Public Private Partnership For Wto Dispute Settlement

Author : Amrita Bahri
Publisher : Edward Elgar Publishing
ISBN 13 : 178643749X
Total Pages : 288 pages
Book Rating : 4.95/5 ( download)

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Download or read book Public Private Partnership for WTO Dispute Settlement written by Amrita Bahri and published by Edward Elgar Publishing. This book was released on 2018 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Private Partnership for WTO Dispute Settlement is an interdisciplinary work examining the growing interaction between business entities and public officials. Crucially, it identifies how this relationship can enable developing countries to effectively utilize the provisions of the World Trade Organization Dispute Settlement Understanding (WTO DSU).

Author : Amrita Bahri
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.72/5 ( download)

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Download or read book Public Private Partnership in WTO Dispute Settlement written by Amrita Bahri and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Gregory C. Shaffer
Publisher : Rowman & Littlefield
ISBN 13 : 0815796226
Total Pages : 247 pages
Book Rating : 4.20/5 ( download)

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Download or read book Defending Interests written by Gregory C. Shaffer and published by Rowman & Littlefield. This book was released on 2003-11-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the growing interaction between private enterprises and public officials to challenge foreign trade barriers. Building on more than one hundred interviews with former and current trade officials and private attorneys in the United States and Europe, Gregory Shaffer calls attention to the ways in which well-organized private parties are using the World Trade Organization's legal system to advance their own commercial ambitions, and how public officials increasingly are dependent on their assistance. Shaffer assesses the historical, political, legal, economic, and cultural factors that have affected the formation of these ad hoc public-private partnerships, as well as trends in the European Union toward U.S.-style practice. He considers the implications of these public-private trade litigation networks for the effectiveness and equity of the WTO system and the stability of U.S.-E.U. relations.

Author : Chad P. Bown
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.83/5 ( download)

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Download or read book WTO Dispute Settlement and the Missing Developing Country Cases written by Chad P. Bown and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The poorest WTO member countries almost universally fail to engage as either complainants or interested third parties in formal dispute settlement activity related to their market access interests. This paper focuses on costs of the WTO`s extended litigation process as an explanation for the potential but `missing` developing country engagement. We provide a positive examination of the current system, and we catalogue and analyze a set of proposals encouraging the private sector to provide DSU-specific legal assistance to poor countries. We investigate the role of legal service centres, non-governmental organizations, development organizations, international trade litigators, economists, consumer organizations, and law schools to provide poor countries with the services needed at critical stages of the WTO`s extended litigation process. In the absence of systemic rules reform, the public-private partnership model imposes a substantial cooperation burden on such groups as they organize export interests, estimate the size of improved market access payoffs, prioritize across potential cases, engage domestic governments, prepare legal briefs, assist in evidentiary discovery, and pursue the public relations effort required to induce foreign political compliance.

Author : United Nations
Publisher :
ISBN 13 : 9789211303995
Total Pages : 300 pages
Book Rating : 4.90/5 ( download)

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Download or read book Uncitral Legislative Guide on Public-Private Partnerships written by United Nations and published by . This book was released on 2020-12-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.

Author : Sara Valaguzza
Publisher : Edward Elgar Publishing
ISBN 13 : 1789903734
Total Pages : 256 pages
Book Rating : 4.37/5 ( download)

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Download or read book Public Private Partnerships written by Sara Valaguzza and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.

Author : Chien-Huei Wu
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004208984
Total Pages : 330 pages
Book Rating : 4.88/5 ( download)

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Download or read book WTO and the Greater China written by Chien-Huei Wu and published by Martinus Nijhoff Publishers. This book was released on 2012-05-16 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the impact of WTO disciplines, this book explores the WTO’s contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.

Author : Won Kidane
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : pages
Book Rating : 4.49/5 ( download)

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Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

Author : Abhijit Das
Publisher : Springer
ISBN 13 : 9811005990
Total Pages : 264 pages
Book Rating : 4.92/5 ( download)

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Download or read book WTO Dispute Settlement at Twenty written by Abhijit Das and published by Springer. This book was released on 2016-04-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on India’s participation in the WTO dispute settlement system, at a time when India has emerged as one of the most successful and prominent users of WTO dispute settlement among the developing countries. It offers a unique collection of perspectives from insiders – legal practitioners, policymakers, industry representatives and academics – on India’s participation in the system since its creation in 1995. Presenting in-depth analyses of substantive issues, the book shares rare insights into the jurisprudential significance, political economy contexts and capacity-building challenges faced by India. It closely examines India’s approach in effectively participating in the WTO’s dispute settlement mechanism including the framing of litigation strategies, developing legal and stakeholder infrastructure, implementing dispute settlement decisions, and the impacts of the findings of the WTO panels / Appellate Body on domestic policymaking and India’s long-term trade interests. In addition to discussing the key “classic” jurisprudential issues, the book also explores domestic regulatory and policy issues, complemented by selected case studies.

Author : STEPHAN W. SCHILL
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508809
Total Pages : 1000 pages
Book Rating : 4.01/5 ( download)

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Download or read book YEARBOOK COMMERCIAL ARBITRATION VOLUME XLIII – 2018 written by STEPHAN W. SCHILL and published by Kluwer Law International B.V.. This book was released on 2018-12-21 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. Volume XLIII (2018) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Milan Chamber of Arbitration (CAM); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Argentina, Canada, Cape Verde, PR China, Colombia, Costa Rica, Czech Republic, Hungary, Jamaica, Malaysia, Mexico, South Africa, Sudan, United Arab Emirates and Uruguay; • excerpts of 91 court decisions applying the 1958 New York Convention from 21 countries – including, for the first time, a case from the Marshall Islands – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Albert Jan van den Berg; • excerpts from other court decisions of interest to the practice of international arbitration; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.