留学生法律制度essay:关于全职上诉机构的创建 [7]
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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。
ative is for the AB to take a more directive approach to its decisions, by not giving states a choice to raise barriers, and instructing a Member to remove the barrier.
Given the WTO’s primary purpose of liberalizing trade, it would appear that the AB’s authority to remove of a measure finds some grounding in the international law. The DSU provides that “the panel or Appellate Body may suggest ways in which the Member concerned could implement the recommendations”. [24] The Vienna Convention on the Law of Treaties states that a treaty shall be interpreted in accordance with “the ordinary meaning” of the terms in reference to the treaty’s “object and purpose.”54
One controversial side argues to strengthen Member control of WTO dispute settlement processes and to weaken its adjudication nature.64 While other proprosals seek to strengthen the adjudication system and focus reform on improved political decision-making within the WTO.65
Despite the naysayers, the WTO is working fairly well. Most members are in concurrence that the system is working. The DSU has expedited the dispute process and made definitive rules and procedures for appeal. Losing parties comply with WTO opinions approximately ninety-five percent of the time. 43 This compared with a compliance rate of sixty-two percent at the International Court of Justice44 and five percent at the Inter-American Court of Human Rights.45
It has been suggested that the DSU review has yet to bare fruit over the last 12 years. Negotiating positions are continually changing as Members gain new experiences in the process. Although there is a need for improvements, there is also a fear that modifications may come at the expense of fundamental changes of the system. It is understandable that Members prefer to ignore repeated negotiating deadliness and let the DSU review negotiations continue, regardless of previously mandates.
Luckily, there have been some work-in-order solutions to the proposal issues via the lengthy DSU Review. The sequencing problem has been overcome by the conclusion of bilateral agreements between the parties of the dispute during the implementation stage, which overcome the traditional ambiguities in Articles 21.5 and 22 in a practical way. The AB has developed a pragmatic approach with regard to amicus curiae briefs. The AB balances the concerns of Members, generally accepting amicus curiae briefs, but it does not accord influential weight to them in its decisions.
The Appellate Body adopted a variety of new working procedures, without directly amending the DSU. In 2002, it relaxed restrictive requirements which give third parties the option of attending oral hearings without a written submission prior to the hearing,67 and increased precision requirements in notices of appeal.68 External transparency was addressed by recent developments. The panels opened their proceedings to the public when the main parties to the dispute had jointly requested. 69
The establishment of an independent Advisory Centre on World Trade Law (ACWL) has addressed the traditional resource constraints of developing countries faced.70 The ACWL serves e as a substitute for a special fund for developing countries.
Members and adjudicating bodies have managed to change the dispute settlement system continuously without changing a single provision of the DSU. Cases brought before the DS
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