INTERNATIONAL TRADE MEDIATION AS A METHOD OF DISPUTE RESOLUTION IN INTERNATIONAL LAW

2018 ◽  
Vol 28 (6) ◽  
pp. 2019-2025
Author(s):  
Fjolla Kaprolli
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Common Interest ◽  
Alternative Methods ◽  
Special Importance ◽  
Trade Disputes ◽  
Goods And Services ◽  
Trade Law ◽  
International Trade Law ◽  
The World

In today's conditions, where economies have open doors all over the world and which conditions operate in the global marketplace, a very important and significant place takes the international trade and the discipline that deals with the study of norms that regulate the way of acting in the international trade for the exchange of goods and services is the International Trade Law. As a result of the liberalization of the world market and as a result of the large number of international trade exchanges of goods and services, the progress and development of enterprises in the national economy, along with the development and advancement of the national economies of the states, proportionally are increasing the importance of this legal discipline. With the exchange of goods and services between subjects in a commercial relationship whether it is a national or international trade exchange and without taking into account the purpose which is to be achieved in that particular commercial relationship, whether it is the sale or purchase of services or goods, are intended to increase their capital. But these cases do not always end with the signing of the legal act and in doing so, with the exchange of goods or services which are the object of that legal act. In these cases, the risk for the appearance of any kind of disputes between the parties is really great. It is not accidental the attempt to escape international trade disputes, which is of common interest to the participants in such trade relations, so that there is as few as possible controversies and disputes between them. But in cases where the interests of buyers and sellers are contradictory, it is pointless to have no disputes at all, so since a dispute cannot be avoided in any way, the same should be resolved. Since judicial procedures in national legislation have a bad background regarding to the inefficiency of case solutions and their unnecessary extensions, theorists and practitioners in recent years have developed several alternative methods for more peaceful and faster solutions to disputes in general and international trade disputes in particular such as arbitration and mediation as two methods that are most important and most often used in practice. The object of this scientific paper firstly will be the elaboration of international trade disputes and then the resolution of disputes that arise in that field by alternative methods of dispute resolution with particular emphasis on the mediation. The implementation of mediation in the resolution of international trade disputes is of special importance for international trade law, it is voluntary and as such during dispute resolution, time is the first aspect and then comes money as the second aspect that are also saved during resolution of disputes through mediation, because mediation provides solution of disputes with small amount of expenses or sometimes it can be said that that amount of expenses look symbolic compared to court expenses.

The Internet of Things: Both Goods and Services

2019 ◽  
Vol 18 (S1) ◽  
pp. S9-S22 ◽  
Author(s):  
ANUPAM CHANDER
Keyword(s):  
International Trade ◽  
Internet Of Things ◽  
The Internet ◽  
Goods And Services ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Connected Cars ◽  
Iot Devices ◽  
The Internet Of Things

AbstractInternational trade law, organized around the goods-services dichotomy, is about to meet the Internet of Things (IoT). How will rules written for the world of 1994 fare in a world of talking teapots and connected cars? IoT will especially raise governmental concerns with respect to privacy, security, and standards. Indeed, governments have already begun taking adverse measures against foreign IoT suppliers based not on the hardware, but on the digital features of the products. This paper argues that IoT devices comprise both goods and services, therefore calling into application multiple WTO disciplines, with the specific agreements that are applicable dependent on the particular governmental measure subject to challenge.

scholarly journals Impact of E-Trade:

2019 ◽  
Vol 4 (9) ◽  
pp. 174-176
Author(s):  
Md. Habib Alam
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Legal Framework ◽  
Control Measures ◽  
Trade Disputes ◽  
Online Dispute Resolution ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Transaction Security

E-commerce may be termed as e-trade. E-Trade means e-goods and e-service. E-trade is a part of International Trade law. E-trade plays a key role in the sustainable development of trade and becomes a part of international trade development. Thus, E-trade leads to the globalization of trade. Today, e-trade is expanding due to the rapid growth of trade across the world. E-trade is executed by linking among different terminals through the transnational electronic transaction. E-trade has different difficulties or barriers for its virtual world. Sustainable e-trade mechanism depends on transaction security and reliable legal framework. Non-privatization of DNS also a key factor for the development of e-trade. Different measures (i.e. transaction security, electronic signature and access control measures) should take into consideration for removing trade barriers from e-trade sector. The question may arise what should parties do with e-trade disputes. This question was answered by different scholars in different ways. Some argue to adopt proper Online Dispute Resolution to deal with e-trade disputes. Today, different adhoc online dispute settlement venues (i.e. e-arbitration) may be found across the world to deal with e-trade disputes. For the development of e-trade, different international laws should take into consideration, i.e. UNCITRAL Model Law on Electronic Commerce, United Nations Convention on International E-Contracts, WTO agreements. This is qualitative and library-based research. This research is to examine as to how future development of e-trade may be executed from an international trade law perspective.

Part III Investment Disputes and Political Risk, 8 Arbitration Procedure

2020 ◽  
Author(s):  
Rubins Noah ◽  
Papanastasiou Thomas-Nektarios ◽  
Kinsella N Stephan
Keyword(s):  
International Trade ◽  
United Nations ◽  
Selection Process ◽  
International Arbitration ◽  
Contractual Arrangements ◽  
Trade Law ◽  
International Trade Law ◽  
Arbitration Clause ◽  
The World ◽  
Arbitration Procedure

This chapter provides an overview of international arbitration procedure both under arbitration treaties and contractual arrangements, particularly under the auspices of the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) and arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). The chapter begins by describing the most prominent international arbitration rules. It then covers the pre-dispute drafting of an arbitration clause. Finally, it offers a guide through a “typical” arbitration, whether initiated pursuant to contract or treaty, from the lodging of a claim and the arbitrator selection process, through written and oral argument, to the issuance and challenge of awards.

Analysis of Genetically Modified Food Induced International Trade Law Issues

2017 ◽  
Vol 23 (1) ◽  
Author(s):  
Jiansheng Zhang ◽  
Yanan Chen ◽  
Yu Li
Keyword(s):  
International Trade ◽  
Safety Management ◽  
Genetically Modified ◽  
Rapid Development ◽  
Genetically Modified Food ◽  
Transgenic Technology ◽  
Trade Disputes ◽  
Trade Law ◽  
International Trade Law ◽  
Import And Export

The advantages of genetically modified food are gradually highlighted because of the rapid development of modern transgenic technology. The trade proportion of genetically modified food in international trade products is increasing. Till now, legal regulations concerning the international trade of genetically modified food are still contradictory and conflicting, and a series of initiated legal issues about the international trade of genetically modified food becomes more acute. As a great power of transgenic crops planting, China should fully learn from the trade disputes of genetically modified food, perfect laws such as the safety management, approval and identification of import and export, accelerate the development of transgenic technology, and strengthen the mutual benefit and collaboration of the developing countries, thus to gain a strong competitive position in international trade and maintain the fundamental interests of China better.

John Jackson and WTO Dispute Settlement

2016 ◽  
Vol 15 (3) ◽  
pp. 404-406
Author(s):  
WILLIAM J. DAVEY
Keyword(s):  
International Trade ◽  
World Trade ◽  
Dispute Settlement ◽  
Law School ◽  
Economic Relations ◽  
Trade Law ◽  
The Bible ◽  
International Trade Law ◽  
Wto Dispute Settlement ◽  
The World

John Jackson bestrode the world of international trade law like a Colossus. His 1969 treatise on World Trade and the Law of GATT was called the bible of GATT law. His 1977 casebook on Legal Problems of International Economic Relations created a new law school course and introduced thousands of students around the globe to international trade law. It was the leading international trade law casebook for decades, and his students went on to positions of responsibility throughout the world in governments, international organizations, and private practice. His analysis of GATT infirmities convinced certain influential governments to push for a new international trade organization, which eventually saw life as the World Trade Organization. It was a great honor for me to have been associated with John for over thirty years. Indeed, his 1985 invitation to join as a co-author of the casebook after my first year in law teaching undoubtedly saved me many years of drudgery as a corporate/securities law scholar. Thus, I am pleased to offer some thoughts on John's influence on dispute settlement under GATT and the WTO.

scholarly journals Globalization and the Animal Turn: How International Trade Law Contributes to Global Norms of Animal Protection

2016 ◽  
Vol 5 (1) ◽  
pp. 55-79 ◽  
Author(s):  
Katie Sykes
Keyword(s):  
International Trade ◽  
Animal Welfare ◽  
World Trade ◽  
International Tribunal ◽  
Animal Conservation ◽  
Animal Protection ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Global Norms

AbstractMany animal and environmental activists think of international trade law as a block to the achievement of their goals and perceive the World Trade Organization (WTO) as a threat to animals. Yet, the first legal decision of an international tribunal to devote careful, sustained attention to animal welfare issues comes from the WTO, in the EC – Seal Products decision. This article argues that international trade law is currently an important, although under-acknowledged, locus for the development of global norms concerning the protection of animals, and that animal conservation and animal welfare can be seen as aspects of a single overarching principle of animal protection. International trade law contributes to animal protection in two ways. Firstly, WTO jurisprudence has recognized animal protection as a legitimate basis for invoking exceptions to trade rules (as in EC – Seal Products). Secondly, international trade negotiations enhance cooperation on the implementation and enforcement of existing conservation obligations (as in the new Trans-Pacific Partnership’s Environment Chapter).

scholarly journals The Resolution of International Trade Disputes through Arbitration

2020 ◽  
Vol 2 (1) ◽  
pp. 296-301
Author(s):  
Nufaris Elisa
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
Trade Finance ◽  
International Commercial Arbitration ◽  
Trade Dispute ◽  
The World

If an international trade dispute occurs, so that the ways of resolution can be reached through non-litigation (alternative litigation) or Alternative Dispute Resolution (ADR). The facilities classified as ADR other than Arbitration facilities as contained in Article 6 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution which includes facilities including Meditation facilities, Negotiation facilities, Consolidation facilities, and other facilities. Based on the Arbitration Law it provides an opportunity to resolve trade disputes through the Arbitration institution and it is very appropriate if this institution has a very important role in resolving disputes that occur in the world of international trade. The scope of disputes which can be tried in a trial of the International Commercial Arbitration institution must be related to the issue of trade, finance and general trading (commerce), while those relating to other matters have nothing to do at all.

scholarly journals The Reflection of WTO Brazilian Dispute Settlements on Domestic Law: A Place to Legal Pluralism?

Eudaimonia ◽  
2021 ◽  
pp. 137-146
Author(s):  
Monique Libardi ◽  
Patricia Glym
Keyword(s):  
Dispute Settlement ◽  
Trading System ◽  
Trade Disputes ◽  
Trade Law ◽  
International Trade Law ◽  
Wto Dispute Settlement ◽  
The World ◽  
Current Scenario ◽  
Dispute Settlements ◽  
Dispute Settlement System

International trade law, followed by the development of legal mechanisms for regulation of multilateral trading system, from General Agreement on Tariffs and Trade – GATT (1948–94), Uruguay Round (1986–94) to World Trade Organization – WTO (1995) dispute settlement system is the current scenario of the world economy transactions. This paper aims to analyze whether Brazilian activism in the world trading system may be identified in the WTO Dispute Settlement dealing with the concept of direct effect on international law. Since 1995, Brazil has been an assiduous claimant at the WTO and at the South American Common Market (MERCOSUR) dispute mechanism. However, explaining Brazilian participation at the WTO Dispute Settlement Body (DSB) requires a collision between the Brazilian private sector and the political relevance that trade disputes have acquired.

Consolidating International Investment Law: The Mega-Regionals as a Pathway towards Multilateral Rules

2017 ◽  
Vol 17 (1) ◽  
pp. 33-63 ◽  
Author(s):  
TANIA VOON
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Investment ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Investment Law ◽  
The United Nations ◽  
Trade And Investment

AbstractPessimism abounds in international economic law. The World Trade Organization (WTO) faces an uncertain future following its Ministerial Conference in Nairobi in 2015. International investment law is under attack in countries around the world, while mega-regional agreements such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership are beset by world events, from the United States’ federal election to the unexpected Brexit outcome. Yet the appetite of numerous States to continue forging plurilateral trade and investment deals provides some cause for hope. Viewed alongside other institutional developments including consensus-building work at the United Nations Conference on Trade and Development and the United Nations Commission on International Trade Law, the potential arguably now exists for credible movement towards multilateral rules in investment law. While the WTO's current negotiating stalemate highlights the difficulties in reaching agreement among 164 Members, international trade law offers lessons for working towards multilateralism in the international investment law field. Alongside informal discussions about a world investment court, mega-regionals provide a vehicle for future multilateral investment rules, particularly through the Comprehensive Economic and Trade Agreement between Canada and the European Union, and the Regional Comprehensive Economic Partnership currently under negotiation in Asia.

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