Resolution of international trade disputes in the WTO and other Fora

Sacerdoti, Giorgio

doi:10.1108/jitlp-11-2015-0036

Cited by 4 publications

(4 citation statements)

References 6 publications

(2 reference statements)

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“…The Chinese G20 Presidency has encouraged a regular G20 Trade Ministers Meeting and established a Trade and Investment Working Group (TIWG). As a result, the G20 trade ministers issued a joint statement and three annexes detailing the terms of Reference of the TIWG, a general strategy on global trade growth, and guiding principles for global investment policymaking (Sacerdoti, 2015).…”

Section: G20 Measures and Protectionismmentioning

confidence: 99%

“…Second, we investigate what the US-China trade dispute means for the world trading system. Previous research has focused on the withdrawal of the United States from the Trans-Pacific Partnership (e.g., Helble, 2017;Sacerdoti, 2015;and Ezeani, 2011). However, we argue that these studies are narrowly focused and limited; research on evaluation and the trade agreement should consider whether the United States would renegotiate or withdraw from existing arrangements, including the World Trade Organization (WTO) and the North American Free Trade Agreement (NAFTA), and to impose new tariffs on imports, particularly from China and Mexico.…”

Section: Introductionmentioning

confidence: 99%

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Arising of Trade Disputes among the G20: Evaluation of US-China Trade Relations in the Context of World Trading System

Elryah¹

2019

Management and Economics Research Journal

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Trade policy among the G20 has emerged as one of the challenges the group faces during the last decade after the 2008 global financial crisis. This paper aims at analyzing the current trade disputes between China and the United States and the efforts the G20 has taken to settle these disputes. The fundamental questions this study attempts to answer are as follows:(1) what the US-China trade dispute means for the world trading system? (2) what the G20 can do to prevent destructive trade wars? We confront this view by critically examining a large body of evidence on the effects of trade policy on economically important outcomes. We begin with a discussion of the role of G20 in stabilizing world economy. We show the G20's recent economic and trade development challenges and measurements of trade policy and identification of its causal effects. We present the trade balance between the United States and China. We also illustrate the efforts made by the G20 in promoting the development of China-US trade cooperation. Data were collected from different sources. Data are collected from the World Bank, the World Trade Organization (WTO) publications, and the G20 summits' reports. The results show that the United States has a trade deficit with China, and the global growth would be notably curtailed as investment and consumer spending fall back. The G20 should focus on supporting the WTO, being upfront about the mixed effects of trade and investment, and improving G20 measures to tackle protectionism.

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Section: G20 Measures and Protectionismmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Arising of Trade Disputes among the G20: Evaluation of US-China Trade Relations in the Context of World Trading System

Elryah¹

2019

Management and Economics Research Journal

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“…), which define the obligations of the parties (client and executor) and management of variations at various stages of contracts do not adequately define the mechanisms for redressing defaults of parties in construction contracts. Sacerdoti (2015) opined that settlement mechanisms are fragmented in investment law, which has been mitigated through various mechanisms. These include monetary/financial compensation (Rintala et al , 2008; Damnjanovic and Vajdic, 2011; Pidomson, 2016); penalty damages or liquidated damages (Brawn, 2012; Yoke-Lian et al , 2012; Carbonara et al , 2015); delivery time adjustment (Ilter, 2012); and concession price adjustment (Carbonara et al , 2015).…”

Section: Literature Reviewmentioning

confidence: 99%

Penalty mechanisms for enforcing concessionaire performance in public–private partnership contracts in Nigeria

Opawole

2018

JEDT

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Purpose The purpose of this study is to develop penalty measures against concessionaires’ defaults as a mechanism for protecting the interests of parties (public and private) in public–private partnership (PPP) contracts for enhancing project delivery. Design/methodology/approach The research methodology is a mixed qualitative and quantitative approach. This study commenced with an in-depth literature review, which provided the basis for identification of penalty measures in construction contract management. The qualitative assessment was based on semi-structured face-to-face interviews, which were aimed at identifying the underlying pattern of the penalty measures, and the quantitative assessment was based on a structured questionnaire. In both cases, respondents were stakeholders’ organizations that had been involved in PPP contracts in the southwestern region of Nigeria. These include industrial practitioners from government-based organizations (ministries, agencies, corporations/parastatals, etc.), private developers/concessionaires, law firms, banks, etc. The sample size was selected using a respondent-driven sampling approach, as the comprehensive lists of the participants in PPP contracts are not readily available in the Nigerian construction industry. Responses from the interview were analysed using interpretative phenomenal analysis via ATLAS.ti7. The quantitative data were analysed using percentile for flexibility between “most” and “more” preferred mechanisms. Findings This study developed mechanisms that defined the rights of the public party to redress underperformance of PPP contracts consequent to the defaults of the private party. “Step-in-right” and “termination of the contracts” were preferred against specific cases of “delayed execution”, “abandonment of the project”, “bankruptcy of the concessionaire” and “non-compliance with design and specifications”. With respect to “shortfall in performance against established dates”, the results converged on “monetary fine” and diverged on “step-in-right” and “termination of the contracts”. Practical implications The study contributes to literature on mechanisms for enforcing PPP project performance. Besides, defining rights and obligations of the parties in specific events of underperformance of the concessionaires in PPP contracts is a significant step towards the development of standard conditions of contract for managing PPP projects in which the model is being newly adopted. Originality/value Project management studies on PPP were extended by defining the liabilities that are consequent to the defaults of the private party and the mechanisms for their enforcement.

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“…The WTO's dispute settlement system (DSS) has become a success story from several points of view including the great number of disputes that are brought to the system. This evidence has brought the confidence that members of the WTO have in the usefulness and the efficiency of the system [3]. The traditional focus of the WTO has been on increasing market access and eliminating discrimination in trade [4].…”

Section: Introductionmentioning

confidence: 99%

Cigarette: The GATT non-discrimination clause

Kurniaputra¹,

Saraswati²,

Joemadi³

et al. 2019

Proceedings of the Social and Humaniora Research Symposium (SoRes 2018)

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This article seeks to understand how dispute occurs between Indonesia and other countries (i.e. Australia and the United States of America) concerning the clove cigarettes, which involves the cigarette company from Indonesia. Using an interpretive-inductive research method, we draw on cases studies from international dispute settlement to understand how the international trade takes place. The results indicate that dispute settlement system allows the developing countries to transform the diplomatic resolution of the case with legal guidance to a quasi-judicialized system to avoid "trade wars".

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Resolution of international trade disputes in the WTO and other Fora

Cited by 4 publications

References 6 publications

Arising of Trade Disputes among the G20: Evaluation of US-China Trade Relations in the Context of World Trading System

Arising of Trade Disputes among the G20: Evaluation of US-China Trade Relations in the Context of World Trading System

Penalty mechanisms for enforcing concessionaire performance in public–private partnership contracts in Nigeria

Cigarette: The GATT non-discrimination clause

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