Search

The World Trade Organization (WTO) dispute settlement system is currently in crisis because the WTO Appellate Body ceased effectively functioning in December 2019. As a consequence, the WTO Dispute Settlement Body is unable to adopt a panel report if a party to the dispute notifies its intention to appeal. In this context, this article analyzes what factors may influence the complaining parties' decision on whether to recur to two regional trade agreements (RTA), namely the Pacific Alliance and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), as alternative fora to WTO dispute settlement. After a comparative analysis of dispute settlement rules in both RTAs and the WTO Dispute Settlement Understanding, we conclude that procedural and institutional factors will arguably be relevant for complaining parties that wish to select a dispute settlement forum. [ABSTRACT FROM AUTHOR]

This article attempts to reopen the debate, of long standing in the field of international trade law, respect of the rule applicable to the case of trade measures relating to process and production methods that involve a ban on the import of goods. Some jurisprudence under gatt 1947 is tilted in favor of the application of Article XI of this Agreement concerning quantitative restrictions on trade, to the detriment of Article III, which enshrines the principle of national treatment. This essay attempts to show that, under the gatt 1994, the dilemma raised must be resolved in favor of the application of Article III, given the presence of a new regulatory context, which requires the interpreter to take into account the principle of sustainable development when analysing the agreement. [ABSTRACT FROM AUTHOR]

This essay proposes that developing countries are likely to get real benefits from their participation in the international system and achieve a higher political influence due to the consolidation and improvement of some features of the system (such as the judicialization of the decision-making process) that makes possible, for small countries, to deal with political power imbalances and get outcomes according to their national interests. The experience of developing countries in institutions like the World Trade Organization (WTO) and its dispute settlement mechanism, show clear evidences in favor of this assertion. In order to give theoretical background to this thesis, in this essay several theories on international relations are reviewed and it proposes as conclusion that constitutive, reflectivist and non-foundational theories, as well as those that consider international institutions as actors of first order in the dynamic of world politics, offer important insights for supporting empirical generalizations coming from researches about this thesis. [ABSTRACT FROM AUTHOR]

Daily, numerous shipments of generic medicines, identical to other patented and protected drugs in a few states, go through international borders towards developing countries. In some occasions, these medicines are seized under the argument that they are bridging intellectual property rights in the country of transit and that they are not in compliance with its rigorous laws of protection. Given the seizure of drugs that guarantee the survival of thousands of people, the doubt about the legality of this kind of procedures emerges for researchers. This is why this thesis analyses that legality, in the light of certain International economic law instruments such as the wto treaties and therefore resolves a law discussion with implications in the life and welfare of developing countries citizens, almost three quarters of the entire world's population. [ABSTRACT FROM AUTHOR]