrates upon their contemporary status, with a special pore on the WTO mechanisms. The literature review analyses the effectiveness of the WTO swap dispute mechanism, in resolving international trade disputes. The main focus of this research pertains to the WTO dispute settlement mechanisms among nations. This sort of research is important in order to assess and analyse the various dispute settlement mechanisms available to segment nations, involved in disputes.The research approach adopted in this dissertation is the qualitative method. The findings from this research suggest that the dispute settlement mechanism of WTO is ineffective. The main conclusions bony from this work are power imbalance among memb ers and non binding nature of the decisions are some of the important reasons for ineffective dispute settlement mechanisms of WTO. The dispute resolve arranging is influenced by power imbalances between the disputants, and this requires to be corrected. A major drawback with this dispute resolution system is the protracted nature of the process. This causes untold damage to a maturation country engaged in litigation with a developed country. It would be in the fitness of things to reduce this time to a minimum. TABLE OF CONTENTS synopsis 1 Chapter 1 3 origin 3 Overview of the Dispute Settlement Understanding 10 Chapter II 17 Methodology 17 Introduction 17 Purpose of the Study 17 Research Questions 18 Statement of the Problem 18 Organisation of the Study 18 Research Methodology 19 Chapter terzetto 21 Literature Review 21 Case Law 52 Chapter IV 56 Discussion and Analysis 56 Chapter V 61 Conclusions and Recommendations 61 References 66 Books 66 Journal Articles 67 Case law 68 W ebsites 68 Other Sources 71 International Trade Disputes Settlement Mechanisms Chapter 1 Introduction The World Trade Organisation (WTO) plays an important role in global trade. It resolves trade disputes and constitutes a forum for international trade talkss. Further more, the WTO monitors international trade policies and regulates trade agreements between parties. Its secretariat is located in Geneva, Switzerland, and this organisation boasts of 153 nations as members, as on the 23rd of July 2008.1 WTO establishes a forum for trade related discussions and it supervises international trade policies and regulates trade agreements. Nearly a fourth of the disputes between the members of the WTO are settled by means of mediation and negotiation. In order to address situations, wherein mediation and negotiation prove to be futile, the WTO introduced the Dispute Settlement Mechanism.2 The Regional Trade Agreements (RTAs) play an important role in international trade. This mechanism invo lves less time and expenditure, in comparison to the dispute settlement mechanism of GATT. 3 This principle was established downstairs the Public International Law of the Charter of the United Nations.4 The RTAs do non permit a member to block the commencement of disputes, establishment of a panel or the adoption of a report by the panel. The drafters of the RTA had included the more important aspects of the WTOs Dispute Settlement Understanding. Although this dispute settlement mechanism had a number of advantages, the parties were found to be unwilling to resort to this mechanism. Instead, they resorted to the procedure under the WTO, as it adopted previous decisions under the concept of stare decisis. The precedence system ensures certainty in the decision making process, and there is no much(prenominal) practice under the RTA system. Thus, the disputing parties exhibit a greater willingness to approach the WTO forum rather than that of the RTA.5 The disputing parties would pr efer to have the option to appeal against the decision of the dispute resolution mechanism. This facility is not available under the RTA mechanism. In addition,