[Solved] LAWS20062 International Commercial Law RESEARCH ASSIGNMENT

Task description:

This task will require students to research a set topic in international commercial law.
Assignment question:
Explain and critique the dispute resolution system and processes of the World Trade Organization (WTO). How does the WTO’s dispute resolution system work and are there any problems with it?
Assessment criteria:
1. Clarity of expression and flow of argument
2. Originality
3. Accuracy
4. Demonstrated research
5. Clarity of structure
6. Demonstrated ability to critique law, rules and/or institutions
7. Balance of argument
8. Proper referencing

 

Solution

Introduction

The World Trade Organization (WTO) is an intergovernmental organization whose concern is on regulating trade between countries. Part of this regulation is dispute resolution whereby WTO is responsible for settling disputes between disagreeing countries. WTO is governed by an agreement “Understanding on Rules and Procedures Governing the Settlement of Disputes).[1] The covenant is an integrated procedure that is applicable to all disagreements arising from WTO agreements. This paper is an analysis of WTO dispute resolution system and the problems the system is facing. The figure below is a flow chart of the Dispute Settlement Process. (IN THE SOLUTION)

The first step, as shown in the figure above is consultation, which is governed by Article 4 of WTO dispute resolution. Consultation takes up to 60 days and entails negotiation between the countries in dispute to see if they can settle their differences on their own. If the two countries fail, they seek the help of WTO director-general.

The second stage entails a timeline of up to 45 days for a panel to be selected and six months for it to settle. The activities of this phase are directed by Article 6 that necessitates request for establishment of a panel to be made in writing and specify if discussions were made, ascertain measures under dispute and issue a summary of legal basis of the complaint.………………please following the link below to purchase the solution at $10