The Wto Dispute Settlement Mechanism: A Developing Country Perspective

ISBN-13: 9783030032623 / Angielski / Twarda / 2019 / 387 str.

Alberto Do Amaral Junior; Luciana Maria de Oliveira Sa Pires; Cristiane Lucena Carneiro

Spis treści

Alberto do Amaral Júnior, Luciana Maria de Oliveira Sá Pires, and Cristiane Lucena Carneiro, Introduction.- Part I Assessment: Rubens Ricupero, WTO in crisis: déjà vu all over again or terminal agony?.- Celso de Tarso Pereira, Speaking up in the WTO: Brazil’s Voice in the Dispute Settlement Body.- Jacqueline Spolador Lopes, Dispute Settlement System of the WTO: a Powerful Weapon for Developing Countries.- Renata Vargas Amaral and Welber Barral, Developing Countries: Whether Legal (and Costly) Settlement of Disputes is Better than Political Settlement.- Part II Substantive Matters: Alberto do Amaral Júnior and Cynthia Kramer, WTO as a Self-Limited Regime: the Case of Article XX of GATT.- Umberto Celli Junior, The Impact of WTO Case Law on the Use of Local Content Requirements.- Vera Helena Thorstensen and Andreia Costa Vieira, WTO Case Law on TBT and SPS: It is Time to Review Some Concepts.- Michelle Ratton Sanchez Badin and Marina Yoshimi Takitani, Are ISO/IEC rules the odds out of the WTO Technical Barriers to Trade Agreement?.- Cristiane Lucena Carneiro, Alternative Dispute Resolution and the WTO.- Paulo Estivallet de Mesquita, Litigation and negotiation in the WTO: Is litigation the continuation of negotiation by other means?.- Daniel Damásio Borges, Countermeasures in the WTO and the Principle of Proportionality: A Developing Country’s Perspcective.- Vera Kanas Grytz and Carolina Jezler Müller, Sequencing: ad hoc Solutions to a Systemic Problem.- Carla Amaral de Andrade Junqueira Canero, The Interpretive Technique of the WTO Appellate Body.- Fernanda Manzano Sayeg, The Dispute Settlement Body and the GATS.- Part III WTO Cases and Conflicts: Peter-Tobias Stoll, The WTO Dispute Settlement System and Regional Trade Tribunals: the Potential for Conflict and Solutions.- Luciana Maria de Oliveira Sá Pires and Vivian Daniele Rocha Gabriel, The Eminent Conflict between the WTO DSB and the Proposed International Investment Court to dealing with Investment Agreements.- Luciano Mazza de Andrade and Luiz Fellipe Flores Schmidt, The Cotton Case: Litigation, Retaliation, Negotiation.- Christiane Silva Aquino Bonomo, Reshaping International Trade with the WTO Dispute Settlement: The Sugar Case (DS 265/266/283).- Xavier Fernández-Pons and Carolina Lembo, The Case EC – Seal Products: the WTO Dispute Settlement System before a “Trilemma” between Free Trade, Animal Welfare and Rights of Indigenous Peoples.- Flavio Marega, The Retreaded Tyres Case in the WTO: an Important Multilateral Achievement by Brazil.- Letícia Frazão Alexandre de Moraes Leme, Flexibilities under Article 39.3 of the TRIPS Agreement: Protection of Pharmaceutical Test Data and the Case of Brazil.- Marcus Vinicius da Costa Ramalho, Flying over Uncharted Territory: the Brazil-Canada Regional Aircraft Disputes in the WTO.- Daniel Roberto Pinto, Not just about Embraer: a Brazilian view of the Brazil-Canada Aircraft Disputes at the WTO.

O autorze

Alberto do Amaral Júnior, University of São Paulo, Brazil

Luciana Maria de Oliveira Sá Pires, University of São Paulo, Brazil

Cristiane Lucena Carneiro, University of ão Paulo, Brazil

Blurb

This book offers a multidisciplinary approach to the WTO Dispute Settlement Mechanism and provides a “developing country” perspective over issues that are likely to remain at the center of the scholarly and policy debate for years to come.

 

"This volume brings together an outstanding group of trade law experts trained and socialized in developing states, primarily Brazil. Focusing on broad systemic issues and specific disputes, these essays substantially advance our understanding of developing states’ role in the WTO dispute system. The impressive contributions to this volume reveal both the promise and the limits of WTO dispute settlement and should attract a broad and interdisciplinary readership."

Prof. Jeffrey Dunoff, Beasley School of Law, Temple University

 

"The rules-based multilateral trading system faces an unprecedented set of challenges. This important and unique volume of essays analyses these challenges. It is important because it provides a sophisticated analysis of both technical complexities of the WTO and its Dispute Settlement Mechanism as well as their broader political and economic context. It is unique in drawing on the knowledge and experience of the extensive Brazilian community of experts; in providing excellent and in-depth analysis of many of the cases and issues in which Brazil has been involved as its role and importance within the WTO has expanded; and in elaborating a view of the trading system that reflects the interests and values of the Global South."

Prof. Andrew Hurrell, Oxford University

 

"This book is a timely contribution to debates on international trade in an era of increasing protagonism by emerging powers in the global trading system. The contributors devote special attention to the role that transnational epistemic communities of trade specialists have played in building up and maintaining the system. What is especially interesting about the edited volume is that it provides a perspective on the WTO from scholars and practitioners based in Brazil, a country whose government has been particularly active in the organisation and which has been prominent in challenging inequalities in world trade and the unilateral tendencies of the long-established powers. Anyone who wants to understand the changing global order, which is simultaneously becoming more multilateral and more economically nationalist, would benefit from reading this book."

Prof. Anthony W. Pereira, Brazil Institute, King's College London