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Assignment on Dispute Settlement and Climate Change

   

Added on  2022-08-17

22 Pages5660 Words7 Views
Environmental ScienceEconomicsPolitical Science
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Running Head: DISPUTE SETTLEMENT AND CLIMATE CHANGE
DISPUTE SETTLEMENT AND CLIMATE CHANGE
Name of the Student
Name of the University
Author Note:
Assignment on Dispute Settlement and Climate Change_1

DISPUTE SETTLEMENT AND CLIMATE CHANGE2
EXECUTIVE SUMMARY
The paper aims to describe the notion of dispute settlement and its relation with climate change.
The paper skillfully picturized the reason behind the ongoing crises within WTO. The conducted
literature review tries to simplify the understanding about the aspects affect the members of the
WTO. The research was accomplished with a secondary activity with depending on the existing
information of primary research work. Additionally, the paper describes the responsiveness of
WTO to reduce the effect of climate change in the management of dispute settlement.
Assignment on Dispute Settlement and Climate Change_2

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TABLE OF CONTENTS
Introduction..........................................................................................................................4
Research aims and objectives..........................................................................................5
Research questions...........................................................................................................5
Discussion............................................................................................................................6
Literature Review................................................................................................................6
Literature Gap................................................................................................................12
Methodology......................................................................................................................12
Procedure.......................................................................................................................14
Ethical Consideration.....................................................................................................15
Recommendation...............................................................................................................15
Conclusion.........................................................................................................................16
References..........................................................................................................................17
Assignment on Dispute Settlement and Climate Change_3

DISPUTE SETTLEMENT AND CLIMATE CHANGE4
Introduction
Merrills (2017) mentioned that the system of dispute settlement of the World Trade
Organization is recognized as the ‘jewel in the Crown’ of the entire WTO. It is considered as one
of the rare parts in the common international law that contains a mechanism that provide the
combination of third party adjudication of disputes among the states of sovereignty. Combining
some of the cases from the past few years of the existence of WTO, it is considered as the busiest
settlement system off the international disputes covering the entire world (Allee & Elsig, 2016).
According to the study, Dispute settlement is considered as a procedure provided by the World
Trade Organization as the most crucial element for managing the multilateral trading system.
The reason behind the rising issues within the WTO are multifaceted. It can include
adoption of trade policy that measure one or more fellow members to be considered as breach of
the agreements of WTO or attains failure for living up to the obligation. Being associated with
WTO, a country agrees in believing that violation of any trade rules will contribute for
multilateral system of setting disputes rather than taking action unilaterally. Hence, the concept
of transition management gaining much importance in the recent field of studies. There are two
main factors infused with transition management including a tough market environment counting
every basic points and the latest coverage of news on the deficiency of transparent and departure
of the potential providers from the marketplace.
The concept of transition management refers to the procedure of handling the changes in
the portfolio assets. The output and trading is a continuous growing procedure that increases the
trade intensity that is declining at a greater speed. Asmelash (2015) mentioned that the service
and data flow is playing a crucial role in faster growth of trading in goods. However the services
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DISPUTE SETTLEMENT AND CLIMATE CHANGE5
are generating more value considering the measures of national accounts. For the alternative
measure it can be found that the services constitute more value to the international trading
instead of goods. Additionally, the entire global value chain is becoming more intensive in terms
of knowledge (Alter, 2013). The study will try to demonstrate the link between climate change
and trading industry. It will try to intersect with the climate change with multiple ways. It will
include the government initiatives to introduce various policies to address the consequences of
climate change.
Research aims and objectives
The aim of the paper is to describe the impact of climate change on World Trade
organization. It will demonstrate the observed reasons behind all the existing disputes within
World Trade Organization. Along with the services the paper will demonstrate the impact of
climate change over the trading goods covering the entire nation. Additionally, the paper will
mention the responsiveness of WTO considering the existing crisis and the effect on the
operations of world trade industry. The objectives of the study include
To investigate about the existing crisis within the WTO.
To understand the relation between climate change and dispute settlement of WTO.
To understand the impact of climate change on WTO.
To measure the responsiveness of WTO for addressing the disputes.
Research questions
What are the existing crises within WTO?
What is the relation between climate change and dispute settlement?
What is the impact of climate change over WTO?
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What is the responsiveness of WTO for addressing the disputes?
Discussion
Literature Review
Tietje, Baetens & Ecorys, R. (2014) mentioned about the Appellate Body of World Trade
Organization and its crises emerging recently. As a consequence, the United States has been
observed to block the appointments to the members from more than one and a half years.
Consequentially, the volume of the members of World Trade Organization has been shrunk into
four number instead of seven. It became into 3 members in the year of 2018, October
(Bronckers, 2015). The Dispute Settlement Understanding (DSU) needs three members for study
in to analyze in details. According to the study, the common issue or crisis with the functionality
of WTO lies in the multilateral system of trading with the lack of progress with negotiation for
trading. The researchers mentioned that the first level of the multilateral negotiation process of
trading of World Trade Organization was initiated by the member stated ministers that was
organized in Doha (Capital city of Qatar, 2001). The discussion needs to submitted within the
deadline of January 1 2005. Initiated by the several challenges, the negotiations were not
accomplished within the scheduled deadline (Miall, 2016). It requires to be understood the
notion of liberalization of the multilateral trade that has never observed with these amounts of
challenges. The aforementioned issues are initiated by the fact that covering the entire history of
GATT/WTO system of multilateral trade, there were no observed break in the successful
negotiation as observed recently.
Assignment on Dispute Settlement and Climate Change_6

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