Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 81 for “"Dispute settlement"”.
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Rethinking Investor-State Dispute Settlement Reforms
… Chapter 4 analyzes the scarce use of amicable dispute resolution in investment disputes. While both Chapters 2 and 3 implement the economic analysis of law tools, Chapter 4 approaches its problem by introducing interdisciplinary perspectives. The chapter starts by identifying different methods …
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“Authorities” in International Dispute Settlement: a Data Analysis
… and relevance of authorities in international dispute settlement. There is however little research on the practice of citing authorities in international disputes, and even less empirical research that sheds light on such citations. This thesis relies on data-led analyses that leverage the …
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Improving Remedies in the WTO Dispute Settlement System
… exists in the World Trade Organization (WTO) dispute settlement system. When a member state does not bring its trade policies into conformity with WTO obligations, the WTO dispute settlement system offers either compensation or retaliation as acceptable remedies to the aggrieved member states. …
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Jurisdictional Aspects of Multiparty Actions in International Dispute Settlement
… use. I make three claims – first, international dispute settlement, although conceived to take place bilaterally between the two opposing sides of claimant and respondent, does not inherently exclude multiparty actions. Multiparty actions are bilateral if claimants can organise themselves into …
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Dispute Settlement and Hierarchy: The Military Guided Missile Controversy, 1955-1960
Made available in DSpace on 2014-12-05T17:26:23Z (GMT). No. of bitstreams: 1 6402878.pdf: 7570536 bytes, checksum: b411ab07d83fe22e715335cbf630e524 (MD5) Previous issue date: 1963
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International dispute settlement system design : analysis of the World Trade Organization
The dispute settlement process established by the World Trade Organization (WTO) in 1994, (the "DSU"), has drawn widespread attention. While the DSU is the most used international dispute settlement process, it is geared to resolving complaints by one country against another concerning enforcement …
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Reforming investor-state dispute settlement (ISDS): European Union flexing its normative power?
… power in its pursuit of reform of Investor-State Dispute Settlement (‘ISDS’) in the form of the European Commission’s (‘Commission’) proposals on the Investment Court System (‘ICS’). The EU has emerged as a major player in international investment, and the EU is pursuing reform of ISDS in its new …
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Developing countries participation in the WTO Dispute Settlement System: how to facilitate?
… and usage of the World Trade Organization's dispute settlement system. Although the World Trade Organization provides equal rights and obligation to enter into the dispute settlement process for all member countries, the litigation process is complex and costly for developing countries. There …
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Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
… issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to …
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The WTO’s Dispute Settlement Body and its impact on Developing Countries: problems and possible solutions.
… in the World Trade Organization’s (WTO) Dispute Settlement Body (DSB). Under the DSB, there are many cases that present the limiting of developing countries on some significant ways. This thesis discusses the most significant limiting factors reported and practiced by developing countries …
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The Contributions of UNCLOS Dispute Settlement Bodies to the Development of the Law of the Sea
… examine the contributions made by the dispute settlement bodies established under the United Nations Convention on the Law of the Sea (UNCLOS) to the development of the law of the sea. The two main research questions to be answered are: (i) what kind of contribution have UNCLOS dispute …
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The inefficies of the dispute settlement systems in Zambia: Alternative dispute resolution, as a supplement to litigation
… over the years, there has been a large number of disputes. This is because of the interaction that exists between people or entities. The traditional legal response to settle these disputes has been for a lawyer of one of the parties to initiate or lodge a complaint in court. The litigation …
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A comparison between the dispute settlement procedures in the international court of justice and the world trade organisation
… to a perceived need for international judicial settlement, whereas the World Trade Organisation (WTO) was created for the purpose of specifically promoting international trade by reducing tariffs and other barriers to trade. Alternative structures for each institution are also considered, as is …
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International Arbitration - protection of foreign direct investments and foreign investment dispute settlement under ICSID and the bilateral investment treaties
… regime under the International Centre for Settlement of Investment Disputes (ICSID) in connection with protection mechanism of Bilateral Investment Treaties (BITs). It shall analyse the achievements of ICSID and BITs and their influence of foreign direct investments, investors and the host …
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Case Study on World Trade Organization Dispute Settlement: European Communities — Measures Affecting Meat and Meatproducts (Hormones), Complaint by the United States
… and (3) to create a system for the impartial settlement of international trade disputes. A key component of the World Trade Organization (WTO) is the Dispute Settlement Body (DSB). This body, as with the WTO itself, has only been in operation since January of 1995. The WTO, although relatively …
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Protection of state parties’ rights under the dispute settlement mechanism of the African continental free trade agreement: Lessons from the World Trade Organisation
This study examines the effectiveness of the dispute settlement mechanism of the African Continental Free Trade Area (AfCFTA DSM) as codified in the Protocol on Rules and Procedures for the Settlement of Disputes (AfCFTA DS Protocol). The primary focus is on whether the AfCFTA DS Protocol ensures …
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GUYANA-VENEZUELA BORDER DISPUTE: SEEKING A PEACEFUL SOLUTION
… examine and evaluate the effectiveness of those dispute settlement mechanisms that are capable of resolving the Guyana-Venezuela border dispute. This thesis will analyze those legal principles and/or techniques of the International Court of Justice, mediation and the Permanent Court of …
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The World Trade Organization (WTO) Appellate Body crisis: A critical analysis
The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural …
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