Dispute Settlement Body
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Dispute Settlement Body
The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) makes decisions on trade disputes between governments that are adjudicated by the Organization. Its decisions generally match those of the Dispute Panel. Institutional structure The DSB is, in effect, a session of the General Council of the WTO: that is, all of the representatives of the WTO member governments, usually at ambassadorial level, meeting together. It decides the outcome of a trade dispute on the recommendation of a Dispute Panel and (possibly) on a report from the Appellate Body of WTO, which may have amended the Panel recommendation if a party chose to appeal. Only the DSB can make these decisions: Panels and the Appellate Body are limited to making recommendations. The DSB uses a special decision procedure known as 'reverse consensus' or 'consensus against' that makes it almost certain that the Panel recommendations in a dispute will be accepted. The process requires that the recommendatio ...
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World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and enforce the rules that govern international trade. It officially commenced operations on 1 January 1995, pursuant to the 1994 Marrakesh Agreement, thus replacing the General Agreement on Tariffs and Trade (GATT) that had been established in 1948. The WTO is the world's largest international economic organization, with 164 member states representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, quotas, and other restrictions; these agreements are signed by representatives of member governmentsUnderstanding the WTO' Handbook at WTO officia ...
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Trade War
A trade war is an economic conflict often resulting from extreme protectionism in which states raise or create tariffs or other trade barriers against each other in response to trade barriers created by the other party. If tariffs are the exclusive mechanism, then such conflicts are known as customs wars, ''toll wars'', or ''tariff wars''; as a reprisal, the latter state may also increase the tariffs. Trade war arises only if the competitive protection between states is of the same type and it is not valid in case of dumping exports (Perju, 2009). Increased protection causes both nations' output compositions to move towards their autarky position. Minor trade disagreements are often called trade disputes when the war metaphor is hyperbolic. Trade wars could be escalated to full conflict between states, as evidenced in the Massacre of the Bandanese after alleged violations of a new treaty. The First Anglo-Dutch War caused by disputes over trade, the war began with English attac ...
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Dispute Panel
Dispute may refer to: * an act of physical violence; combat * Controversy ** Lawsuit ** Dispute resolution * Dispute (credit card) * ''La Dispute'', a 1744 prose comedy by Pierre de Marivaux * La Dispute (band) La Dispute is an American post-hardcore band from Grand Rapids, Michigan, formed in 2004. The current lineup is vocalist Jordan Dreyer, drummer Brad Vander Lugt, guitarist Chad Morgan-Sterenberg, guitarist Corey Stroffolino and bass guitarist ..., an American post-hardcore band * The endless dispute, a question of arthropod morphology {{disambig ...
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General Council Of The WTO
A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". OED Online. March 2021. Oxford University Press. https://www.oed.com/view/Entry/77489?rskey=dCKrg4&result=1 (accessed May 11, 2021) The term ''general'' is used in two ways: as the generic title for all grades of general officer and as a specific rank. It originates in the 16th century, as a shortening of ''captain general'', which rank was taken from Middle French ''capitaine général''. The adjective ''general'' had been affixed to officer designations since the late medieval period to indicate relative superiority or an extended jurisdiction. Today, the title of ''general'' is known in some countries as a four-star rank. However, different countries use different systems of stars or other insignia for senior ranks. It has a NATO rank scal ...
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Appellate Body
The Appellate Body of the World Trade Organization (WTOAB) is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought on by WTO members. The WTOAB can uphold, modify or reverse the legal findings and conclusions of a panel, and Appellate Body Reports, once adopted by the Dispute Settlement Body (DSB), must be accepted by the parties to the dispute. The WTOAB has its seat in Geneva, Switzerland. It has been termed by at least one journalist as "effectively the supreme court of world trade". History The WTOAB was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). Blocking of adjudicator appointments Under the mandate of the Trump administration, the US held up appointments to the WTOAB. David Walker (diplomat) was appointed to Chair the WTODSB with the mandate to solve this thorny problem. A journalist said that the delay was an effort to skew arbitration in ...
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David Walker (diplomat)
David Walker is a New Zealand diplomat. He is a chartered accountant, and has served since 2017 as the New Zealand ambassador and permanent representative to the WTO. He was nominated to hold the chair of the WTO Dispute Settlement Body in 2019, and then was nominated to the chair of the WTO General Council The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ... in March 2020. References Living people Year of birth missing (living people) *1 {{NewZealand-diplomat-stub ...
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Junichi Ihara
was in 2019 the Chair of the General Council of the World Trade Organization. He was selected on 7 March 2018. Ihara had held the Chair of the WTODSB in 2017. Ihara served as Ambassador Extraordinary and Plenipotentiary of the Permanent Mission of Japan to the International Organizations in Geneva from November 2015 until his appointment in December 2019 to serve as the Ambassador Extraordinary and Plenipotentiary of Japan to France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac .... References Ambassadors of Japan to France Japanese diplomats World Trade Organization people Living people Year of birth missing (living people) Consuls General of Japan in Los Angeles {{Japan-diplomat-stub ...
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Turtle Excluder Device
A turtle excluder device (TED) is a specialized device that allows a captured sea turtle to escape when caught in a fisherman's net. In particular, sea turtles can be caught when bottom trawling is used by the commercial shrimp fishing industry. In order to catch shrimp, a fine meshed trawl net is needed. This results in large amounts of other marine organisms being also caught as bycatch. When a turtle gets caught or entangled in a trawl net, it becomes trapped and is unable to return to the surface. Since sea turtles are air-breathing animals with lungs, they cannot survive long underwater without surfacing and will eventually drown. History The first TED, was based on a device called the jellyball shooter, that is used to removed cannonball jellyfish from shrimp trawl. TEDs were later developed in the 1970s by Wil Seidel, who worked for NOAA. Some resistance to the use of TEDs has arisen from the belief that the use of the devices actually causes fishermen to lose shrim ...
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Shrimp-Turtle Case
In 1994, the WTO intervened to address member concerns regarding the import of shrimp and its impact on turtles. This became known as the Shrimp and Turtle case. The ruling was adopted on November 6, 1998. However, Malaysia persisted in their complaint and initiated DSU Article 21.5 proceedings against the U.S. in 2001, but the U.S. prevailed in those hearings. Shrimp and Turtle case The environmental group from Oakland, California, Earthjustice sued the Environmental Protection Agency for a lack of oversight among US shrimp fishers and international fishermen. The Earth Island Institute filed a lawsuit against US Secretary of State Warren Christopher in federal court. The government successfully argued that jurisdiction for anything dealing with embargoes was under the purview of the United States Court of International Trade. The suit was based on Public Law 609:101-162, which was not an amendment to the Endangered Species Act although it is often said to be. Public Law 609 requ ...
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2002 United States Steel Tariff
On March 5, 2002, U.S. President George W. Bush placed tariffs on imported steel. The tariffs took effect March 20 and were lifted by Bush on December 4, 2003. Research shows that the tariffs were a net positive, reviving many previously shuttered steel factories. The tariff The temporary tariffs of 8–30% were originally scheduled to remain in effect until 2005. They were imposed to give U.S. steel makers protection from what a U.S. probe determined was a detrimental surge in steel imports. More than 30 steel makers had filed for bankruptcy in recent years. Steel producers had originally sought up to a 40% tariff. Canada and Mexico were exempt from the tariffs because of penalties the United States would face under the North American Free Trade Agreement (NAFTA). Additionally, some other countries such as Argentina, Thailand, and Turkey were also exempt. The typical steel tariff at the time was usually between zero and one percent, making the 8–30% rates seem exceptionally hi ...
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Exceptions And Limitations To Copyright
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). Some view limitations and exceptions as "user rights"—seeing user rights as providing an essential balance to the rights of the copyright owners. There is no consensus among copyright experts as to whether user rights are rights or simply limitations on copyright. The concept of user rights has been recognised by courts, including the Canadian Supreme Court, which classed "fair dealing" as such a user right. These kinds of disagreements in philosophy are quite common in the philosophy of copyright, where debates about jurisprudential reasoning tend to act as proxies for more substantial disagre ...
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