Please use this identifier to cite or link to this item:
https://ptsldigital.ukm.my/jspui/handle/123456789/515493| Title: | A legal analysis of the shortcomings of WTO aggreements and dispute settlement |
| Authors: | Luo Hanwei (P39572) |
| Supervisor: | Rohimi Bin Shapiee, Professor Dr. |
| Keywords: | Legal Shortcomings WTO aggreements Dispute settlement |
| Issue Date: | 20-Apr-2010 |
| Description: | WTO dispute settlement mechanism plays an important role in resolving disputes among Members. However, it is by no means a perfect system. Prospects for improvement are abounding. This study looks at the whole regime of WTO, traces and analyses the deficiencies and loopholes of relevant agreements that contributed to the complexity and escalation of disputes, while putting forward corresponding suggestions to improve these problems. Several important agreements that are examined include the DSU, Antidumping Agreement, SCM Agreement, Safeguard Agreement, Agriculture Agreement, SPS and TBT Agreements, and relevant articles of GATT Annex 1A, GATS, and TRIPS. Generally, one chapter devotes to one agreement. The author reviews some typical cases relating to each agreement, identifies the problems that contributed to these cases, and then seeks what shortcomings in individual agreements are. The author also takes note of the Doha Round negotiations efforts and criticism from other quarters in addressing the problem. Finally, the author synthesizes the discussions to come up with suggestions on how to resolve above shortcomings or problems. The suggestions were made based on following consideration: 1) basic structures and principles of agreements have to be maintained; 2) great compromises reached in the Uruguay Round have to be understood; 3) the values and different development levels among members, especially developing countries' special needs should be paid more attentions; 4) provisions in individual agreement shall subject to overall aims of WTO system; 5) early prevention is better than later remedy. This thesis concludes that a perfect dispute settlement mechanism should not only concentrate on resolving disputes but more importantly, to prevent cases from arising, by clarifying rights and obligation in individual agreements more clearly. At the same time, seeking other alternatives resolution methods is a wise idea.,Ph.D |
| Pages: | 451 |
| Publisher: | UKM, Bangi |
| Appears in Collections: | Faculty of Law / Fakulti Undang-undang |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| ukmvital_74323+Source01+Source010.PDF Restricted Access | 3.48 MB | Adobe PDF |  View/Open |
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.