留学生法律制度essay:关于全职上诉机构的创建 [5]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-09-25编辑:zcm84984点击率:13773
论文字数:3995论文编号:org201409201244217437语种:英语 English地区:美国价格:免费论文
关键词:全职上诉机构世界贸易组织市场收缩Appellate Body
摘要:本文是一篇关于全职上诉机构的创建的留学生法律制度essay,作为2009年的经济危机产生的后果,政治领导人正越来越多地掩盖来自全球的竞争性市场国家在市场收缩的时间。截至2008年,153个成员国和30个观察国是世界贸易组织(WTO)的缔约国。
olitical pressure. Additionally, the EC proposed the creation of a new rule, named Article 22bis, to subject a notified MAS to a compliance review. Noncompliance between the MAS and WTO rules would lead to retaliation measures, such as the suspension concessions or other obligations (SCOO).28 These compliance reviews would also strengthen the enforcement function of the DSB, and strengthen the security and predictability of the trading environment. These changes to MASs could therefore strengthen the rule-orientation nature of the dispute settlement system.
Increased efficiency and reduced timelines
Canada supports a proposal that would provide the AB with the remand authority to refer factual or legal issues back to the original panel to address issues not covered earlier or to re-examine factual findings. The AB can no longer decline to rule on certain issues due to the absence on the record of sufficient findings by the panel. The commencement of an entirely new set of proceedings would no longer be required.
Several proposals have focused on the explicit and implicit reduction of timelines in the DSU. Explicit proposals include: reduced timelines for consultations and for the Reasonable Period of Time (RPT) of compliance. Implicit proposals include: streamlining the establishment of panels prior at the second meeting, and mandating Members submit their first written submission with the panel request. fast-track panel procedure would deprive Members of time and options for diplomatic negiotations.
Creation of a Permanent Panel Body (PPB) and Full-Time Appellate Body
The EC has repeatedly called for the establishment of a permanent panel body (PPB), in stead of the current ad hoc system.14 The supply of qualified panelists would be secured and the difficulty in selecting the composition of panelists would be reduced. A system of permanent panelists would result in a more independent and professional panel process with fewer reversals and reduced timelines. A PPB would lead to a consistent body of precedent law, a more legalistic approach, and an extensive judicialization of dispute settlement system. Consequently, A PPB would decrease Member control in the composition of panels. Shifting from the current ad hoc system of panel selection to a PPB would significantly increase the rule-orientation of the system.30
The EC has proposed converting the AB into a full-time appointment.31 The EC and developing countries have also proposed changing the terms of appointment for AB members into non-renewable six-year terms,3233 The independence of AB members may be strengthened if all their attention is solely focused on legal considerations, instead of re-appointment.
Strengthened third party rights
A number of proposals have aimed at strengthening TP participation.45 Strengthened TP rights increase internal transparency, imposing limitations on the negotiating flexibility of the Members. Currently, TPs only receive the disputing parties' first panel submissions and can not be present for the parties' oral statements and subsequent panel meetings. If TPs received copies of all submissions and had the right to attend all substantive meetings, it would significantly increase transparency of all disputes.
Increased external transparency
Some developed countries have proposed increased external transpa
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