WorldWideScience

Sample records for wto dispute settlement

  1. FEATURES OF WTO DISPUTE SETTLEMENT. THE STANDING OF THE EU

    Directory of Open Access Journals (Sweden)

    Costin Horia Rogoveanu

    2010-09-01

    Full Text Available The WTO has an innovative system of dispute settlement, with the following features: sui-generis, integrated, resolving the disputes according to the WTO agreements, excluding unilateral solutions, interstate system. These features are detailed in the present article. Another level of analysis concerns the standing of the EU in the WTO, in general, and in the Geneva proceedings for dispute settlement, in particular. Generated by the quality of the European Communities statute as an original member of the Organisation, the EU has become one of the main users of the WTO dispute settlement system. One of the main challenges of the WTO dispute settlement mechanism is the implementation of decisions. In view of the cases assessed, while the execution record of the EU is a quite satisfactory one, it is apparent that implementation of decisions in more intricate cases creates difficulties at the Union level.

  2. Transparency and public participation in WTO dispute settlement

    NARCIS (Netherlands)

    Ahlborn, C.S.; Pfitzer, J.H.

    2009-01-01

    In order to offer a comprehensive analysis of transparency and public participation in the WTO dispute settlement system, this memorandum first considers the current participatory practice throughout the various steps of the dispute settlement process. Secondly, the current state of the DSU

  3. 77 FR 76165 - WTO Dispute Settlement Proceeding Regarding Argentina-Measures Affecting the Importation of Goods

    Science.gov (United States)

    2012-12-26

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS444] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... after the United States submits or receives a request for the establishment of a WTO dispute settlement...

  4. 77 FR 23539 - WTO Dispute Settlement Proceeding Regarding European Communities and Certain Member States...

    Science.gov (United States)

    2012-04-19

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS316] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that it...

  5. The challenge of reforming the WTO dispute settlement understanding

    OpenAIRE

    Hauser, Heinz; Zimmermann, Thomas A.

    2003-01-01

    Die im Mai 2003 abgelaufene Frist für den Abschluss der Verhandlungen über Verbesserungen und Klarstellungen zum WTO-Übereinkommen über dei Streitschlichtung (Dispute Settlement Understanding; DSU) unter dem Doha-Mandat wurde verfehlt. Die WTO-Mitglieder einigten sich jedoch im Juli 2003 auf eine Verlängerung des Verhandlungsmandates bis Ende Mai 2004. Der vorliegende Beitrag fasst die Verhandlungen zur Überprüfung des Streitschlichtungsverfahrens ("DSU review") kurz zusammen. Die Hauptstreit...

  6. 76 FR 52045 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Diamond...

    Science.gov (United States)

    2011-08-19

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning anti-dumping measures... of the World Trade Organization, http://www.wto.org . Comments open to public inspection may be... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...

  7. 77 FR 33015 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    Science.gov (United States)

    2012-06-04

    ... Establishing the World Trade Organization (``WTO Agreement'') with the Government of India (``India... Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...

  8. 78 FR 12414 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Importation of...

    Science.gov (United States)

    2013-02-22

    ... Agreement Establishing the World Trade Organization (AWTO [email protected]). That request may be found at www.wto... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS447] WTO Dispute Settlement...

  9. 78 FR 58378 - WTO Dispute Settlement Proceeding Regarding Anti-Dumping and Countervailing Measures on Large...

    Science.gov (United States)

    2013-09-23

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping and [[Page... available on the Web site of the World Trade Organization, at www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS464] WTO Dispute Settlement...

  10. 77 FR 2119 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duty Measures...

    Science.gov (United States)

    2012-01-13

    ... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the People's Republic... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS427] WTO Dispute Settlement...

  11. 78 FR 27279 - WTO Dispute Settlement Proceeding Regarding Indonesia-Importation of Horticultural Products...

    Science.gov (United States)

    2013-05-09

    ... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS455] WTO Dispute Settlement...

  12. 77 FR 18296 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    Science.gov (United States)

    2012-03-27

    ... Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures prohibitions... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...

  13. 77 FR 61818 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Duties...

    Science.gov (United States)

    2012-10-11

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS440] WTO Dispute Settlement... under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the... certain automobiles from the United States. That request may be found at www.wto.org in a document...

  14. 77 FR 19745 - WTO Dispute Settlement Proceeding Regarding United States; Anti-Dumping Measures on Certain...

    Science.gov (United States)

    2012-04-02

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement..., regulations, administrative procedures, practices, and methodologies. That request may be found at www.wto.org... notice that consultations have been requested pursuant to the WTO Understanding on Rules and Procedures...

  15. 77 FR 46788 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duties on...

    Science.gov (United States)

    2012-08-06

    ... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning China... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... TRADE REPRESENTATIVE [Dispute No. WT/DS440/1] WTO Dispute Settlement Proceeding Regarding China...

  16. 77 FR 53959 - WTO Dispute Settlement Proceeding Regarding Argentina-Measures Affecting the Importation of Goods

    Science.gov (United States)

    2012-09-04

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS444] WTO Dispute Settlement...

  17. 76 FR 11553 - WTO Dispute Settlement Proceeding Regarding United States-Anti Dumping Measures on Corrosion...

    Science.gov (United States)

    2011-03-02

    ... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping... World Trade Organization, http://www.wto.org . Comments open to public inspection may be viewed on the... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS420] WTO Dispute Settlement...

  18. 75 FR 1110 - WTO Dispute Settlement Proceeding Regarding United States-Certain Measures Affecting Imports of...

    Science.gov (United States)

    2010-01-08

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS399] WTO Dispute Settlement... Organization (``WTO Agreement'') concerning certain measures affecting imports of certain passenger vehicle and light truck tires from China. The request may be found at http://www.wto.org in document WT/DS399/2...

  19. 75 FR 23318 - WTO Dispute Settlement Proceeding Regarding Philippines-Taxes on Distilled Spirits

    Science.gov (United States)

    2010-05-03

    ... of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization... established by the World Trade Organization (``WTO'') Dispute Settlement Body on April 20, 2010. USTR invites... available on the Web site of the World Trade Organization, http://www.wto.org . Comments will be placed in...

  20. 77 FR 44706 - WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare...

    Science.gov (United States)

    2012-07-30

    ... Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www.wto.org... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS431] WTO Dispute Settlement...

  1. 76 FR 12400 - WTO Dispute Settlement Proceeding Regarding China-Countervailing and Anti-Dumping Duties on Grain...

    Science.gov (United States)

    2011-03-07

    ... settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... on the Web site of the World Trade Organization, http://www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS414] WTO Dispute Settlement...

  2. 75 FR 82130 - WTO Dispute Settlement Proceeding Regarding China-Subsidies on Wind Power Equipment

    Science.gov (United States)

    2010-12-29

    ... World Trade Organization (``WTO Agreement''), the United States requested consultations regarding... Trade Organization, http://www.wto.org . Bradford Ward, Deputy General Counsel. [FR Doc. 2010-32868... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China...

  3. 78 FR 11725 - WTO Dispute Settlement Proceeding Regarding Indonesia Importation of Horticultural Products...

    Science.gov (United States)

    2013-02-19

    ... (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... report of the Appellate Body, will also be available on the Web site of the World Trade Organization at... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS455] WTO Dispute Settlement...

  4. AN ANALYSIS OF THE ROLE OF ECONOMIC ACTORS IN THE WTO DISPUTE SETTLEMENT SYSTEM: LEGAL OR POLITICAL ISSUE?

    Directory of Open Access Journals (Sweden)

    Intan Soeparna

    2015-10-01

    Full Text Available Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views

  5. Dispute settlement process under GATT/WTO diplomatic or judicial ...

    African Journals Online (AJOL)

    This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation (WTO) and the General Agreement on Tariff and Trade (GATT). It tries to analyse the evolution of the dispute process which was initially based on diplomatic procedures and gives an account of its evolution and ...

  6. 76 FR 68809 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2011-11-07

    ... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...

  7. 78 FR 16754 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2013-03-18

    ... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement...

  8. 76 FR 17985 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Frozen...

    Science.gov (United States)

    2011-03-31

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures regarding certain frozen warmwater shrimp from China. That request may be found at http://www.wto...

  9. 75 FR 20670 - WTO Dispute Settlement Proceeding Regarding United States-Use of Zeroing in Anti-Dumping Measures...

    Science.gov (United States)

    2010-04-20

    ... settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... of the World Trade Organization, http://www.wto.org . Comments will be placed in the docket and open... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS402] WTO Dispute Settlement...

  10. 75 FR 62624 - WTO Dispute Settlement Proceeding Regarding United States-Final Antidumping Measures on Stainless...

    Science.gov (United States)

    2010-10-12

    ... request by Mexico under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), the Dispute Settlement Body of the World Trade Organization (``WTO'') has referred a matter concerning... report of the Appellate Body, will be available on the Web site of the World Trade Organization, http...

  11. 77 FR 20476 - WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare...

    Science.gov (United States)

    2012-04-04

    ..., 2012, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO... World Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS431] WTO Dispute Settlement...

  12. 75 FR 8177 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2010-02-23

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS404] WTO Dispute Settlement... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a number of....wto.org contained in a document designated as WT/DS404/1. USTR invites written comments from the...

  13. 75 FR 32533 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2010-06-08

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS404] WTO Dispute Settlement... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a... found at www.wto.org contained in a document designated as WT/DS404/5. USTR invites written comments...

  14. (De)Legitimation at the WTO Dispute Settlement Mechanism

    DEFF Research Database (Denmark)

    Creamer, Cosette; Godzimirska, Zuzanna

    2016-01-01

    Similar to many types of legal institutions, international courts employ a wide variety of legitimation strategies in order to establish and maintain a sound basis of support among their constituents. Existing studies on the legitimacy or legitimating efforts of the World Trade Organization's (WTO...

  15. Dispute Settlement in the World Trade Organization (WTO): An Overview

    Science.gov (United States)

    2010-04-08

    given date, is prima facie inconsistent with Article 23 because in some cases it mandates a USTR determination—and statutorily reserves a right for...threat of violative determinations and consequently the prima facie inconsistency was removed because of U.S. undertakings, as set forth in the Uruguay...procedure for withdrawing trade sanctions imposed by a complaining Member where the defending Member believes it has fulfilled its WTO obligations . As a

  16. 75 FR 27614 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Production and...

    Science.gov (United States)

    2010-05-17

    ... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') regarding a provision of... of the World Trade Organization, http://www.wto.org . Comments will be placed in the docket and open... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2010-0013] WTO Dispute...

  17. 75 FR 50033 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Production and...

    Science.gov (United States)

    2010-08-16

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2010-0013] WTO Dispute... Organization (``WTO Agreement'') regarding a provision of the Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-31). That request may be found at http://www.wto.org in a document designated as WT/DS406...

  18. Legalisation and privatisation in global governance: the case of WTO dispute settlement

    DEFF Research Database (Denmark)

    Strange, Michael Stewart

    . In this paper, emphasis is placed on the dual operation of legalisation and privatisation as particular logics which both help define which ideas become constitutive of global governance. Legalisation and privatisation – as two particularly dominant logics for conducting global governance – are important, since...... they help frame the type of governance embodied within contemporary International Organisations. . To understand what role these logics play, the paper will outline the logics of legalisation and privatisation in global governance and exemplify with the case of the WTO dispute settlement process. However......, first it is important to consider how governance at the global level is made possible – that is where the authority resides – in order to appreciate the way the logics of legalisation and privatisation shape this form of governance....

  19. 77 FR 73732 - WTO Dispute Settlement Proceeding Regarding United States ; Countervailing and Anti-Dumping...

    Science.gov (United States)

    2012-12-11

    ... States ; Countervailing and Anti-Dumping Measures on Certain Products From China AGENCY: Office of the... Republic of China (``China'') requested the establishment of a dispute settlement panel with the United... to nonmarket economy countries, and for other purposes'' (``Pub. L. 112-99''), and the countervailing...

  20. WTO Dispute Settlement: Status of U.S. Compliance in Pending Cases

    Science.gov (United States)

    2010-01-29

    have rejected Charming Betsy arguments and (...continued) Jane A. Restani & Ira Bloom ...complaints were filed: DS217, filed jointly by Australia, Brazil, Chile , the European Union (EU), India, Indonesia, Japan, Korea and Thailand, and DS234...Members—Brazil, Chile , EU, India, Japan, Korea, Canada, and Mexico—asked the WTO in January 2004 for authorization to impose retaliatory measures.93

  1. 77 FR 49477 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Measures on Certain Hot...

    Science.gov (United States)

    2012-08-16

    ... Proceeding Regarding United States-- Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products... certain hot-rolled carbon steel flat products from India. That request may be found at www.wto.org... countervailing measures regarding certain hot-rolled carbon steel flat products from India (Investigation C-533...

  2. 77 FR 26600 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Measures on Certain Hot...

    Science.gov (United States)

    2012-05-04

    ... Proceeding Regarding United States-- Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products... certain hot-rolled carbon steel flat products from India. That request may be found at www.wto.org... requested consultations concerning countervailing measures regarding certain hot-rolled carbon steel flat...

  3. 75 FR 60161 - WTO Dispute Settlement Proceeding Regarding China-Countervailing and Antidumping Duties on Grain...

    Science.gov (United States)

    2010-09-29

    ... Proceeding Regarding China--Countervailing and Antidumping Duties on Grain Oriented Flat-Rolled Electrical... States of grain oriented flat-rolled electrical steel. That request may be found at http://www.wto.org... countervailing and antidumping duties on grain oriented flat-rolled electrical steel (``GOES'') exported from the...

  4. 77 FR 63917 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting the Automobile and...

    Science.gov (United States)

    2012-10-17

    ... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain... Medium- and Long-Term Science and Technology Development Plan (2006-2020); Circular of the General Office... Government of Zhejiang Province on Promoting the Stable and Healthy Development of Province-Wide Foreign...

  5. developing countries and the wto dispute resolution system

    African Journals Online (AJOL)

    OLAWUYI

    outstanding outcomes of the Uruguay round.2 WTO principles are largely based on the ..... In practice it is the preference giving country. (usually a ... Prominent amongst them are; Pakistan, Hong Kong, Malaysia and South ..... 89 World Trade Organization – Dispute Settlement: Dispute DS308 'Mexico – Tax Measures on.

  6. Dispute resolution in NAFTA and the WTO: a useful guide for SADC ...

    African Journals Online (AJOL)

    In the process of developing, structuring and formalising the mechanism for settlement of trade disputes in the SADC region, the system for the settlement of disputes in both NAFTA and the WTO can serve as a useful guide for SADC and even more so for the African Union. The swift, fair and just settlement of especially ...

  7. African Countries and WTO´s Dispute Settlement Mechanism

    DEFF Research Database (Denmark)

    Alavi, Amin

    2007-01-01

    The WTO Dispute Settlement Mechanism was designed, inter alia, to secure the 'rule of law' within international trade and provide all members with opportunities to exercise their rights under multilateral trade agreements. But, after ten years, no sub-Saharan African country has yet used the option...... to initiate a dispute. This article examines what prevents the WTO Africa Group from using the system and critically reviews the solutions they have proposed to remedy this. It concludes by discussing how this reflects broader problems concerning African participation in WTO, and puts forward some alternative...

  8. World Trade Organization: U.S. Experience in Dispute Settlement System: The First Five Years

    National Research Council Canada - National Science Library

    2000-01-01

    ... of multilateral trade rules. In addition, the Uruguay Round agreements established a new dispute settlement system, replacing that under the General Agreement on Tariffs and Trade, the predecessor to the WTO...

  9. Solución de disputas en la OMC: un análisis a partir de la sociología de Pierre Bourdieu WTO dispute settlement: a sociolegal analysis from the Pierre Bourdieu's perspective

    Directory of Open Access Journals (Sweden)

    José Augusto Fontoura Costa

    2011-06-01

    Full Text Available El sistema de arreglo de disputas de la OME es muy estudiado y produce literatura muy divulgada. Sin embargo, hay pocos estudios empíricos sobre los perfiles de miembros de grupos especiales y del órgano de Apelación y, asimismo, su influencia en la articulación de un campo jurídico internacional al derredor de los órganos de arreglo de disputas. Ese estudio tiene el objetivo hacer disponibles algunas informaciones y analizarlas bajo la luz de algunos conceptos de la sociología de Pierre Bourdieu, en particular da de campo jurídico y de habitus, para comprender como se produce la jurificación internacional. Los resultados indican similitudes entre el campo jurídico de la omc y los campos jurídicos estatales.The WTO's dispute settlement system is a much studied subject and the literature thereon is widespread. Nevertheless, there are few empirical studies on panelists' and Appellate Body members' profiles as well as their influence on the articulation of an international legal field around the dispute resolution organizations. This study aims to make available some information on these profiles and analyze them under the light of some concepts of Pierre Bourdieu's sociology, mainly the legal field and the development of social habitus, in order to understand how international legalization of the trade law takes place. The results point out the similarities between the WTO's legal field and the state legal fields.

  10. Disputas comerciais e magnanimidade: um estudo do mecanismo de solução de controvérsias da Organização Mundial de Comércio à luz da teoria dos movimentos Magnanimity and WTO disputes: an examination of early settlement in trade disputes using theory of moves

    Directory of Open Access Journals (Sweden)

    Cristiane de Andrade Lucena Carneiro

    2008-01-01

    Full Text Available Por que disputas comerciais no âmbito da Organização Mundial de Comércio (OMC são decididas predominantemente de forma amigável, não obstante a existência de um sofisticado mecanismo quasi-adjudicatório para a resolução dessas controvérsias? Como explicar a preferência da parte que inicia uma disputa pela solução amigável, quando se sabe que a OMC, em média, decide 64% dos casos a favor do iniciante? Este artigo analisa padrões de solução de controvérsias no sistema do Acordo Geral de Tarifas e Comércio e da Organização Mundial de Comércio (GATT/OMC, por meio da teoria dos movimentos (BRAMS, 1994, com o propósito de estudar as escolhas estratégicas disponíveis para as partes. Propõe-se que, no sistema do GATT/OMC, as partes em uma disputa comercial agem de forma magnânima quando abrem mão do melhor resultado em um jogo. Esta ação é racional porque ela oferece à parte demandada maiores chances de se alcançar uma solução amigável da disputa. Esse comportamento não encontra explicação satisfatória no conceito de equilíbrio míope da teoria dos jogos tradicional. Em contrapartida, a teoria dos movimentos incorpora a noção de equilíbrio não-míope ao seu modelo de tomada de decisões. Este artigo explica o comportamento não-míope e racional dos jogadores quando estes buscam o segundo melhor resultado no jogo. Três disputas comerciais ilustram a análise e caracterizam situações em que: (i a solução amigável advém do comportamento magnânimo; (ii a solução amigável ocorre a despeito do comportamento magnânimo; e (iii não há solução amigável.Why most trade disputes in the World Trade Organization (WTO end in a friendly settlement, despite the existence of a sophisticated dispute settlement mechanism? How can we explain the complainant's preference for a friendly settlement when we know that the WTO decides 64% of the cases in favor of the complainant? In this article I discuss patterns

  11. SETTLEMENT OF BANKING DISPUTE IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Denico Doly

    2014-03-01

    Full Text Available This article talks about dispute between costumer and the bank. Settlement of disputes should be resolved by the principle of fast, accurate and cheap. Issues raised in this paper is how an ideal dispute resolution process to resolve dispute banking. This paper describes the advantages and disadvantages in any dispute resolution process both through litigation and non litigation. Based in the principles of fast, accurate and cheap it is explained that banks in Indonesia must resolve their disputes through non litigation or ADR. Tulisan ini membicarakan mengenai penyelesaian sengketa antara nasabah dengan bank. Penyelesaian sengketa harusnya diselesaikan dengan prinsip cepat, tepat dan murah. Permasalahan yang diangkat dalam tulisan ini yaitu bagaimana proses penyelesaian sengketa yang ideal dalam menyelesaikan sengketa perbankan. Tulisan ini menggambarkan mengenai kelebihan dan kekurangan dalam setiap proses penyelesaian sengketa baik melalui jalur litigasi maupun non litigasi. Berdasarkan prinsip cepat, tepat dan murah maka dipaparkan bahwa perbankan di Indonesia harus menyelesaikan sengketanya melalui jalur non litigasi atau ADR.

  12. 29 CFR 1603.108 - Settlement and alternative dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Settlement and alternative dispute resolution. 1603.108... Settlement and alternative dispute resolution. (a) The parties are at all times free to settle all or part of... a neutral mediator or to any other alternative dispute resolution process authorized by the...

  13. Litigation and the Timing of Settlement: Evidence from Commercial Disputes

    OpenAIRE

    Peter Grajzl; Katarina Zajc

    2015-01-01

    Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...

  14. Conciliation as the traditional method of disputes settlement in PRC

    Directory of Open Access Journals (Sweden)

    Svetlana F. Litvinova

    2011-12-01

    Full Text Available The author of the article researches one of the peculiarities of civil disputes settlement in China. This peculiarity is the conciliatory method that is used during disputes settlement. The using of the method is based on Confucianism. The content of the method has been viewed in the article.

  15. 61 Traditional Settlement of Dispute amongst Ikwerre Ethnic ...

    African Journals Online (AJOL)

    First Lady

    2013-01-28

    Jan 28, 2013 ... Ogoloma, Fineface I. - Institute of Foundation Studies (IFS), Rivers. State University .... There are many case studies that emphasize Traditional Dispute Settlement in ..... Religion and Social Conflict Management (The case of.

  16. Settlement of Tax Disputes in the Russian Federation and Germany

    OpenAIRE

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

    This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority tha...

  17. 10 CFR 2.338 - Settlement of issues; alternative dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Settlement of issues; alternative dispute resolution. 2... alternative dispute resolution under paragraph (b) of this section. (b) Settlement judge; alternative dispute... alternative dispute resolution as the Commission may provide or to which the parties may agree. The order...

  18. Problems of litigation in settlement of maritime disputes for Nigeria ...

    African Journals Online (AJOL)

    This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...

  19. Settlement of Tax Disputes in the Russian Federation and Germany

    Directory of Open Access Journals (Sweden)

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

    Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

  20. A View on Future Roles of The WTO: Should There be More Soft Law in The WTO

    OpenAIRE

    Mitsuo Matsushita

    2014-01-01

    It has been more than ten years since the Doha Development Agenda (DDA) was initiated and there has been little significant progress in negotiations. Is the World Trade Organization (WTO) losing its relevance in the governance of the international trade order? The writer argues that, despite this pessimistic picture, there will be roles of the WTO in building a new international trade system. Although the WTO has accomplished a tremendous success in the dispute settlement area, it has failed ...

  1. Caspian energy and legal disputes: prospects for settlement

    Energy Technology Data Exchange (ETDEWEB)

    Ogutcu, Mehmet

    2003-07-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  2. Caspian energy and legal disputes: prospects for settlement

    International Nuclear Information System (INIS)

    Ogutcu, Mehmet

    2003-01-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  3. Tvistbilæggelse i WTO

    DEFF Research Database (Denmark)

    Alavi, Amin

    2004-01-01

    Etablering af en Dispute Settlement Mechanism (DSM) til bilæggelse af tvister mellem WTOs medlemmer er et vigtigt element i WTO, og et element der er unikt i forbindelse med internationale organisationer. Artiklen præsenterer først strukturen af DSM og analyserer dernæst erfaringerne med brugen af...

  4. Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals

    NARCIS (Netherlands)

    Schill, S.W.; Griller, S.; Obwexer, W.; Vranes, E.

    2017-01-01

    This chapter analyses the inter-state and investor-state dispute settlement disciplines included in mega-regionals, focusing on the Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement assumes a pivotal role in trade and investment

  5. THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Intan Innayatun Soeparna

    2008-10-01

    Full Text Available World Trade Organization (WTO dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU, if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR, International Covenant on Civil and Political Rights (ICCPR, and the International Covenant on Economic, Social and Cultural Rights (ICESCR. This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

  6. Which Antidumping Cases Reach the WTO?

    DEFF Research Database (Denmark)

    Kokko, Ari; Tingvall, Patrik Gustavsson; Videnord, Josefin

    the different levels of disputes, as cases proceed from notifications to requests for consultations and third party adjudication at the WTO. The US is the main user of AD measures, as well as the main target for complaints at the WTO’s Dispute Settlement Body. However, emerging markets have increasingly started...... using AD law to protect their domestic firms. We find that the typical AD notification is submitted by an upper middle-income country, and it focuses on a medium low-technology industry with differentiated products, but low relationship-specificity. The most typical complainant at the WTO is also...

  7. Dispute settlement in international space law : a multi-door courthouse for outer space

    NARCIS (Netherlands)

    Goh, Gérardine Meishan

    2007-01-01

    The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a

  8. Canada-renewable energy : Implications for WTO law on green and not-so-green subsidies

    NARCIS (Netherlands)

    Charnovitz, Steve; Fischer, Carolyn

    2015-01-01

    In the first dispute on renewable energy to come to WTO dispute settlement, the domestic content requirement of Ontario's feed-in tariff was challenged as a discriminatory investment-related measure and as a prohibited import substitution subsidy. The Panel and Appellate Body agreed that Canada was

  9. Study on Investor-State Dispute Settlement (‘ISDS’) and Alternatives of Dispute Resolution in International Investment Law

    DEFF Research Database (Denmark)

    Hindelang, Steffen

    aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...

  10. 41 | Page SPECIAL AND DIFFERENTIAL TREATMENT IN THE WTO ...

    African Journals Online (AJOL)

    Fr. Ikenga

    For the running of this mammoth system, the WTO initiates numerous trade agreements relating to goods, services, intellectual properties, civil aircraft, ..... seeking both to protect and preserve the environment and to enhance the means for doing so in ..... damaged countries and dispute settlement, are the formal control.

  11. Investor-State Dispute Settlement Mechanism: The Quest for a Workable Roadmap

    Directory of Open Access Journals (Sweden)

    Sachet Singh

    2013-01-01

    Full Text Available The last decade has witnessed an unprecedented increase in the use of investor-State arbitration, highlighting numerous shortcomings of the existing investor-State dispute settlement system. The legitimacy of the International Investment regime has been under severe criticism due to the growing discontent amongst the investors as well as the host States. The increased litigation has led to both the process and the outcome being questioned and has undermined the growth of harmonious relationships between foreign investors and host States. The object of this paper is to explore a workable roadmap for the investor-State dispute settlement mechanism by tracing the evolution of the existing system and by analysing the dispute settlement mechanism in major international investment agreements. Furthermore, it highlights the causes and the possible consequences of the denunciation of Bilateral Investment Treaties ('BITs' and the International Centre for Settlement of Investment Disputes ('ICSID' by host nations, which have been plagued by a myriad of investment suits. The authors suggest the need for doing away with highly protective investor-State dispute settlement mechanisms ('ISDSMs' in future investment agreements and recommend the need for designing an appellate mechanism for bringing consistency and predictability to the system.

  12. WTO: US and Argentina settle dispute over patents and data protection.

    Science.gov (United States)

    Elliott, Richard

    2002-12-01

    In May 2000, supplementing an earlier complaint filed in May 1999, the US filed a complaint against Argentina, alleging that its patent laws violate the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property (the TRIPS Agreement). The gist of the US complaint was that Argentina's law failed to provide: (1) adequate protection against "unfair" commercial use of undisclosed test data submitted in order to get market approval of pharmaceutical products; (2) certain safeguards for compulsory licences on an invention granted on the basis of inadequate working by the patent holder; and (3) adequate measures to prevent infringements of patent rights. The US also alleged that Argentina denies certain exclusive rights of patent holders, such as the exclusive right to import the patented product into the country. At the end of May 2002, the US and Argentina notified the WTO that they had reached a "mutually agreed solution," without prejudice to their respective rights and obligations under WTO agreements, and the US has withdrawn its complaint.

  13. Understanding the Characteristics of Dispute Settlement in Sharia Economic System

    OpenAIRE

    M. Arfin Hamid

    2017-01-01

    One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or...

  14. ARBITRATION – AN ALTERNATIVE SETTLEMENT OF INTERNATIONAL TRADE DISPUTES

    Directory of Open Access Journals (Sweden)

    Gabriel MIHAI

    2016-07-01

    Full Text Available Arbitration is today considered a form of justice adjusted specifically for disputes between traders, representing a special attraction for the business world. Arbitration can be considered as a refuse reflex from the traders to obey close-minded forms of common law procedure, characterized by excessive rigor or conservatism and as an expression of their propensity towards more malleable means of settling disputes, specific to arbitration.

  15. The Energy Charter Treaty and settlement of disputes – current challenges

    Directory of Open Access Journals (Sweden)

    Iuliana-Gabriela Iacob

    2016-06-01

    Full Text Available The Energy Charter Treaty (the “ECT” is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.

  16. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency

    Directory of Open Access Journals (Sweden)

    Fauziyah Fauziyah

    2015-06-01

    Full Text Available Village elections (Pilkades is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1, 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8

  17. Settlement Ends Dispute between Princeton and Donors' Heirs

    Science.gov (United States)

    Masterson, Kathryn; Gose, Ben

    2009-01-01

    This article reports that Princeton University has settled a long-running dispute with the heirs of a major donor by agreeing to pay $50-million to the heirs' foundation and approximately the same amount for their legal fees. The case has been closely watched as a test of how strictly institutions must adhere to donors' wishes. The settlement…

  18. Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

    NARCIS (Netherlands)

    Schill, S.W.

    As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system

  19. Human Resources Department: report on the settlement of disputes and discipline

    CERN Multimedia

    HR Department

    2016-01-01

    The 2015 Annual Report from the Human Resources Department concerning the settlement of disputes and discipline under Chapter VI of the Staff Rules and Regulations.   Introduction The 2015 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report: cases of submission of requests for review; internal appeals; complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and cases in which disciplinary action was taken. Requests for Review and Internal Appeals Under Article S VI 1.01 of the Staff Rules, members of the personnel may challenge an administrative decision by the Director-General where it adversely affects the conditions of employment or association that derive from their contract or from the Staff Rules and Regulations. If permitted by the Staff Rules and Regulations, a decision may be challenged internally within the Organization: through a review procedure; or ...

  20. 77 FR 61819 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing and Anti-Dumping...

    Science.gov (United States)

    2012-10-11

    ... Relating to Imports from Nonmarket Economy Countries.'' China also challenges the concurrent application of... Proceeding Regarding United States-- Countervailing and Anti-Dumping Measures on Certain Products From China... 17, 2012, the People's Republic of China (``China'') requested consultations with the United States...

  1. 75 FR 60159 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting Electronic Payment...

    Science.gov (United States)

    2010-09-29

    ... measures: Measures for the Administration of Bank Card Business by the People's Bank of China (Yinfa [1999] 17), issued on 27 January 1999; Circular of the People's Bank of China on Promulgation of Opinions on...; Circular on Uniform Use of CUP Logo and its Holographic Label for Anti-counterfeiting by the People's Bank...

  2. 76 FR 12401 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting Electronic Payment...

    Science.gov (United States)

    2011-03-07

    ... measures: Measures for the Administration of Bank Card Business by the People's Bank of China (Yinfa [1999] 17), issued on 27 January 1999; Circular of the People's Bank of China on Promulgation of Opinions on...; Circular on Uniform Use of CUP Logo and its Holographic Label for Anti-counterfeiting by the People's Bank...

  3. 77 FR 57181 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Duty Measures on Certain...

    Science.gov (United States)

    2012-09-17

    ... method of transmission. If (as explained below) the comment contains confidential information, then the... (Investigation C-570-940); Certain Kitchen Appliance Shelving and Racks (Investigation C-570-942); Certain Oil... submitted by that person be treated as confidential business information must certify that such information...

  4. 77 FR 37730 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Duty Measures on Certain...

    Science.gov (United States)

    2012-06-22

    ... explained below) the comment contains confidential information, then the comment should be submitted by fax...); Certain Tow Behind Lawn Groomers and Certain Parts Thereof (Investigation C-570-940); Certain Kitchen... as confidential business information must certify that such information is business confidential and...

  5. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency

    Directory of Open Access Journals (Sweden)

    Fauziyah Fauziyah

    2016-06-01

    Full Text Available In the year of 2013, Lumajang Regency carries out 159 village chief election (Pilkades. There are 4 disputes of Pilkades, and all about voice counting result of Pilkades. Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD, and Pilkades Committee about the importance of honest, fair and democratic Pilkades. Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades, there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD that is packed into village budget (APBDes, Rp.2.000.000 for every Pilkades. How to Cite: Fauziyah, F., & Praptianingsih, S. (2016. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency. Rechtsidee, 3(1, 53-62. doi: http://dx.doi.org/10.21070/jihr.v3i1.159

  6. Austrägalgerichtsbarkeit – Interstate Dispute Settlement in a Confederate Arrangement, 1815 to 1866

    Directory of Open Access Journals (Sweden)

    Jakob Zollmann

    2016-01-01

    Full Text Available This article analyses the interstate dispute settlement mechanisms between member states of the German Confederation (Deutscher Bund. The question as to how disputes between German sovereigns should be decided already had a long (pre-history dating back to the Middle Ages. Article 11 IV of the German Federal Act (1815 (Bundesakte was the basic norm of the so-called Austrägal jurisdiction enacted to resolve disputes between states of the German Confederation and stipulated the manner in which the dispute was to be brought to ›court‹ (Austrägalinstanz. During the period of the German Confederation, 10 out of 25 German courts of third instance handled altogether 54 Austrägal cases. Whereas Austrägal jurisdiction was no longer present in the German Kaiserreich, Emperor William II and the professor of public law Paul Laband attempted to resurrect the idea, but failed due to the resistance of the other German princes.

  7. The procedure of dispute settlement in the atomic energy cooperation agreement

    International Nuclear Information System (INIS)

    Hyung, Sang Cheol

    2010-01-01

    'UN Charter' Article 33 writes; the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. And 'THE AGREEMENT OF 31 OCTOBER 1975 BETWEEN THE REPUBLIC OF KOREA AND THE AGENCY FOR THE APPLICATION OF SAFEGUARDS IN CONNECTION WITH THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS' (INFCIRC/236) writes ; Any dispute arising out of the interpretation or application of this Agreement, except a dispute with regard to a finding by the Board under Article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by the Government of the Republic of Korea and the Agency shall, at the request of either, be submitted to an arbitral tribunal as above mentioned, the disagreeing parties prefer alternative dispute resolution, abbreviated ADR, to litigation. So we need to study the ADR

  8. Sharia Business and The Challenge of Dispute Settlement in Indonesian Religious Court

    Directory of Open Access Journals (Sweden)

    Rahadi Wasi Bintoro

    2016-06-01

    Full Text Available Sharia economy is not new in the world of Islam. Development of sharia economic law in Indonesia begins with the emergence of islamic banking. The development of national and international economy that always moves quickly along with more wider challenges, should always be followed in responsively by national banking in carrying its functions and responsibilities out to the community. According to the sharia banking law in order to be categorized in the scope of islamic economics, it is determined by the fatwa of the Indonesian Ulama Council. This is due to the MUI as an institution that has the authority in the field of religion and related to the interest of Indonesian muslims. One thing that is interesting from the proliferation of business activities with Sharia principles is about its pattern of settlement of disputes is related with Religion Court jurisdiction. Religion Court is an institution that has authority to examine dispute settlement of sharia economy case in Indonesia. However, the law of civil procedure used in the Religious Court is still referring to procedureal law in the general court which is much criticized, because its complicated procedures and take a long time so it’s been very expensive. Based on the analysis, the development of sharia economic system is basically the demands of the business world, which has the fast-moving character, however, development of sharia economy of which is not accompanied with its own substance of law, especially the procedural law that works to resolve disputes, so that, on its turn, it will lead to the obstacle for the sharia economic development itself, in which the condition is contrary to the principle of simple justice, quick and low cost as stipulated in the provisions of Article 2 (4 of Law No. 48 Year 2009 on Judicial.

  9. The safety regime concerning transboundary movement of radioactive waste and its compatibility with the trade regime of the WTO

    International Nuclear Information System (INIS)

    Strack, L.

    2004-01-01

    There is now extensive international law which regulates or prohibits the transboundary movement of radioactive waste. It seems likely that the trade restrictive provisions of the safety regime could be justified under the scope of Article X XI or X X GATT(general agreement on tariffs and trade). If a legitimate non proliferation issue were involved it is likely that any WTO (world trade organization) dispute settlement organ would allow governments the use of exceptions. Thus, the emerging international radioactive waste regime seems reconcilable under the WTO system. However, further clarification by the political, not the dispute settlement, institutions of the WTO would remove any remaining uncertainty by reaffirming the requirements of current law. Achieving sustainable development requires a coherent framework of global environment and economic governance. (N.C.)

  10. 2014 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Barbin, Lucie; CERN. Geneva. HR Department

    2015-01-01

    The 2014 Annual Report under Chapter VI ("Settlement of Disputes and Discipline") of the Staff Rules and Regulations (SRR) serves to report cases of submission of requests for review, internal appeals, complaints with the ILOAT, and cases in which disciplinary action was taken.

  11. 2012 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Schepens, A; CERN. Geneva. HR Department

    1013-01-01

    The 2012 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations (SRR) serves to report cases of submission of requests for review, internal appeals, appeals to the ILOAT, and cases in which disciplinary action was taken.

  12. 2015 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Lalande, Amanda

    2016-01-01

    The 2015 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report cases of submission of requests for review; internal appeals; complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and cases in which disciplinary action was taken.

  13. 2016 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Lalande, Amanda

    2017-01-01

    The 2016 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report cases of submission of requests for review; internal appeals; complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and cases in which disciplinary action was taken.

  14. 2011 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Schepens, A; CERN. Geneva. HR Department

    2012-01-01

    The 2011 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations (SRR) serves to report cases of submission of requests for review, internal appeals, appeals to the ILOAT, and cases in which disciplinary action was taken.

  15. Optional Protocol concerning the compulsory settlement of disputes to the Vienna Convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1999-01-01

    The document reproduces the text of the Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention on Civil Liability for Nuclear Damage which was adopted on 21 May 1963 by the International Conference held in Vienna from 29 April to 19 May 1963. It came into force on 13 May 1999

  16. Current Models of Investor State Dispute Settlement Are Bad for Health: The European Union Could Offer an Alternative

    Science.gov (United States)

    McKee, Martin; Stuckler, David

    2017-01-01

    In this commentary, we endorse concerns about the health impact of the trans-pacific partnership (TPP), paying particular attention to its mechanisms for investor state dispute settlement. We then describe the different, judge-led approach being advocated by the European Commission team negotiating the Trans-Atlantic Trade and Investment Partnership, arguing that, while not perfect, it offers significant advantages. PMID:28812799

  17. A Corporate Veto on Health Policy? Global Constitutionalism and Investor-State Dispute Settlement.

    Science.gov (United States)

    Hawkins, Benjamin; Holden, Chris

    2016-10-01

    The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global "spaghetti bowl" of IIAs creates opportunities for corporations to venue shop; that is, to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues. Copyright © 2016 by Duke University Press.

  18. Internationalisering en interne regulering: Europese Unie milieu-, gezondheids- en consumentenbeschermingsregels 'in de schaduw van de WTO'

    OpenAIRE

    De Ville, Ferdi

    2011-01-01

    How and to what extent internationalization affects domestic politics is one of the most important and debated perennial questions in international political economy. This doctoral thesis takes a particular angle at this question by studying the influence of the World Trade Organization (WTO), its substantial rules and its dispute settlement mechanism, on European Union (EU) decision-making processes on health, environmental and consumer regulation. Starting with refuting the widely but m...

  19. World Trade Organization: U.S. Experience in Dispute Settlement System: The First Five Years

    National Research Council Canada - National Science Library

    2000-01-01

    .... Established in January 1995 as a result of the Uruguay Round of international trade negotiations, the WTO administers rules for international trade and provides a forum for conducting trade negotiations...

  20. 40 CFR 22.18 - Quick resolution; settlement; alternative dispute resolution.

    Science.gov (United States)

    2010-07-01

    ...; alternative dispute resolution. 22.18 Section 22.18 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY...; alternative dispute resolution. (a) Quick resolution. (1) A respondent may resolve the proceeding at any time... complaint. (d) Alternative means of dispute resolution. (1) The parties may engage in any process within the...

  1. On the (Non-)Effectiveness of the World Trade Organization Special and Differential Treatments in the Dispute Settlement Process

    DEFF Research Database (Denmark)

    Alavi, Amin

    2007-01-01

    Review of the WTO's Case law related to WTO's Special and Differential Treatments provisions and explaining what determines their success or failure.  ......Review of the WTO's Case law related to WTO's Special and Differential Treatments provisions and explaining what determines their success or failure.  ...

  2. Direct taxation and the WTO Agreements

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2002-01-01

    Pursuant to the report published in the dispute concerning the US tax treatment of foreign sales corporations (FSC) the articles analyses the implication of the report for the tax systems of the WTO Members. Furthermore a parallel is drawn between the development with the WTO and within the Europ...

  3. SETTLEMENT OF DISPUTES BY JUDGE OR ARBITRATOR - IS THERE ANY DIFFERENCE

    NARCIS (Netherlands)

    BOSCHBOESJES, JE

    1994-01-01

    In a dispute between co-operating parties who cannot cannot come to an agreement, an important question is: who will be approached to give a decision in this dispute: the civil court, arbitrators or a 'bindend adviseur' (i.e. a unpartial third person who gives an absolute ruling). In the Netherlands

  4. Does science speak clearly and fairly in trade and food safety disputes? The search for an optimal response of WTO adjudication to problematic international standard-making.

    Science.gov (United States)

    Ni, Kuei-Jung

    2013-01-01

    Most international health-related standards are voluntary per se. However, the incorporation of international standard-making into WTO agreements like the SPS Agreement has drastically changed the status and effectiveness of the standards. WTO members are urged to follow international standards, even when not required to comply fully with them. Indeed, such standards have attained great influence in the trade system. Yet evidence shows that the credibility of the allegedly scientific approach of these international standard-setting institutions, especially the Codex Alimentarius Commission (Codex) governing food safety standards, has been eroded and diluted by industrial and political influences. Its decision-making is no longer based on consensus, but voting. The adoption of new safety limits for the veterinary drug ractopamine in 2012, by a very close vote, is simply another instance of the problematic operations of the Codex. These dynamics have led skeptics to question the legitimacy of the standard setting body and to propose solutions to rectify the situation. Prior WTO rulings have yet to pay attention to the defect in the decision-making processes of the Codex. Nevertheless, the recent Appellate Body decision on Hormones II is indicative of a deferential approach to national measures that are distinct from Codex formulas. The ruling also rejects the reliance on those experts who authored the Codex standards to assess new measures of the European Community. This approach provides an opportunity to contemplate what the proper relationship between the WTO and Codex ought to be. Through a critical review of WTO rulings and academic proposals, this article aims to analyze how the WTO ought to define such interactions and respond to the politicized standard-making process in an optimal manner. This article argues that building a more systematic approach and normative basis for WTO judicial review of standard-setting decisions and the selection of technical

  5. Problems in the WTO Agriculture Agreement and the Current State and Prospects for Agricultural Negotiations: The Perspective of a Participant in the Uruguay Round Negotiations (Japanese)

    OpenAIRE

    YAMASHITA Kazuhito

    2005-01-01

    The World Trade Organization's dispute settlement panels and the appellate body ruled on two important agricultural cases recently, just as concerns were being raised over the excessive juridification of WTO procedures. The cases in question are the United States' subsidies on upland cotton and the European Union's export subsidies on sugar. The verdicts in the both cases were quite different from the conclusions Uruguay Round negotiators would have reached. When negotiators negotiate an agre...

  6. Negotiating dispute settlement in the international petroleum industry: the international chamber of commerce

    International Nuclear Information System (INIS)

    Bond, S.R.

    1994-01-01

    In general, arbitration continues to be more rapid and less expensive than litigation and has other advantages in international dispute resolution. Elements which should be considered in drafting and negotiating an arbitration clause are discussed. A pragmatic basis for this is supplied by an analysis of arbitration clauses in the 237 cases submitted to the International Chamber of Commerce Court of Arbitration in 1987 and the 215 submitted in 1989. (UK)

  7. How to model a negligible probability under the WTO sanitary and phytosanitary agreement?

    Science.gov (United States)

    Powell, Mark R

    2013-06-01

    Since the 1997 EC--Hormones decision, World Trade Organization (WTO) Dispute Settlement Panels have wrestled with the question of what constitutes a negligible risk under the Sanitary and Phytosanitary Agreement. More recently, the 2010 WTO Australia--Apples Panel focused considerable attention on the appropriate quantitative model for a negligible probability in a risk assessment. The 2006 Australian Import Risk Analysis for Apples from New Zealand translated narrative probability statements into quantitative ranges. The uncertainty about a "negligible" probability was characterized as a uniform distribution with a minimum value of zero and a maximum value of 10(-6) . The Australia - Apples Panel found that the use of this distribution would tend to overestimate the likelihood of "negligible" events and indicated that a triangular distribution with a most probable value of zero and a maximum value of 10⁻⁶ would correct the bias. The Panel observed that the midpoint of the uniform distribution is 5 × 10⁻⁷ but did not consider that the triangular distribution has an expected value of 3.3 × 10⁻⁷. Therefore, if this triangular distribution is the appropriate correction, the magnitude of the bias found by the Panel appears modest. The Panel's detailed critique of the Australian risk assessment, and the conclusions of the WTO Appellate Body about the materiality of flaws found by the Panel, may have important implications for the standard of review for risk assessments under the WTO SPS Agreement. © 2012 Society for Risk Analysis.

  8. The Line between Peaceful Settlement of Disputes and the Use of Force in International Law

    Directory of Open Access Journals (Sweden)

    Oana Cristina Necula

    2012-12-01

    Full Text Available In this article, we attempt to analyze the evolution of a conflictual situation between atleast two international parties, examining each stage involved, with focus on peaceful solutions.However, what we observe is that no all disputes can be resolved through the use of common peacefulmeans. Refusing to accept violet methods of international conflict resolution and expressing faith inhuman values, freedom and fundamental rights of people, we believe that, in cases like these,imposing peaceful coercive measures in order to restore cooperation between states, becomesnecessary. These actions specifically, represent the subject of this paper. First and foremost, we mustunderstand that the international system is not a stand-alone one, butone that has evolved over theyears from tribes, empires and colonies, being at this moment composed of sovereign nation states,most of them allies as part of inter-governmental organizations. We are currently witnessing thecreating of a new subject of international law-the European Union-which does not aim to become anational state, an inter-state organization, or a federation of states. It selectively combines the featuresof these, creating a whole new international entity, whose evolution is still unknown, but that willundoubtedly change the system certainly in a gradual manner.In the midst of all thesetransformations of the international world lie the differences between mentalities and humanbehavior, or maybe even the similarities between them. These get translated into conflicts and theirresolution is intended to be as least invasive as possible, eventually leading to the development oflegal instruments designed to protect the freedom and sovereignty of the parties involved.

  9. WTO confidential: the case of asbestos.

    Science.gov (United States)

    Castleman, Barry

    2003-01-01

    The World Trade Organization (WTO), established in 1995, adjudicates "trade disputes" between member nations in cases with human rights, cultural, environmental, and public health significance. Throughout the resolution process and even after a case's conclusion, little of what happens is made accessible to the public. However, it is one thing to criticize the WTO for its lack of transparency from outside the process and another to critically examine what was withheld from disclosure and what dangers that presents. This is the inside story from a scientific adviser to one party in a WTO case, who analyzes what happened from a public health point of view. The analysis concludes that the public health justification for banning asbestos was accepted in the end by WTO economists, despite the WTO's bias in favor of the party (Canada) making the free trade challenge (to public health legislation), despite the WTO's lack of expertise in science, medicine, engineering, and public health, and despite important erroneous statements made to the WTO under the cover of confidentiality. The case nevertheless illustrates that the WTO's threat to national sovereignty could never withstand the light of day if the limitations and dangers of the process were open for all to see.

  10. How does the World Trade Organization know? The mobilization and staging of scientific expertise in the GMO trade dispute.

    Science.gov (United States)

    Bonneuil, Christophe; Levidow, Les

    2012-02-01

    The World Trade Organization (WTO) dispute settlement procedure is a key arena for establishing global legal norms for what counts as relevant knowledge. As a high-profile case, the WTO trade dispute on GMOs mobilized scientific expertise in somewhat novel ways. Early on, the Panel put the dispute under the Sanitary and Phytosanitary (SPS) Agreement through a new legal ontology; it classified transgenes as potential pests and limited all environmental issues to the 'plant and animal health' category. The selection of scientific experts sought a multi-party consensus through a fast adversarial process, reflecting a specific legal epistemology. For the SPS framing, focusing on the defendant's regulatory procedures, the Panel staged scientific expertise in specific ways that set up how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel's findings. In these ways, the dispute settlement procedure co-produced legal and scientific expertise within the Panel's SPS framework. Moreover, the Panel operated a procedural turn in WTO jurisprudence by representing its findings as a purely legal-administrative judgement on whether the EC's regulatory procedures violated the SPS Agreement, while keeping implicit its own judgements on substantive risk issues. As this case illustrates, the WTO settlement procedure mobilizes scientific expertise for sophisticated, multiple aims: it recruits a source of credibility from the scientific arena, thus reinforcing the standard narrative of 'science-based trade discipline', while also constructing new scientific expertise for the main task--namely, challenging trade restrictions for being unduly cautious.

  11. WTO confidential: the case of asbestos. World Trade Organization.

    Science.gov (United States)

    Castleman, Barry

    2002-01-01

    The World Trade Organization (WTO), created in 1995, adjudicates "trade disputes" between member nations in cases with great human rights, cultural, environmental, and public health significance. Throughout the process of dispute resolution and even after a case is concluded, very little of what happens is made accessible to the public. However, it is one thing to criticize the WTO for its lack of transparency from outside the process, and another to critically examine what was withheld from disclosure and what dangers that presents. This is the inside story from a scientific adviser to one of the parties in a WTO case, analyzing what happened from a public health point of view. This analysis concludes that the public health justification of banning asbestos was accepted in the end by the economists at the WTO, despite the WTO's bias in favoring the party (Canada) making the free trade challenge (to public health legislation, in this case) in numerous stages of the process, despite the WTO's utter lack of expertise in science, medicine, engineering, and public health, and despite important erroneous statements made to the WTO under the cover of confidentiality. Despite its result, this case illustrates that the WTO's threat to national sovereignty could never withstand the light of day, that the people of the world would reject this dangerous free trade fundamentalism if the limitations and dangers of the process were open for all to see.

  12. Settlement

    Directory of Open Access Journals (Sweden)

    John Frow

    2011-04-01

    Full Text Available The paper explores the idea of settlement in each of its three major senses: as a place of human habitation; as a fixed and stable order of habitation; and as a political consensus reconciling fractious groups. Arguing that traditional accounts of settlement depend, with a kind of pastoral nostalgia, upon a view of abstraction and social complexity as in themselves  harmful, it follows through the implications of the concept for ways of dealing with the stranger, and it uses a drawing by the nineteenth-century indigenous Australian artist Tommy McRae, done about 1890 and entitled Corroboree, or William Buckley and dancers from the Wathaurong people, to propose a counterfactual model through which a settlement with the stranger might be imagined.

  13. The concept of “Like Products” under Article 2.1 of the TBT Agreement: a View from the Interpretation Criteria of the WTO

    Directory of Open Access Journals (Sweden)

    Andrés Felipe Esteban Tovar

    2016-01-01

    Full Text Available This article seeks to evaluate the interpretation carried out by the Dispute Settlement Body (DSB of the wto about the concept of “like products” under article 2.1 of the Agreement on Technical Barriers to Trade (TBT in recent cases (United States-Clove cigarettes, United StatesTuna II and United States-COOL, with the end of suggesting certain interpretative elements in accordance with the Vienna Convention on the Law of Treaties which could have influenced a different interpretation of “like products”by the DSB.

  14. MODEL PENYELESAIAN PERSELISIHAN PARTAI POLITIK SECARA INTERNAL MAUPUN EKSTERNAL (The Model of Political Party Dispute Settlement Internally and Externally

    Directory of Open Access Journals (Sweden)

    Tri Cahya Indra Permana

    2016-03-01

    Full Text Available Undang-Undang Parpol mengatur bahwa perselisihan Parpol diselesaikan secara internal oleh Mahkamah Partai atau sebutan lain daripada itu dan secara eksternal oleh Pengadilan Negeri dan Mahkamah Agung. Substansi perselisihan yang final dan mengikat di Mahkamah Partai adalah perselisihan kepengurusan, selebihnya dapat diajukan upaya hukum ke Pengadilan Negeri dan Mahkamah Agung. Di dalam praktek, pengaturan tersebut telah menjauhkan dari rasa keadilan, kepastian hukum dan kemanfaatan, oleh karenanya sebaiknya direvisi yang mana perselisihan PAW, pelanggaran terhadap hak anggota partai politik, penyalahgunaan wewenang,  pertanggungjawaban keuangan, dan atau keberatan terhadap keputusan partai politik (termasuk keputusan untuk tidak memutuskan terhadap sesuatu hal final dan mengikat dengan Putusan MPP. Sedangkan perselisihan kepengurusan dapat diajukan upaya hukum ke Mahkamah Konstitusi. Political parties act stipulates that a political party dispute resolved internally by the Mahkamah Partai or other designation of that and externally resolved by the District Court and the Supreme Court. The dispute substance in Mahkamah Partai which is final and binding is about organization dispute, the other can be settled in District Court and the Supreme Court. In practice, that arrangement makes the decision apart from the sense of justice, legal certainty and utility. Therefore, these rules should be revised so that the regulation of PAW, violations of the rights of members of political parties, abuse of authority, financial liability, or an objection to the decision of political parties (including the decision not to decide on something is final and binding through Mahkamah Partai decision. While the organization disputes can be submitted to the Constitutional Court for legal action.

  15. Vienna convention on civil liability for nuclear damage and optional protocol concerning the compulsory settlement of disputes. Status lists as of 12 September 2000. Signature, ratification, accession, or succession. Declarations/reservations made upon expressing consent to be bound and objections thereto. Declarations/reservations made upon signature

    International Nuclear Information System (INIS)

    2000-01-01

    The document provides the status list to the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and optional protocol concerning the compulsory settlement of disputes as of 12 September 2000

  16. The New WTO Telecom Agreement: Opportunities and Challenges.

    Science.gov (United States)

    Sisson, Peter

    1997-01-01

    The telecommunication agreement reached by the World Trade Organization (WTO) in 1997 will accelerate the global trend toward increased market access, competition, and deregulation. Examines opportunities for marketing and operations, dispute resolution and enforcement, profitability, and the exclusion of Russia and China. Includes the WTO…

  17. Foreign Direct Investments – the Standard of Fair and Equitable Treatment of Investments on the Example of a Case of the International Center for Settlement of Investment Disputes (ICSID

    Directory of Open Access Journals (Sweden)

    Ismail Musabegović

    2015-06-01

    Full Text Available Foreign direct investments (FDI have a tendency of growth, which will, in accordance with projections, be continued in the future. The increasing number of FDI triggers an increase in the number of cases related to them. After defining the term of international capital movements and its manifestations in the first part of the paper, in its second part the authors give an overview of foreign direct investment, both globally and in the region. The third part deals with the investment disputes before the arbitration court, while in the fourth section, a case of the International Center for Settlement of Investment Disputes (ICSID is presented. As the case of violation of the principle of fair and equitable treatment of investments is in the main focus of this paper, it is thesubject of а deeper analysis. In this paper, the authors use methodology which is characteristic for social sciences: descriptive and historical method, comparative analysis and case study.

  18. WTO Accession and Managerial Challenges for Manufacturing Sectors in Southern China

    OpenAIRE

    Yeung, G; Mok, V

    2002-01-01

    Based on 31 case studies, this study tests the validity of four major managerial hypotheses for manufacturers in China after WTO accession. It is argued that the skills of managers will be severely tested in four specific areas after China accedes to the WTO: (1) preparing for trade disputes with their overseas competitors, (2) developing newer and higher value-added products and diversifying their markets, (3) selecting the appropriate localization strategy, and (4) upgrading manufacturing p...

  19. WTO og skatteret

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2005-01-01

    Artiklen analyserer hvordan WTO-retten, særligt GATT-, GATS- og subsidieaftalen, kan påvirke indholdet af national skatteret. Udover en drøftelse af princippet om national behandling og mest begunstigelsesprincippet drøftes hvordan subsidieaftalen kan påvirke de nationale principper om global con...... contra territorial beskatning og reglerne om transfer pricing....

  20. Current Models of Investor State Dispute Settlement Are Bad for Health: The European Union Could Offer an Alternative Comment on "The Trans-Pacific Partnership: Is It Everything We Feared for Health?"

    Science.gov (United States)

    McKee, Martin; Stuckler, David

    2016-08-20

    In this commentary, we endorse concerns about the health impact of the trans-pacific partnership (TPP), paying particular attention to its mechanisms for investor state dispute settlement. We then describe the different, judge-led approach being advocated by the European Commission team negotiating the Trans-Atlantic Trade and Investment Partnership, arguing that, while not perfect, it offers significant advantages. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  1. Contenciosos brasileiros na Organização Mundial do Comércio (OMC: pauta comercial, política e instituições Brazil litigation in the WTO: trade mix, politics and institutions

    Directory of Open Access Journals (Sweden)

    Daniel Arbix

    2008-12-01

    Full Text Available O presente estudo busca analisar a formulação da política comercial brasileira, de relevância e complexidade crescentes, no caso das demandas brasileiras ao Órgão de Solução de Controvérsias (OSC da Organização Mundial do Comércio (OMC. Examina-se a centralização de tal política no Poder Executivo com foco em seus processos decisórios, a partir do contexto econômico e político pertinente para a seleção das demandas apresentadas a tal mecanismo de solução de controvérsias. Além de se perscrutar o funcionamento da Câmara de Comércio Exterior (Camex e sua interação com outros órgãos estatais, investiga-se a dinâmica da condução dos contenciosos e de suas repercussões na agenda comercial da OMC. Constata-se que, à margem do desenho institucional focalizado na Camex, a escolha das demandas responde à pauta comercial e ao impacto nas negociações internacionais do país, acompanhando a pauta de exportação e os principais parceiros comerciais do Brasil, no marco da Rodada Doha da OMC. Marcadas por constrangimentos internos e externos, portanto, as estratégias sobre litígios comerciais internacionais demandam transparência e cooperação aperfeiçoadas com o setor privado.This study seeks to analyze Brazil's foreign trade policy, which is of growing importance and complexity, in the particular case of litigation with the WTO's Dispute Settlement Body. Such policy centralization with the Executive Branch is examined with focus on the decision making processes, with grounds on the political and economical context relevant to the selection of disputes to be initiated with the mentioned dispute settlement mechanism. Brazilian Chamber of Foreign Commerce (Camex's operations are scrutinized, as well as its interactions with other state bodies, which is followed by an investigation of the dynamics of the disputes' conduction and their repercussion on the WTO's trade agenda. Perceived results are that, despite decisions

  2. Challenges to developing countries after joining WTO: risk assessment of chemicals in food

    International Nuclear Information System (INIS)

    Chen Junshi

    2004-01-01

    FAO/WHO encourages member countries to develop national food control measures based on risk assessment in order to assure proper protection level to consumers and facilitate fair trade. This is particularly important for developing countries as WTO members because it is clearly stated in the Sanitary and Phytosanitary Measures (SPS) Agreement that: (a) SPS measures should be based on risk assessment techniques developed by relevant international organizations; and (b) Codex standards which is based on risk assessment are regarded as the international norm in trade dispute settlement. When conducting risk assessment on food chemicals (including additives and contaminants) in developing countries, in most cases it is not necessary to conduct their own hazard characterization because the ADIs or PTWIs of food chemicals developed by international expert groups (e.g. JECFA) are universally applicable and also developing countries do not have the resources to repeat those expensive toxicological studies. On the other hand, it is necessary to conduct exposure assessment in developing countries because exposure to food chemicals varies from country to country. This is not only crucial in setting national standards, but also very important for developing countries to participate in the process of developing Codex standards. In addition to food standard development, risk assessment is also useful in setting up priorities in imported food inspection and evaluating the success of various food safety control measures

  3. Challenges to developing countries after joining WTO: risk assessment of chemicals in food.

    Science.gov (United States)

    Chen, Junshi

    2004-05-20

    FAO/WHO encourages member countries to develop national food control measures based on risk assessment in order to assure proper protection level to consumers and facilitate fair trade. This is particularly important for developing countries as WTO members because it is clearly stated in the Sanitary and Phytosanitary Measures (SPS) Agreement that: (a) SPS measures should be based on risk assessment techniques developed by relevant international organizations; and (b) Codex standards which is based on risk assessment are regarded as the international norm in trade dispute settlement. When conducting risk assessment on food chemicals (including additives and contaminants) in developing countries, in most cases it is not necessary to conduct their own hazard characterization because the ADIs or PTWIs of food chemicals developed by international expert groups (e.g. JECFA) are universally applicable and also developing countries do not have the resources to repeat those expensive toxicological studies. On the other hand, it is necessary to conduct exposure assessment in developing countries because exposure to food chemicals varies from country to country. This is not only crucial in setting national standards, but also very important for developing countries to participate in the process of developing Codex standards. In addition to food standard development, risk assessment is also useful in setting up priorities in imported food inspection and evaluating the success of various food safety control measures.

  4. 20 CFR 627.805 - Alternative dispute resolution.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Alternative dispute resolution. 627.805... Law Judges § 627.805 Alternative dispute resolution. (a) Parties to a complaint under § 627.801 of... administrative hearing before the OALJ by choosing to transfer the settlement of their dispute to an individual...

  5. 28 CFR 36.506 - Alternative means of dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding...

  6. Disputed Memory

    DEFF Research Database (Denmark)

    , individual and political discourse and electronic social media. Analyzing memory disputes in various local, national and transnational contexts, the chapters demonstrate the political power and social impact of painful and disputed memories. The book brings new insights into current memory disputes...... in Central, Eastern and Southeastern Europe. It contributes to the understanding of processes of memory transmission and negotiation across borders and cultures in Europe, emphasizing the interconnectedness of memory with emotions, mediation and politics....... century in the region. Written by an international group of scholars from a diversity of disciplines, the chapters approach memory disputes in methodologically innovative ways, studying representations and negotiations of disputed pasts in different media, including monuments, museum exhibitions...

  7. The Impacts of U.S. Cotton Programs on the World Market: An Analysis of Brazilian and African WTO Petitions

    OpenAIRE

    Pan, Suwen; Mohanty, Samarendu; Ethridge, Don E.; Fadiga, Mohamadou L.

    2004-01-01

    Brazil, supported by Australia challenged U.S. cotton programs at the September 2003 meeting of the WTO settlement Body. Brazil complained that U.S. cotton subsidies such as marketing loans, export credits, commodity certificates, direct payments and counter cyclical payments are depressing world prices and are injurious to Brazilian farmers. In addition, the West and Central African Countries (WCA) countries of Benin, Burkina Faso, Mali and Chad have filed a petition with the WTO claiming th...

  8. Decision making in civil disputes

    Directory of Open Access Journals (Sweden)

    Victoria Gilliland

    2008-10-01

    Full Text Available The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff vs. defendant and frame (positive vs. negative. The results indicated that positively framed litigants were more willing to settle than negatively framed litigants independently of legal role. These results were replicated in a second experiment that also asked participants to state their subjective probability of winning. This revealed that the propensity to settle was a joint function of frame and the perceived chance of winning. In contrast to previous research, no systematic effect of legal role was found. It is concluded that the rate of negotiated settlements of legal disputes may be increased by manipulating both of these factors.

  9. SVHC in imported articles: REACH authorisation requirement justified under WTO rules.

    Science.gov (United States)

    Schenten, Julian; Führ, Martin

    2016-01-01

    The purpose of the REACH Regulation is to ensure a high level of protection of human health and the environment as well as the free circulation of substances on the internal market while enhancing competitiveness and innovation. To this end, REACH introduces, among other instruments, the authorisation regime for substances of very high concern (SVHC) that are listed on Annex XIV of the regulation. After expiration of the transitional period for each Annex XIV-SVHC, articles, such as most products of daily use, produced in the European Economic Area (EEA) may not contain such substances unless an authorisation was granted for the specific use or this use falls within the scope of an exemption from the authorisation requirement. The authorisation scheme does, however, only apply to SVHC used in the EEA. As a consequence, REACH does not regulate SVHC entering the European market as part of imported articles which burden human health and the environment. Moreover, from an economic perspective, domestic articles are subject to stricter requirements than those which are produced abroad, putting actors from within the EEA at competitive disadvantage and thus impeding the intention of REACH to enhance competitiveness and innovation. One option to close this regulatory gap could be to extend the authorisation requirement to SVHC present in imported articles. A legal appraisal on behalf of the German Environment Agency (UBA) assesses whether such option would be in accordance with the specifications of WTO world trade law. It concludes that, measured by the standards of the WTO dispute settlement practice, such an extended authorisation scheme would neither violate the principles of national treatment and most-favoured nation treatment. Also, such regulation would not constitute an unnecessary obstacle to trade, since the extended authorisation requirement would pursue a legitimate objective covered by the regulatory autonomy of the EU and, furthermore, the regulation would

  10. 〈論文〉WTO 協定の義務違反の蔓延によるその規範性の脆弱化

    OpenAIRE

    濱田, 太郎

    2017-01-01

    [概要]WTO 協定は一括受諾により先進国途上国を問わず同一の義務を課す。しかし,多数の途上国が様々な義務に違反し,事実上違反が放置され,その一部が追認されるに至る。こうした違反は,紛争解決制度ではなく,WTO の内部機関が加盟国からの国内法令等の通報を審査する国際コントロールを通じて明らかになる。国内法令通報義務違反は,形式的に手続法違反である通報義務違反であると同時に,当該協定を実施していないことは明白であるから,同時に実体的義務・主観的義務の違反を伴う。強力な紛争解決制度を備え高度に「法化」した WTO 協定において,履行する意思と能力を無視した過大な義務が課され,実体的義務・主観的義務の違反が顕在的・潜在的に蔓延しており,WTO 体制の正当性や条約規範の規範性が脆弱化される危機が起こっている。[Abstract]The World Trade Organization(WTO)has a strong and effective dispute settlement mechanism to promote compliance with the WTO agreemen...

  11. Trade and health: how World Trade Organization (WTO) law affects alcohol and public health.

    Science.gov (United States)

    Baumberg, Ben; Anderson, Peter

    2008-12-01

    The alcohol field is becoming more aware of the consequences of world trade law for alcohol policies. However, there is a need for greater clarity about the different effects of trade on alcohol-related harm. A comprehensive review of all literature on alcohol and world trade [including World Trade Organization (WTO) disputes on alcohol], supported by a more selective review of other relevant cases, academic reports and the grey literature on trade and health. The burden of WTO law on alcohol policies depends upon the type of policy in question. Purely protectionist policies are likely to be struck down, which may lead to increases in alcohol-related harm. Partly protectionist and partly health-motivated policies are also at risk of being struck down. However, purely health-motivated policies are likely to be defended by the WTO-and to the extent that policy makers misunderstand this, they are needlessly avoiding effective ways of reducing alcohol-related harm. WTO agreements contain genuine and substantial risks to alcohol policies, and various ways of minimizing future risks are suggested. However, the 'chilling effect' of mistakenly overestimating these constraints should be avoided. Health policy makers should decide on which policies to pursue based primarily on considerations of effectiveness, ethics and politics rather than legality. As long as any effect of these policies on trade is minimized, they are overwhelmingly likely to win any challenges at the WTO.

  12. Territorial disputes in international arbitration practice

    Directory of Open Access Journals (Sweden)

    Tubić Bojan

    2014-01-01

    Full Text Available This paper deals with the issue of territorial disputes settlement in international arbitrations. The arbitration represents an efficient way of determining state borders, together with diplomatic means of dispute resolution and procedure before the International Court of Justice. Parties in a dispute choose arbiters, rules of procedure and commit themselves to accept and implement arbitration award, which is based on international law. States can create an ad hoc tribunal or they can decide to resolve the dispute before the Permanent Court of Arbitration in The Hague. In arbitration practice there were cases of successful arbitrations, especially in situations when a dispute was primarily factual and when major economic and political interests were not involved.

  13. Public private partnership construction project disputes in Nigeria ...

    African Journals Online (AJOL)

    This research examines the possibility of operating a smooth Public Private Partnership (PPP) project for the entire concession period following financial closure, without recourse to litigation or arbitration for settlement of disputes by studying the causes and effects of disputes in construction projects procured in Nigeria ...

  14. 77 FR 38033 - WTO Agricultural Safeguard Trigger Levels

    Science.gov (United States)

    2012-06-26

    ... DEPARTMENT OF AGRICULTURE Foreign Agricultural Service WTO Agricultural Safeguard Trigger Levels... and trigger levels for safeguard measures provided for in the World Trade Organization (WTO) Agreement... measures under the safeguard provisions of the WTO [[Page 38034

  15. Put Rossii v WTO / Maksim Medvedkov

    Index Scriptorium Estoniae

    Medvedkov, Maksim

    2006-01-01

    Vene delegatsiooni juht Venemaa WTO-ga liitumise läbirääkimistel vastab küsimustele, mis puudutavad USA positsiooni neil läbirääkimistel, WTO-ga liitumise võimalikke tagajärgi Venemaale liitumise esimeses etapis, endiste NSVL-i vabariikide ja Venemaa vaheliste erimeelsuste võimalikku mõju Venemaa liitumisele WTO-ga

  16. Judicial aspects of emission trade. Disputes

    International Nuclear Information System (INIS)

    Bitter, J.W.

    2004-01-01

    Emission trade will start in Europe in 2005. In a series of articles an overview will be given of several juridical aspects with respect to the international and national trade of emission. In this last part attention will be paid to settlement of disputes in emissions trade [nl

  17. 48 CFR 6302.30 - Alternative dispute resolution methods (Rule 30).

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION BOARD OF CONTRACT APPEALS RULES OF PROCEDURE 6302.30 Alternative dispute resolution methods (Rule... Alternative Dispute Resolution (ADR): Settlement Judges and Mini-Trials. These procedures are designed to... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  18. WTO Members' Commitments in Education Services

    Science.gov (United States)

    Xu, Jian

    2009-01-01

    The establishment of World Trade Organization is in line with the conclusion reached at the end of the Uruguay Round in April 1994 by the bulk of the world's trading nations. WTO is in charge of managing multilateral trading system. WTO's "General Agreement on Trade in Services" (GATS) requires member nations to comply with the following…

  19. States’ regulatory autonomy to protect societal values by legitimate regulatory distinctions : Finding the balance in the WTO Agreement on Technical Barriers to Trade through adjudication

    NARCIS (Netherlands)

    Prévost, Denise; Choukroune, Leila

    2016-01-01

    Trade disputes in which public policy regulation is challenged have been among the most difficult and controversial of those before the adjudicatory bodies of the WTO. They have showcased the crucial role of adjudication in achieving an appropriate balance between the sovereign autonomy of States to

  20. Alternative dispute resolution of medical-legal issues.

    Science.gov (United States)

    Barton, H M

    1991-02-01

    Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

  1. A mudança de orientação da lógica de solução das controvérsias econômicas internacionais Solution logic orientation changes in international economical disputes

    Directory of Open Access Journals (Sweden)

    Marcelo Dias Varella

    2006-12-01

    Full Text Available O grau de juridicidade do direito internacional econômico tem crescido nos últimos anos, ocasionando alterações na lógica de solução das controvérsias econômicas internacionais. Este adensamento da juridicidade do sistema confere maior legitimidade e importância aos mecanismos de solução de controvérsias, em especial o presente na Organização Mundial do Comércio (OMC, principal instituição reguladora do comércio internacional. De acordo com a nova lógica, os países mais fortes economicamente passaram a aceitar perdas relativas a setores específicos, buscando ganhos com o estabelecimento do sistema como um todo. A nova sistemática guiada por normas pré-definidas e especificamente traçadas para a solução de conflitos internacionais (rule-oriented veio substituir a solução destes conflitos pelo uso da força, via sanções unilaterais ou pressões sobre setores sensíveis (power-oriented. Além disso, a análise desta mudança de orientação evidencia que a OMC e seu Órgão de Solução de Controvérsias vêm ganhando maior credibilidade e respeito por parte de seus usuários, visto que casos concretos envolvendo setores como o agrícola e países desenvolvidos e em desenvolvimento demonstram a real possibilidade de utilização de mecanismos de retaliação mesmo quando se trata de países mais fracos contra países muito mais fortes.International Economical Law's level of jurisdiction has increased in the last years. This increase changed the logic of international economical dispute settlement system. The jurisdiction increase also gave more legitimacy and importance to dispute settlement mechanisms, specially the mechanisms pointed out by the World Trade Organization (WTO which is the main international trade regulating institution. According to the new logic of dispute settlement countries considered economically strong began to accept losses related to specific sectors in order to win with the establishment of

  2. From the Green Room to the Court Room (And Back: Judicial Clarification of Ambiguity in WTO Law and the Effects on Subsequent Negotiations

    Directory of Open Access Journals (Sweden)

    James Flett

    2011-05-01

    Full Text Available The WTO provides an opportunity to observe the recent creation, development and operation of a "hard law" adjudicative legal system, with legal subjects of greatly varying degrees of power, embedded within an intensely political environment. Between these parallel political and legal communities there are numerous points of contact. At each point of contact one finds played out (or to be played out and resolved, re-iteratively, the basic drama between power-based and rules-based approaches to disputes. An examination of the Dispute Settlement Understanding and of subsequent developments - from the particular perspective of a participant within the WTO legal system - suggests that the rules-based approach was initiated in a somewhat low profile manner. Once the process had been quietly booted-up, ambiguity and discretion embedded in the rules has been systematically crystallizing, under the influence of lawyers and adjudicators acting both in and out of the court room, so as to substantially further develop and consolidate a more complete rules-based operating system. This is something to which the Members themselves do not appear to have objected. In the long term, the fundamental driving motor for this process, which ultimately outweighs all other considerations, is a necessity recognised by all participants and their constituents – that is, legal security and predictability for firms engaged in international trade. However, the legitimacy of particular outcomes will ultimately continue to rest upon the rationality, reasonableness and openness of adjudicators and their judgments. This repetitive process of shared experience and palliative outcome is progressively binding the political and legal communities together in a shared fate. The process is proving remarkably successful, and may both serve as a model for (and have spill-over effects in other areas of international law. Ultimately, the system's continued success depends upon jealously

  3. Financial System of Malaysia: the Concept of Financial Dispute

    Directory of Open Access Journals (Sweden)

    Evgenia E. Frolova

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated the new regulatory acts of Malaysia – the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013; The characteristics of the legal status of the "Ombudsman for financial services" are listed, types of financial disputes subject to settlement under the "financial ombudsman scheme" are listed, parties to the financial dispute are identified. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Malaysia that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority. Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia. Results: according to the provisions of the new laws of Malaysia, namely the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013, a financial dispute should be understood as a dispute, to which the parties are a financial consumer and a financial service provider provider. Financial disputes include disputes in the field of insurance and Islamic insurance, as well as disputes over bank cards, bank accounts, ATMs, Internet banking, mobile banking, and others. The main body for the settlement of financial disputes is the Financial Ombudsman. The competence of the financial ombudsman is limited by the amount of the claim of 250,000 ringgit (about 4.5 million rubles, under insurance claims – 10,000 ringgit, in the field of unauthorized transactions – 25,000 ringgit. The procedure for resolving a financial dispute, which in Malaysia is referred to as the "scheme of a financial ombudsman", is established by the Central Bank of Malaysia

  4. DISPUTE RESOLUTION OF FOREIGN DIRECT INVESTMENT IN CHINA

    Directory of Open Access Journals (Sweden)

    Fiska Silvia Raden Roro

    2012-09-01

    Full Text Available Corruption activity in this modern era keeps hurting the implementation of foreign investment in Indonesia, especially for the dispute settlement aspect. Unfortunately, today, Indonesia is one of the interesting place for foreign investment destination, especially for consumer goods manufacturers. This situation happened because of Indonesia’s great resources which is totally supportive to business development activity. This article was intended to spur the development of Indonesia’s legal system, especially about foreign investment, and also to explain how the dispute resolution on foreign investment in Chinese Regime perspective, including considerations of how Chinese culture and settlement in foreign investment, methods of negotiation, mediation, arbitration. It will also be discussed how the practice of the settlement of disputes through litigation also the enforcement of foreign arbitral awards and the enforcement of a foreign court related to Chinese Regime.

  5. Ukraine in the WTO: Effects and Prospects

    Directory of Open Access Journals (Sweden)

    Elena Anatolyevna Bessonova

    2015-09-01

    Full Text Available Over 6 years have passed since Ukraine became a member of the WTO. The accession has had both positive and negative effects on the country’s economy. The process of accession took place in the absence of any definite economic development strategy. As a consequence, the national manufacturers were hurt in many respects. Ukraine acceded to the WTO on terms rather unfavourable for the country, with little to no regard for the opinions of experts and the business milieu. That resulted in losses for the most vulnerable sectors of Ukraine’s economy. Those are the industries which produce high value-added products, including machine building, consumer goods industry and food-processing. This goes to show that the country’s WTO membership was detrimental for the innovation-oriented industries involving high technologies. The branches of the real sector of the economy which produce low value-added products (such as agriculture, chemical industry, and metallurgy fared better. Despite the patterns of poor judgment shown, there are certain positive effects of Ukraine’s WTO membership. Among them one can mention the possibility to conduct equitable dialogue with the country’s foreign trade partners, enhancement of competitive advantages of the major producers in the real sector, provision of incentives to harnessing new technologies, improvement of production quality in order to enhance the competitiveness on the global market. Ukraine’s experience shows that it is obviously necessary for Russia to make efforts in order to ensure that Russia’s WTO membership would advantage the national economy and the real sector entities. Russia’s WTO membership can give a great impetus to the country development, but only if relevant domestic reforms will adapt Russian economic and legislative institutions to the conditions of the WTO multilateral trade agreements.

  6. International Regulations Dealing with Alternative Dispute Resolution for International Commercial Disputes

    Directory of Open Access Journals (Sweden)

    Angelica Rosu

    2009-06-01

    Full Text Available At present, no generally applied international ADR rules exist. However, manylegislative initiatives registered in time. The United Nations Commission on International TradeLaw adopted, thus, a Model Law on International Commercial Conciliation in 2002. The EuropeanUnion has also been active in the area of ADR presenting in May 2008 a Directive on CertainAspects of Mediation in Civil and Commercial Matters that represents its most important initiativesin this field. There are also various international conventions that deal with dispute resolution suchas the International Convention on the Settlement of Investment Disputes. The many legislativeinitiatives are useful, even necessary.

  7. The mutual agreement procedure and arbitration of double taxation disputes

    OpenAIRE

    Ilias Bantekas

    2008-01-01

    It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions) of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model T...

  8. The Culture of the WTO: Why it Needs to Change

    OpenAIRE

    Debra P. Steger

    2007-01-01

    The WTO is an international organization with its own distinctive culture, which is derived from the practice and experience of the GATT. The WTO, however, is not the old GATT. The multilateral trading system was transformed into an international organization in 1995, and today, the WTO also administers a host of agreements that contain detailed rules regulating international economic activity. The membership of the WTO has grown to 150, the vast majority of which are developing countries. Mo...

  9. 75 FR 81533 - Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate...

    Science.gov (United States)

    2010-12-28

    ... non-dumped comparisons. Several World Trade Organization (``WTO'') dispute settlement reports have... methodologies have been challenged as being inconsistent with the World Trade Organization (``WTO'') General... DEPARTMENT OF COMMERCE International Trade Administration 19 CFR Part 351 [Docket No. 101130598...

  10. The Concordance of Multilingual Legal Texts at the WTO

    Science.gov (United States)

    Condon, Bradly J.

    2012-01-01

    Multilingualism is a sensitive and complex subject in a global organisation such as the World Trade Organization (WTO). In the WTO legal texts, there is a need for full concordance, not simply translation. This article begins with an overview of the issues raised by multilingual processes at the WTO in the negotiation, drafting, translation,…

  11. Hidden Agricultural Export Subsidies in the WTO Framework and Implications for China%WTO体系下的隐蔽性农产品出口补贴及对中国的启示

    Institute of Scientific and Technical Information of China (English)

    刘晓冰; 李晓玲

    2012-01-01

    The Uruguay Round negotiations failed to establish substantive obligations for hidden agricultural export subsidies. Since the establishment of the WTO, the members have been resorting to the dispute settlement mechanism to interpret and enforce existing soft rules, and on the other hand, negotiating new rules in the Doha Round negotiations. This thesis explores the current situations and especially the development of negotiations of the hidden export subsidies, and analyses China' s interests and stance on this topic.%由于乌拉圭回合谈判未对隐蔽性农产品出口补贴规定实质义务,WTO成立之后,成员一方面借助争端解决机制,解释和实施抽象的现有规则,另一方面通过新一轮农业谈判,制定新规则。文章探讨了WTO体系下隐蔽性农产品出口补贴的现状与谈判进展,阐述了中国在此问题上的立场与利益。

  12. An Overview of the Effective Use of Alternative Dispute Resolution in Education

    Science.gov (United States)

    Fowler, Gerard A.

    2006-01-01

    This article presents a brief overview of the current forms of alternative dispute resolution available in educational settings, along with insight into their development and success. In this article, I assess the influence of early alternative dispute resolution procedures in terms of their relevance to the settlement of conflicts within schools…

  13. Mediating environmental disputes

    Energy Technology Data Exchange (ETDEWEB)

    Lake, L.M.

    1977-09-01

    Environmental disputes and lawsuits are examined. Site-specific disputes focus on visible physical phenomena, such as a power plant or local river, and have an immediacy and intensity about them that make it politically hazardous for public officials to assume responsibility for resolving them. As new precedents in environmental case law become less frequent and the number of disputes increases, alternative processes for environmental conflict resolution, such as third-party intervention, become appropriate. Third-party intervention techniques of fact finding, conflict avoidance, conciliation and mediation have been applied to international, labor, prison, school, racial, and hospital disputes. Underlying concepts are described. Two case studies, the Snoqualmie Dam dispute in Washington and the West Side Highway dispute in New York City, illustrate the basic elements associated with third-party intervention. 1 map, 17 references.

  14. The Northwest Passage Dispute

    DEFF Research Database (Denmark)

    Burke, Danita Catherine

    2018-01-01

    This is an article written for the Oxford Research Group "Sustainable Security" series. It gives an overview of the dispute of the Northwest Passage and discusses factors which will contribute to the evolution of the dispute in the 21st century. This short contribution summarizes and adds to the ...... to the research recently published by the author through Palgrave Macmillan, Danita Catherine Burke, 2018, International Disputes and Cultural Ideas in the Canadian Arctic...

  15. Vietnam’s Accession to the WTO

    DEFF Research Database (Denmark)

    Abbott, Philip; Bentzen, Jeanet; Tarp, Finn

    is not the main factor driving economic adjustments, and market imperfections mean there is potential for greater output and trade expansion. The key questions to ask in future research are what critical new institutional reforms WTO accession will bring, and what incentives will be put in place to determine...

  16. Contesting Constitutionalism: Constitutional Discourse at the WTO

    NARCIS (Netherlands)

    Lawrence, J.C.

    2013-01-01

    Debates about ‘constitutionalism’ have become an important trend in WTO scholarship. Despite over two decades of interest, however, a coherent definition of the term and its content remain out of reach. This paper argues that ‘constitutionalism’ should be approached not as something that can be

  17. Reducing Tariffs According to WTO Accession Rules

    DEFF Research Database (Denmark)

    Fosse, Henrik Barslund; Raimondos-Møller, Pascalis

    2012-01-01

    When Vietnam joined the World Trade Organization (WTO) in 2007 it was granted an accession period up to 2014. During this period tariffs would have to fall according to the accession agreement. This paper evaluates this 2007–2014 trade liberalization by building an applied general equilibrium model...

  18. WTO and Lifelong Education Strategies for Teachers

    Science.gov (United States)

    Wang, Zhi-guo; Zheng, Yu

    2006-01-01

    After China's entry into the World Trade Organization (WTO), teachers have been confronted with many opportunities and challenges. Lifelong education strategies are problems we should take into account carefully. This article expounds the objective demands, ideas, content, measures and functions of lifelong education.

  19. An expert system to manage dispute resolutions in construction projects in Egypt

    Directory of Open Access Journals (Sweden)

    A.A. Elziny

    2016-03-01

    Full Text Available This study attempts to shed a great deal of light on the problem of construction disputes in the Egyptian projects. This paper presents a comprehensive review of the available literature on analysis of disputes. The objective of this paper was to provide an expert system can evaluate the overall dispute settlement procedures at company’s projects. A questionnaire has been used to study dispute sources and resolution methods. Four case study applications have been provided to check the validity of the proposed system. Results confirmed that the most important source of disputes was contract management 74.04%, the second was contract documents 71.49%, the third was financial issues 67.80%, the fourth was project related issues 63.92%, and the lowest one was other sources (such as force majeure 61.58%. Finally, the expert program facilitates dispute resolution by using alternative dispute resolution methods instead of going direct to arbitration or litigation.

  20. The process of negotiating settlements at FERC

    International Nuclear Information System (INIS)

    Littlechild, Stephen

    2012-01-01

    Interstate gas pipelines and their customers presently settle about 90% of the rate cases set for hearing before the Federal Energy Regulatory Commission (FERC). The conventional regulatory litigation process is now only an occasional means of dispute resolution. This paper explains the settlement process, illustrating with the 12 section 4 rate cases brought by pipelines from 2008 and 2009. The paper also discusses and illustrates why parties prefer settlement to litigation, what difference it makes, which cases tend to settle, what might account for the increasing frequency of settlements over time, the recent phenomenon of pre-filing settlements and the recent settlement of section 5 cases brought by FERC. In contrast to many other regulatory jurisdictions, FERC Trial Staff play an active role in facilitating negotiation and settlement. They make an initial analysis 3 months after a pipeline files for a tariff rate increase. Thereafter, the regulatory aim is to bring the parties into agreement, not to determine an outcome and impose it upon them. This is a different role for the regulatory body than was previously apparent. - Highlights: ► About 90% of FERC rate cases are settled, not litigated. ► FERC Trial Staff play an active role in facilitating negotiation and settlement. ► Conventional regulation is now only an occasional means of dispute resolution. ► The paper also discusses which cases settle and what difference it makes.

  1. FINANCIAL SYSTEM OF JAPAN: THE LEGAL REGULATION OF DISPUTES BETWEEN FINANCIAL SERVICES PROVIDERS AND CONSUMERS

    Directory of Open Access Journals (Sweden)

    E. E. Frolova

    2018-01-01

    Full Text Available Purpose: the article examines the main problems associated the regulatory acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The  Insurance Business Act, lists the types of financial disputes subject to alternative settlement, identified the parties to the financial dispute. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Japan that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, – refer to financial disputesdisputes resolved by "Designated Dispute Resolution Organizations", the so-called "financial DDRO". Financial disputes are disputes between suppliers and consumers of financial services. The Financial Instruments and Exchange Act details the persons, whose activities fall within the definition of financial provider services. A brief list of financial service providers is available on the website of Japan's main financial regulator, the Financial Services Agency. The list include: Japanese banking institutions, branches and representative offices of foreign banks, business operators of financial instruments, insurance companies, trust companies, financial markets, foreign audit firms. However, unlike other countries of the Asia-Pacific region, consumers of financial services can be both physical and legal entities.Conclusions and Relevance: the materials presented in the article show the special role of "Designated Dispute Resolution

  2. ALTERNATIVE DISPUTE RESOLUTION (ADR DALAM PENYELESAIAN SENGKETA KONSUMEN

    Directory of Open Access Journals (Sweden)

    Taufikkurrahman Taufikkurrahman

    2015-06-01

    Full Text Available Consumers often consume goods and / or services resulting in damage, pollution and the loss on himself. So that the rights and obligations himself always disproportionate (balanced. So that consumer rights are not permanently harmed by businesses or otherwise,  the Republic country of Indonesia established a law that became the basis for consumers, businesses, Non-governmental organization and the Government to take  the legal actions as a result of violations committed by parties who are not responsible responsibility. Through UU No. 8 the year 1999 on Consumer Protection became the constitutional basis for businesses and consumers, especially in solving problems (disputes that happened to himelf. Legal effort in problem solving (dispute can use the lines outside the court  (Non-Litigation and through the courts (Litigation. The lines outside the court  carried out by the Consumer Dispute Settlement Board (BPSK. BPSK in resolving disputes of consumer through mediation, arbitration or conciliation.

  3. ALTERNATIVE DISPUTE RESOLUTION – CREATING VALUE OUT OF CONFLICT

    Directory of Open Access Journals (Sweden)

    ADRIANA ALMASAN

    2011-04-01

    Full Text Available The paper is deemed to present the advantages of resolving a dispute or a potential dispute throughout negotiation. This alternative of dispute resolution to legal proceedings in front of the law court may be considered as more favorable to the parties in conflict, from an economical perspective. Therefore the scope of the paper herein is eventually to establish that a conflict may generate value by negotiation. Further to the conclusion that by negotiation, a conflict may be solved more efficiently, the objectives of the paper are to identify (i the role played by the legal counsel in identifying the values thereto and (ii the mechanisms leading to such effect, as well as (iii the intrinsic connection between law and economics in an adequate approach of the negotiation throughout a commercial dispute. Not lastly, the paper has as objective identifying the key elements of a settlement agreement that are reflecting the added value.

  4. The WTO and the Poorest Countries; The Stark Reality

    OpenAIRE

    Aaditya Mattoo; Arvind Subramanian

    2004-01-01

    Small and poor countries pose a challenge for the World Trade Organization (WTO). These countries have acquired a significant say in WTO decision-making. However, they have limited ability to engage in the reciprocity game that is at the heart of the WTO, and have limited interests in the broader liberalization agenda because of their preferential access to industrial country markets. Accommodating the interests of the small and poor countries is desirable in itself, but would also facilitate...

  5. Climate change and WTO : boundary mediation on certified emission reductions

    International Nuclear Information System (INIS)

    Kim, Ho Cheol

    2011-07-01

    This book mentions climate change and WTO with is climate change true? International effort for reduce of greenhouse gas with UNFCCC, Kyoto protocol, Copenhagen Accord and Cancun Agreement, WTO norm, discussion on introduction of boundary mediation on certified emission reductions, analysis on regulation related WTO norm, violation of regulation on border measure of prohibition, violation of principle on GATT, justification, except through Article 20 of GATT, assessment of policy and supplementation on the law.

  6. Environmental implications of China's WTO accession

    International Nuclear Information System (INIS)

    Vennemo, Haakon; Aunan, Kristin; He, Jianwu; Hu, Tao; Li, Shantong; Rypdal, Kristin

    2005-01-01

    China's accession to the WTO in 2001 completed the country's entry into the global economy. We investigate environmental implications of WTO-accession. There are several hypotheses in this area: The scale hypothesis says that production is scaled up and in turn, pollution increases. The composition hypothesis says that composition of industries changes and pollution reflects the new composition. The technique hypothesis says that production methods become cleaner and pollution decreases. We analyze the relative strength of the hypotheses by means of an environmental CGE-model, and in the case of air pollution find support for a composition effect in favor of clean industries. Thanks to the composition effect, emissions to air of greenhouse gases fall. Emissions of particles and SO2 also fall, but emissions of NOx and VOC rise. Since particle and SO2-emissions fall we estimate that public health improves (author)

  7. Environmental impacts of China's WTO-accession

    International Nuclear Information System (INIS)

    Vennemo, Haakon; Aunan, Kristin; Rypdal, Kristin; He, Jianwu; Li, Shantong; Hu, Tao

    2008-01-01

    China's accession to the WTO in 2001 completed the country's entry into the global economy. We investigate environmental implications of WTO-accession. There are several hypotheses in this area: The scale hypothesis says that production is scaled up and in turn, pollution increases. The technique hypothesis says that production methods become cleaner and pollution decreases. The composition hypothesis says that composition of industries changes and pollution reflects the new composition. We analyse the relative strength of the hypotheses by means of an environmental CGE-model, and in the case of air pollution find support for a composition effect in favour of clean industries. Thanks to the composition effect, emissions to air of greenhouse gases fall. Emissions of particles and SO 2 also fall, but emissions of NO x and VOC rise. Since particle and SO 2 -emissions fall we estimate that public health improves. (author)

  8. Mixed WTO ruling on generic drug development.

    Science.gov (United States)

    Elliott, R

    2000-01-01

    On 17 March 2000, the World Trade Organization upheld the provision in Canada's patent laws that allows generic drug manufacturers to develop (but not sell) their cheaper versions of patented medicines before the 20-year patients expire. The decision prevents pharmaceutical companies from enjoying market monopolies beyond their patent terms, avoiding what would otherwise be even lengthier delays in the sale of cheaper, generic drugs in Canada. This decision is of significance not only to Canada, but also to other WTO member countries and to all individuals who use pharmaceutical products. However, the decision is not all positive: the WTO also ruled that Canada is violating international agreements by letting generic manufacturers stockpile their versions of patented drugs before patents expire. This article explains the issues, the arguments, and the decision.

  9. The WTO Agenda and the Media Agenda

    DEFF Research Database (Denmark)

    Andersen, Rune Saugmann; Skjoldan, Lasse

    ’ (DDA) negotiations. While the DDA was set off in 2001 and was intended to be concluded by the end of 2004, the multilateral negotiations are in the end of 2007 still short of agreement. This thesis conceives of the media agenda as an important factor influencing trade policy formation and trade...... negotiation in the WTO. Combining elements from agenda-setting and institutional media theory, the study examines which issues and themes have been covered (priming) and from which angles these issue have been covered (framing). In particular, this thesis investigates the degree to which this priming...... as the ones who should liberalise. When this particular press coverage of the DDA is highly institutionalised, it means that it will be sticky and less prone to change. And because the media agenda is taken to affect the WTO agenda, the actors who are (dis)advantaged from this particular coverage in the press...

  10. WTO: challenges for the next 20

    OpenAIRE

    Thorstensen, Vera Helena

    2015-01-01

    International trade is facing some significant challenges: a serious deadlock to conclude the last round of the multilateral negotiation at the WTO, the fragmentation of trade rules by the multiplication of preferential and mega agreements, the arrival of a new model of global production and trade leaded by global value chains that is threatening the old trade order, and the imposition of new sets of regulations by private bodies commanded by transnationals to support global value chains and ...

  11. Die WTO in Hongkong: Zwischenergebnisse einer "Entwicklungsrunde"

    OpenAIRE

    Küblböck, Karin; Six, Clemens

    2006-01-01

    Die sechste Ministerkonferenz der Welthandelsorganisation (WTO), die von 13. bis 18. Dezember 2005 in Hongkong stattfand, war mit dem Anspruch angetreten, die Agenda der Doha-Entwicklungsrunde, also die B erücksichtigung der Interessen und ökonomischen Bedürfnisse der Entwicklungsländer und insbesondere der am wenigsten entwickelten Staaten, um wesentliche Schritte im Hinblick auf einen erfolgreichen Abschluss voranzubringen. Die Ergebnisse sind vor dem Hintergrund des Anspruches dieser Verha...

  12. WTO Reform: Background, Conditions and Prospects

    Directory of Open Access Journals (Sweden)

    Tatyana M. Isachenko

    2016-01-01

    Full Text Available Maximizing the benefits of international division of labor and sharing the achievements of innovative development is possible only with the existence of a strict system of rules and regulations. Such system would enable fair regulation of international trade, ensure the transparency of market access and make it possible to challenge discriminatory measures, as well as to maintain certain measures to protect the interests of domestic producers. The creation of the multilateral trading system has started with the General Agreement on Tariffs and Trade (GATT and was subsequently developed in the documents and codes, the decisions of the negotiating rounds. Since 1995, a set of rules of the World Trade Organization (WTO became the basis of the multilateral trading system. All rules are worked out at the multilateral level. However, in recent years the negotiations within the WTO has slowed down, that affected the quality and speed of decision-making on key issues of global development. That provokes the discussion it on a certain crisis of the WTO as the main regulator of world trade, and therefore the need to provide both institutional and substantive reforms.

  13. APEC's Contribution to WTO: Korea's Strategy

    Directory of Open Access Journals (Sweden)

    Wook Chae

    1998-06-01

    Full Text Available Differential measures towards countries out of the region can threaten the multilateral system and this could be an implicit factor in regionalism. But from the other prospect, economical cooperation among regions would increase the economic welfare and strengthen WTO free trade system. Open Regionalism impelled by WTO can be regarded as a typical example of this. By boosting the liberalization of regional trade investment, APEC promotes the unification of global economy also facilitate the establishment of international economical order. Meanwhile, APEC helps WTO, which aims at free and fair trade, quite a lot. At the same time, by balancing competition and corporation between regions, APEC also remedies several problems of multilateral system which are mainly problems with competition. Korea should be involved positively in implementing and improving the plans which are executed both individually or together in order to promote the in-discrimination in the early stage and extend the idea of open regionalism and win the trust of the foreign countries and improve the commercial environment.

  14. ALTERNATIVE DISPUTE RESOLUTION

    Directory of Open Access Journals (Sweden)

    Mihaela Irina IONESCU

    2016-05-01

    Full Text Available Alternative dispute resolution (ADR includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC No 2006/2004 and Directive 2009/22/EC (hereinafter „Directive 2013/11/EU” aims to ensure a high level of consumer protection and the proper functioning of the internal market by ensuring that complaints against traders can be submitted by consumers on a voluntary basis, to entities of alternative disputes which are independent, impartial, transparent, effective, simple,quick and fair. Directive 2013/11/EU establishes harmonized quality requirements for entities applying alternative dispute resolution procedure (hereinafter "ADR entity" to provide the same protection and the same rights of consumers in all Member States. Besides this, the present study is trying to present broadly how are all this trasposed in the romanian legislation.

  15. Institut Pasteur v. United States: the AIDS patent dispute, the Contract Disputes Act and the international exchange of scientific data.

    Science.gov (United States)

    Singer, H L

    1989-01-01

    In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit. The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act. Soon after the Court of Appeals decision, President Reagan and Prime Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggest that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.

  16. THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION

    Directory of Open Access Journals (Sweden)

    Sri Praptianingsih

    2017-06-01

    Full Text Available Article Number 6 of 2014 clauses 37 verses (5 and (6 provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a need to build juridical system in handling dispute of village head election; (b the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR and Focus Group Discussion (FGD methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.

  17. Trade and public health: the WTO, tobacco, alcohol, and diet

    National Research Council Canada - National Science Library

    McGrady, Benn

    2011-01-01

    .... This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves"--

  18. WTO — The knowledge deficit in trade negotiations | CRDI - Centre ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    The ferocity of negotiations in the World Trade Organization (WTO) was on display again at the Fifth WTO Ministerial Conference, held in Cancún, Mexico from September 10 to 14. The intensity of the negotiations reflects more than a clash of opinions about free trade. It gives expression to a deep and dangerous power ...

  19. WTO uks läks Venemaa ees lukku

    Index Scriptorium Estoniae

    2008-01-01

    Pärast Gruusia konflikti USA kaubandusministri Carlos Gutierreze Venemaa WTO-sse astumise vastast avaldust ütles Venemaa lahti mitmest WTO-ga sõlmitud lepingust ning on juba varemgi loobunud läbirääkimiste käigus järeleandmiste tegemisest

  20. WTO agreements and public health: a joint study by the WHO and the WTO Secretariat

    National Research Council Canada - National Science Library

    2002-01-01

    ... policymakers can benefit from closer cooperation to ensure coherence between their different areas of responsibilities. In both the WHO and the WTO questions of trade and public health feature high on the agenda, and significant advances have been made in the recent past. The endorsement by the international community of the Doha Declaration on...

  1. Sound Settlements

    DEFF Research Database (Denmark)

    Mortensen, Peder Duelund; Hornyanszky, Elisabeth Dalholm; Larsen, Jacob Norvig

    2013-01-01

    Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice......Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice...

  2. 论世贸组织争端解决机制中的赔偿救济——以发展中国家为视角%From Formal Justice to Material Justice——On the Compensation Remedy in the Dispute Settlement Mechanism of WTO

    Institute of Scientific and Technical Information of China (English)

    徐学银

    2007-01-01

    世贸组织争端解决机制(DSM)是富有成效的,作为弱势一方的发展中成员在此机制下能够寻求到比较公正的裁决,即DSM能做到形式上的正义.但是,由于DSM本身缺乏实施能力,即使发展中国家的申诉要求得到了世贸组织正式裁决的支持,也难以在裁决的执行上取得应得的实质性收益,也就是说,DSM难以实现实质正义.文章系统地分析了DSM执行机制的实质不正义之处以及实现DSM执行机制的实质正义的途径--在世贸组织争端解决机制中嵌入赔偿救济;并阐述赔偿救济的具体制度.

  3. FORMS AND MECHANISMS OF LAW DISPUTE RESOLUTION USING THE PRINCIPLE OF PANCASILA BASED ON LOCAL WISDOM

    Directory of Open Access Journals (Sweden)

    Muhammad Taufiq

    2016-01-01

    Full Text Available Dispute resolution in the society should be solve by the value of local wisdom. Substantially, the value of local wisdom in Banyumas have synergy with the principle of Pancasila as the source of all law source. This study uses qualitative descriptive study specifications. The test method is done by triangulation of data sources and data were analyzed using content analysis method by way of presenting data in the form of narrative text. The result is there are four types of local wisdom Banyumas which is a resource for the settlement of legal disputes that occur in society that is the tradition cablaka/ blakasutha/ thokmelong, egalitarian, rembugan traditions, and Ponco Waliko principles. While the forms of alternative dispute resolution is to use models Judge Partikulir, mediation lines, and Settlement Conference. The mechanism is made through rembugan process, the use of a mediator, the institutionalization of dispute resolution, and the execution of the verdict.

  4. Competing Transnational Regimes under WTO Law

    Directory of Open Access Journals (Sweden)

    Carola Glinski

    2014-02-01

    Full Text Available Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as “international standards” under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to “international standards” in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant “international standard” may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.

  5. WTO new round agreement and nuclear

    International Nuclear Information System (INIS)

    Lee, M. K.; Moon, L. H.; Kim, S. S.

    2002-01-01

    The start of new round of WTO could be recognized as a turning point shifting from bilateral or regional trade system to multilateral trade system worldwide. The changes in international trade system are expected to have some impact on the Korean nuclear industry. The purpose of this study is to understand the impact on prepare opening the market for the plant design and engineering. This market has been protected by Agreement on Government Procurement(AGP). However, this market will be eventually influenced by GATS(General Agreement on Trade in Services) with KEPCO's on going privatization being completed. There have been no impacts on R and D fund provided by the government as yet. However, in case of Government supported R and D for commercial purpose, there are much concerns to be discussed further within new WTO agreement. It is necessary to develop a strategy for maximizing national interests and promoting R and D in the negotiation for design and construction services related with nuclear industry, and energy services. Furthermore, to effectively explore new nuclear markets in developing countries including China, market analyses for their countries are required

  6. Sound Settlements

    DEFF Research Database (Denmark)

    Mortensen, Peder Duelund; Hornyanszky, Elisabeth Dalholm; Larsen, Jacob Norvig

    2013-01-01

    Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice...

  7. Protection of industry competitiveness, climate policy, and WTO

    International Nuclear Information System (INIS)

    Cros, Ch.

    2007-01-01

    This report analyses the possibilities left by the WTO to its members to compensate an additional cost which would result from a policy of struggle against climate change. In a first part, the author identifies the existing possibilities within WTO rules themselves: rules based of production processes, border tax adjustments, subsidies. In a second part, he questions the exception regime established by the GATT's article X X which allows under some circumstances some measures to be implemented which are not compliant with WTO rules

  8. Trade Disputes over Renewable Energy Supporting Policies: Recent Cases, WTO Rules, and Possible Solutions

    DEFF Research Database (Denmark)

    Zhu, Xianli

    2011-01-01

    Increasing concerns about climate change impacts and the high oil prices have made many countries include promoting renewable energy use their national sustainable development strategies. One frequently mentioned barrier to increasing the transition toward renewable energy in many countries is lack...... change mitigation actions under the principle of ‘common but differentiated responsibilities’. So it would be logic to assume that if a country helps lower the prices of renewable energy technologies and somehow subsidies the renewable energy use in other countries, such efforts will be more than welcome...

  9. Dispute resolution and “environmental” provisions in the WTO: promising developments for environmental matters

    Directory of Open Access Journals (Sweden)

    Natalia Rodríguez Uribe

    2011-01-01

    Full Text Available En la actualidad, la política internacional tiende hacia la unificación económica y cultural (globalización, en la cual la totalidad de las naciones se encuentran vinculadas por interacciones comerciales. Para que los compromisos adquiridos en materia de protección ambiental sean respetados, el derecho ambiental debe dejar de ser considerado como una disciplina separada y buscar sinergias que le permitan convertirse en un actor importante en las relaciones comerciales. En el presente ensayo se argumenta que el comercio internacional y el derecho ambiental han coevolucionado en las últimas tres décadas, hasta llegar a un balance en el concepto de desarrollo sostenible. Este artículo explora esta coevolución, mientras propone que la Organización Mundial del Comercio (OMC puede jugar un importante rol en el cumplimiento de los objetivos internacionales de protección ambiental si sus disposiciones “verdes” y su sistema de resolución de conflictos son utilizados para promoverlos, tal como está sucediendo. Para ilustrar este punto, se presenta un breve resumen de los tratados comerciales y ambientales suscritos desde los años setenta, seguido de una explicación de las disposiciones legales de la OMC que pueden ser consideradas como “verdes”, con el fin de hallar puntos de convergencia que puedan ser utilizados por los países miembros no solo para justificar la adopción de normativas domésticas de protección ambiental, sino también para instar a los otros signatarios en el cumplimiento de sus obligaciones en esta área.

  10. 77 FR 27669 - Request for Public Comment on Settlement Part Program

    Science.gov (United States)

    2012-05-11

    ... Labor's Occupational Safety and Health Administration (OSHA) and to reduce litigation costs. The Settlement Part program is a form of alternative dispute resolution (ADR) under which larger contested OSHA..., such a case is first assigned to a ``Settlement Judge'' who will issue a discovery order and supervise...

  11. Human settlements

    CSIR Research Space (South Africa)

    Van Niekerk, Cornelia W

    2017-09-01

    Full Text Available risk of deaths and injuries by drowning in floods and migration- related health effects. • Increased migration, which can result in human suffering, human rights violations, conflicts and political instability. • Loss of property and livelihoods.... The vulnerability of settlements in southern Africa is impacted by various and complex socio-economic processes related to the cultural, political and institutional contexts and demographic pressure, as well as specific high-risk zones susceptible to flash floods...

  12. Advancing LDCs Interests in the WTO: Strengthening Participation ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    The World Trade Organization (WTO) Ministerial Conference, held in Nairobi from ... It will include: (i) rigorous evidence-based research on the trade interests of LDCs; ... The Honourable Chrystia Freeland, Minister of International Trade, ...

  13. Milline saab olema uuenenud WTO põllumajandusleping? / Ruve Schank

    Index Scriptorium Estoniae

    Šank, Ruve, 1954-

    2003-01-01

    Uuenenud WTO põllumajanduslepinguga hakkab riiklik toetus üha vähem olema seotud tootmisega, selle asemel toetatakse lihtsalt maal elamist ja seal töötamist põllumajandusega mitte otseselt seotud aladel

  14. South China Sea Dispute

    OpenAIRE

    Tanderup, Kasper Buch; Grinderslev, Emil Juhler; Tønnesen-Højbjerg, Asser Laurits Svend

    2017-01-01

    China is rising rapidly in terms of economics, military spending, sphere of influence and claims to in their view former territory. This paper has aimed to discuss the latter through analysis of the present dispute concerning islands and maritime territory in the South China Sea. The Chinese have become increasingly assertive in their claims formulated through a U-shaped line entailing most of the area within the South China Sea. The claims are contested by Vietnam, the Philippines, Indonesia...

  15. ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Ruxandra I. CHIRU

    2017-05-01

    Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.

  16. Perspektywy zakończenia Rundy Katarskiej w ramach WTO

    OpenAIRE

    Majchrowska, Elżbieta

    2010-01-01

    Praca recenzowana / peer-reviewed paper The article deals with the main issues of WTO trade liberalization and it describes the key points of the negotiations during Doha Development Agenda. It shortly shows the main points of the history of discussions between partners (i.e. “The July 2004 package”, WTO Ministerial Conference in Hong Kong), better and worse moments of that process but it especially concentrates on the last Mini-Ministerial Conference, which took place in Ju...

  17. Getting past the WTO deadlock : The plurilateral option ?

    OpenAIRE

    WOOLCOCK, Steve

    2013-01-01

    The WTO’s Doha Development Agenda (DDA) negotiations are blocked. After repeated attempts to make progress, trade ministers have called for exploring new approaches to negotiations. This has been interpreted by some as clearing the way for plurilateral negotiations between subsets of like-minded WTO members and that need not apply or benefit all WTO members. This paper discusses a number of questions that arise with respect to plurilateral agreements and argues that in light of the very low ...

  18.   Border Carbon Adjustments, the UNFCCC and WTO Rules

    DEFF Research Database (Denmark)

    Nielsen, Laura

    2010-01-01

      My presentation on Trade and Climate Change concludes that border carbon adjustments can be consistent with both the climate change and WTO rules - depending of course on their design - but that they are not necessarily attractive. ......  My presentation on Trade and Climate Change concludes that border carbon adjustments can be consistent with both the climate change and WTO rules - depending of course on their design - but that they are not necessarily attractive. ...

  19. Overview of alternative dispute resolution in healthcare disputes.

    Science.gov (United States)

    Saravia, A

    1999-01-01

    Various methods of alternative dispute resolution have gained wide acceptance in general commercial disputes. With the ever-increasing commercialization of the healthcare industry, many participants are examining ADR as a means of resolving disputes in this area as well. This Commentary provides an overview of the two most prevalent forms of ADR (arbitration and mediation), and discusses ongoing legislative, judicial, and industry activities that will guide the application of ADR in the healthcare arena.

  20. 17 CFR 166.5 - Dispute settlement procedures.

    Science.gov (United States)

    2010-04-01

    ... or directly connected with any transaction for the purchase or sale of any commodity for future... notice must be given at the time when the Commission registrant notifies the customer of an intention to...

  1. An Analysis of the Dispute Settlement Mechanism under the

    African Journals Online (AJOL)

    user

    This article examines and evaluates the consumer redress mechanism, .... 23 The behaviour or conduct must be prohibited in terms of the Competition Act ...... appropriate orders and provide "sufficient" remedies to avoid the involvement of the.

  2. An Analysis of the Dispute Settlement Mechanism under the

    African Journals Online (AJOL)

    user

    informed and empowered consumers are a powerful social and economic force in .... agent, a provincial consumer protection authority, or a consumer court. 35. The .... The constitutional grounds for discrimination include age, sex, religion, colour,.

  3. The mutual agreement procedure and arbitration of double taxation disputes

    Directory of Open Access Journals (Sweden)

    Ilias Bantekas

    2008-10-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relating to the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting in the negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played by the parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how these mechanisms relate and/or conflict with bilateral tax treaties and the GATS.

  4. Justice Dispensation through the Alternative Dispute Resolution System in India

    Directory of Open Access Journals (Sweden)

    Krishna Agrawal

    2014-01-01

    Full Text Available The Law Commission of India in its 222nd report emphasized the need for Alternative Disputes Resolution (ADR for the dispensation of justice, because the courts are inaccessible owing to various factors, e.g., poverty, social and political backwardness, illiteracy, ignorance, procedural formalities and inordinate delay in judgments. During the ancient period the disputes were resolved in an informal manner by neutral third persons or people’s court in villages and it continued till the middle of the 20th century. Unfortunately, after the Independence of India in 1947, this system was dissuaded and the government permitted to continue the adversarial system of justice. In 1980, a committee was set up. It recommended Lok Adalats (People’s Courts. In 1987, the Legal Services Authorities Act was enacted. This Act obligates the states to provide free legal aid to poor persons. Besides this, the Act provides for the establishment of permanent Lok Adalats.This is one of the important modes of ADR. Lok Adalats have been established in all the districts of the country. They bring conciliatory settlement in complicated cases arising out of matrimonial, landlord-tenants, property, insurance and commercial disputes. There are four methods of ADR, viz., negotiation, mediation, conciliation and arbitration. Mediation and arbitration are widely preferred. They are alternatives to litigation. The Arbitration Act for the first time was enacted in 1889 and it was subsequently amended many times. On the objections raised by the Supreme Court of India and also on the adoption of UNCITRAL Model Law on International Commercial Arbitration, in 1996 Arbitration and Conciliation Act was enacted. This law is almost the same as is almost in all the countries.Further, the Government of India established International Centre for Alternative Disputes Resolution (CADR with the objectives of promotion, propagation, and popularizing the settlement of domestic and

  5. International Construction Disputes in Denmark

    DEFF Research Database (Denmark)

    Cavaleri, Sylvie Cécile

    2016-01-01

    The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments to the sys......The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments...

  6. Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles.

    Science.gov (United States)

    Sander, Frank E. A.

    1984-01-01

    The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)

  7. USA tõstis tõkkepuu Vene WTO-püüdlustelt / Krister Paris

    Index Scriptorium Estoniae

    Paris, Krister, 1977-

    2006-01-01

    USA ja Venemaa leppisid põhimõtteliselt kokku tingimustes, mille täitmise korral saab Venemaa WTO-ga liituda. Liitumise peavad heaks kiitma kõik WTO liikmesmaad, raskeks võib osutuda heakskiidu saamine Gruusialt

  8. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

    In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour...... studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies....

  9. Ukraine’s Accession to the WTO: Strategy and Impediments

    Directory of Open Access Journals (Sweden)

    Serhiy Lakhno

    2005-03-01

    Full Text Available This paper focuses on issues surrounding Ukraine’s internal efforts for WTO accession given the importance of completing the negotiation process prior to the December 2005 Hong Kong Ministerial Conference. The paper is divided into two sets of issues: first, Ukraine’s prospects of acquiring WTO membership, including procedural questions, in the near future, and second, the substantive conditions for completing the accession process and the associated problems that require immediate attention. Among other matters, the paper describes the current procedure for WTO accession and proposes an optimum scenario for Ukraine’s membership, identifying the necessary measures, timeframes and risks that threaten the prescribed tasks. It also highlights major institutional problems that are hindering the harmonization of Ukrainian laws with GATT/WTO rules and offers a WTO-consistent legislative and regulatory action plan with specific proposals on amending relevant laws. The paper also illustrates the major problematic aspects of multilateralism that are impeding the completion of the negotiations. Furthermore, the author offers several proposals concerning approaches to and techniques for addressing these challenging issues.

  10. The mutual agreement procedure and arbitration of double taxation disputes

    Directory of Open Access Journals (Sweden)

    Ilias Bantekas

    2008-12-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions oftransnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two disputesettlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relatingto the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting inthe negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played bythe parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how thesemechanisms relate and/or conflict with bilateral tax treaties and theGATS.

  11. Evaluation of the China's Entry into the WTO

    OpenAIRE

    Cao, Teresa Yanhong

    2002-01-01

    Background: After 15 years of negotiations and diplomatic struggle, China was finally given the formal approval to join the World Trade Organization as the 143rd member. China has been driving for years to join the WTO since that is a crucial part of its plan to reform its economy and to build the economic modernization. Purpose: The purpose of this thesis is to gain a general knowledge of China’s economic development, analysis advantages and disadvantages associated with China’s WTO members...

  12. WTO - den fjerde dimension i dansk international skatteret?

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2000-01-01

    På baggrund af en netop afgjort sag vedrørende beskatning af de amerikanske Foreign Sales Corporations (FSC), undersøges det hvordan WTO-aftalerne, herunder særligt subsidie-aftalen, kan få betydning for national skatteret.......På baggrund af en netop afgjort sag vedrørende beskatning af de amerikanske Foreign Sales Corporations (FSC), undersøges det hvordan WTO-aftalerne, herunder særligt subsidie-aftalen, kan få betydning for national skatteret....

  13. WTO ministerial conference adopts declaration on TRIPS and public health.

    Science.gov (United States)

    Elliott, Richard

    2002-03-01

    In November 2001, the 4th Ministerial Conference of the World Trade Organization adopted a Ministerial Declaration on public health and the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement"). The declaration represents a modest advance in addressing concerns that strict patent laws, and threats of trade sanctions, will be a barrier to most of the world's people with HIV/AIDS accessing affordable medicines. The full significance of the declaration remains to be seen, as it depends on what political impact it has at the WTO and on its member countries, and what legal impact it will have in the interpretation of the TRIPS Agreement.

  14. WTO approves TRIPS amendment on importing under compulsory licensing.

    Science.gov (United States)

    Herget, Greg

    2006-04-01

    On 6 December 2005, the World Trade Organization (WTO) amended the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement to allow WTO member states to produce, under compulsory licences, lower-cost generic pharmaceutical products for export to countries that lack domestic production capacity to make such products. The amendment makes permanent the previous decision of 30 August 2003, which has not yet proven to be an effective mechanism to encourage the supply of more affordable medicines and other pharmaceutical products to countries in need.

  15. The WHO/WTO study on trade and public health: a critical assessment.

    Science.gov (United States)

    Howse, Robert

    2004-04-01

    This article provides a brief critical examination of a 2002 report jointly issued by the World Health Organization and the World Trade Organization on WTO law and public health. The author argues that the report is in many respects misleading as to the content of WTO law, as interpreted by the Appellate Body of the WTO, its final court. In particular, the WHO/WTO report systematically understates or underestimates the margins of regulatory autonomy that WTO member states have to make regulations that protect public health.

  16. The tale of a Trojan horse or the quest for market access? China and the World Trade Organization

    Directory of Open Access Journals (Sweden)

    Sven Van Kerckhoven

    2014-01-01

    Full Text Available In 2001, China finally joined the WTO. The accession of China was looked forward to by many WTO members and China itself. However, observers had some fears that the Chinese accession would prove to be a Trojan horse, disrupting the working of the WTO. This paper looks into the Chinese accession and its involvement in the WTO Dispute Settlement and argues that these fears seem so far to be unfounded.

  17. Alternative Dispute Resolution to the Rescue.

    Science.gov (United States)

    Kassberg, Maria

    1989-01-01

    Examines the use of mediation and arbitration to settle civil disputes which have been traditionally settled through the courts. Discusses the advantages of alternative forms of dispute resolution. Describes the operations of dispute resolution centers and provides information about the individuals who serve as dispute mediators. (KO)

  18. The Impact of China’s WTO Accession on China-Japan-Korea Trade Relation, and its Policy Implications for Regional Economic Cooperation

    Directory of Open Access Journals (Sweden)

    Inkyo Cheong

    2001-06-01

    Full Text Available Because of the increased possibility of China's accession to the WTO due to the settlement of negotiations with the U.S. and EU, the world is interested in opening China’s domestic market and taking advantage of the opportunities. Existing papers about China’s entry into the WTO generally analyze the impact on China and the world economy based on his/her assumption of a hypothetical tariff reduction scenario. However, this paper systematically analyzes by sector and region the tariff reduction structures of 5,685 tariff lines that China will actually reduce up until 2005. Based on this, the author employs a computational general equilibrium model in order to estimate the impact of China's trade liberalization on the economies of Northeast Asia and the world economy. According to the results, China's trade liberalization will bring the greatest benefit to China itself and substantial export expansion for Korea and Japan. This paper also states that if these three countries promote economic cooperation using China's accession to the WTO as momentum, it will be necessary to think economic cooperation in the fiber and clothing industries, which are quite effectively promoting intra-regional trade and absorbing workers left unemployed by structural adjustments in China.

  19. Case of administrative dispute

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2015-11-01

    Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.

  20. Economies in transition and the WTO process / David Roberts

    Index Scriptorium Estoniae

    Roberts, David

    2004-01-01

    Ilmunud ka: Vozdeistvije protsessa VTO na selskoje hozjaistvo v ekonomitsheskihh sistemahh perehoda : 26-29 julja 2003 goda, Tallinn, Estonija : materialõ konferentsii. - Tallinn, 2004, lk. 141-152. Üleminekuperioodiga maade probleemidest põllumajanduse arendamisel seotuna WTO protsessiga. Vt. samas riikide ülevaadet. Graafikud. Diagrammid

  1. Latest News after the Creation of the WTO

    Directory of Open Access Journals (Sweden)

    Miquel Montañà i Mora

    1995-07-01

    Full Text Available The purpose of this paper is to examine whether the Agreement establishing the World Trade Organization (WTO has added any new elements to GATT’s institutional milieu. In the introduction, the paper highlights the fact that the man who first proposed the creation of the WTO during the Uruguay Round negotiations (former Italian Minister Renato Ruggiero was actually elected as the first Head of the Organization. It then analyses the objectives of WTO, its scope of application, its functions, the conditions for membership, its bodies, and the decision making procedure. The core conclusion of the article is that in spite of having been presented to the world as something new, the Agreement establishing the WTO does little more than turn GATT from a de facto international organization into a de iure organization. Apart from this development, the only changes worth mentioning are the abolishment of the grandfather clause and the protocol of provisional application. In addition, it is submitted that far from being an unexpected development, the creation of the WTOwas in fact one of the implicit objectives of the Uruguay Round, and a logical consequence of the process aimed at strengthening the multilateral trading system.

  2. The Bali Agreement: Implications for Development and the WTO

    Directory of Open Access Journals (Sweden)

    Christophe Bellmann

    2014-05-01

    Full Text Available At the most recent World Trade Organisation (WTO ministerial conference, in December 2013, in Bali, Indonesia, ministers from 160 countries concluded the first multilateral agreement ever negotiated under the auspices of the WTO. After five years of impasse in the moribund Doha Round of trade negotiations, the so-called “Bali package” was enthusiastically welcomed by the world’s governments and international press alike as a critical step towards restoring the credibility of the WTO as a negotiating forum. The centrepiece of the package is without doubt a new agreement on trade facilitation aimed at reducing red tape, and facilitating customs procedures in an effort to cut down the cost of doing business. Other — less far reaching — aspects of the deal focused on food security and a set of issues of particular interest to least developed countries including trade preferences or cotton subsidies. As the dust from the heated Bali negotiations settles, the main challenge for the WTO will now consist in building on this success to re-energise multilateral negotiations and ultimately close the Doha Round. In a world increasingly dominated by regional and bilateral free-trade agreements, members will have to confront the core issues that have divided them for nearly 15 years and find creative solutions to rehabilitate the WTO’s centrality in global trade governance.

  3. China’s Entrance to the WTO and Financial Reform

    Directory of Open Access Journals (Sweden)

    Ki-Soon Park

    2000-09-01

    Full Text Available The openness and liberalization of China’s financial market is expected to accelerate with her entrance to the WTO. China plans to carry out liberalization measures, including the expansion of the Renminbi business scope. Openness and liberalization will expedite the integration of internal and external sectors, thereby making the domestic financial market more vulnerable to environmental changes. Consequently, China should establish a strong financial system to efficiently cope with the contagion effects of an external financial crisis. However, China’s financial system is still very weak, mainly due to the enormous bad loans to SOEs (state-owned enterprises. Accordingly, the Chinese government should carry out financial reform measures such as strengthening the financial supervision system, dealing with bad bank loans and restructuring the financial institutions. On the whole, China’s entrance to the WTO is expected to have a positive influence on her financial sector by accelerating such reform policies as financial reform and SOE reform. Entrance to the WTO will make society recognize the necessity of reform and openness. The Chinese government can decide to push some difficult reform policies which would not have been considered without WTO entrance.

  4. WTO läbimurde ootel / Tõnis Arnover

    Index Scriptorium Estoniae

    Arnover, Tõnis, 1952-

    2006-01-01

    Maailma Kaubandusorganisatsioonis oodatakse Suure Leppe sündi, mis oleks kasulik ekspordist huvitatud avatud majandusega riikidele. Vt. samas: Tähtsamad huvigrupid WTO-s; Šveitsi valem kärbib kõrgeid tariife; Mauritius pelgab oma kaupade konkurentsivõime kahanemist; Eestit huvitavad tööstuskaupade eksportimise lisavõimalused; Mina sulle, sina mulle

  5. World Trade Organisation (WTO): Trade rules/agreements and ...

    African Journals Online (AJOL)

    The GATT (General Agreement on Trade and Tariffs) rules of 1947 were seen as prejudicial to the economic and development concerns of developing countries. With the coming into effect of World Trade Organization (WTO), it was expected that some of the concerns of the developing countries will be addressed.

  6. Disembedded Ideologies, Embedded Alternatives: Agricultural Biotechnology, Legitimacy, and the WTO

    Science.gov (United States)

    Mark J. Philbrick

    2006-01-01

    Notions of market embeddedness highlight the dependency of markets upon social, cultural, and political infrastructures for their operation and legitimation. In contrast, narrow interpretations of the World Trade Organization (WTO) agreements attempt to enshrine the primacy of free trade, institutionalizing the theoretical abstractions of neoclassical economics in a...

  7. English for International Trade: China Enters the WTO.

    Science.gov (United States)

    Pang, Jixian; Zhou, Xing; Fu, Zheng

    2002-01-01

    Reports on a survey into the impact of China's entry into the World Trade Organization (WTO) on business professionals and college English instruction. Individuals in business and trading companies from the five cities in Ahejiang province were polled on issues related to the learning and teaching of English with reference to China's entry into…

  8. Islamic Banking in Malaysia: Arbitration Resolution of Financial Disputes and Obstacles to its Spread

    Directory of Open Access Journals (Sweden)

    Elena V. Sitkareva

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results

  9. Facilitating Settlement at the Arbitration Table: Comparing Views on Settlement Practice Among Arbitration Practitioners in East Asia and the West

    Directory of Open Access Journals (Sweden)

    Shahla Ali

    2011-10-01

    Full Text Available This article presents a cross cultural examination of how international arbitrators in East Asian and Western countries view the goal of settlement in international arbitration. The result of a 115 person survey and 64 follow up interviews shed light on the underlying cultural attitudes and approaches to settlement in international arbitration as practiced in diverse regions. The findings indicate that arbitration practitioner’s perceptions of the frequency of compromise decision in international arbitration demonstrate a high degree of convergence across regions. At the same time, cultural and socio-economic distinctions are reflected in varying arbitrator perceptions regarding the arbitrators’ role in settlement, whether settlement is regarded as a goal in arbitration and the types of efforts made pre-arbitration to settle disputes. In particular, arbitrators working in the East Asian region regard the goal of facilitating voluntary settlement in the context of international arbitration with greater importance and generally make greater efforts pre-arbitration to settle disputes as compared with counterparts in the West.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1934138

  10. Alternative Methods of Collective Disputes Resolution in the Czech Republic

    Directory of Open Access Journals (Sweden)

    Hamuľáková Klára

    2016-10-01

    Full Text Available On 11 June 2013, the Commission issued the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning the violations of rights granted under Union law. The main areas where private enforcement of rights granted under Union law in the form of collective redress is of value are consumer protection, competition, environment protection, protection of personal data, financial services legislation and protection of investments. Point 13 of the Recommendation concurrently emphasises that the principles it puts forward relate both to judicial and out-of-court collective redress. The Member States should ensure that judicial collective redress mechanisms are accompanied by appropriate means of collective alternative dispute resolution available to the parties before and throughout the litigation. Point 25 et seq. of the Recommendation then contains special regulations concerning collective alternative dispute resolution and settlements. The purpose of this article is to evaluate if the current legislation on alternative dispute resolution in the Czech Republic meets the principles encompassed in the Recommendation or if radical legal changes need to be adopted.

  11. The Influences Of The Indonesian Culture In The Process Of Finding The Dominant Factor In The Dispute Resolution In The Indonesian Construction Contract

    Directory of Open Access Journals (Sweden)

    Aripurnomo Kartohardjono

    2017-12-01

    Full Text Available The Increasing of infrastructure development in Indonesia and the need of facilities and infrastructure for the resident and also upgrading and advancing the technology every subject need to have a proper contract and this may result in prolonged disputes when in to a project contract and disputes that are not handled carefully especially when associated with a broad of territory of Indonesia that has diverse cultures languages and customs. Referring to Act no. 18 1999 on Construction Services Act no. 30 1999 on Arbitration and Alternative Dispute Settlement and Act No.2 of 2017 concerning Construction Services that is Indonesia path of law for construction disputes settlement Legal culture in Indonesia among others consensus for consensus as one of the legal component also greatly affect the work of the legal system. Attitudes of eastern society that put forward the values of harmonization for the application of law in solving the problem. The eastern people tend to reject the application of the third party to solve the construction dispute because the court is considered as the rifters of social relations of society. The value of harmony and tend to close the problem is the culture of the eastern society and this is certainly very different from the way of view and attitude of western society in looking at the law. The modeling given the variables which need to be observed so that the conflicts can be minimized. The results of the questionnaires modeled with the model proved statistically to provide information that dispute resolution with the dispute board is the preferred system of society in the scope of the study area. This is to increase awareness or prevent the happening of dispute. So dispute resolution could resolve quickly and appropriately and must be handled from the beginning of contract by independent experts trusts and people respect to it. So the project continues but the settlement of claims and or disputes is still being

  12. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

    In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour......, and other kinds of material or symbolic assets? Seven essays by Scandinavian scholars are supplemented by contributions from Stephen White, John Hudson and Gerd Althoff, to provide a new baseline for discussing both the strategies pursued in the political game and those used to settle local disputes. Using...... practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute...

  13. Mediation for resolving family disputes

    Directory of Open Access Journals (Sweden)

    Kamenecka-Usova M.

    2016-01-01

    Full Text Available Nowadays the understanding of the institute of marriage and its importance in the society has changed. Marriage is no longer assumed to be a commitment for a lifetime. As the principle of equality has replaced hierarchy as the guiding principle of family law it gave more grounds for family disputes and it became socially acceptable to leave marriages that are intolerable or merely unfulfilling. The aim of this article is to suggest an alternative dispute resolution method-mediation as a worthy option for resolving family conflicts.

  14. A WORLD-SYSTEMS PERSPECTIVE OF THE WTO DOHA DEVELOPMENT ROUND

    OpenAIRE

    Panagakou Georgopoulou, Ilia

    2013-01-01

    The following study is an historical analysis of the WTO Doha Round negotiations using a world-systems perspective. The thesis tries to answer the following research question: why is the Doha Development Round not producing the desired and expected results? To answer this question, this study has used primary material from the WTO online archives, especially from the biennial sessions of the Ministerial Conference, in order to assess WTO member states’ positions on the topics discussed, as we...

  15. WTO+ commitments on services in Asian PTAs: The role of regulatory homogeneity and goods trade complementarity

    OpenAIRE

    Shingal, Anirudh; Ro, Martin; Sauvé, Pierre

    2018-01-01

    This paper looks at the role of applied services regulations in accounting for WTO+ commitments on trade in services in preferential trade agreements (PTAs) among Asian economies. The empirical findings suggest that Asian trading dyads with regulatory frameworks that are more similar and more trade-restrictive tend to undertake higher levels of WTO+ commitments on services in their PTAs. There is also evidence in the results for such WTO+ commitments being driven by goods trade complementarit...

  16. 48 CFR 25.504-2 - WTO GPA/Caribbean Basin Trade Initiative/FTAs.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false WTO GPA/Caribbean Basin... 25.504-2 WTO GPA/Caribbean Basin Trade Initiative/FTAs. Example 1. Offer A 304,000 U.S.-made end... the acquisition is covered by the WTO GPA and there is an offer of a U.S.-made or an eligible product...

  17. Environmental implications of China's WTO accession

    Energy Technology Data Exchange (ETDEWEB)

    Vennemo, Haakon; Aunan, Kristin; He, Jianwu; Hu, Tao; Li, Shantong; Rypdal, Kristin

    2005-07-01

    China's accession to the WTO in 2001 completed the country's entry into the global economy. We investigate environmental implications of WTO-accession. There are several hypotheses in this area: The scale hypothesis says that production is scaled up and in turn, pollution increases. The composition hypothesis says that composition of industries changes and pollution reflects the new composition. The technique hypothesis says that production methods become cleaner and pollution decreases. We analyze the relative strength of the hypotheses by means of an environmental CGE-model, and in the case of air pollution find support for a composition effect in favor of clean industries. Thanks to the composition effect, emissions to air of greenhouse gases fall. Emissions of particles and SO2 also fall, but emissions of NOx and VOC rise. Since particle and SO2-emissions fall we estimate that public health improves (author)

  18. Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

    Directory of Open Access Journals (Sweden)

    Jung Woo Kwon

    2017-07-01

    Full Text Available Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

  19. WTO kokkulepe viib piima hinna alla / Silja Lättemäe

    Index Scriptorium Estoniae

    Lättemäe, Silja, 1952-

    2005-01-01

    18. detsembril 2005. a. Hongkongis toimunud Maailma Kaubandusorganisatsiooni (WTO) tippkohtumisel saavutatud põllumajanduse-alaseid kokkuleppeid kommenteerib põllumajandusministeeriumi asekantsler Andres Oopkaup

  20. MECHANISMS OF DOMESTIC FOOD SUPPORT IN THE WTO

    Directory of Open Access Journals (Sweden)

    Марина Львовна Яшина

    2014-05-01

    Full Text Available After Russia has become a member of WTO it influenced on the position of native producers and requires some supporting action from the government.The purpose of this research is to offer opportunities to support the producers and agroprocessors on the terms of WTO.The scientific importance of this research consists in proving that Russian agriculture needs government support based on the nature of market economics and theUSexample as the world’s largest agricultural producer. Practical importance consists in exploring and improving specific events that are held inUlyanovskregion on the terms of WTO’s regulations.Problems of food security are considered from the position of the unity of theory and practice based on macroeconomic and microeconomic approaches. General scientific methods of cognition and traditional methods of economic analysis are used in the article.General results of the research: opportunities to support AIC on the terms of WTO are designated; particular qualities of government support for agro producers in the USA are analyzed; types and forms of supporting native producers and agroprocessors in Ulyanovsk region are considered. Conclusion of the need of improving support of AIC in the way as native food assistance is made.DOI: http://dx.doi.org/10.12731/2218-7405-2013-9-100

  1. 48 CFR 5452.233-9001 - Disputes: Agreement To Use Alternative Dispute Resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... Alternative Dispute Resolution (ADR). 5452.233-9001 Section 5452.233-9001 Federal Acquisition Regulations... of Provisions and Clauses 5452.233-9001 Disputes: Agreement To Use Alternative Dispute Resolution... Alternative Dispute Resolution (ADR) (APR 2001)—DLAD (a) The parties agree to negotiate with each other to try...

  2. The practice of mediation to resolve clinical, bioethical, and medical malpractice disputes.

    Science.gov (United States)

    Lee, Danny W H; Lai, Paul B S

    2015-12-01

    Mediation is a voluntary process whereby a neutral and impartial third party-t-he mediator--is present to facilitate communication and negotiation between the disputing parties so that amicable settlements can be agreed. Being confidential and non-adversarial in nature, the mediation process and skills are particularly applicable in clinical practice to facilitate challenging communications following adverse events, to assist bioethical decision making and to resolve disputes. Mediation is also a more effective and efficient means of dispute resolution in medical malpractice claims when compared with civil litigation. Health care mediation teams should be set up at individual facilities to provide education and consultation services to frontline staff and patients. At a community level, the Government, the mediation community, and the health care professionals should join forces to promote mediation as a means to settle medical malpractice claims outside of the courtroom.

  3. Evaluation of the third-party mediation mechanism for medical disputes in China.

    Science.gov (United States)

    Zhao, Min

    2011-09-01

    Medical disputes have been increasing in recent years in China, which cause growing tension between doctors and patients. In many locations, it has started as a practice of exploring diversified dispute settlement methods. Great importance has been attached to the non-lawsuit model through third-party mediation, which might have been led by professional organizations, insurance companies, People's Mediation Committees, or three-level governmental authorities. Those have contributed to a rapid effective resolution of medical disputes. However, there are some deficiencies that need to be addressed and fixed up, thus calling for improvement, such as the lack of a sustainable supporting mechanism, unclear legal status of the mediation institutions and mediation agreements, patching up a quarrel by only compensation.

  4. Supporting Children to Resolve Disputes

    Science.gov (United States)

    Church, Amelia; Mashford-Scott, Angie; Cohrssen, Caroline

    2018-01-01

    Teacher intervention in children's disputes most commonly features cessation strategies, despite evidence showing the value of modelling problem-solving behaviours. Existing research has categorized strategies used by teachers in early childhood settings, but in this article we aim to illustrate how these practices are realized. Using the method…

  5. Legitimacy of anti-Russia sanctions and response measures within the membership in the WTO

    Directory of Open Access Journals (Sweden)

    Liliya Andreyevna Travina

    2016-12-01

    Full Text Available Objective to determine the degree of legitimacy of the imposed antiRussian sanctions and retaliatory measures from the point of view of the World Trade Organization to assess the prospects of a possible recourse to the dispute settlement body. Methods this goal is achieved through both general and special scientific methods. The general scientific methods used by the author include induction deduction systematic method synthesis and generalization. The author uses formal legal method for the interpretation of the law. In addition the historical method is applied to the study of the history of economic sanctions. Results it was concluded that formally the imposed sanctions conform to the right of the World Trade Organization though the provision that stipulates them is very extensive. In addition it is argued that Russia39s response can be justified by the same provision as the antiRussian sanctions but at the same time the Russian position is more advantageous due to a number of other provisions of the World Trade Organization. It is also concluded that the positive prospects of resolving the conflict in the framework of the dispute settlement body are unlikely. Scientific novelty the article studies the law of the World Trade Organization and the national legislation of the parties to the conflict on the research question analyzes a wide range of domestic and foreign scientific works and proposes the author39s definition of economic sanctions which refers to the set of actions of restrictive nature in the framework of economic activities used by one party the subject of sanctions against another the target and aimed at forced correction of their political course. Practical significance the basic provisions of the article can be used in the research activities on the legality of antiRussian economic sanctions and retaliatory measures within the right of the World Trade Organization. In addition the work may be of interest to practitioners and

  6. 22 CFR 226.90 - Disputes.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Disputes. 226.90 Section 226.90 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Miscellaneous § 226.90 Disputes. (a) Any dispute under or relating to a grant or agreement shall...

  7. Alternative dispute resolution mechanisms, plea bargain and ...

    African Journals Online (AJOL)

    Conflicts, disputes, disagreements, problems and issues are inevitable in human affairs. Most of these disputes and problems in some circumstances give rise to offences for which a criminal prosecution becomes necessary. One can say that Alternative Dispute Resolution (ADR) is used all round the world to resolve ...

  8. 76 FR 50286 - Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments

    Science.gov (United States)

    2011-08-12

    ...., subsidies, standards and technical regulations, sanitary and phytosanitary measures, government procurement... Concerning China's Compliance With WTO Commitments AGENCY: Office of the United States Trade Representative. ACTION: Request for comments and notice of public hearing concerning China's compliance with its WTO...

  9. 78 FR 49787 - Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments

    Science.gov (United States)

    2013-08-15

    ..., standards and technical regulations, sanitary and phytosanitary measures, government procurement, trade... Concerning China's Compliance With WTO Commitments AGENCY: Office of the United States Trade Representative... with its WTO commitments. SUMMARY: The interagency Trade Policy Staff Committee (TPSC) will convene a...

  10. Alternative Dispute Resolution – Justice without Trial?

    Directory of Open Access Journals (Sweden)

    Angelica Roşu

    2012-05-01

    Full Text Available This research is proposed to analyze the alternative means of dispute resolution, as an alternativeof justice, or as a justice alternative, after studying both European critical literature and national one. Thephrase „alternative dispute resolution” means any alternative way of dispute resolution method whereby two ormore people try using a third party to reach a solution to the problem that precludes them, whether it ismediation, conciliation, assisted negotiation. In this research, we proposed to use the observation as a commonmethod. We concluded that the main reason of the alternative means for dispute resolution results from thepossibility to avoid the judicial system that makes it available for the litigants. It was also shown that users ofalternative means for dispute resolution not seek to resolve the dispute outside a court as an amicablesettlement, negotiated, consensual of their dispute.

  11. 78 FR 49789 - Request for Comments and Notice of Public Hearing Concerning Russia's Implementation of Its WTO...

    Science.gov (United States)

    2013-08-15

    ... its obligations as a Member of the World Trade Organization (WTO). SUMMARY: The interagency Trade... the WTO are contained in the Marrakesh Agreement Establishing the World Trade Organization (WTO... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Request for Comments and Notice of Public Hearing...

  12. On International Trade in Educational Services: An Interpretation of the Regulations and China's WTO Commitments

    Science.gov (United States)

    Jin, Xi-bin

    2006-01-01

    The "General Agreement on Trade in Services" (GATS) of the World Trade Organization (WTO) covers educational trade services. Hence, all the regulations of the GATS have to be followed in the international trade of educational services. Having acceded to the WTO, China is starting to fulfill the rights and obligations as a member by…

  13. Heterogeneous trade agreements, WTO membership and international trade : an analysis using matching econometrics

    NARCIS (Netherlands)

    Kohl, Tristan; Trojanowska, Sofia

    2015-01-01

    This article explores the heterogeneous effects of trade agreements (TAs) and World Trade Organization (WTO) membership on the volume of international trade. We extend Baier and Bergstrand’s (2009a) application of matching econometrics by distinguishing between different types of TAs and WTO

  14. Subsidy regulation in WTO Law : Some implications for fossil fuels and renewable energy

    NARCIS (Netherlands)

    Marhold, Anna

    2016-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  15. Subsidies in WTO Law and Energy Regulation : Some Implications for Fossil Fuels and Renewable Energy

    NARCIS (Netherlands)

    Marhold, Anna

    2018-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  16. The choice of strategic trade policy in China under the WTO frame

    Institute of Scientific and Technical Information of China (English)

    陆长春; 唐丹; 王新辉; 张德晖

    2007-01-01

    This text first elaborated the core thought and apply condition of the strategic trade policy first;secondly Put the strategic trade policy and WTO rule together to carry on analysis;finally,Combine the concrete circumstance of China,Put forward several suggestions on carrying out a strategic trade policy under the WTO frame。

  17. Reconciling regulatory space with external accountability through WTO adjudication : trade, environment and development

    NARCIS (Netherlands)

    Weimer, M.

    2017-01-01

    This article argues in favour of broadening the trade and environment debate in the World Trade Organization (WTO) to include a developmental perspective. WTO litigation involving environmental regulation touches upon the issue of global justice and the power asymmetries structurally embedded in the

  18. A critque of the WTO jurisprudence on ‘necessity’ / Gisele Kapterian

    Index Scriptorium Estoniae

    Kapterian, Gisele

    2010-01-01

    Artikkel uurib kohtupraktika põhjal, kas WTO seadusandlus arvestab piisavalt kaubanduse liberaliseerimise ja õigusnormide autonoomiaga ning kas legitiimsus ja läbipaistvus on tagatud. WTO lepingutest: üldine tolli- ja kaubanduskokkulepe (GATT - General Agreement on Tariffs and Trade); sanitaar- ja fütosanitaarmeetmete rakendamise leping (SPS - Sanitary and phytosanitary measures) ; tehniliste kaubandustõkete leping (TBT - Technical barriers to trade)

  19. The Influence of China's Entry into the WTO on Its Education System

    Science.gov (United States)

    Ding, Xiaohao; Yue, Changjun; Sun, Yuze

    2009-01-01

    The entry of China in the World Trade Organization (WTO) in 2001 holds a number of promises for educational services. The purpose of this article is to explore both the direct and the indirect influence of China's entry into WTO on its education system. The direct influence mainly refers to the increase in the demand for education overseas and in…

  20. Deliberative Engagement within the World Trade Organization: A Functional Substitute for Authoritative Interpretations

    DEFF Research Database (Denmark)

    Creamer, Cosette; Godzimirska, Zuzanna

    2016-01-01

    The transition from the General Agreement on Tariffs and Trade (GATT) dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO) represented a notable instance of judicialization within international economic governance. Since it began ruling......) prior to adoption of the dispute settlement rulings. We argue that such an increase would better enable the DSM to consider the interpretive preferences of the WTO membership as a whole, thus enabling it to better fulfill its fiduciary duties and its responsibility of deliberative engagement...... with Members in particular. This Article specifies how the proposal would work in practice and addresses potential limitations and obstacles to its implementation....

  1. The WTO ministerial conference in Seattle - results and future prospects for environmental protection; Die WTO-Ministerkonferenz in Seattle - Ergebnisse und Perspektiven fuer den Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Fuchs, P; Pfahl, S; Reichert, T [AG Handel des Forums und Entwicklung im Deutschen Naturschutzring (DNR), Bonn (Germany)

    2000-10-01

    The third Ministerial Conference of the World Trade Organisation (WTO) took place in Seattle (USA) from November 30{sup th} to December 3{sup rd} 1999. WTO members failed to agree on an agenda for a new round of trade-negotiation that should also include environmental and sustainability aspects. The Seattle Ministerial Conference provoked massive protests from non-governmental organisations (NGO) dealing with environment and development issues. They see the GATT/WTO regime - and globalisation in general - as a threat to their concerns. Against this background, the study analyses possibilities for the integration of environmental and sustainability aspects into upcoming WTO-negotiations. The focus is on views and proposals from international NGOs and critical scientists. First, the study deals with current and potential future areas of conflicts between environmental and trade policies. Furthermore, the environmental aspects of trade liberalisation in specific sectors and regulatory fields are discussed, which are currently negotiated in the WTO (agriculture, services) or which should be included in further negotiations (forest products, investment, etc.). The study moves on to an account of the WTO-Conference in Seattle from an environmental perspective and demonstrate a multitude of factors contributed to the failure of the conference. (orig.) [German] Vom 30.11. bis 03.12.1999 tagte in Seattle (USA) die 3. Ministerkonferenz der Welthandelsorganisation (WTO). Sie scheiterte bei dem Versuch, eine Einigung ueber die Agenda fuer eine neue WTO-Verhandlungsrunde herbeizufuehren, die auch Umwelt- und Nachhaltigkeitsaspekte einschliessen sollte. Die Konferenz stand unter dem starken Eindruck massiver Proteste von zahlreichen Umwelt- und Entwicklungsorganisationen, die im GATT/WTO-Regime - sowie grundsaetzlich in der Globalisierung - eine Bedrohung fuer Umwelt- und Nachhaltigkeitsanliegen sehen. Vor diesem Hintergrund untersucht die Studie die Moeglichkeiten einer

  2. Real Estate Agent Commission Disputes

    Directory of Open Access Journals (Sweden)

    Anida Duarte

    2015-06-01

    Full Text Available The purpose of this study was to examine the relationship among Procuring Cause Law, real estate agent years of experience, and real estate commission disputes. A pilot survey was conducted in the southwestern United States among real estate agents, realtor(s, and brokers. After testing the hypothesis, the decision was made to fail to reject the hypothesis and conclude that real estate agent experience and not Procuring Cause Law produced favorable outcomes in disputes. As a result, the following recommendations were made: (a Agency seller and buyer’s agreements should be used in each transaction to avoid disputes, (b proper expectations and guidelines should be reviewed prior to starting any real estate transaction, (c a checklist may assist in the assurance that all valuable information is reviewed, (d agents could benefit from fully understanding Procuring Cause Law and sharing this information with their clients, (e state and national regulatory requirements of the law could be modified for easier understanding and use, and (f consumers who willfully violate the law could be subject to monetary penalties.

  3. WTO ACCESSION OF BRICS COUNTRIES: THE CHINESE EXPERIENCE

    Directory of Open Access Journals (Sweden)

    I. Mikheeva

    2017-01-01

    Full Text Available The stages of reforms under the influence of requirements of the World Trade Organization are considered on the basis of an analysis of Chinese legislation. Four stages of preparation by the People’s Republic of China for accession to the WTO within which there was a transformation of the legal system of China from 1982 to 2001 are described. The sources of Chinese lawmaking are presented and systematized as the basis of the economic legislation of the PRC at the stage of preparation for inclusion of China in the WTO. Attention is drawn to the particularities of the power organization of the Chinese state, in which there is no separation of powers into three branches: legislative, executive and judicial. This, in turn, allows to mark the feature in the economic sphere of legal regulation in China connected with the existence of the rules established by the Supreme National Court as a source of law. To represent the dynamics of normativelegal regulation of foreign trade activities, China has used the system of dialectical and universal methods of knowledge; general scientific methods (induction and deduction and techniques (analysis and synthesis; as well as a special method – formally-legal. The identified course and direction of changes in legal support of domestic and foreign economic processes in China suggests the possibility to consider the experience of China in the promotion of Russia in the international trading community.The authors propose that the entry of China into the WTO is of interest to the BRICS countries as long as China achieves optimal utilization of the WTO’s external economic opportunities. In addition, China has established a legally solid basis for the development of market relations in the state.

  4. Construction dispute research conceptualisation, avoidance and resolution

    CERN Document Server

    2014-01-01

    There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute.  The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science.   The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ se...

  5. Trend Spotting: NAFTA Disputes After Fifteen Years

    OpenAIRE

    Lawrence L. Herman

    2010-01-01

    Cross-border investment disputes have supplanted trade disputes as the main focus of legal actions under the North American Free Trade Agreement (NAFTA), according to this study. The author finds a growing number of these investment disputes entail challenges by American investors against Canada's provincial, as opposed to federal, laws and regulations. So important constitutional issues need clarifying between Ottawa and the provinces. He notes as party to the treaty, Ottawa must carry the b...

  6. BRICS STATES IN THE GLOBAL ECONOMIC GOVERNANCE: THE WTO CASE

    Directory of Open Access Journals (Sweden)

    Aleksandra G. Koval

    2017-06-01

    Full Text Available The rise of emerging powers in the world economy has a significant impact on the transformation of global economic governance. The countries with emerging economies seek to enhance their role in international economic organizations and decision-making at the global level. The main players here are the BRICS countries. The contradictions between these countries and Western states represent a modern challenge to the functioning of the global governance. This is clearly demonstrated by the failure of the international trade negotiations under the WTO, which leads to the shift of member states’ priorities towards megaregional trade agreements and indicates the need for changes in the organization. The WTO cannot be seen today as a “rich men’s club” since emerging powers are eager to actively participate in trade negotiations, while recognizing the established rules and regulations. Despite the attempts of certain cooperation in their policies, BRICS countries differ in their trade interests. These states not only play different roles at the world markets of goods and services, but also apply various tariff and non-tariff measures. Moreover, a significant number of protectionist measures affects intra-BRICS trade. These differences complicate the cooperation of emerging powers in the international trading system and entangle the process of transformation of global economic governance.

  7. Learning in the WTO/DDA Negotiations?: An Experimental Study

    Directory of Open Access Journals (Sweden)

    Hankyoung Sung

    2015-09-01

    Full Text Available The purpose of this paper is to identify learning in games in experimental economic settings, and apply their results to real multilateral trade negotiations, such as the Doha Development Agenda (DDA in the World Trade Organizations (WTO. This paper argues that the structure of games including a veto player (Veto games is similar to the WTO/DDA negotiations in that the players do not possess identical power. This paper's main contribution to the literature involves showing that learning about power is dominant over learning from simple repetition in Veto games. Additionally, this paper shows that players are concerned about how much they have gained in previous games in Veto games, although their memories generally do not last beyond the next game, and thus they tend to be selfish as they have less shares. Based on these results, there is a possibility to be more generous in the distribution of benefits by allowing players without veto power to retain special rights so that they would not be totally powerless. It also shows the necessity of having "respite" in the process of negotiations and policy options for choosing partners for winning coalitions.

  8. WTO accepts rules limiting medicine exports to poor countries.

    Science.gov (United States)

    James, John S

    2003-09-12

    In a controversial decision on August 30, 2003, the World Trade Organization agreed to complex rules limiting the export of medications to developing countries. Reaction to the decision so far has shown a complete disconnect between trade delegates and the WTO, both of which praise the new rules as a humanitarian advance, and those working in treatment access in poor countries, who believe that they will effectively block treatment from reaching many who need it. We have prepared a background paper that analyzes this decision and its implications and offers the opinions of key figures on both sides of the debate. It is clear that the rules were largely written for and probably by the proprietary pharmaceutical industry, and imposed on the countries in the WTO mainly by the United States. The basic conflict is that this industry does not want the development of international trade in low-cost generic copies of its patented medicines--not even for poor countries, where little or no market exists. Yet millions of people die each year without medication for treatable conditions such as AIDS, and drug pricing remains one of several major obstacles to controlling global epidemics.

  9. Effects of WTO on the Textile Industry on Developing Countries

    Directory of Open Access Journals (Sweden)

    Syed Abdul Sattar Shah

    2013-07-01

    Full Text Available The current investigates the Effects of WTO on the Textile Industry on Developing Countries. Data were collected from various secondary sources and data is analyzed by using SPSS-20 version statistical software. It was revealed that WTO more industrialized countries consented to export fewer textiles while less industrialized countries enjoyed increased quotas for exporting their textiles. Bangladesh was expected to suffer the most from the ending of the MFA because it was expected to face more competition, particularly from China, it has tried to maintain its competitiveness in the post-quota era. It was further revealed that It has also been examined that all over the world textile industries are facing high inflation which is the hottest issue due to which the cost of doing business is going higher and higher day by day. The Chinese, Indian, Sri Lankan and Bangladeshi textile manufacturers are also out of those affected ones whose major issues are associated with increased cost of production. China’s dominance of the global garments trade has also been affected due to the rise in the costs of material, labour, energy, environmental protection and high interest rate. Furthermore, the environmental standard is also a barrier to many Chinese enterprises; even most of the Chinese enterprises have inputted environmental Standard.

  10. 46 CFR 205.5 - Contracts containing disputes article.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Contracts containing disputes article. 205.5 Section 205... AUDIT APPEALS; POLICY AND PROCEDURE § 205.5 Contracts containing disputes article. When a contract contains a disputes article, the disputes article will govern the bases for negotiating disputes regarding...

  11. 48 CFR 1433.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 1433.214 Alternative dispute resolution (ADR). DOI strongly encourages the use of ADR in the resolution of disputes in lieu of...

  12. 14 CFR 17.31 - Use of alternative dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Use of alternative dispute resolution. 17... PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.31 Use of alternative dispute resolution. (a) The Office of Dispute Resolution for Acquisition shall encourage the...

  13. 48 CFR 3033.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ..., DISPUTES, AND APPEALS Disputes and Appeals 3033.214 Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1996, as amended, 5 U.S.C. 571, et seq., authorizes and... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  14. Disputes About Disputes: Understanding the South China Sea

    Directory of Open Access Journals (Sweden)

    Bill Hayton

    2017-12-01

    Full Text Available Steve Chan. China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives. Cambridge: Cambridge University Press, 2016. Do Thanh Hai. Vietnam and the South China Sea: Politics, Security and Legality. New York: Routledge, 2017. The two books under review here demonstrate some of the diversity of writing within the discipline of international relations. In China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives, political scientist Steve Chan, following Kant, describes his style as “nomothetic,” “which emphasizes attention to classes of events rather than specific episodes” (vii. Strategic and defense studies scholar Do Thanh Hai’s Vietnam and the South China Sea: Politics, Security and Legality is an example of what Chan calls the “idiographic approach,” focusing “on the more unique or specific aspects of the situation” (vii. Chan wants to be able to generalize and compare, and he explicitly eschews narratives of “who did what to whom.” Hai, on the other hand, is keen to make clear that it is China who did something to Vietnam. The most obvious criticism to make of his book is that it is written from an overtly Vietnamese perspective. That is a weakness, but also potentially a draw for those interested in the formulation of Vietnamese policy. Chan writes from an ostensibly neutral position, but, as we shall see, his analysis is rooted within a Chinese world view.

  15. Preferential Trade Agreements and the Law and Politics of GATT Article XXIV

    DEFF Research Database (Denmark)

    Alavi, Amin

    2010-01-01

    The tasks Preferential Trade Agreements (PTAs) perform are expressed in their scope and covered issues, thus in order to be WTO compatible these aspects of PTAs should comply with the relevant WTO rules. This paper examines which aspects of PTAs can violate these rules and therefore can be challe...... be challenged before the WTO Dis-pute Settlement Body, who may initiate such cases and why there hasn´t been more cases dealing with this im-portant issue....

  16. The Body Language Behaviours of the Chairs of the Disputes According to the Disputants

    Science.gov (United States)

    Caliskan, Nihat

    2009-01-01

    The perception form of the body language behaviours of the session chairs by disputants affects the efficiency of the process. Therefore, it is important to determine the effects of the mimic, gesture, physical appearance and tonality and accent of the chairs on disputants. That research was conducted to clarify how the disputants perceive the…

  17. NAAG Tobacco Settlement Payments

    Data.gov (United States)

    U.S. Department of Health & Human Services — 1999-2016. National Association of Attorneys General (NAAG). Policy—Tobacco Settlement Payments. The National Association of Attorneys General (NAAG) provides...

  18. NAAG Tobacco Settlement Payments

    Data.gov (United States)

    U.S. Department of Health & Human Services — 1999-2017. National Association of Attorneys General (NAAG). Policy—Tobacco Settlement Payments. The National Association of Attorneys General (NAAG) provides...

  19. Minnesota Power Settlement

    Science.gov (United States)

    EPA and DOJ announced a Clean Air Act settlement with Minnesota Power, an ALLETE company based in Duluth, that will cover its three coal-fired power plants and one biomass-and-coal-fired steam and electricity cogeneration plan

  20. International jurisprudence on trade and environmental health: one step forward, two steps back?

    Science.gov (United States)

    Timmermans, Karin

    2008-01-01

    Since the creation of the World Trade Organization (WTO), there has been considerable debate regarding the impact of its rules on public health. By contrast, the role of the WTO dispute settlement mechanism has received little attention, even though the bodies responsible for settling disputes are the ultimate interpreters of WTO rules and agreements. To date, three WTO disputes that relate to occupational and/or environmental health have been fully litigated. A review of the decisions and reasoning in these cases indicates that WTO jurisprudence is evolving, as Panels and the Appellate Body try--with varying degrees of success--to balance countries' rights and obligations under international trade agreements with their right to protect occupational and environmental health. Disputes between nations can have an impact beyond the parties concerned, and raise questions about the relationship between trade agreements and other international agreements, especially multilateral environmental agreements (MEAs).

  1. WTO oversight over bilateral agreements: from a notification to an examination process?

    DEFF Research Database (Denmark)

    Mortensen, Jens Ladefoged

    2014-01-01

    The TTIP will – like other free trade agreements (FTAs) – violate one of the cornerstones of the WTO, i.e. the Most-Favoured-Nation (MFN) principle. However, the multilateral trading system has since 1947 permitted the formation of trading blocks and preferential bilateral trading partnerships....... This contribution asks how the WTO can fulfill its task of ensuring that FTAs do not systematically undermine the multilateral trading order. It focuses on the issue of transparency in the current oversight process and discusses whether the WTO secretariat should be granted a stronger mandate to proactively...... investigate the economic effects of the notified FTAs....

  2. Disputes over science and dispute resolution approaches - A survey of Bureau of Reclamation employees

    Science.gov (United States)

    Burkardt, Nina; Ruell, Emily W.

    2012-01-01

    Water resources in parts of the Western United States are over-allocated, which intensifies the pressure to support water management decisions with strong scientific evidence. Because scientific studies sometimes provide uncertain or competing results or recommendations, science can become a source of disputes during decision-making processes. The Bureau of Reclamation (Reclamation) is an important water manager in the Western United States, and Reclamation decision processes are often contested by a variety of affected constituencies. We conducted a Web-based survey of Reclamation employees to determine (1) which types of disputes over science are occurring and how common they are, (2) which approaches have been used by Reclamation to try to resolve these different types of disputes, (3) how useful Reclamation employees find these approaches at resolving these types of disputes, (4) the final outcomes of these disputes and the decision-making processes that were hindered by the disputes over science, and (5) the potential usefulness of several different types of dispute resolution resources that Reclamation could provide for employees that become involved in disputes over science. The calculated minimum response rate for the survey was 59 percent. Twenty-five percent of respondents indicated that they had been involved in a dispute over science while working at Reclamation. Native species and species listed under the Endangered Species Act of 1973 were the most common issue types reported in these disputes over science. Survey respondents indicated that they used a variety of approaches to resolve disputes over science and rated most approaches as either neutral or somewhat helpful in these endeavors. Future research is needed to determine whether there are additional variables underlying these disputes that were not measured in this survey that may identify when dispute resolution methods are most effective, or whether resolving aspects of these disputes, such as

  3. Mediation in complex multi-party disputes

    NARCIS (Netherlands)

    Kamminga, Y.P.; Blohorn-Brenneur, B.

    2013-01-01

    Mediation is on the rise but it is lagging behind in certain fields such as in the resolution of complex disputes. This article addresses how biases in the decision-making process for selecting either mediation or litigation surrounding dispute resolution works in the disadvantage of mediation. It

  4. The Bigger, the Better: Coalitions in the GATT/WTO

    Directory of Open Access Journals (Sweden)

    Gabriel Cepaluni

    2012-12-01

    Full Text Available What does it take to make a coalition successful? Bigger coalitions are more likely to be successful because the GATT/WTO is a consensus-based institution and countries are informally penalized if they isolate themselves. Through a Bayesian statistical analysis, the article corroborates the above hypothesis. To further investigate the research question, qualitative case studies of the G-10 in the Uruguay Round and the Public Health Coalition in the Doha Round are conducted. These cases show that the more convincing the framing of a position, the better are the chances of coalitions keeping a large number of followers and supporters, thereby affecting their odds of success. By building a unique database and applying a new research design to the topic, the study rigorously tests theories about coalitions that had previously only been proposed but not empirically analyzed.

  5. WTO — a deterministic approach to 4-fermion physics

    Science.gov (United States)

    Passarino, Giampiero

    1996-09-01

    The program WTO, which is designed for computing cross sections and other relevant observables in the e+e- annihilation into four fermions, is described. The various quantities are computed over both a completely inclusive experimental set-up and a realistic one, i.e. with cuts on the final state energies, final state angles, scattering angles and final state invariant masses. Initial state QED corrections are included by means of the structure function approach while final state QCD corrections are applicable in their naive formulation. A gauge restoring mechanism is included according to the Fermion-Loop scheme. The program structure is highly modular and particular care has been devoted to computing efficiency and speed.

  6. WTO Compliance Status of the Conservation Security Program (CSP) and the Conservation Reserve Program (CRP)

    National Research Council Canada - National Science Library

    Schnepf, Randy

    2007-01-01

    ...) agreed to limit and reduce their most distortive domestic support subsidies. Several types of domestic subsidies were identified as causing minimal distortion to agricultural production and trade and were provided exemption from WTO disciplines...

  7. Eesti põllumajanduspoliitika ja WTO leping ei vasta Eesti rahvuslikele huvidele / Janno Reiljan

    Index Scriptorium Estoniae

    Reiljan, Janno, 1951-2018

    2001-01-01

    Eesti liitus Maailma Kaubandusorganisatsiooniga (WTO) endale ebasoodsatel tingimustel, mis ei võimalda meie põllumajandustoodetel välisturul konkureerida. Tabel: Eesti väliskaubandus põllumajandussaadustega. Autor: ERL. Parlamendisaadik

  8. Gruusia suleb Venemaale pääsu WTO-sse

    Index Scriptorium Estoniae

    2006-01-01

    Gruusia lubas toetada Venemaa astumist WTO-sse vaid juhul, kui Venemaa hakkab kasutama Gruusia kontrollitavaid seaduslikke tollipunkte. Praegu kasutab Venemaa tollipunkte, mis asuvad Lõuna-Osseetia ja Abhaasia territooriumil

  9. Huvirühmade võitlus takistab Venemaal WTO-ga liitumist / Margit Aedla

    Index Scriptorium Estoniae

    Aedla, Margit, 1970-

    2003-01-01

    Venemaa valitsus plaanib lõpetada liitumisläbirääkimised Maailma Kaubandusorganisatsiooniga(WTO) tuleva aasta jooksul, kuid majandussektor ei soovi loobuda suurtest impordibarjääridest ega sisse lasta tegijaid väljastpoolt

  10. Slovenian-Croatian boundary: backgrounds of boundary-making and boundary-breaking in Istria regarding the contemporary boundary dispute

    Directory of Open Access Journals (Sweden)

    Damir Josipovič

    2012-06-01

    Full Text Available Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797. But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokava River, the ungraspable notions of Austrian censuses in Istria, and the narratives of partisan settlements on military jurisdiction. However, there are other very important aspects which significantly shaped the development of the dispute, but we will focus at assessing the importance of the aforementioned ones. In this sense, the analysis of the effects of the outcome of the Trieste dispute and its implications to the contemporary interstate dispute is set forth. By unveiling its material and consequently its psychological effects upon the contemporary bilateral relations, its analyses simultaneously reveals backgrounds of never answered question, why Kozler's proposed linguistic boundary around Dragonja (Rokava River turned out to become a boundary of national character. Though nowadays disputed, there is absolutely no chance for both involved parties to substantially draw away from once decisively drawn line of a layman. Despite the fierce battle of words in Slovenian public media on whether should the interstate boundary be placed on Mirna (Quieto or Dragonja Rivers, it will be argued here that the actual choice of the Valley of Dragonja as a boundary is by all means Slovenian. The arguments are based on extensive analyses of cartographic materials, relevant literature, documents, and statistical data.

  11. Slovenian-Croatian boundary: backgrounds of boundary-making and boundary-breaking in Istria regarding the contemporary boundary dispute

    Directory of Open Access Journals (Sweden)

    Damir Josipovič

    2012-01-01

    Full Text Available Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797. But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokava River, the ungraspable notions of Austrian censuses in Istria, and the narratives of partisan settlements on military jurisdiction. However, there are other very important aspects which significantly shaped the development of the dispute, but we will focus at assessing the importance of the aforementioned ones. In this sense, the analysis of the effects of the outcome of the Trieste dispute and its implications to the contemporary interstate dispute is set forth. By unveiling its material and consequently its psychological effects upon the contemporary bilateral relations, its analyses simultaneously reveals backgrounds of never answered question, why Kozler's proposed linguistic boundary around Dragonja (Rokava River turned out to become a boundary of national character. Though nowadays disputed, there is absolutely no chance for both involved parties to substantially draw away from once decisively drawn line of a layman. Despite the fierce battle of words in Slovenian public media on whether should the interstate boundary be placed on Mirna (Quieto or Dragonja Rivers, it will be argued here that the actual choice of the Valley of Dragonja as a boundary is by all means Slovenian. The arguments are based on extensive analyses of cartographic materials, relevant literature, documents, and statistical data.

  12. WTO rules and practices for transparency and engagement with civil society organizations

    OpenAIRE

    Perez-Esteve, Maria

    2012-01-01

    In a rapidly changing trade environment, marked by economic slowdown and impasse in the Doha Round, the success of the WTO in promoting and legitimizing the rules-based multilateral trading system rests, to a large extent, on maintaining effective relations with civil society, including non-governmental organisations. This paper provides an overview of the WTO's rules and practices for transparency and engagement with NGOs. First, it looks at both internal and external transparency. Second, i...

  13. U.S. Agricultural Export Credits after the WTO Cotton Ruling: The Law of Unintended Consequences

    OpenAIRE

    Benitah, Marc

    2005-01-01

    The recent WTO cotton ruling has led to a paradoxical result for the United States, a result that seems a textbook illustration of the "law of unintended consequences". Indeed, during the Uruguay Round negotiations of the present WTO agreements, the United States refused to put agricultural export credits in the category of agricultural export subsidies, where they would then have been subject only to reduction commitments. Paradoxically, the United States finds itself now in a position where...

  14. Contributions of the GATT/WTO to global economic welfare: Empirical evidence

    OpenAIRE

    Kym Anderson

    2014-01-01

    This paper surveys estimates of the value of the GATT/WTO's contributions to global welfare through providing a forum for negotiating reductions in policy-induced distortions to trade flows, including through the process of accession by new members. After reviewing measures of the price-distorting effects of trade-related policies, it assesses estimates from global simulation models of the welfare effects of trade liberalizations prior to the WTO's Doha round, including the net benefits and t...

  15. Canada loses appeal of WTO panel ruling on minimum patent terms.

    Science.gov (United States)

    Elliott, R

    2000-01-01

    In the last issue, we reported on a ruling of a Panel of the World Trade Organization (WTO) that Canada was in breach of the international Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). The Panel found that Canada's Patent Act does not provide the minimum patent terms required by the trade agreement. Canada appealed that decision, but on 18 September 2000 the WTO Appellate Body upheld the Panel ruling.

  16. Potential Accession to the WTO Government Procurement Agreement: A Case-Study on India

    OpenAIRE

    Sangeeta Khorana; Sujitha Subramanian

    2012-01-01

    The World Trade Organization (WTO) Government Procurement Agreement (GPA) is a voluntary plurilateral agreement applicable to WTO members that choose to be Parties to the Agreement. Most developing countries, including India, are not members of the GPA. This case study presents an insight into India's current procurement framework, evaluates the prospects for, and comments on the principal constraints and challenges to India's GPA accession. The findings suggest that, though the Indian procur...

  17. A Strategic Analysis of Import of the WTO Accession on China's Telecommunications Industry

    OpenAIRE

    Lei, Zhang

    2007-01-01

    The dissertation is divided into two parts, namely, an overview of China's telecommunications industry and the strategic analysis of the influence of China's telecom industry accession to the WTO. Based on the several strategic management classical frameworks, the main aim of this piece of research is to analyze the external and internal environment of China's telecommunication industry and the impact of China's entry into WTO on this industry. Specifically, this aim is decomposed into the fo...

  18. Deeper Into Divorce: Using Actor–Partner Analyses to Explore Systemic Differences in Coparenting Conflict Following Custody Dispute Resolution

    Science.gov (United States)

    Sbarra, David A.; Emery, Robert E.

    2010-01-01

    Divorce is an inherently interpersonal experience, yet too often adults’ reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution. PMID:18266541

  19. International trade disputes in modern regulatory paradigm

    Directory of Open Access Journals (Sweden)

    Tamara Gordeeva

    2013-09-01

    Full Text Available This article studies the latest trends observed in the area of contradictory relations between countries with regard to international trade, which cause changes in the paradigm of international trade disputes. It has been found out that any state of inconsistent relations between the countries is recently characterized as a «trade war». It has been analyzed the notions of «dispute», «conflict», «war» according to international regulatory documents and determined the applicability of these terms depending on a number of criteria. It has been studied the evolution of the objects of international trade disputes since the time of ancient Greece until today, and new trends based on this have been revealed with regard to use of trade policy instruments that cause disputes between countries. Several specific examples of international trade disputes and causes of their occurrence have been considered. A quantitative analysis of international trade disputes in general and in relations between the leading countries in terms of a number of the trade disputes in which they were involved has been performed.

  20. DISPUTE RESOLUTION AND MEDIATION ON CAPITAL MARKET

    Directory of Open Access Journals (Sweden)

    CRISTIAN GHEORGHE

    2011-04-01

    Full Text Available Capital Market is usually depicted as a place for experts, for people with high trading skills. This is a half truth. There are entities established and functioning under strict scrutiny of Romanian National Securities Commission (RNSC, in compliance with Capital Market Law and regulations. There are also the investors, in many cases individuals involved in shares/financial instruments trade. In both cases disputes can rise. Disputes are inevitable a part of human interaction, hence the need for dispute resolution. First option is the judicial court system. Alternative dispute resolution comprises arbitration and mediation. Arbitration is an alternative choice to provide simpler, speedier and more accessible justice than ordinary courts as well as expertise in matters that are technical in nature and require special knowledge to adjudicate upon. Capital Market environment provides an institutional arbitration court for all participants, including investors. In many cases the agreement executed between participants under RNSC scrutiny The other option for settling disputes outside the court is mediation. Mediation can provide a much cheaper and quick extrajudicial resolution of disputes in commercial matters without time consuming procedures and rigid rules. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to foster the commercial relationship between the parties. The interaction between investors and brokerage houses is based on investment services agreement concluded by parties. This is the usual framework for disputes between parties and the usual “landscape” for mediation on capital market.

  1. PARTICULAR ASPECTS OF THE WTO MECHANISMS APPLICATION TO PROTECT THE NATIONAL ECONOMIC INTERESTS OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Ivan Us

    2016-11-01

    Full Text Available The purpose of the paper is to analyze the issue of applying by Ukraine of mechanisms developed in the legal framework by the World Trade Organization to protect the internal market in order to prepare appropriate recommendations to state power authorities empowered to carry out trade policy. Methodology. The study is based on studying the experience of Ukraine to revise its commitments on tariff lines for the first three-year period after the accession to the WTO, as well as on the analysis of the most resonant steps to protect the internal market taken by Ukraine and the consequences of these steps. Result. The issue of applying by Ukraine of tools developed by the World Trade Organization to protect the interests of national producers has been described in this article. The situation of the use by Ukraine of a right to review the conditions of membership in the WTO has been reviewed step by step starting from the studying of this issue within the country and to the statements by the Government not to use this feature. All the stages of the process of using the possibility to revise the conditions of membership in the WTO have been analyzed as well as the mistakes that led to the absence of the desired result in the end. Also, the basic tools of protection of the domestic market in the WTO system, such as anti-dumping investigation and the investigation concerning the subsidized imports has been considered The dynamics of the use of such investigations by all WTO member countries since the establishment of the WTO, with particular emphasis on the period of the financial and economic crisis of 2008-2010 has been reviewed. The number of successful investigations led to the application of certain protective measures also has been determined. The risks that arise in the absence of the Government of Ukraine steps to improve the efficiency of representation of interests in the WTO have been analyzed. Recommendations improving the use of WTO

  2. Model for mapping settlements

    Science.gov (United States)

    Vatsavai, Ranga Raju; Graesser, Jordan B.; Bhaduri, Budhendra L.

    2016-07-05

    A programmable media includes a graphical processing unit in communication with a memory element. The graphical processing unit is configured to detect one or more settlement regions from a high resolution remote sensed image based on the execution of programming code. The graphical processing unit identifies one or more settlements through the execution of the programming code that executes a multi-instance learning algorithm that models portions of the high resolution remote sensed image. The identification is based on spectral bands transmitted by a satellite and on selected designations of the image patches.

  3. Settlement patterns and sustainability

    DEFF Research Database (Denmark)

    Hendriksen, Kåre

    This paper discusses settlement patterns and sustainability. Generally urbanization is recognised as an inevitable development driven by job opportunities, better service supply, education, and health services, and it is argued that this is the main driver for centralisation. Research based...... on economic and demographic studies and a large series of interviews problematize this. In Greenland the historical correlation between settlement pattern and livelihood has been decoupled, so that distributions of jobs and potential earnings to a growing extend is a consequence of political and...

  4. Impact of the New Optimal Rules for Arbitration of Disputers Relating to Space Debris Controversies

    Science.gov (United States)

    Force, Melissa K.

    2013-09-01

    The mechanisms and procedures for settlement of disputes arising from space debris collision damage, such as that suffered by the Russian Cosmos and US Iridium satellites in 2009, are highly political, nonbinding and unpredictable - all of which contributes to the uncertainty that increases the costs of financing and insuring those endeavors that take place in near-Earth space, especially in Low Earth Orbit. Dispute settlement mechanisms can be found in the 1967 Outer Space Treaty, which provides for consultations in cases involving potentially harmful interference with activities of States parties, and in the 1972 Liability Convention which permits but does not require States - not non-governmental entities - to pursue claims in a resolution process that is nonbinding (unless otherwise agreed.) There are soft- law mechanisms to control the growth of space debris, such as the voluntary 2008 United Nations Space Debris Mitigation Guidelines, and international law and the principles of equity and justice generally provide reparation to restore a person, State or organization to the condition which would have existed if damage had not occurred, but only if all agree to a specific tribunal or international court; even then, parties may be bound by the result only if agreed and enforcement of the award internationally remains uncertain. In all, the dispute resolution process for damage resulting from inevitable future damage from space debris collisions is highly unsatisfactory. However, the Administrative Council of the Permanent Court of Arbitration's recently adopted Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities are, as of yet, untested, and this article will provide an overview of the process, explore the ways in which they fill in gaps in the previous patchwork of systems and analyze the benefits and shortcomings of the new Outer Space Optional Rules.

  5. Collapse settlement in compacted soils

    CSIR Research Space (South Africa)

    Booth, AR

    1977-01-01

    Full Text Available Research into collapse settlement in compacted soils is described, with special reference to recent cases in Southern Africa where collapse settlement occurred in road embankments following wetting of the soil. The laboratory work described...

  6. Pengaruh Kebijakan Agreement on Agriculture (Aoa) Oleh World Trade Organization (WTO) Terhadap Kenaikan Impor Kopi Indonesia Tahun 2012

    OpenAIRE

    Jamaan, Ahmad; Parapat, Johan Kristo

    2015-01-01

    This research describes and proves the influence of policy AgreementOn Agriculture (AoA) by the World Trade Organization (WTO) for theIndonesian coffee. AoA policy is a policy of international trade in agricultureby WTO.This research uses perspective of pluralism. Pluralist assumes that stateis not unitary actor. This study also uses international trade and internationalorganizations theory.Agreement On Agriculture (AoA) is an international treaty on trade inagriculture in the WTO context. Ao...

  7. 15 CFR 785.17 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Settlement. 785.17 Section 785.17... Settlement. (a) Settlements before issuance of a NOVA. When the parties have agreed to a settlement of the case prior to issuance of a NOVA, a settlement proposal consisting of a settlement agreement and order...

  8. Sanitation in informal settlements

    DEFF Research Database (Denmark)

    Unterrainer, Walter

    2015-01-01

    and to cure when having the right means. This is a humanitarian scandal. In Dharavi / Mumbai, an estimated 700.000 people live and work on less than 250 hectares in a hybrid mix of formal and informal settlement. According to an UN report, in 2006 one toilet seat existed for 1440 dwellers while...

  9. 76 FR 55217 - Procedures for Protests and Contracts Dispute

    Science.gov (United States)

    2011-09-07

    ... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Amdt. No. 17-1] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... contract disputes brought against or by the FAA. It also adds a voluntary dispute avoidance and early...

  10. 48 CFR 1233.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1990, Public Law... Specialist, who is responsible for the operations of the Center for Alternative Dispute Resolution, (C-4... alternative means of dispute resolution set forth in the ADRA, 5 U.S.C. 571(3) on a non-reimbursable basis for...

  11. 25 CFR 1000.422 - How must disputes be handled?

    Science.gov (United States)

    2010-04-01

    ... Title I-eligible program disputes may use non-binding informal alternative dispute resolution at the... this alternative dispute resolution any time before the issuance of an initial decision of a formal appeal(s). The appeals timetable will be suspended while alternative dispute resolution is pending. ...

  12. 48 CFR 33.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 33.214 Alternative dispute resolution (ADR). (a) The objective of using ADR procedures is to increase the opportunity for...

  13. 48 CFR 6101.54 - Alternative dispute resolution [Rule 54].

    Science.gov (United States)

    2010-10-01

    ... CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION CONTRACT DISPUTE CASES 6101.54 Alternative dispute resolution [Rule 54]. (a) Availability of alternative dispute resolution (ADR) procedures at the Board. The... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  14. Sustainable development and trade liberalisation: the opportunities and threat roused by the WTO

    Directory of Open Access Journals (Sweden)

    Voituriez Tancrede

    2005-03-01

    Full Text Available The entanglement of trade and sustainable development agenda raises two different and obvious concerns we would like to dwell upon. The first one basically deals with the definition of sustainable development and the fear that the concept might become looser and looser the more it pervades trade and corporate arenas. The second concern pertains to the compatibility of internationdal trade laws embodied within the WTO, with international environment and labour agreements hosted by the UN. This paper provides some argument to the debate by focusing on the implications, on these two areas of concerns, of sustainable development pervading the WTO. Our two main arguments are as follows. Firstly, the social component of sustainable development is today the poor relation of sustainable development’s inscription among the WTO objectives. Secondly, effective restrictions on trade for either health or natural resource preservation are extremely rare. Article XX of the Gatt, allowing for such a restriction (“exception” is the appropriate word, cannot be referred to as long as WTO members omit to abide to non-discriminatory principles in their trade policies. Whatever the reasons one country requests to escape WTO rules, it has to do so while treating its trading partners on the same foot. These two results may reassure those developing countries that fear a “new” or “green” protectionism (which seems more fantasized than real in so far from rich countries. Does it all suggest that WTO principle-compatible trade and sustainable trade is the same animal? The case law would rather suggest that WTO and its sustainable development objective seems more an organisation aimed at preventing countries from using sustainable development as a fallacious argument for trade restriction than an organisation dedicated to promoting sustainable trade per se.

  15. Emotion and ideology in the nuclear dispute

    International Nuclear Information System (INIS)

    Hillerbrand, M.

    1982-01-01

    The author attempts to examine the dispute over nuclear energy, not from an isolated viewpoint but from more generous perspectives. He provides parallels to economic theories and above all analyses the social political aspects. Here he reveals that behind the passionate confrontation are not scientific, objective criteria but highly subjective emotions based on everyday experiences. In conclusion the author shows that the nuclear energy dispute is part of a fundamental discussion on the industrial performance society. (orig./HP) [de

  16. Participation of a non-disputing party in arbitration and protection of the public interest before an ICSID Tribunal

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2012-01-01

    Full Text Available The paper discusses the need to protect the legitimacy of decision-making process in investment arbitration through public access to the proceedings. Unlike commercial arbitration, investment arbitration entails decisions on state responsibility for measures directed towards protection of environment, lives and health of its population or human rights. Presence of the public interest in such disputes brings under strong criticism a traditional characteristic of arbitration process - its confidentiality. The problem of democratic deficit of decision-making can be resolved, inter alia, by allowing persons who are not parties to the dispute to participate in the proceedings if they consider that their interest might be affected by arbitral award. The 2006 Arbitration Rules of International Centre for Settlement of Investment Disputes envisage, subject to approval of the Tribunal, the right of a non-disputing party to file a written submission with the Tribunal regarding a factual or legal issue connected with the subject matter of the dispute. However, without right of those entities to attend arbitral hearings and, more importantly, without their access to documents submitted during the proceedings, this is not by far enough to give 'friends of the court' a meaningful and significant role.

  17. TARGET 2 and Settlement Finality

    Directory of Open Access Journals (Sweden)

    Ivan MANGATCHEV

    2011-03-01

    Full Text Available This article examines how TARGET 2 as system implements the idea of settlement finality regulated by Directive 98/26 EC of the European parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (Settlement Finality Directive and Directive 2009/44/EC of the European parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (Directive 2009/44/EC. As the title of the arti and finality of the settlement in this system.

  18. THE WORLD TRADE ORGANIZATION (WTO FREE TRADE WITHIN FAIR TRADE CHALLENGES

    Directory of Open Access Journals (Sweden)

    M. Ya’kub Aiyub Kadir

    2014-06-01

    Full Text Available Free trade and fair trade are considered an ambiguous term with relative meanings of identification. Objectively, free and fair trade does not mean completely free and fair, but it means trade under binding rules obeyed by member countries as a consequence of their commitment after signing and ratification of the WTO agreements. Hence, this paper aims at exploring the issue and does an effort to harmonise between free trade and fair trade within the WTO system. Perdagangan bebas dan perdagangan yang adil adalah dua istilah yang ambigu maknanya. Secara obyektif, perdagangan bebas tidak bermakna bebas dan adil seluruhnya, tetapi bermakna sebuah perdagangan di bawah aturan-aturan mengikat setelah negara anggota menandatangani dan meratifikasi kesepakatan WTO. Tetapi dalam realitas kebanyakan Negara, terutama negara berkembang tidak mampu untuk membuka pasar dan menurunkan tarif secara keseluruhan. Persoalan tidak berimbangnya kekuatan, kurang demokrasi, krisis legitimasi dan dobel standar dalam WTO sistem merupakan sebuah tantangan yang masih berlanjut. Paper ini akan mengkaji persoalan ini dan berupaya mengharmonisasikan antara perdagangan bebas dan adil dalam sistem WTO.

  19. THE WORLD TRADE ORGANIZATION (WTO FREE TRADE WITHIN FAIR TRADE CHALLENGES

    Directory of Open Access Journals (Sweden)

    M. Ya’kub Aiyub Kadir

    2014-06-01

    Full Text Available Free trade and fair trade are considered an ambiguous term with relative meanings of identification. Objectively, free and fair trade does not mean completely free and fair, but it means trade under binding rules obeyed by member countries as a consequence of their commitment after signing and ratification of the WTO agreements. Hence, this paper aims at exploring the issue and does an effort to harmonise between free trade and fair trade within the WTO system.   Perdagangan bebas dan perdagangan yang adil adalah dua istilah yang ambigu maknanya. Secara obyektif, perdagangan bebas tidak bermakna bebas dan adil seluruhnya, tetapi bermakna sebuah perdagangan di bawah aturan-aturan mengikat setelah negara anggota menandatangani dan meratifikasi kesepakatan WTO. Tetapi dalam realitas kebanyakan Negara, terutama negara berkembang tidak mampu untuk membuka pasar dan menurunkan tarif secara keseluruhan. Persoalan tidak berimbangnya kekuatan, kurang demokrasi, krisis legitimasi dan dobel standar dalam WTO sistem merupakan sebuah tantangan yang masih berlanjut. Paper ini akan mengkaji persoalan ini dan berupaya mengharmonisasikan antara perdagangan bebas dan adil dalam sistem WTO.

  20. The uses of alternative dispute resolution to resolve genetic disputes. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Stein, Robert E.

    2003-01-01

    The report sets out lessons learned while carrying out the study. It concludes that genetic disputes will increase in number and that ADR processes including mediation, arbitration, the use of independent experts and court-appointed masters can be helpful in resolving them. It suggests additional effort on bioremediation, and workplace disputes and training for ADR neutrals.

  1. Law [Review of: World trade report 2011: the WTO and preferential trade agreements: from co-existence to coherence

    NARCIS (Netherlands)

    Mathis, J.H.

    2012-01-01

    The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTO's annual World Trade Report for 2011, the theme of which is The WTO and Preferential

  2. 75 FR 45693 - Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments

    Science.gov (United States)

    2010-08-03

    ..., government procurement, trade-related investment measures, taxes and charges levied on imports and exports... Concerning China's Compliance With WTO Commitments AGENCY: Office of the United States Trade Representative. ACTION: Request for comments and notice of public hearing concerning China's compliance with its WTO...

  3. 77 FR 50206 - Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments

    Science.gov (United States)

    2012-08-20

    ..., government procurement, trade-related investment measures, taxes and charges levied on imports and exports... Concerning China's Compliance With WTO Commitments AGENCY: Office of the United States Trade Representative. ACTION: Request for comments and notice of public hearing concerning China's compliance with its WTO...

  4. The Challenge of the GATS for Transition Economies Seeking to Join the WTO

    Directory of Open Access Journals (Sweden)

    J. Anthony VanDuzer

    2004-02-01

    Full Text Available Transition economies seeking to join the World Trade Organization (WTO face a variety of distinctive challenges relating to their prospective obligations under the General Agreement on Trade in Services (GATS. Transition economies are characterized by changing market and industry structures on the one hand, and ongoing reforms to their regulatory structures on the other. Both make it extremely difficult for transition economies to develop a position on what WTO services commitments they should undertake in their national schedules of specific commitments. Accession negotiations are further complicated by the evolving nature of GATS rules themselves and the tough negotiating stance taken by existing Members. Based on evidence from recent accessions, the effective minimum requirements relating to services for transition economies seeking to join the WTO are increasing

  5. Protection of Non-Trade Values in WTO Appellate Body Jurisprudence

    DEFF Research Database (Denmark)

    Andersen, Henrik

    2015-01-01

    of economic externality assessments in subsidy determinations. It is, however, still unsettled how other vital values, like those which can fall under peremptory norms, can be protected by the Appellate Body and whether its current approach provides the necessary tools for their protection.......The article suggests that the constitutional scope of the WTO leaves a wide space for the Appellate Body to protect non-trade values. That has, to some extent, materialized in Appellate Body practice; human health and environment are attaining general protection across the WTO treaties....... They are recognized as vital and important values and protected through the exceptions in the WTO treaties. However, the Appellate Body has also found ways to protect those values without resorting to the exceptions. Instead, they are part of an economic argument in national treatment analyses and they are part...

  6. An empirical study on the effect of WTO membership on Iranian Handicraft industry: A case study of Persian carpet

    Directory of Open Access Journals (Sweden)

    Zahra Shirzour Aliabadi

    2013-05-01

    Full Text Available The world Trade Organization (WTO is one of the few organizations, which could significantly influence on foreign trade and consequently on the economic structure of the countries. There are literally different people in Iran who either encourage or discourage WTO membership. Therefore, it is important to analyze Iran’s WTO membership to empower Iranian handmade carpet in international trades and to help improvement in quality of production. The purpose of this research is to study the effects of Iran’s membership in WTO to empower this industry by performing an empirical survey among 100 experts in this industry. Findings demonstrate that access to WTO plays an important role on increasing production of handmade carpet and developing this industry. In addition, the industry needs to incorporate the recent advances on technology to ensure cost efficient production materials. The industry also needs more creative and innovative ideas due to an increase competition in handmade carpet producers from other countries.

  7. Industrial Disputes in the Construction Sector

    Directory of Open Access Journals (Sweden)

    L.J Perry

    2012-11-01

    Full Text Available The Cole Royal Commission enquiry into the building and construction (abbreviated to ‘construction’ sector recommended controversial workplace-relation reforms for that sector. The recommended changes are likely to be enshrined in legislation within the year. The Commission drew on analyses of industrial disputes that focused, in the main, on quite recent experience. This paper attempts to give a broader historical perspective on disputes in that sector by considering the pattern of disputes for the entire post-World War II period. Accordingly, data on disputes and employees during the entire period are gathered from Australian Bureau of Statistics current and archived sources. These data are classified according to sector (construction versus non-construction and analysed. It is found that the strike rate has, on average, been greater in the construction sector than in the non-construction sector. However, there have been periods during which disputes in the construction sector have been relatively low. The most recent period was during the period of the Accord (1983-96, during which the strike rate in the construction sector fell relatively strongly. The analysis of this relatively broad historical period draws attention, among other things, to the possibility that the sort of strategies employed during the Accord years – strategies of cooperation and consensus building – may provide a more effective means of bringing industrial peace to the workplace relations scene of the construction sector than policies that are relatively confrontational.

  8. 29 CFR 102.151 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Settlement. 102.151 Section 102.151 Labor Regulations... Expenses § 102.151 Settlement. The applicant and the General Counsel may agree on a proposed settlement of... on a proposed settlement of an award before an application has been filed, the proposed settlement...

  9. 17 CFR 10.108 - Settlements.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlements. 10.108 Section 10... to the Commission; Settlements § 10.108 Settlements. (a) When offers may be made. Parties may at any time during the course of the proceeding propose offers of settlement. All offers of settlement shall...

  10. 33 CFR 20.502 - Settlements.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Settlements. 20.502 Section 20... Settlements § 20.502 Settlements. (a) The parties may submit a proposed settlement to the ALJ. (b) The proposed settlement must be in the form of a proposed decision, accompanied by a motion for its entry. The...

  11. 15 CFR 719.19 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Settlement. 719.19 Section 719.19... Settlement. (a) Settlements before issuance of a NOVA. When the parties have agreed to a settlement of the case, the Director of the Office of Export Enforcement will recommend the settlement to the Secretary...

  12. DOHA Negotiations on Agriculture and Future of the WTO Multilateral Trade System

    OpenAIRE

    Matthews, Alan

    2013-01-01

    The WTO Doha Round of trade negotiations was launched in 2001 and after twelve years of negotiations members seem unable to bring it to a successful conclusion. An attempt to deliver an ‘early harvest’ of deliverables at the 9th WTO Ministerial Conference in Bali in December 2013 does not appear likely to be more successful. This paper describes the stage that the negotiations have reached in agriculture and the value of what is currently on the table. It reviews the agricultural agenda for t...

  13. After the Bali agreement: Lessons from the Doha Round for the WTO's post-Bali agenda

    OpenAIRE

    Erixon, Fredrik

    2014-01-01

    At the WTO summit in Bali late last year, trade ministers managed to clear the way for a new trade agreement. This is positive news - and it proves that the WTO system is not dysfunctional. The Bali agreement brings new trading opportunities for developing countries and establishes a new standard for transparency in trade administration. But the Bali deal is not a Doha Round deal - it is not even a "Doha light" deal. Taking the cue from Coca Cola, it is closer to being a "Doha Zero" agreement...

  14. The Settlement Utopia

    DEFF Research Database (Denmark)

    Villadsen, Kaspar

    2016-01-01

    terms. This article explores the trajectory of the comparatively under-researched Danish offspring of the movement. It demonstrates the tempering and compromise that occurred when utopian ideals of ‘brotherly love’, ‘God’s Kingdom’, and ‘radical social change’ were realized in concrete social...... arrangements. Contradictions and ambiguities arose when utopian ideas were confronted with what could be done. The Settlement became a highly ambiguous space, a ‘heterotopia’. The roots of the contradictions cannot simply be identified in the external pressure of legal requirements and funding criteria...

  15. Trust Mines: Legal Documents and Settlements

    Science.gov (United States)

    Legal Documents and Settlements related to the Northern Abandoned Uranium Mines Region including the Phase 1 Settlement Agreement and Environmental Response Trust Agreement, Phase 2 Settlement Agreement Removal Site Evaluation (RSE) Trust Agreement.

  16. 76 FR 42625 - International Settlements Policy Reform

    Science.gov (United States)

    2011-07-19

    ...] International Settlements Policy Reform AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The Federal Communications Commission proposes to remove the International Settlements... proposes to remove the International Settlements Policy (ISP) from all U.S. international routes except...

  17. The Anglo-Iranian oil dispute

    International Nuclear Information System (INIS)

    Ferrier, R.W.

    1988-01-01

    This paper traces the history of the Anglo-Iranian oil dispute. It is short-sighted to consider the Anglo-Iranian oil dispute just as a contest between Musaddiq and the AIOC: it is of wider and greater significance. The dispute illustrates a transitional phase in the difficult process of the adjustment of relations between industrialized and less developed societies for the exploitation of raw materials. Oil was already becoming a political and economic factor at the end of the Qajar period and became important during the reign of Riza Shah with his emphasis on a national program of modernization. After more attention had been focused on it during the second world war it was inevitable that it would increase in influence. The issues of the oil dispute referred back to the concessional controversies of the late nineteenth century in tobacco, mining, communications, utilities, banking even gambling, with their political and social implications; and they referred forward to the issues of the sovereignty of national resources, the transfer of technology and economic growth in relation to the standard of living. These are aspects of the North-South debate, which have yet to be satisfactorily resolved

  18. 22 CFR 192.33 - Dispute.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Dispute. 192.33 Section 192.33 Foreign Relations DEPARTMENT OF STATE HOSTAGE RELIEF VICTIMS OF TERRORISM COMPENSATION Medical Benefits for Captive... Director, Department of State, for a determination. If the person bringing the claim is not satisfied with...

  19. Contested hydrosocial territories and disputed water governance

    NARCIS (Netherlands)

    Hommes, Lena; Boelens, Rutgerd; Maat, Harro

    2016-01-01

    Dam development in southeastern Turkey is a highly-disputed issue, fanned by the Turkish-Kurdish conflict, socio-environmental and historical-cultural concerns, and international geopolitical interests. This paper focuses on discussions around the Ilisu Dam and shows how different actor

  20. Disputes and conflicts over water in Africa

    CSIR Research Space (South Africa)

    Ashton, PJ

    2007-01-01

    Full Text Available for water across the African continent, this paper briefly discusses the types of situations where disputes or conflicts have occurred over access to water. Specific consideration is given to the need for African countries to develop new collaborative...

  1. 44 CFR 327.4 - Disputes.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Disputes. 327.4 Section 327.4 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) § 327.4...

  2. Phenomenological futures in dispute: Emmanuel Levinas, Jacques ...

    African Journals Online (AJOL)

    In an inconclusive summary, the paper returns to the point of departure, the first version of a relation of non-relation, in a disputed connection to be set out between philosophy, a politics of exclusion, and psychoanalytical accounts of political investment. The paper seeks to locate a relation of non-relation, both in the failed ...

  3. Briefing : the Eritrean-Ethiopian border dispute

    NARCIS (Netherlands)

    Abbink, G.J.

    1998-01-01

    On 6 May 1998, a violent conflict erupted in the Ethiopian-Eritrean border area. This article contends that this border crisis is neither unexpected nor the result of a real border dispute. Rather, it is due to three factors: the particular history and relationship of the two insurgent movements

  4. 10 CFR 904.13 - Disputes.

    Science.gov (United States)

    2010-01-01

    ... disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of... Federal court of competent jurisdiction within one (1) year after final refusal by the Administrator to... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall...

  5. 43 CFR 431.8 - Disputes.

    Science.gov (United States)

    2010-10-01

    ... decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any... such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by... arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration...

  6. Alternative Means of Family Dispute Resolution.

    Science.gov (United States)

    Davidson, Howard, Ed.; And Others

    Twenty-eight articles focusing on non-adversarial approaches to resolving family disputes without formal court procedures are collected in this manual. The 16 articles in the first chapter discuss aspects of divorce mediation. These are followed by six papers in the second chapter on the mediation of family conflicts involving domestic violence…

  7. Literacy, Numeracy and Alternative Dispute Resolution

    Science.gov (United States)

    Cumming, J. Joy; Wilson, Janice M.

    2005-01-01

    The formal court system in Australia has long been criticised for its adversarial nature. As a result, there has been an increase in the use of alternative dispute resolution processes such as mediation. These are promoted as a means of increasing access to justice by disadvantaged groups and as an inexpensive way of solving legal or quasi-legal…

  8. Futility Disputes: A Review of the Literature and Proposed Model for Dispute Navigation Through Trust Building.

    Science.gov (United States)

    Leland, Brian D; Torke, Alexia M; Wocial, Lucia D; Helft, Paul R

    2017-10-01

    Futility disputes in the intensive care unit setting have received significant attention in the literature over the past several years. Although the idea of improving communication in an attempt to resolve these challenging situations has been regularly discussed, the concept and role of trust building as the means by which communication improves and disputes are best navigated is largely absent. We take this opportunity to review the current literature on futility disputes and argue the important role of broken trust in these encounters, highlighting current evidence establishing the necessity and utility of trust in both medical decision-making and effective communication. Finally, we propose a futility dispute navigation model built upon improved communication through trust building.

  9. 29 CFR 5.11 - Disputes concerning payment of wages.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Disputes concerning payment of wages. 5.11 Section 5.11... Provisions and Procedures § 5.11 Disputes concerning payment of wages. (a) This section sets forth the procedure for resolution of disputes of fact or law concerning payment of prevailing wage rates, overtime...

  10. 13 CFR 130.630 - Dispute resolution procedures.

    Science.gov (United States)

    2010-01-01

    ... organization has supplied the Committee with all requested documentation. (b) Programmatic (non-financial... DEVELOPMENT CENTERS § 130.630 Dispute resolution procedures. (a) Financial Disputes. (1) A recipient organization wishing to resolve a financial Dispute formally must submit a written statement describing the...

  11. 76 FR 2035 - Procedures for Protests and Contracts Dispute

    Science.gov (United States)

    2011-01-12

    ... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Notice No. 10-18] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... brought against the FAA and contract disputes brought against or by the FAA. It would also add a voluntary...

  12. The South China Sea Dispute: Perspective of International Law

    OpenAIRE

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.

  13. 47 CFR 1.18 - Administrative Dispute Resolution.

    Science.gov (United States)

    2010-10-01

    ... adopted an initial policy statement that supports and encourages the use of alternative dispute resolution... policy to encourage the fullest possible use of alternative dispute resolution procedures in its... provisions dealing with confidentiality, shall also be applied in Commission alternative dispute resolution...

  14. 13 CFR 134.216 - Alternative dispute resolution procedures.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Alternative dispute resolution....216 Alternative dispute resolution procedures. At any time during the pendency of a case, the parties may submit a joint motion requesting that the Judge permit the use of alternative dispute resolution...

  15. 28 CFR 35.176 - Alternative means of dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES Compliance Procedures § 35.176 Alternative means of dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute...

  16. 5 CFR 9701.705 - Alternative dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative dispute resolution. 9701.705... HUMAN RESOURCES MANAGEMENT SYSTEM Appeals § 9701.705 Alternative dispute resolution. The Department and OPM recognize the value of using alternative dispute resolution methods such as mediation, an...

  17. Dispute Resolution in Special Education: An Introduction to Litigation Alternatives.

    Science.gov (United States)

    Goldberg, Steven S.; Huefner, Dixie Snow

    1995-01-01

    Reviews the advantages and disadvantages of common methods of conflict resolution used in special-education disputes. Argues that "principled negotiation" has been underutilized at the early phase of special-education disputes and shows promise as a means of settling many disputes without the need for mediation or adversarial processes.…

  18. 48 CFR 5433.214. - Alternative Dispute Resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative Dispute Resolution (ADR). 5433.214. Section 5433.214. Federal Acquisition Regulations System DEFENSE LOGISTICS AGENCY, DEPARTMENT OF DEFENSE PROTESTS, DISPUTES AND APPEALS 5433.214. Alternative Dispute Resolution (ADR). The...

  19. 24 CFR 7.5 - EEO Alternative Dispute Resolution Program.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution... Provisions § 7.5 EEO Alternative Dispute Resolution Program. In accordance with the Secretary's Policy Statement regarding Alternative Dispute Resolution (ADR) located on the Department's website and 29 CFR 1614...

  20. 24 CFR 7.26 - EEO Alternative Dispute Resolution Program.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution...-Complaint Processing § 7.26 EEO Alternative Dispute Resolution Program. (a) The aggrieved person may elect... chosen, the EEO Counselor shall advise the aggrieved person that if the dispute is resolved during the...

  1. 76 FR 55136 - Implementation of the Alternative Dispute Resolution Program

    Science.gov (United States)

    2011-09-06

    ... NUCLEAR REGULATORY COMMISSION [NRC-2011-0208] Implementation of the Alternative Dispute Resolution... stakeholders on its Alternative Dispute Resolution (ADR) Program in the Office of Enforcement (OE). The meeting... INFORMATION: I. Background Congress enacted the Administrative Dispute Resolution Act (Act) which requires...

  2. 48 CFR 833.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... Alternative dispute resolution (ADR). Contracting officers and contractors are encouraged to use alternative dispute resolution (ADR) procedures. CBCA guidance on ADR may be obtained at http://www.cbca.gsa.gov. ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute...

  3. 4 CFR 22.24 - Alternative Dispute Resolution [Rule 24].

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution [Rule 24]. 22.24 Section... GOVERNMENT ACCOUNTABILITY OFFICE CONTRACT APPEALS BOARD § 22.24 Alternative Dispute Resolution [Rule 24]. (a) Docketed appeals. The Board considers Alternative Dispute Resolution (ADR) to be an efficient way to timely...

  4. The Ongoing WTO Negotiations on Agriculture: Issues and Options for Bangladesh

    OpenAIRE

    Donald McClatchy

    2001-01-01

    The negotiation on Agriculture is one of the vital components of WTO negotiation process which involved interests of the LDCs, including Bangladesh. The paper identified the interests of Bangladesh. The objective is to stimulate a discussion in turn assisting those responsible for decisions about Bangladesh’s evolving negotiating positions and strategy.

  5. Antidumping, countervailing duties and non-market economy status of Vietnam in the WTO

    OpenAIRE

    Claudio Dordi

    2008-01-01

    The non-market economy status has a negative influence on the international trade relations of Vietnam. The article analyses the legal consequences for Vietnam of the NME status and identify the roadmap to obtain the "market economy status" from other WTO members

  6. “Trade Liberalization with Chinese Characteristics”: Few Notes on PRC’s WTO Membership

    Directory of Open Access Journals (Sweden)

    Alexandru Butiseacă

    2014-06-01

    Full Text Available There is a significant amount of published empirical studies that describe the relation of the People’s Republic of China with the World Trade Organization as the vehicle through which this country has reached the goal of opening further its domestic economy by freeing its foreign trade. If those ruling the Chinese people’s destiny saw in the WTO accession, along with the acceptance of its basic rules, a path that will lead them to the benefits and opportunities offered by some sectors’ liberalization, this judgment raises several concerns. An obvious one could be: Why not doing this unilaterally? Benefits might have been consistent. Not only that this would have been much easier, if the will of the Party, but the effects of opening market to other nations, within or outside the WTO, could have spurred earlier and stronger. Noteworthy is that many much economically freer countries are not yet members of the WTO. Then, if it is considered that the accession to this organization, by the values, rules and principles that it promotes, will allow any domestic economy to thrive, why do we assist to China’s failure in fulfilling all the WTO membership criteria and in complying with all the rules? In our opinion, Chinese authorities tried to accommodate pragmatically some liberalization to inspire trustworthiness for FDI with a boost for national companies still benefiting from public support and newly opened markets, thus seeking not pure freedom, but wise access to the workings of managed world trade.

  7. WTO Compliance Status of the Conservation Security Program (CSP) and the Conservation Reserve Program (CRP)

    National Research Council Canada - National Science Library

    Schnepf, Randy

    2007-01-01

    .... This report is not a legal opinion, but describes both the CSP and CRP programs, the WTO Annex II provisions that govern compliance, and the potential issues involved in evaluating the compliance status of the two programs. This report will be updated as events warrant.

  8. Energy and fossil fuels as a topic in WTO accession protocols

    NARCIS (Netherlands)

    Marhold, Anna; Weiss, Friedl; Bungenberg, M; Krajewski, M; Tams, C; Terhechte, JP; Ziegler, AR

    2018-01-01

    This article seeks to analyse and compare WTO Accession Protocols, particularly the interpretations given relevant commitments made in them regarding energy and fossil fuels. Much has changed in global trade relations since the launch of the Doha Round of multilateral trade negotiations in November

  9. WTO law and economics and restrictive practices in energy trade : The case of the OPEC cartel

    NARCIS (Netherlands)

    Marhold, Anna

    2016-01-01

    The World Trade Organization cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the OPEC. The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rules on

  10. Modelling the Asymmetric Volatility in Hog Prices in Taiwan : The Impact of Joining the WTO

    NARCIS (Netherlands)

    C-L. Chang (Chia-Lin); B-W. Huang (Bing-Wen); M-G. Chen (Meng-Gu)

    2010-01-01

    textabstractPrices in the hog industry in Taiwan are determined according to an auction system. There are significant differences in hog prices before, during and after joining the World Trade Organization (WTO). The paper models growth rates and volatility in daily hog prices in Taiwan from 23

  11. Viimase hetke kokkulepe päästis WTO tippkohtumise / Heiki Suurkask

    Index Scriptorium Estoniae

    Suurkask, Heiki, 1972-

    2005-01-01

    Kuigi EL-i eelarvekõnelustel Brüsselis jäeti ühine põllumajanduspoliitika puutumata, sunnib WTO tippkohtumisel Hongkongis saavutatud lepe 2013. aastast alates EL-i põllumajanduse toetamist revideerima. Lisa: Politsei vahistas 900 meeleavaldajat

  12. FOREIGN INVESTMENTS INTO SVERDLOVSK AREA IN THE CONTEXT OF RUSSIAN CONNECTION TO WTO

    Directory of Open Access Journals (Sweden)

    L.M. Kapustina

    2005-09-01

    Full Text Available Dynamics and structure of the foreign investments involved in economy of Sverdlovsk area are analyzed in the article. Consequences of Russian connection to WTO from the view point of foreign investments volumes change are considered. Directions of multilateral regulation of investment measures on the basis of the international arrangements are certain.

  13. Requirements for Space Settlement Design

    Science.gov (United States)

    Gale, Anita E.; Edwards, Richard P.

    2004-02-01

    When large space settlements are finally built, inevitably the customers who pay for them will start the process by specifying requirements with a Request for Proposal (RFP). Although we are decades away from seeing the first of these documents, some of their contents can be anticipated now, and provide insight into the variety of elements that must be researched and developed before space settlements can happen. Space Settlement Design Competitions for High School students present design challenges in the form of RFPs, which predict basic requirements for space settlement attributes in the future, including structural features, infrastructure, living conveniences, computers, business areas, and safety. These requirements are generically summarized, and unique requirements are noted for specific space settlement locations and applications.

  14. Comparative analysis of the practice of China and Russia joining the WTO

    Directory of Open Access Journals (Sweden)

    Anastasia Sergeyevna Loginova

    2015-09-01

    Full Text Available Objective to examine the positive and negative experience of China39s joining the World Trade Organization WTO that joined it on terms similar to the Russian ones for the best understanding of the advantages and disadvantages of joining and building the appropriate policy. Methods the objective of the work has been achieved through the application of both general and specific scientific methods. In particular the analysis and synthesis allowed to study the social and economic context of the state in the framework of joining the WTO the consequences of such membership and to identify the key areas for improvement of this step for Russia. Statistical techniques were used in the process of gathering information about the key economic indicators. The fundamental method was comparativelegal which made it possible to draw parallels in joining the WTO by various states. Results basing on the measures taken by China both before and after joining the WTO as well as evaluation of their implication the conclusion was made about its successful experience. The actions before joining were very effective. In particular they are applicable to the fields of agriculture automotive industry investment policy etc. The measures of nonaddress subsidizing maintaining the socioeconomic stability in the country the export orientation of the economy along with functioning of special economic zones with joint ventures are in the authors39 opinion constructive actions for Russiarsquos adaptation to the WTO. Scientific novelty for the first time the thesis is put forward about the similarity of the Russia and China conditions when joining the WTO. The analysis is made of the complex measures preceding and following the joining. The necessity is grounded of reflecting the China39s positive and negative experiences in the Russian policy. Practical significance the main provisions and conclusions can be used in the research activity in addressing the issues of Russiarsquos

  15. CONTEXTUALIZING THE USE OF THE DIPLOMATIC ALTERNATIVE IN CONFLICT RESOLUTION IN THE DISPUTE BETWEEN NIGERIA AND CAMEROON OVER BAKASSI 1994 -2006

    Directory of Open Access Journals (Sweden)

    Ekpotuatin Charles Ariye

    2017-09-01

    Full Text Available This study focuses on the subject of the application of alternative means as a complement to the judicial, adjudication and arbitration options in the resolution of disputes/conflicts. The Nigeria-Cameroon conflict over Bakassi is used as a case in point. By blending the theoretical perspectives on the diplomacy/negotiation approach with the reality of this case it argues that the application of alternative dispute resolution mechanism, in this instance, facilitated a long lasting and negotiated settlement, which led to amicable and final resolution. With the understanding that dispute/conflict resolution seeks to find solutions acceptable to both parties to achieve peaceful coexistence, the question arises as to whether the ICJ’s ruling in itself was able to amicably resolve the dispute? What we find is that the Ruling of 2002 did not in itself lead to instant settlement, rather it drew negative responses from Nigeria, so that it took the intervention of stakeholders in the international system, especially the Western countries, and particularly the UN and its then Secretary-General, Kofi Annan, to activate the UN machinery to put in place direct bilateral talks between Nigeria and Cameroon to iron out their differences. The emergent Mixed Commission and the Greentree Agreement of 2006 ensured the achievement of reconciliation, lasting peace and final resolution along the lines of the ICJ’s Judgment of 2002.

  16. Resolution of consumer disputes through arbitration with special regard on insurance disputes

    Directory of Open Access Journals (Sweden)

    Tomić-Petrović Nataša

    2014-01-01

    Full Text Available Efficient resolution of consumer disputes contributes to the strengthening of consumer protection. As the increasing of number of consumer contracts necessary increase consumer disputes, there is an interest in developing the Alternative Disputes Resolution. The paper is devoted to the question of arbitrability of consumer disputes. At the beginning of the paper author points out at the difference between European and American approach to the arbitration of consumer disputes. Having in mind the premise that classic (commercial arbitration is not a priori suitable on consumer disputes author advocates introduction of specific consumer arbitration. The largest part of the paper deals with the characteristics of proposed consumer arbitration in order to prevent clause of arbitration to be void as unfair contract term. It is underlined the importance of free and informed consent of consumer on arbitration clause. At the conclusion, author cites approach of European Court of Justice according to which national courts have to look after unfair character of arbitration clause contained in consumer contract ex officio.

  17. Legal Statement on Investment Protection and Investor-State Dispute Settlement Mechanisms in TTIP and CETA

    DEFF Research Database (Denmark)

    Savin, Andrej; Trzaskowski, Jan

    2016-01-01

    the fundamental legal issues within these mechanisms and explains how they pose grave threats to public interest, democratic principles and state budgets. Authors: Prof. Anneli Albi, University of Kent Prof. Diamond Ashiagbor, University of London Prof. Dr. Antoine Bailleux, Université Saint-Louis – Bruxelles Dr...

  18. 75 FR 4607 - Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Rosters...

    Science.gov (United States)

    2010-01-28

    ... roster under a particular agreement are appointed by consensus of the parties to the agreement... appoint persons to the rosters. False Statements False statements by an applicant regarding his or her...

  19. The content and import of mediation as a collective labour dispute settlement method

    OpenAIRE

    Žekonis, Vytautas

    2010-01-01

    Gyvenant šiuolaikinėje visuomenėje, kurioje dominuoja rinkos santykiai, susiduriame su įvairiausio pobūdžio konfliktais. Konfliktiškumas būdingas ir kolektyviniams darbo santykiams. Šie santykiai yra sutartiniai darbo teisiniai santykiai, todėl ir ginčai kylantys šių santykių srityje turi būti sprendžiami šalių tarpusavio derybomis. Be to, Lietuvoje dar tik bandoma tinkamai įteisinti vieną iš populiariausių taikų kolektyvinių darbo ginčo sprendimo metodų – tarpininkavimą, sprendžiant kolektyv...

  20. The utility of the rescission clause in the settlement of disputes arising from international trade contracts

    Directory of Open Access Journals (Sweden)

    Oana BĂRBULESCU

    2015-12-01

    Full Text Available Starting from the opportunities that the creditor of an obligation has in order to settle his claims by means of the commercial arbitration, as an alternative to court under common law, with a view to punishing in the most effective way the failure of the obligation by the borrower reveals the necessity to introduce the rescission clause in international commercial contracts governed by a foreign law. This paper aims to emphasize the practical utility of the institution of rescission clause in the light of the new Civil Code regulations, in whose presence the role of the court is entirely removed in as far as the decision statement is concerned.

  1. The Role of Vietnam in The ASEAN Regional Security Cooperation: From Mechanism Construction to Dispute Settlement

    Directory of Open Access Journals (Sweden)

    Li Chunxia

    2016-12-01

    Full Text Available In the context of the integration of ASEAN, Vietnam recognized that the strategic role of ASEAN is in its diplomacy. At the same time, to further improve the status in the region and in the international community, Vietnam has actively been participating in ASEAN affairs. Vietnam not only promoted the integration process of ASEAN, but also promoted the political security cooperation of ASEAN, in which Vietnam has advantages and wants to play a leading role. On the one hand, Vietnam promotes the construction of political security cooperation mechanisms, such as ARF, ADMM+, and so on; on the other hand, Vietnam took the South China Sea as a common concern, actively appeals for a common ASEAN position, to maximize its own benefit. Vietnam will further enhance and consolidate its status and role in ASEAN in the future.

  2. Devolution of forest management: a cautionary case of Pukhtun Jirgas in dispute settlements

    NARCIS (Netherlands)

    Southwold-Llewellyn, S.

    2006-01-01

    Devolution of natural resource management is a widely claimed aim in policy discourse. The Government of Pakistan is undertaking devolution of Provincial Government, including the Provincial Forest Departments. In historical and current practice, forest management has been devolved to local,

  3. 77 FR 37948 - Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Lists for...

    Science.gov (United States)

    2012-06-25

    ..., Colombia, Korea, Morocco, and Singapore AGENCY: Office of the United States Trade Representative (``USTR...-Singapore Free Trade Agreement (``USSFTA''). USTR is inviting interested persons to apply to be on one or...-9483 to arrange for an alternative method of transmission. FOR FURTHER INFORMATION CONTACT: For...

  4. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    OpenAIRE

    Lavinia ONICA CHIPEA

    2014-01-01

    The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying th...

  5. Fortified settlement Veletin

    Directory of Open Access Journals (Sweden)

    Jovanović Vojislav S.

    2003-01-01

    Full Text Available Remnants of the fortified settlement Veletin are located on a hill of the same name (map marking 969 near the small town Janjevo, in the vicinity of the Monastery Gračanica in Kosovo, in a region rich in metal ore (pic. 1-3. Veletin is mentioned for the first time as a landmark in King Milutin’s charter for the Monastery Gračanica issued in 1321. Namely, the boundary of villages donated to the monastery ran "from Oštri vrh on Veletjen between Sušica and between Gušterica". Villages of Sušica and Gušterica still exist under the same names. The mentioned Veletin refers to the hill with a fortified settlement or fortress at the top. In the past the hill and the fortress were for a long time a characteristic part of the historical landscape. Thanks to its favourable geostrategic position, vicinity of important roads and above all to the nearness of rich silver mines, the hill of Veletin was settled and fortified in pre-historic time, then in antiquity and in the middle ages. It is supposed that the Roman town Ulpiana (Justiniana Secunda, near the Monastery Gračanica, developed because of the vicinity of silver mines and that as a municipium became a center of administration of Janjevo - Novo Brdo metals in the II c. Mining reached its peak in this area only in the first half of the XV c., during the reign of Serbian despots. When this part of Serbia fell under Turkish rule in 1455, mining began to decline. In 1488, during the reign of Sultan Bajazet II, special regulations were made for the organization of work in Janjevo silver mines, which testify about their importance. It is hard to form an opinion about the appearance of Veletin at the time the Gračanica Charter was issued. Mining was growing at that time and it is possible that there was a fortress with a small crew to protect Janjevo and other nearby mining settlements. Veletin is explicitly mentioned as a fortress only in three cartographic sources of a later date. The first was

  6. Ukraina on nõus WTO nimel ekspordimakse vähendama / Signe Ratso ; interv. Sirje Rank

    Index Scriptorium Estoniae

    Ratso, Signe, 1960-

    2008-01-01

    Euroopa Komisjoni kaubanduse peadirektoraadi direktor Signe Ratso vastab küsimustele Ukraina liitumise kohta WTO-ga ning Ukraina ja EL-i vabakaubanduslepingu sõlmimise kohta. Lisa: Euroopa Liit ja Ukraina

  7. Legal consequences emanating from EC directives and agreements of the WTO with respect to irradiation of food with ionizing radiation

    International Nuclear Information System (INIS)

    Dederer, H.G.

    1999-01-01

    The author discusses aspects of international harmonization of laws and regulations in this field and describes such activities at the European level and within the EU, and under WTO agreements. (orig./CB) [de

  8. 7 CFR 1427.21 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Settlement. 1427.21 Section 1427.21 Agriculture... § 1427.21 Settlement. (a) The settlement of cotton loans will be made by CCC on the basis of the quality... maximum storage credit rates as determined and announced by CCC. (b) For purposes of settlements for...

  9. 39 CFR 962.26 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Settlement. 962.26 Section 962.26 Postal Service... CIVIL REMEDIES ACT § 962.26 Settlement. (a) Either party may make offers of settlement or proposals of... settlement terms to the Attorney General, as appropriate. [59 FR 51860, Oct. 13, 1994] ...

  10. 49 CFR 1016.306 - Settlement.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Settlement. 1016.306 Section 1016.306... Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after...

  11. 49 CFR 826.35 - Settlement.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 7 2010-10-01 2010-10-01 false Settlement. 826.35 Section 826.35 Transportation... Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after...

  12. 17 CFR 148.25 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlement. 148.25 Section 148... Considering Applications § 148.25 Settlement. The applicant may propose settlement of the award to the Commission before final action on the application, either in connection with a settlement of the adjudicatory...

  13. 49 CFR 511.26 - Settlement.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false Settlement. 511.26 Section 511.26 Transportation...; Summary Judgment; Settlement § 511.26 Settlement. (a) Applicability. This section applies only to cases of..., 89 Stat. 911 (15 U.S.C. section 2007(3)). Settlement in other cases may be made only in accordance...

  14. 31 CFR 501.710 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Settlement. 501.710 Section 501.710... the Enemy Act (TWEA) Penalties § 501.710 Settlement. (a) Availability. Either the Director or any..., propose an offer of settlement. The amount accepted in settlement may be less than the civil penalty that...

  15. 47 CFR 1.1525 - Settlement.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Settlement. 1.1525 Section 1.1525... Settlement. The applicant and Bureau counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after...

  16. 7 CFR 1.198 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 1 2010-01-01 2010-01-01 false Settlement. 1.198 Section 1.198 Agriculture Office of....198 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying...

  17. 24 CFR 14.320 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Settlement. 14.320 Section 14.320... Applications § 14.320 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying...

  18. 10 CFR 851.41 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Settlement. 851.41 Section 851.41 Energy DEPARTMENT OF ENERGY WORKER SAFETY AND HEALTH PROGRAM Enforcement Process § 851.41 Settlement. (a) DOE encourages settlement of a proceeding under this subpart at any time if the settlement is consistent with this part. The...

  19. 29 CFR 2200.100 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Settlement. 2200.100 Section 2200.100 Labor Regulations... Miscellaneous Provisions § 2200.100 Settlement. (a) Policy. Settlement is permitted and encouraged by the... parties include any particular language in a settlement agreement, but does require that the agreement...

  20. 14 CFR 15.109 - Settlements.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Settlements. 15.109 Section 15.109... Act of 1958 § 15.109 Settlements. (a) A publisher may not settle a claim with another party, for which... publisher submits a copy of the proposed settlement, and a statement justifying the settlement, to the Chief...

  1. 16 CFR 1025.26 - Settlements.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Settlements. 1025.26 Section 1025.26... PROCEEDINGS Prehearing Procedures, Motions, Interlocutory Appeals, Summary Judgments, Settlements § 1025.26 Settlements. (a) Availability. Any party shall have the opportunity to submit an offer of settlement to the...

  2. 10 CFR 12.305 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Settlement. 12.305 Section 12.305 Energy NUCLEAR... Considering Applications § 12.305 Settlement. The applicant and the NRC counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the...

  3. 10 CFR 590.309 - Settlements.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Settlements. 590.309 Section 590.309 Energy DEPARTMENT OF... RESPECT TO THE IMPORT AND EXPORT OF NATURAL GAS Procedures § 590.309 Settlements. The parties may conduct settlement negotiations. If settlement negotiations are conducted during a conference, at the request of one...

  4. 7 CFR 1434.19 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Settlement. 1434.19 Section 1434.19 Agriculture... FOR HONEY § 1434.19 Settlement. The value of the settlement of loans shall be made by CCC on the... commodity: (1) If the value of the collateral at settlement is less than the amount due, the producer shall...

  5. 17 CFR 171.12 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlement. 171.12 Section 171... RESPONSIBILITY ACTIONS General Provisions § 171.12 Settlement. At any time before the Commission has reached a... settlement agreement. If, in its view, the settlement is consistent with the public interest, the Commission...

  6. 12 CFR 747.612 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Settlement. 747.612 Section 747.612 Banks and... Board Adjudications § 747.612 Settlement. The applicant and counsel for NCUA may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the...

  7. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    Directory of Open Access Journals (Sweden)

    Lavinia ONICA CHIPEA

    2014-03-01

    Full Text Available The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the legislative gap created by repealing Art. 76 of Law no. 168/1999 on the settlement of labor disputes, which was actually the only norm of labor law which expressly and directly referred to the amicable settlement procedure of individual labor conflicts. The formulated proposals may provide the legislator support in the course of perfecting, at the level of regulation, the process of specialization of labor jurisdiction in the Romanian legal system.

  8. 29 CFR 18.9 - Consent order or settlement; settlement judge procedure.

    Science.gov (United States)

    2010-07-01

    ... has sole discretion to decide whether to appoint a settlement judge, except that a settlement judge... assigned to hear and decide the case. (ii) The settlement judge shall not be appointed to hear and decide... 29 Labor 1 2010-07-01 2010-07-01 true Consent order or settlement; settlement judge procedure. 18...

  9. Forms and causes of labor disputes

    Directory of Open Access Journals (Sweden)

    Denada Keçiçi

    2016-07-01

    Full Text Available Labor disputes can be small or large, individual or collective, refer to a particular job or lie in more than one enterprise. The causes of these disputes are numerous and diverse, ranging from a simple appeal of one individual employee for the right of compensation, in a collective complaint of the employees about the unsafe or unhealthy conditions of work, or termination of work by all employees in a workplace, claiming that they are prevented from setting up a union to protect their interests. The product of this process is a binding agreement for its implementation and is the result of ongoing cooperation between employees and employers based on consensual decision. Organizations of employees are important actors of collective conflict resolution procedures of labor relations, and particularly those held in the offices of reconciliation, should revitalize their role.

  10. Content disputes in Wikipedia reflect geopolitical instability.

    Science.gov (United States)

    Apic, Gordana; Betts, Matthew J; Russell, Robert B

    2011-01-01

    Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.

  11. Content disputes in Wikipedia reflect geopolitical instability.

    Directory of Open Access Journals (Sweden)

    Gordana Apic

    Full Text Available Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.

  12. Trade Policies in Central Asia after EU Enlargement and before Russian WTO accession: Regionalism and Integration into the world economy.

    OpenAIRE

    Richard Pomfret

    2005-01-01

    This paper analyses the choices between regionalism and multilateralism, and the impact of WTO membership on the five Central Asian countries. The two main sections analyse (1) why the large number of regional trade agreements which the Central Asian countries have signed have had little economic impact, and (2) the consequences for the Central Asian countries of Chinese and Russian WTO membership and the consequences of the current Central Asian applicants’ (Kazakhstan, Tajikistan and Uzbeki...

  13. The WTO Agreement on government procurement as a tool for Ukraine’s integration into the global value chains

    OpenAIRE

    GUZHVA IGOR

    2015-01-01

    The article deals with the features of modern internationalization of production and economic relations among economic entities around the world based on the global value chains formation. The essence and the basic provisions of the multilateral WTO Agreement on Government Procurement as the integration tool of Ukraine’s industries into the global value chains are revealed. The Ukraine’s government procurement reforming progress towards the relevant WTO rules and regulations full implementati...

  14. Countering China’s Maritime Territorial Disputes

    Science.gov (United States)

    2017-03-31

    television, newspaper, and social media campaigns. Media warfare is one of the domains through which China conducts psychological and legal warfare. The...resolve regional economic, social , and cultural issues through intergovernmental cooperation among its members. All of the South China Sea claimants are...influence the Senkaku Island dispute, and in 2012, China restricted produce trade and tourism trade with the Republic of the Philippines in order to

  15. Settlement of uranium mill tailings

    International Nuclear Information System (INIS)

    Chen, P.K.; Guros, F.B.; Keshian, B.

    1988-01-01

    Two test embankments were constructed on top of an old tailings deposit near Ambrosia Lake, New Mexico to determine settlement characteristics of hydraulically- deposited uranium mill tailings. Before construction of the embankments, properties of in-situ tailings and foundation soils were determined using data from boreholes, piezocone soundings, and laboratory tests. These properties were used to estimate post-construction settlement of a planned disposal embankment to be constructed on the tailings. However, excessive uncertainty existed in the following: field settlement rates of saturated and unsaturated tailings, degree of preconsolidation of the upper 15 feet of tailings, and the ability of an underlying silty sand foundation layer to facilitate drainage. Thus, assurance could not be provided that differential settlements of the radon barrier and erosion protection layers would be within allowable limits should the planned disposal embankment be constructed in a single-stage

  16. Softwood Lumber – Some Lessons from the Last Softwood (Lumber IV Dispute

    Directory of Open Access Journals (Sweden)

    Elaine Feldman

    2017-10-01

    Full Text Available The checkered history of softwood lumber disputes between Canada and its southern neighbour stretches back to the 1800s, with five of them occurring since 1982. Two years ago, the settlement obtained in 2006 expired and most Canadian softwood lumber exporters now face a combined countervailing and anti-dumping duty rate from the Americans of around 27 per cent. On the surface, the last dispute, known as Lumber IV, appeared to be a squabble over subsidization and dumping of Canadian softwood lumber exports. However, closer scrutiny revealed that this dispute was really about commercial interests triumphing over policy – the U.S. lumber industry wanted to ensure it kept a certain share of the market at the highest price possible. Complicating attempts to resolve any dispute is the fact that Canada is not a single entity in the lumber business; interest in quota or duties varies across regions as do the countervailing (CVD and anti-dumping (AD rates that the U.S. imposes on particular Canadian producers. These variations thus create almost a divide-and-conquer situation in which one group of producers feels others are getting an advantage. The Canadian industry instead should be standing together as much as possible, creating a united front in any dispute with the U.S. Drafting new policy and resorting to litigation to settle Lumber IV failed because the potential settlement got bogged down by the drawbacks of both of those routes. Policy failed because it quickly became clear that the U.S. was going to act with impunity to determine whether there was a subsidy, regardless of what the trade rules permitted. And litigation created an endless loop in which contradictory rulings were handed back and forth between NAFTA panels and the U.S. International Trade Commission, stalling any resolution. Lumber IV also taught the Canadians that taking their complaints to both NAFTA and the World Trade Organization, which does not order a refunding of wrongly

  17. ASPECTS REGARDING THE ENFORCEABILITY AGAINST THIRD PARTIES OF CHOICE OF COURT AGREEMENTS IN INTERNATIONAL DISPUTES

    Directory of Open Access Journals (Sweden)

    Alina Oprea

    2016-11-01

    Full Text Available The problem enforceability of agreements conferring jurisdiction to persons other than the parties that have accepted knows no textual legal settlement in European procedural law. Through its action, the European Court of Justice, however, brought important clarifications in the matter, without following yet a uniform: the disputes brought before it, the high European court preferred for certain hypotheses to consider solutions of national law, effectiveness agreements conferring jurisdiction admissible conditioning; other times, she opted for the formulation of European autonomous substantive rules recognizing or, alternatively, directly denying their effectiveness. In an attempt to bring more clarity in the matter, the study proposes a review of existing solutions, identifying their justifications and offering several key milestones that should be considered in solving concrete problems in practice.

  18. SPECIFIC REGULATIONS REGARDING THE SOLVING OF LABOR DISPUTES IN ROMANIAN LEGAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Onica -Chipea Lavinia

    2012-01-01

    Full Text Available The paper aims to briefly review specific provisions of labor legislation for the solving of labor disputes. Those rules are found in matters of discrimination in the payment settlements, the public sector staff as well as some personnel status or disciplinary (work stops at Status of Teachers and established a derogationfrom the common law (Labor Code Law nr.62/2011 of Social Dialogue in resolving individual labor conflicts(former conflicts of rights. The role and importance of these regulations is that they give the parties the employment relationship, particularly employees, way, way more for rights enshrined in law. Appeals, complaints or expressions of individual grievances be settled outside the judicial system organ (the courts,authorizing officers, judicial administrative organs, which aim at restoring order violated.

  19. The EU as an actor at the WTO: its strengths and weaknesses throughout history

    Directory of Open Access Journals (Sweden)

    Rosana GARCIANDÍA GARMENDIA

    2012-06-01

    Full Text Available During the last decade, many reforms took place in the European Union legal and policy framework. Some of those reforms were motivated by the participation of the European Union and its member States in the World Trade Organization. This paper aims to analyze the role of the European Union as an actor in that organization, paying special attention to its mixed legal nature – EU and Member States. With that purpose, the evolution of the relationship between the EU member States and the EU itself as simultaneous actors at the WTO is studied. The division of competences is also reviewed. Finally, the analysis of the EU position in different negotiation rounds (Uruguay, Doha for the agricultural sector is reviewed as an example of the evolution in the protection of European interests. The paper shows that some changes in the Treaty of Lisbon have strengthened the legal framework for the EU to be heard with a unique voice in the WTO

  20. Effect of NAFTA, EUMFTA and China addition to WTO on the cucumber world market

    Directory of Open Access Journals (Sweden)

    Ramon Guajardo-Quiroga

    2010-07-01

    Full Text Available This study empirically analyzed the potential effects of the complete operation of North American Free Trade Agreement (NAFTA, European Union and Mexico Free Trade Agreement (EUMFTA, and the integration of China to the World Trade Organization (WTO, on the cucumber world market. Special emphasis on the impact on Mexico was presented, from a worldwide perspective. A spatial equilibrium model with endogenous prices was constructed for this purpose. Among the findings are: (1 Mexican producers benefited from the complete implementation of NAFTA and EUMFTA. (2 The incorporation of China as a member of the WTO showed a negligible effect on the commercial flows and prices in the cucumber world market. (3 Mexican cucumber production is highly competitive, in the world market, because it has the lowest supply costs.

  1. Doha round of WTO negotiations and the domestic support for agriculture in Serbia

    Directory of Open Access Journals (Sweden)

    Popović Vesna

    2007-01-01

    Full Text Available Beside the fact that the green box essential inspection has, obviously, not been carried out, the long expected modality draft in the agricultural sector for July 2006 is full of opposing ponts of view and conflicting solutions to the problem. Thus, the negotiations have been completely suspended, as the very result of the lack of agreement in the field of agriculture (market approach and internal support. It is expected that Doha round of WTO negotiations should result with a significant improvement in reduction of trade distortion support. Serbia is in the process of joining the WTO and is intensively working on meeting the obligations that are expected to be completed in the process; in this case, in the field of internal support to agriculture. .

  2. Book review: Unholy trinity: The IMF, World Bank and WTO Richard Peet

    Directory of Open Access Journals (Sweden)

    M Breitenbach

    2014-05-01

    Full Text Available In this timely book Richard Peet and his team lay the foundation with an excellent analysis of the process of globalisation and the resultant emergence of the global economy. The authors are especially critical of the increasing influence of institutions like the International Monetary Fund (IMF, World Bank and World Trade Organisation (WTO on the economy and the consequences experienced by peoples, cultures and the environment. The single ideology of neo-liberalism is blamed for the undesirable outcomes. This book considers concepts of power, political interest, hegemony, discourse, responsibility and the power of practicality, in critically examining the IMF, World Bank and WTO. The conclusion is reached that “all three institutions play roles greatly different from those originally agreed to under the charters that set them up”.

  3. Canada ordered to implement WTO ruling against "stockpiling" of generic drugs.

    Science.gov (United States)

    Elliott, R

    2000-01-01

    In the last issue, we reported on a mixed World Trade Organization (WTO) ruling regarding Canada's patent laws, based on a complaint by the member states of the European Communities (joined by the United States). In March 2000, a WTO Panel accepted the provision in Canada's Patent Act that creates an "early working exception" to patent rights--in other words, that allows a third party to use a patented invention during the term of patent protection, as long as the use is for obtaining regulatory approval of an equivalent product to be sold once the patent expires. This was an important victory from the perspective of allowing earlier access to generic versions of patented drugs.

  4. Boosting trade finance in developing countries: What link with the WTO?

    OpenAIRE

    Auboin, Marc

    2007-01-01

    The paper discusses the efforts deployed by various players, mainly multilateral financial institutions, regional development banks, export credit agencies, to mobilize greater flows of trade finance for developing countries, with a view to help them integrate in world trade. As an institution geared towards the balanced expansion of world trade, the WTO is in the business of making trade possible. Its various functions include reducing trade barriers, negotiating and implementing global trad...

  5. WTO disciplines on agricultural support: Experience to date and assessment of Doha proposals

    OpenAIRE

    Orden, David; Blandford, David; Josling, Timothy Edward; Brink, Lars

    2011-01-01

    When the World Trade Organization (WTO) was created in 1995, its members committed themselves to a set of disciplines for domestic support, market access, and export competition for agriculture. The Agreement on Agriculture laid the way for the pursuit of progressive reductions in world agricultural market distortions. Its supporters hoped the new rules and commitments would encourage countries to move domestic farm policies in a less trade-distorting direction. This research brief examines t...

  6. The fight against corruption in international trade: challenges and prospects for WTO rules

    Directory of Open Access Journals (Sweden)

    Luciana Dutra de Oliveira Silveira

    2016-12-01

    Full Text Available The economic globalization and market opening process initiated in the early 1990s generated several effects, among them, the growth of opportunities for the practice of corruption in the field of international trade. The present article addresses this debate aiming to discuss the challenges to improve multilateral anti-corruption rules and suggest possible mechanisms that allow a more engaged participation of the WTO in the anticorruption movement.

  7. APPLICATION OF THE WTO AGREEMENTS IN NATIONAL COURTS: COMPARATIVE ASPECTS OF WORLDWIDE AND LITHUANIAN JUDICIAL PRACTICES

    Directory of Open Access Journals (Sweden)

    Saulius Katuoka

    2018-01-01

    Full Text Available This article analyses the main World Trade Organization (WTO agreements: the 1994 GATT agreement and the agreements on the determination of the customs value and customs origin of goods. It also describes the problems involved in granting the direct effect of this external legislation in the Republic of Lithuania from the time of its accession to the WTO in 2001 and entry into the European Union (EU in 2004. The article seeks to answer the question of whether the external WTO legislation should be recognised as legal acts in the national legal system, with the capability for direct application in judicial proceedings. The article also considers whether individual persons can invoke the WTO agreements at a national level (in national courts to protect their legitimate rights and interests in international trade operations. In addition, it includes an analysis of practices followed by judicial authorities in the EU and countries in other regions, including the individual EU member states. The analysis leads to the conclusion that, unlike the case law of the Court of Justice of the European Union, the practices and experience of the Republic of Lithuania are essentially based on the provision that these sources of law could be directly applied at a national level in judicial cases related to the taxation of international trade operations. Analysis of the relevant issues is based on both theoretical (analysis and synthesis, systematic analysis and empirical methods (the statistical analysis of data, the evaluation and textual analysis of documents – in particular, decisions of national courts and the Court of Justice of the European Union (CJEU.

  8. Effect of NAFTA, EUMFTA and China addition to WTO on the cucumber world market

    OpenAIRE

    Ramon Guajardo-Quiroga

    2010-01-01

    This study empirically analyzed the potential effects of the complete operation of North American Free Trade Agreement (NAFTA), European Union and Mexico Free Trade Agreement (EUMFTA), and the integration of China to the World Trade Organization (WTO), on the cucumber world market. Special emphasis on the impact on Mexico was presented, from a worldwide perspective. A spatial equilibrium model with endogenous prices was constructed for this purpose. Among the findings are: (1) Mexican produce...

  9. THE IMPACT OF CHINA´S ACCESSION TO WTO ON THE EXPORTS OF DEVELOPING COUNTRIES

    OpenAIRE

    S.M. Shafaeddin

    2002-01-01

    Using the "revealed competitive advantage indices" for exports and imports, the paper is devoted to the analyses of the vulnerability of selected developing countries if China´s competitive position is improved due to its entry to WTO. In contrast to the existing literature which concentrates on labour-intensive products as a group, this paper considers products at a disaggregate level since products in the same group are not often homogeneous. In labour-intensive manufactured goods, China co...

  10. Radiative Corrections for Wto e barν Decay in the Weinberg-Salam Model

    Science.gov (United States)

    Inoue, K.; Kakuto, A.; Komatsu, H.; Takeshita, S.

    1980-09-01

    The one-loop corrections for the Wto e barν decay rate are calculated in the Weinberg-Salam model with arbitrary number of generations. The on-shell renormalization prescription and the 't Hooft-Feynman gauge are employed. Divergences are treated by the dimensional regularization method. Some numerical estimates for the decay rate are given in the three-generation model. It is found that there are significant corrections mainly owing to fermion-mass singularities.

  11. [Challenge and opportunity of entry to WTO brings to scientific and technological periodical].

    Science.gov (United States)

    Tian, Yun-Mei

    2004-11-01

    After our country enters WTO, confronted with the direct influence in big international market opening, editorial department will face fierce competition. Selecting the superior and eliminate the inferior will test every publishing house and every magazine directly. In order to improve the competition level, author has analyzed the current situation of China's periodical development, and then explored the scientific and technological periodical opportunity and challenge faced under the new situation.

  12. Canada's Sub-Central Coverage Under the WTO Agreement on Government Procurement

    OpenAIRE

    Collins, D. A.

    2008-01-01

    Discusses Canada's failure to include its provincial governments in its commitments to the WTO Agreement on Government Procurement. Canada is one of the only developed states that has not opened government contracts to international competition. This may be linked to a strong sense of regionalism where government contracts are typically awarded to contractors within each province as well as a reluctance of governments to privatize traditional state purchasing generally.

  13. Incidence of the WTO Anti-Discrimination Rules on Corporation Income Taxation

    OpenAIRE

    Hatice Jenkins; Glenn Jenkins

    2007-01-01

    Many countries with free trade zones or export processing zones now exempt from corporate income taxation the income of firms exporting from these areas. The WTO has attempted to eliminate this exemption through its rules to promote the non-discrimination of fiscal systems with respect to export production. In particular, these rules do not allow countries to exempt the income of firms exporting from Free Trade Zones from corporate income taxation. This paper examines both theoretically as we...

  14. General Principles of the WTO and European Community Laws in Building International Competition Norms

    Directory of Open Access Journals (Sweden)

    Chan Mo Chung

    2002-12-01

    Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.

  15. DOES AFTA AND CHINA'S ENTRY INTO WTO AFFECT FDI IN ASEAN COUNTRIES?

    Directory of Open Access Journals (Sweden)

    Mohd Zaini Abd Karim

    2005-01-01

    Full Text Available Foreign direct investment (FDI plays an important role in the rapid economic development of the newly industrializing and developing economies of Southeast Asia. In terms of the regions attractiveness, ASEAN region is a leading recipient of FDI flows in the developing world, with five ASEAN countries in the top 20 developing-countries recipients of long-term global capital flows from 1997 to 1998. While the creation of AFTA may help FDI inflows to ASEAN countries, China's entry into World Trade Organization (WTO will be the opposite and has caused a great deal of worry to ASEAN countries. The objective of this paper is to empirically determine the effect of ASEAN Free Trade Area (AFTA and China's entry into WTO on the inflows of FDI into ASEAN countries. To achieve the objectives, Seemingly Unrelated Regression (SUR method was used to estimate the FDI equation. In general, the results indicate that the establishment of AFTA had a positive effect on FDI inflows to ASEAN countries while China's entry into WTO is the opposite.

  16. Nutrition issues in Codex: health claims, nutrient reference values and WTO agreements: a conference report.

    Science.gov (United States)

    Aggett, Peter J; Hathcock, John; Jukes, David; Richardson, David P; Calder, Philip C; Bischoff-Ferrari, Heike; Nicklas, Theresa; Mühlebach, Stefan; Kwon, Oran; Lewis, Janine; Lugard, Maurits J F; Prock, Peter

    2012-03-01

    Codex documents may be used as educational and consensus materials for member governments. Also, the WTO SPS Agreement recognizes Codex as the presumptive international authority on food issues. Nutrient bioavailability is a critical factor in determining the ability of nutrients to provide beneficial effects. Bioavailability also influences the quantitative dietary requirements that are the basis of nutrient intake recommendations and NRVs. Codex, EFSA and some national regulatory authorities have established guidelines or regulations that will permit several types of health claims. The scientific basis for claims has been established by the US FDA and EFSA, but not yet by Codex. Evidence-based nutrition differs from evidence-based medicine, but the differences are only recently gaining recognition. Health claims on foods may provide useful information to consumers, but many will interpret the information to mean that they can rely upon the food or nutrient to eliminate a disease risk. NRVs are designed to provide a quantitative basis for comparing the nutritive values of foods, helping to illustrate how specific foods fit into the overall diet. The INL-98 and the mean of adult male and female values provide NRVs that are sufficient when used as targets for individual intakes by most adults. WTO recognizes Codex as the primary international authority on food issues. Current regulatory schemes based on recommended dietary allowances are trade restrictive. A substantial number of decisions by the EFSA could lead to violation of WTO agreements.

  17. Considering WTO law in the design of climate change regimes beyond Kyoto

    Science.gov (United States)

    Gaines, Sanford E.

    2009-11-01

    This article describes the most important provisions of World Trade Organization (WTO) agreements that should be considered in designing laws and regulations under likely post-Kyoto climate change mitigation regimes. The Kyoto Protocol and the expected post-Kyoto international climate agreement depend on national measures to implement market-based mitigation measures. This market strategy promotes international exchanges of goods, investments, and services such as cross-border trading of credits for emissions reductions and transnational financing for projects that avoid emissions through the Clean Development Mechanism. Moreover, the United States and other countries, concerned over "leakage" of greenhouse gas (GHG) emissions through relocation of industry to other countries coupled with political worry over manufacturing competitiveness, have proposed national climate legislation containing border adjustments on imported goods or implicit subsidies for national producers, raising additional WTO considerations. The article assesses the likely effectiveness of such trade-related measures in achieving climate change mitigation goals and the potential trade policy infringements and trade distortions that they might bring about. Alternative strategies for achieving GHG mitigation goals in closer conformity with WTO law and policy will be suggested.

  18. Considering WTO law in the design of climate change regimes beyond Kyoto

    International Nuclear Information System (INIS)

    Gaines, Sanford E

    2009-01-01

    This article describes the most important provisions of World Trade Organization (WTO) agreements that should be considered in designing laws and regulations under likely post-Kyoto climate change mitigation regimes. The Kyoto Protocol and the expected post-Kyoto international climate agreement depend on national measures to implement market-based mitigation measures. This market strategy promotes international exchanges of goods, investments, and services such as cross-border trading of credits for emissions reductions and transnational financing for projects that avoid emissions through the Clean Development Mechanism. Moreover, the United States and other countries, concerned over 'leakage' of greenhouse gas (GHG) emissions through relocation of industry to other countries coupled with political worry over manufacturing competitiveness, have proposed national climate legislation containing border adjustments on imported goods or implicit subsidies for national producers, raising additional WTO considerations. The article assesses the likely effectiveness of such trade-related measures in achieving climate change mitigation goals and the potential trade policy infringements and trade distortions that they might bring about. Alternative strategies for achieving GHG mitigation goals in closer conformity with WTO law and policy will be suggested.

  19. Arbitration Award of ICSID on the Investment Disputes of Churchill Mining PLC v. Republic of Indonesia

    Directory of Open Access Journals (Sweden)

    Yordan Gunawan

    2017-03-01

    Full Text Available The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.

  20. DISPUTE RESOLUTION MECHANISM IN COMMERCIAL CONSTRUCTION PROJECTS: A REVIEW

    OpenAIRE

    Priyanka Sakate*, Dr.Arun W. Dhawale

    2017-01-01

    The number and complexity of contract disputes have increased dramatically in recent years. At the same time, the delays and costs associated with litigation have become more significant. This section provides an overview of dispute resolution methods commonly used. The increasing trend to alternative methods of resolving disputes suggests a considerable dissatisfaction with the traditional litigation process, at least in certain types of construction cases. However, it must be emphasized tha...

  1. PENYELESAIAN SENGKETA BISNIS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR

    Directory of Open Access Journals (Sweden)

    Joko Nur Sariono

    2006-07-01

    Full Text Available ADR represent alternative of solving of extrajudical done law dispute that is passing process of negonisasi and of mediasi and of abitrase for the process of and negonisasi of mediasi represent process of is solving of dispute compromisely with result of troubleshooting with while abitrasi represent process of solving of dispute by compromise of negonisasi compete which decision have the character of final.

  2. Future Scenarios of the South China Sea Maritime Disputes

    OpenAIRE

    Shee, Poon Kim

    2014-01-01

    The focus of this paper is to analyze three future scenarios in the maritime disputes in the South China Sea. These namely are No War Scenario, Impasse Scenario and Peace Scenario. Ultimately, the way forward towards a viable solution to resolving the South China Sea maritime disputes between China and other claimant states depends on the political wisdom, will and determination of the disputing states. Lofty nationalistic aspirations have to be tempered with a degree of flexibility and pragm...

  3. Dispute Resolution and Technology: Revisiting the Justification of Conflict Management

    OpenAIRE

    Koulu, Riikka

    2016-01-01

    This study, Dispute Resolution and Technology: Revisiting the Justification of Conflict Management, belongs to the fields of procedural law, legal theory and law and technology studies. In this study the changes in dispute resolution caused by technology are evaluated. The overarching research question of this study is how does implementing technology to dispute resolution challenge the justification of law as a legitimised mode of violence? Before answering such an abstract research question...

  4. 14 CFR 17.33 - Election of alternative dispute resolution process.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Election of alternative dispute resolution... TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.33 Election of alternative dispute resolution process. (a) The Office of Dispute Resolution for...

  5. Sociological Perspectives on Sexual Harassment and Workplace Dispute Resolution.

    Science.gov (United States)

    Lach, Denise H.; Gwartney-Gibbs, Patricia A.

    1993-01-01

    Sexual harassment is the most visible example of workplace disputes that systematically disadvantage women. The prevalence of sexual harassment contributes to the persistence of occupational sex segregation. (SK)

  6. Alternative dispute resolution: a conflict management tool in health care.

    Science.gov (United States)

    Liberman, A; Rotarius, T M; Kendall, L

    1997-12-01

    This article focuses on methods of resolving conflict either within or between health care organizations using an alternative dispute resolution (ADR) strategy. After identifying the principal sources of contemporary disagreements within health services settings, the authors describe the basis of ADR. This is followed by a discussion of some common obstacles to settling a dispute. The principal communication guidelines and stages of a mediation session are presented. An alternative dispute resolution framework is proposed that includes an Office of Dispute Resolution (ODR). Also provided is a series of attributes that together comprise the core of mediation as a discipline.

  7. Defining Marriage: Classification, Interpretation, and Definitional Disputes

    Directory of Open Access Journals (Sweden)

    Fabrizio Macagno

    2016-09-01

    Full Text Available The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only about what mar- riage is, but more importantly about the dialectical rules for defining it.

  8. Alternative Dispute Resolution : A Viable Method for Settling Government Contract Disputes

    Science.gov (United States)

    1993-06-01

    Estoppel : Using Preclusion to Shape Procedural Choices," 63 Tulane Law Review 20, 1988. Murray, "Lawyers and Alternative Dispute Resolution Success," 14...1988. Shell, "Res Judicata and Collateral Estoppel Effects of Commercial Arbitration," 35 UCLA Law Review 623, 1988. Shell, "The Role of Public Law in

  9. The Evolving Law of Disputed Relocation: constructing inner-city renewal practices in Shanghai, 1990-2005.

    Science.gov (United States)

    Shih, Mi

    2010-01-01

    The forceful pursuit of inner-city renewal in Shanghai since the early 1990s has to a great extent achieved spatial modernization, but at the same time it has given rise to increasing conflicts over residential relocation. Using law as a prism through which to examine the dialectic relationship between renewal practices and disputed relocation, this article argues that the series of unprecedented enactments in law that have taken place during this period have both paved the way for real estate market expansion and been a significant source of relocation disputes in Shanghai. Rather than viewing law as simply given and determinate, the article traces the regulatory regime's codification of property practices as a means of actively responding to the requirements of the real estate market. Under large-scale renewal practices, residents' legal rights of "return settlement" (huiban) in inner-city areas were largely denied in the early 1990s, before being effectively abolished by the adoption of monetary compensation for displacement in the 2000s. The evolving law on property practices has greatly shaped the process of disputed relocation while simultaneously posing a potential challenge to China's use of law for market-oriented development.

  10. The Initial Nine Space Settlements

    Science.gov (United States)

    Gale, Anita E.; Edwards, Richard P.

    2003-01-01

    The co-authors describe a chronology of space infrastructure development illustrating how each element of infrastructure enables development of subsequent more ambitious infrastructure. This is likened to the ``Southern California freeway phenomenon'', wherein a new freeway built in a remote area promotes establishment of gas stations, restaurants, hotels, housing, and eventually entire new communities. The chronology includes new launch vehicles, inter-orbit vehicles, multiple LEO space stations, lunar mining, on-orbit manufacturing, tourist destinations, and supporting technologies required to make it all happen. The space settlements encompassed by the chronology are in Earth orbit (L5 and L4), on the lunar surface, in Mars orbit, on the Martian surface, and in the asteroid belt. Each space settlement is justified with a business rationale for construction. This paper is based on materials developed for Space Settlement Design Competitions that enable high school students to experience the technical and management challenges of working on an industry proposal team.

  11. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  12. Economic Effects of Russia’s Trade Liberalization: Russia’s WTO Accession and FTAs with EU and Korea

    Directory of Open Access Journals (Sweden)

    Chang-Soo Lee

    2008-06-01

    Full Text Available This paper estimates the economic impacts of the various liberalization scenarios of Russia (accession to the WTO, Russia-EU FTA, and Korea-Russia FTA using GTAP recursive dynamic and capital accumulation models. To compare liberalization gains from goods liberalization with those from goods-and-services liberalization, the original GTAP database is adjusted by inputting Australian sectoral indices as barriers in the service trade. The major findings and implications of this paper are as follows. First, without simultaneous improvement of market institutions, Russia's liberalization gains from its accession to the WTO are not so great. Second, the inclusion of the services sector in addition to the goods sector in the WTO liberalization scenarios does not greatly expand Russia's economic benefits from trade. This is quite different from the case of China's accession to the WTO. Third, Russia's liberalization gains from the Russia-EU FTA are not so great, either. This result is in contrast to that of CEEC's accession to the EU, where the CEEC enjoys large gaThis paper estimates the economic impacts of the various liberalization scenarios of Russia (accession to the WTO, Russia-EU FTA, and Korea-Russia FTA using GTAP recursive dynamic and capital accumulation models. To compare liberalization gains from goods liberalization with those from goods-and-services liberalization, the original GTAP database is adjusted by inputting Australian sectoral indices as barriers in the service trade. The major findings and implications of this paper are as follows. First, without simultaneous improvement of market institutions, Russia's liberalization gains from its accession to the WTO are not so great. Second, the inclusion of the services sector in addition to the goods sector in the WTO liberalization scenarios does not greatly expand Russia's economic benefits from trade. This is quite different from the case of China's accession to the WTO. Third, Russia

  13. Prinsip Liberalisasi Perdagangan World Trade Organization (WTO dalam Pembaharuan Hukum Investasi di Indonesia ( Undang-undang Nomor 25 Tahun 2007

    Directory of Open Access Journals (Sweden)

    cep Rohendi

    2014-08-01

    Full Text Available Abstrak Undang-Undang Nomor 25 Tahun 2007 tentang Penanaman Modal (UUPM merupakan peraturan mengenai investasi di Indonesia yang menggantikan Undang-Undang Nomor 1 Tahun 1967 tentang Investasi Asing dan Undang-Undang Nomor 5 Tahun 1968 tentang Investasi Domestik. Undang-undang ini tidak lagi membedakan antara investasi asing dan domestik. Pembentukan undang-undang ini merupakan komitmen Indonesia atas diratifikasinya Agreement Establishing the World Trade Organization (WTO Agreement Pasal XVI, Ayat 4 dari Agreement tersebut mewajibkan negara anggota untuk menyesuaikan aturan-aturan atau hukum perdagangan mereka dengan aturan-aturan yang terdapat dalam Annex di WTO Agreement. Prinsip-prinsip WTO yang telah diimplementasikan pada UUPM, yaitu: 1 Prinsip (Most-Favoured-Nation dalam Pasal 1 ayat (1, Pasal 3 ayat (1, Pasal 4 ayat (2, dan Pasal 6 ayat (1; 2 Prinsip National Treatment dalam Pasal 6 ayat (1; 3 Prinsip Larangan Restriksi (pembatasan Kuantitatif dapat ditemukan dalam Pasal 8; 4 Prinsip Perlindungan melalui Tarif yang ditemukan secara tersirat pada asas efisiensi berkeadilan dalam Pasal 3 ayat (1 dan Pasal 14; 5 Prinsip Resiprositas dapat ditemukan dalam Pasal 7 dan Pasal 32; 6 Prinsip Perlakuan Khusus bagi Negara Berkembang diatur dalam Pasal 13. Indonesia telah mengimplementasi prinsip-prinsip tersebut sebagaimana diwajibkan bagi negara-negara anggota WTO. Abstract Law Number 25 Year 2007 is the investment law of Indonesia which replaces Law Number 1 year 1967 on Foreign Investment and Law Number 5 year 1968 on Domestic Investment. This new law no longer distinguishes foreign and domestic investment. The formation of law Number 25 Year 2007 is the commitment of Indonesia upon ratification of the (WTO Agreement. Article XVI paragraph 4 of the Agreement Establishing the WTO requires state parties to adjust their rules or which law of trade with the rules contained in the WTO Agreement Annex. WTO principles which have been implemented in the

  14. Monitoring informal settlements using SAR polarimetry

    CSIR Research Space (South Africa)

    Kleynhans, W

    2012-10-01

    Full Text Available for settlement mapping and detection has remained largely unexplored in Southern Africa. The objective of this study is to investigate the possible role that SAR polarimetry could play in the monitoring of informal settlements....

  15. Prediction of embankment settlement over soft soils.

    Science.gov (United States)

    2009-06-01

    The objective of this project was to review and verify the current design procedures used by TxDOT : to estimate the total and rate of consolidation settlement in embankments constructed on soft soils. Methods : to improve the settlement predictions ...

  16. Russia's accession to the WTO as an important factor of the country's integration into the world economy

    Directory of Open Access Journals (Sweden)

    Linetsky Alexander

    2011-12-01

    Full Text Available Russia's accession to the WTO is an efficient instrument of the country's integration into the globalized world economy. However, it can adversely affect a number of enterprises and industries within the national economy. Thus, there is a need to develop a methodology for the assessment of the preparedness for operating under WTO membership conditions, which can be practically applied in the development of measures aimed at increasing the competitiveness of economic entities. This determines the objective of the research. This article offers the author's assessment of the reasonability of Russia's accession to the WTO and suggests methodological approaches to the assessment of preparedness of the constituent entities of the Russian Federation for functioning in the new economic conditions based on the algorithm of choosing a system of indicators, as well as the organisation of enterprise monitoring according to this system, which makes it possible to formulate rational administrative decisions in order to minimise the adverse effects of Russia's accession to the WTO. The major result of the research is the conclusion that, although the objective of identifying the start position of the constituent entities before the accession to the WTO and its possible implications is quite difficult to attain, it is both theoretically and practically feasible.

  17. Reform at the top: What's next for the WTO? A second life? A socio-political analysis

    Directory of Open Access Journals (Sweden)

    Daniel Drache

    2011-05-01

    Full Text Available A fundamental change is taking place in the global economy, and the standoff in the Doha Round has raised many questions about the World Trade Organization’s troubled architecture (Khor, 2009. So far, the quest for renewed policy coherence in the rules-based multilateral system has produced stalemate rather than reform. The analysis that follows explores the proposition that, without the metaphoric ‘knife at its throat’ to shock it to its senses, the WTO will continue in the short term to be trapped by its existing architecture. There is no coherent reform-minded movement supported by a critical number of states to instigate a change in the way the WTO does business. The paper looks at the following idea: with many states pursuing new policy frames to enhance their strategic interests, the second life of the WTO will be dramatically different from the present configuration. A lengthy trade pause is a certainty. Four options of what the WTO will become are examined. The conclusion is that as a governance body the WTO faces gradual and likely irreversible decline. It will have a smaller remit, be prone to mini-multilateralism and have to learn to live with a proliferation of regional trade agreements. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1832354

  18. The South China Sea Dispute : Perspective of International Law

    NARCIS (Netherlands)

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of

  19. Alternative Dispute Resolution in Ethiopia - A Legal Framework

    African Journals Online (AJOL)

    Nekky Umera

    position of usage and acceptance in its modern form. Recent ... bound to be consequences arising out of such struggles. ... though a court may order the process itself, the parties in dispute are ... wishes to recommend to solving disputes among African .... rights, actions and claims in a suit, it automatically results in the ...

  20. 46 CFR 5.71 - Maritime labor disputes.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Maritime labor disputes. 5.71 Section 5.71 Shipping... REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.71 Maritime labor disputes. Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime...

  1. The Effectiveness of Alternative IEP Dispute Resolution Practices

    Science.gov (United States)

    Scanlon, David; Saenz, Lauren; Kelly, Michael P.

    2018-01-01

    Alternative Individualized Education Program (IEP) dispute resolution models should respond to limitations of current options. An experimental IEP dispute resolution program provides parents and schools with an evidence-supported neutral perspective on what is needed for free and appropriate education (FAPE) and least restrictive environment…

  2. Alternative Dispute Resolution in Ethiopia- A Legal Framework ...

    African Journals Online (AJOL)

    This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...

  3. Literacy, Numeracy and Alternative Dispute Resolution: Support Document

    Science.gov (United States)

    Cumming, J. Joy; Wilson, Janice M.

    2005-01-01

    This document was produced by the authors based on their research for the report "Literacy, Numeracy and Alternative Dispute Resolution," and is an added resource for further information. It contains the appendices: (1) Published statistics on mediation/alternative dispute resolution in Australian courts and tribunals over the period…

  4. 5 CFR 2423.2 - Alternative Dispute Resolution (ADR) services.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) services. 2423.2 Section 2423.2 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL... Filing, Investigating, Resolving, and Acting on Charges § 2423.2 Alternative Dispute Resolution (ADR...

  5. Alternative dispute resolution (ADR) for dentists: a better way.

    Science.gov (United States)

    Freudman, L

    1998-06-01

    Any dentist faced with a legal or potential legal dispute should consider all the options available to handle the dispute. Selection of the appropriate process may be approached from a consumer's perspective, with the emphasis on service, value and satisfaction. Awareness of ADR and its proper utilization can assist the dentist in choosing the method that will result in the most satisfactory outcome.

  6. 17 CFR 201.240 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Settlement. 201.240 Section... of Practice Initiation of Proceedings and Prehearing Rules § 201.240 Settlement. (a) Availability... party to a proceeding already instituted, may, at any time, propose in writing an offer of settlement...

  7. 28 CFR 24.304 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Settlement. 24.304 Section 24.304... DEPARTMENT OF JUSTICE ADMINISTRATIVE PROCEEDINGS Procedures for Considering Applications § 24.304 Settlement. A prevailing party and Department counsel may agree on a proposed settlement of an award before...

  8. 29 CFR 101.7 - Settlements.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Settlements. 101.7 Section 101.7 Labor Regulations Relating... Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.7 Settlements. Before any complaint... for the submission and consideration of facts, argument, offers of settlement, or proposals of...

  9. 15 CFR 18.19 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Settlement. 18.19 Section 18.19... Procedures for Considering Applications § 18.19 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a...

  10. 49 CFR 6.29 - Settlement.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Settlement. 6.29 Section 6.29 Transportation... PROCEEDINGS Procedures for Considering Applications § 6.29 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection...

  11. 7 CFR 1.345 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 1 2010-01-01 2010-01-01 false Settlement. 1.345 Section 1.345 Agriculture Office of... Under the Program Fraud Civil Remedies Act of 1986 § 1.345 Settlement. (a) A respondent may make offers of compromise of settlement at any time. (b) The reviewing official has the exclusive authority to...

  12. 22 CFR 134.25 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Settlement. 134.25 Section 134.25 Foreign... Considering Applications § 134.25 Settlement. The applicant and the Department of State may agree on a proposed settlement of the award before final action on the application, either in connection with a...

  13. 17 CFR 201.54 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Settlement. 201.54 Section 201... Regulations Pertaining to the Equal Access to Justice Act § 201.54 Settlement. The applicant and counsel for the Office or Division of the Commission may agree on a proposed settlement of the award before final...

  14. 40 CFR 17.24 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Settlement. 17.24 Section 17.24... JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS Procedures for Considering Applications § 17.24 Settlement. A prevailing party and EPA counsel may agree on a proposed settlement of an award before final...

  15. 14 CFR 14.25 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Settlement. 14.25 Section 14.25 Aeronautics... IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 Procedures for Considering Applications § 14.25 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action...

  16. 29 CFR 2704.305 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Settlement. 2704.305 Section 2704.305 Labor Regulations... Settlement. In the event that counsel for the Secretary and an applicant agree to settle an EAJA claim after... of the settlement and request dismissal of the application. [63 FR 63177, Nov. 12, 1998] ...

  17. 24 CFR 1720.180 - Settlements.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Settlements. 1720.180 Section 1720... Proceedings General Provisions § 1720.180 Settlements. Parties may propose in writing, at any time during the course of a proceeding, offers of settlement which shall be submitted to the Secretary. If determined to...

  18. 37 CFR 11.26 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Settlement. 11.26 Section 11... Disciplinary Proceedings; Jurisdiction, Sanctions, Investigations, and Proceedings § 11.26 Settlement. Before or after a complaint under § 11.34 is filed, a settlement conference may occur between the OED...

  19. 39 CFR 960.17 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Settlement. 960.17 Section 960.17 Postal Service... ACT IN POSTAL SERVICE PROCEEDINGS Procedures for Considering Applications § 960.17 Settlement. The applicant and the Postal Service may agree on a proposed settlement of the award before final action on the...

  20. 32 CFR 536.55 - Structured settlements.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Structured settlements. 536.55 Section 536.55... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.55 Structured settlements. (a) The... of this part, structured settlements cannot be required but are encouraged in situations listed above...

  1. 39 CFR 958.23 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Settlement. 958.23 Section 958.23 Postal Service..., CLEAN-UP COSTS AND DAMAGES FOR VIOLATION OF HAZARDOUS MATERIAL REGULATIONS § 958.23 Settlement. Either party may make offers of settlement or proposals of adjustment at any time. The Determining Official has...

  2. 7 CFR 1782.20 - Debt Settlement.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Debt Settlement. 1782.20 Section 1782.20 Agriculture... (CONTINUED) SERVICING OF WATER AND WASTE PROGRAMS § 1782.20 Debt Settlement. Pursuant to 7 U.S.C. 1981, this section prescribes policies for debt settlement of Water and Waste Disposal loans; Watershed loans and...

  3. 5 CFR 2430.10 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Settlement. 2430.10 Section 2430.10... FEDERAL LABOR RELATIONS AUTHORITY AWARDS OF ATTORNEY FEES AND OTHER EXPENSES § 2430.10 Settlement. The applicant and the General Counsel may agree on a proposed settlement of the award before final action on the...

  4. 19 CFR 212.24 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 3 2010-04-01 2010-04-01 false Settlement. 212.24 Section 212.24 Customs Duties... IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 212.24 Settlement. The applicant and the Commission may agree on a proposed settlement of the award before final action...

  5. 15 CFR 904.213 - Settlements.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Settlements. 904.213 Section 904.213 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) NATIONAL OCEANIC... and Appeal Procedures General § 904.213 Settlements. If settlement is reached before the Judge has...

  6. 12 CFR 1705.24 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Settlement. 1705.24 Section 1705.24 Banks and... Consideration of the Application for Award § 1705.24 Settlement. The applicant and agency counsel may agree on a proposed settlement of an award before the final decision on the application for award is made, either in...

  7. 7 CFR 1951.213 - Debt settlement.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 14 2010-01-01 2009-01-01 true Debt settlement. 1951.213 Section 1951.213 Agriculture... and Grants § 1951.213 Debt settlement. Subpart C of part 1956 of this chapter prescribes policies and procedures for debt settlement actions for loans covered under this subpart when it is determined that a debt...

  8. 24 CFR 28.45 - Settlements.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Settlements. 28.45 Section 28.45... IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 28.45 Settlements. (a) HUD and the respondent may enter into a settlement agreement at any time prior to the issuing of a notice of final...

  9. 10 CFR 1023.324 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Settlement. 1023.324 Section 1023.324 Energy DEPARTMENT OF... Justice Act Procedures for Considering Applications § 1023.324 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in...

  10. 24 CFR 3800.60 - Settlements.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Settlements. 3800.60 Section 3800... DEVELOPMENT INVESTIGATIONS IN CONSUMER REGULATORY PROGRAMS § 3800.60 Settlements. (a) At any time during an investigation, the Department and the parties subject to an investigation may conduct settlement negotiations...

  11. 14 CFR 1262.305 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Settlement. 1262.305 Section 1262.305... PROCEEDINGS Procedures for Considering Applications § 1262.305 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in...

  12. 15 CFR 990.25 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Settlement. 990.25 Section 990.25... DAMAGE ASSESSMENTS Authorities § 990.25 Settlement. Trustees may settle claims for natural resource damages under this part at any time, provided that the settlement is adequate in the judgment of the...

  13. 15 CFR 280.219 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Settlement. 280.219 Section 280.219... Enforcement § 280.219 Settlement. (a) Cases may be settled before service of a charging letter. In cases in which settlement is reached before service of a charging letter, a proposed charging letter will be...

  14. 45 CFR 13.24 - Settlements.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Settlements. 13.24 Section 13.24 Public Welfare... ACT IN AGENCY PROCEEDINGS Procedures for Considering Applications § 13.24 Settlements. The applicant and the agency's litigating party may agree on a proposed settlement of the award at any time prior to...

  15. 17 CFR 9.7 - Settlement.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlement. 9.7 Section 9.7... DISCIPLINARY, ACCESS DENIAL OR OTHER ADVERSE ACTIONS General Provisions § 9.7 Settlement. At any time before... accordance with § 9.20, the parties may file a stipulation for dismissal based on a settlement agreement...

  16. 29 CFR 2204.306 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Settlement. 2204.306 Section 2204.306 Labor Regulations... Procedures for Considering Applications § 2204.306 Settlement. The applicant and the Secretary may agree on a proposed settlement of the award before final action on the application, either in connection with a...

  17. 13 CFR 134.217 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Settlement. 134.217 Section 134... BEFORE THE OFFICE OF HEARINGS AND APPEALS Rules of Practice for Most Cases § 134.217 Settlement. At any... have settled the case, and may file with such motion a copy of the settlement agreement. If the Judge...

  18. 5 CFR 2610.306 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Settlement. 2610.306 Section 2610.306... ACCESS TO JUSTICE ACT Procedures for Considering Applications § 2610.306 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application...

  19. 29 CFR 16.303 - Settlement.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Settlement. 16.303 Section 16.303 Labor Office of the Secretary of Labor EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 16.303 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action...

  20. 15 CFR 766.18 - Settlement.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Settlement. 766.18 Section 766.18... PROCEEDINGS § 766.18 Settlement. (a) Cases may be settled before service of a charging letter. In cases in which settlement is reached before service of a charging letter, a proposed charging letter will be...