After analyz-ing the argument of the nature of GATT1947 regulations, t-he final judgement on the nature of GATT1947 regulations f-rom Uruguay Round,the legal nature of WTO regulations,t-he nature of procedure law of Understanding on Rules a-nd Procedures Governing the Settlement of Disputes,defini-tion of procedure,The article points out the DSB of WTO as 1-egal procedure.
The mechanism introduces the settlement of disputes in international trade into multilateral trading systems and is thus called as "the most individual contribution", and it is the cornerstone of the security and predictability of WTO.
Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Cooperation between ASEAN(the Association of Southeast Asian Nations) and PRC(the People's Republic of China),Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-Operation Between ASEAN and PRC are the new legal documents of CAFTA that emphasize three principles,the main contents of which are mutual equality and benefits and the settlement of disputes in trade by arbitration.
Dispute Settlement Mechanism (DSM) of World Trade Organization (WTO), which is originated from Article 22 and 23 of the General Agreement on Tariffs and Trade (GATT 1947), becomes an integrated organism encompassing the several agreements as its concrete rule and the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) as its procedural rule.
Furthermore, on the efforts of multilateral legislation of international investment, the Investor-State dispute resolution mechanism in Section B Chapter 11 is a landmark in the development of international economic disputes resolution mechanisms.
This paper basing on the theory of RTAs cooperation frame, aims at making analysis on the most significant legal issues in the RTAs, like definition of investment and investor, market access, performance requirements, investment treatment, expropriation and nationalization, as well as the dispute resolution etc.
The co-existence situation between the mechanism about disputes settlement of WTO and the trade barrier investigating system established through the domestic legislation of WTO member are affecting the WTO rule reform direction.
The disputes settlement mechanism of the WTO has aroused general attention for it is reputed as″a unique contribution made by the WTO to global economic stability″,so many specialists and scholars focus their study on its advantages,procedure and some ex-isting problems.
This article examines the relevant law and practice, especially concerning the powers of organs established by treaty to interpret their constitutive conventions in the absence of dispute settlement procedures.
The 1995 United Nations Straddling and Highly Migratory Fish Stocks Agreement: Management, Enforcement and Dispute Settlement
This contribution focuses upon those aspects of the 1995 Agreement related to surveillance and enforcement, dispute settlement and the role and competence of regional fisheries management organisations (RFOs).
The most critical ingredient for mitigating tensions in the South China Sea is the political willingness of Spratly claimants, especially China, to make dispute settlement happen.
But while coastal states and high seas states may have unequal rights and obligations with regard to fisheries access and management, they do have an equal interest in access to dispute settlement options.
Problems of Compulsory Jurisdiction and the Settlement of Disputes Relating to Straddling Fish Stocks
Seeberg-Elverfeldt, The Settlement of Disputes in Deep Seabed Mining
Settlement of disputes relating to the delimitation of the outer continental shelf: The role of International Courts and Arbitra
The settlement of disputes concerning States arising from the application of the statute of the International Criminal Court: Ba
The tension between State sovereignty and the need of international criminal tribunals to have sufficient powers for functioning effectively and independently permeates the provisions on the settlement of disputes contained within the ICC Statute.