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Book part
Publication date: 1 February 2009

Andrew G. Brown and Robert M. Stern

We first discuss what fairness may mean in the context of the dispute settlement process, noting the crucial relation between fairness in dispute settlement and the functioning of…

Abstract

We first discuss what fairness may mean in the context of the dispute settlement process, noting the crucial relation between fairness in dispute settlement and the functioning of the trading system as a whole. We explore this relation further through an analysis of three main groups of dispute settlement cases. These are cases that turn around the question of defining fair competition; cases that arise from the use of contingency measures; and cases that draw the boundaries between domestic regulatory measures and the trade-related norms and rules of the WTO. There follows an analysis of experience with compliance and with the use of countermeasures in various cases. Finally, taking together the rulings of the Dispute Settlement Body and the procedures for compliance and the use of countermeasures, we conclude that while the present dispute settlement process serves to protect the fairness of the trading system as a whole, there are some aspects of dispute settlement that remain problematic from the standpoint of fairness.

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Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

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Book part
Publication date: 23 May 2022

Mohd Nayyer Rahman, Badar Alam Iqbal and Nida Rahman

African Economies are a mix of emerging and developing economies, characterised by regional imbalances and socio-economic differences. Foreign Direct Investment and Trade has been…

Abstract

African Economies are a mix of emerging and developing economies, characterised by regional imbalances and socio-economic differences. Foreign Direct Investment and Trade has been important for the growth prospects of African Economies. In this paper, we attempt to study the impact of FDI and Trade in a COVID-19 scenario on the African Economies. We also study the lockdown restrictions in different regions of Africa. Applying Neural Network Analysis for the sample of 36 African Economies we identify the significant economic variables for GDP. The analysis based on a feedforward structure suggests that Merchandize Exports (MEXP) and Foreign Direct Investment Stock (FDIS) have very strong causal linkages with the GDP for African Economies sample. On the other hand, Merchandise Imports (MIMP), Services Exports (SEMP), Services Imports (SIMP), and Foreign Direct Investment Inflows (FDII) have a strong and significant relationship with GDP for the African Economies. Tariff Measures (TRFF), Anti-Dumping measures (ADP) and Foreign Direct Investment Outflows (FDIO) have no significant relationship.

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COVID-19 in the African Continent
Type: Book
ISBN: 978-1-80117-687-3

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Book part
Publication date: 6 August 2012

Guru Prakash Prabhakar and Pankaj Saran

Purpose – To provide a select perspective from India in terms of its Civil Services, leadership, and its unique challenges.Design/Methodology/Approach – This chapter features an…

Abstract

Purpose – To provide a select perspective from India in terms of its Civil Services, leadership, and its unique challenges.

Design/Methodology/Approach – This chapter features an interview with L. V. Saptharishi, Additional Secretary to the Ministry of Commerce & Industry, Government of India. The interview was conducted under the aegis of the GLOBE project (Global Leadership and Organizational Behaviour Effectiveness Research Programme).

Findings – Being a developing country and an emerging economic power, India has a set of unique challenges in the form of setting up agile organizational systems, policy formulation, and implementation. The new approach that has emerged is debureaucratizing the institutions, improving quality, market focus, and value addition.

Research limitations/Implications – This is not an exhaustive chapter as it is based on a single interview.

Practical implications – This is a unique piece as it focuses on the unique experiences of an important bureaucrat from India.

Originality/Value – This chapter is helpful for academicians and practitioners alike to understand the business- and leadership-related issues in India, particularly from a bureaucrat's point of view. This is an original piece of work.

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Emerging and Potential Trends in Public Management: An Age of Austerity
Type: Book
ISBN: 978-0-85724-998-2

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The Political Economy of Policy Reform: Essays in Honor of J. Michael Finger
Type: Book
ISBN: 978-0-44451-816-3

Book part
Publication date: 1 February 2009

Petros C. Mavroidis

In this chapter, I discuss the manner in which the Appellate Body (AB) has been completing the WTO contract through its case law. To do that, I first briefly examine the mandate…

Abstract

In this chapter, I discuss the manner in which the Appellate Body (AB) has been completing the WTO contract through its case law. To do that, I first briefly examine the mandate given to the AB. Having established that, I move to discuss the manner in which the AB has handled its mandate. The AB is called to settle disputes among WTO members by following a certain methodology for interpreting the WTO contract. The main conclusions that I draw are that the AB has not, as a general remark, overstepped its authority and that it has, with few outliers, traditionally followed an (overly) textualist interpretative approach. This attitude is probably consistent with the incentive structure of a risk averse agent who can always turn back and request from its principals to write a more complete contract next time. It has led, nonetheless, to some unfortunate results. Assuming that the current WTO agreement and the interpretative tools are not negotiable (although a re-weighing of the various factors included in the latter is both feasible and warranted), it is the institutional design of the AB and its supporting Secretariat that should probably be re-thought.

Details

Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

Keywords

Book part
Publication date: 30 June 2004

Harry Nelson and Ilan Vertinsky

Disputes about Canadian exports of softwood lumber to the U.S. have persisted for more than a century. In this paper the roots of the disputes and the prospects for their…

Abstract

Disputes about Canadian exports of softwood lumber to the U.S. have persisted for more than a century. In this paper the roots of the disputes and the prospects for their resolution are examined. The focus is on the following key factors: (1) the nature of supply and demand; (2) the normative differences underlying the systems of timber management in the two countries and differences about what constitutes a “level playing field”; (3) rent seeking by stakeholders; and (4) weakness in bilateral and multilateral trade dispute resolution institutions. The paper concludes that there are good reasons to expect short term solution to the current dispute but persistence of the disputes in the long run.

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North American Economic and Financial Integration
Type: Book
ISBN: 978-0-76231-094-4

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COVID-19 in the African Continent
Type: Book
ISBN: 978-1-80117-687-3

Abstract

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The Political Economy of Policy Reform
Type: Book
ISBN: 978-0-44451-816-3

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Book part
Publication date: 23 May 2022

Abstract

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COVID-19 in the African Continent
Type: Book
ISBN: 978-1-80117-687-3

Abstract

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Responsible Investment Around the World: Finance after the Great Reset
Type: Book
ISBN: 978-1-80382-851-0

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