Guest  

 
Search: 
Search By: SubjectAbstractAuthorTitleFull-Text

 

Showing 1 through 5 of 407 records.
Pages: Previous - 1 2 3 4 5 6 7 8 9 10 11 12 13 ... 82 - Next  Jump:
2012 - The Law and Society Association Words: 461 words || 
Info
1. Nedumpara, James. "The Construction of Indian Capacity for WTO and WTO Dispute Settlement" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI, Jun 03, 2012 <Not Available>. 2019-05-22 <http://citation.allacademic.com/meta/p559394_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Developing countries generally lacked human and institutional capacity for analyzing the compatibility of trade measures taken by themselves and by other WTO members. A few landmark cases were brought by the developing countries against powerful trading nations before the WTO dispute settlement body in its early days, but the lack of adequate trade-related capacity made their participation less effective. India’s experience in overcoming some of these legal and institutional shortcomings in the matter of WTO dispute settlement is an interesting case study. India lost a few important cases such as the Mail Box (India-Patents) and the Balance of Payments (India-QR) in the decade of the late nineties, the political overtones of which were felt for a long time. India relied far too often on outside legal expertise for defending its interests in WTO dispute settlement and the cost involved in hiring external resources was often highlighted by the opponents of trade and economic liberalization in India to argue as to why India should be wary of the multilateral trade body and the numerous trade agreements it administered. Times have changed. India is now in a position to engage its own domestic lawyers and law firms in WTO dispute settlement. The paper examines the measures taken by India, including the role of the government, private sector and intergovernmental organizations in building legal capacity in India in WTO dispute settlement during the last few years. The factors which have brought about this transformation may be quite a few: the emergence of India as a strong and powerful influence in international trade negotiations, India’s frequent use of trade remedy instruments and the consequent exposure of legal practitioners and consultants to complex international trade disputes and methods of adjudication, the ability of the emerging private sector firms to explore market access potential in third country markets and the strengthening of the legal and institutional capacity across manufacturing and service sectors in India. The recent WTO cases involving India also demonstrate a bottom up approach of stakeholder participation where the Government’s role is more of a handmaiden to meeting stakeholder demands. The paper also analyses, the mechanism available in India in identifying and challenging putative WTO inconsistent measures compares with the system available in some of the developed countries and other key developing countries. The paper draws the conclusion that it will be a challenge for India to keep alive the interest the WTO and its dispute settlement process have generated over the years. There is already an indication that the interest in WTO-related issues is slowly diminishing. The paper highlights the need to nourish and sustain this capacity that has already been built when the times turn less interesting and WTO no longer commands the same attention it once enjoyed.

2011 - The Law and Society Association Words: 441 words || 
Info
2. Nedumpara, James. "The Construction of Indian Capacity for WTO and WTO Dispute Settlement" Paper presented at the annual meeting of the The Law and Society Association, Westin St. Francis Hotel, San Francisco, CA, May 30, 2011 <Not Available>. 2019-05-22 <http://citation.allacademic.com/meta/p496888_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Developing countries generally lacked human and institutional capacity for analyzing the compatibility of trade measures taken by themselves and by other WTO members. A few landmark cases were brought by the developing countries against powerful trading nations before the WTO dispute settlement body in its early days, but the lack of adequate trade-related capacity made their participation less effective. The experience of India in overcoming some of these legal and institutional shortcomings in the matter of WTO/international trade dispute settlement is an interesting case study. India lost a few important cases such as the Mail Box (India-Patents) and the Balance of Payments (India-QR) in the decade of the late nineties, the political overtones of which were felt for a long time. India relied far too often on outside legal expertise for defending its interests in WTO dispute settlement and the cost involved in hiring external resources were often highlighted by the opponents of trade and economic liberalization in India to argue as to why India should be wary of the multilateral trade body and the numerous trade agreements it administered. Times have changed. India is now in a position to engage its own domestic lawyers and law firms in WTO dispute settlement. The paper examines the measures taken by India, including the role of the government, private sector and intergovernmental organizations in building legal capacity in India in the matter of WTO dispute settlement during the last few years. The study also analyses the role of the most commonly cited factors which are attributed to have brought about this change, viz., the emergence of India as a strong and powerful influence in international trade negotiations, the rise of India as one of the leading users of trade remedy instruments and the consequent exposure of legal practitioners and consultants to complex international trade disputes and methods of adjudication, the ability of the burgeoning private sector firms to explore market access potential in third country markets and the strengthening of the legal and institutional capacity across sectors in India. The paper also analyses as to how the mechanism available in India in identifying and challenging putative WTO inconsistent measures compares with the system available in some of the developed countries and other significant developing countries. There is also a view that the challenge for India will be to keep alive the interest the WTO and its dispute settlement process have generated over the years. The paper highlights the need to nourish and sustain this capacity that has already been built when the times turn less interesting and WTO no longer commands the same attention it once enjoyed.

2005 - International Studies Association Words: 167 words || 
Info
3. "Weak States in the WTO. Comparing the Performance of the EU and the US in WTO Dispute Settlement" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii, Mar 05, 2005 <Not Available>. 2019-05-22 <http://citation.allacademic.com/meta/p71702_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The paper advances the literature on Europe as a foreign economic actor by comparing its performance to that of the USA. It responds to concerns that the European multi-level decision-making structures are a major obstacle for an efficient conduct of international trade governance. In order to do so, it conducts a quantitative analysis of WTO data on trade disputes and concludes with a cautiously optimistic picture. The EU's strength lies in its overall orientation towards free trade and its legal mechanisms, which are an effective means against the establishment of a fortress Europe. At the same time, however, those very same institutional mechanisms make the EU inflexible when it comes to adapting its legislation to international legal provisions that are opposed by either a blocking minority of member states or well vested interests. On balance, in terms of its readiness to comply with international trade law, the EU looks like a basically inward-looking, but nevertheless constructive building block on the road towards a liberal international trade order.

2005 - The Midwest Political Science Association Words: 36 words || 
Info
4. Moon, Don. "Dispute Settlement (DS) Strategies in the WTO System: Comparison between the GATT period and WTO period" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 07, 2005 <Not Available>. 2019-05-22 <http://citation.allacademic.com/meta/p84819_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper examines various strategies commanded under the WTO DS system. Because of the strong legal characteristics of the WTO DS system, states' optimal strategies has changed considerably as compared with those under the GATT system.

2011 - International Studies Association Annual Conference "Global Governance: Political Authority in Transition" Words: 192 words || 
Info
5. Hofmann, Tobias. and Kim, Soo Yeon. "Does Trade Comply with WTO Rulings? The Economic Effectiveness of WTO’s Dispute Settlement" Paper presented at the annual meeting of the International Studies Association Annual Conference "Global Governance: Political Authority in Transition", Le Centre Sheraton Montreal Hotel, MONTREAL, QUEBEC, CANADA, Mar 16, 2011 <Not Available>. 2019-05-22 <http://citation.allacademic.com/meta/p502249_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper addresses the economic impact of the World Trade Organization’s dispute settlement process. It analyzes the degree to which the settlement of a dispute leads to the restoration of trade between the formerly disputing parties and between respondent and third parties. Building on a previous paper that addressed the lack of theoretical and empirical research on what happens after disputes are arbitrated through panel/Appellate Body rulings, this paper examines the economic effects of compliance. We analyze whether WTO dispute rulings lead to trade liberalization that is consistent with the rules of the regime and that can be observed in actual trade flows. Deriving hypotheses from existing ‘trade creation vs. diversion’ and endogenous trade policy models, we empirically test our theoretical arguments using an original data set that covers more than 100 WTO disputes and the time period 1995-2008. Comparing the changes in trade flows pre- to post-compliance with panel/Appellate Body report recommendations, we examine how a broad range of factors, including dispute-level variables and the domestic politics of the disputing parties, condition the effects of panel/Appellate Body rulings on trade and assess the institutional effectiveness of the WTO’s dispute settlement mechanism.

Pages: Previous - 1 2 3 4 5 6 7 8 9 10 11 12 13 ... 82 - Next  Jump:

©2019 All Academic, Inc.   |   All Academic Privacy Policy