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DISPUTE SETTLEMENT SYSTEM - DSS (2) answer(s).
 
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ID:   134210


En Route to the final shape of the UNCLOS dispute settlement system: some pivotal negotiating procedural steps worthy of conside: reflections of the agent of Argentina / Sienho Yee   Journal Article
Sienho Yee Journal Article
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Publication 2014.
Summary/Abstract This paper highlights several pivotal negotiating procedural steps that ultimately helped to promote the emergence of the final shape of the UNCLOS dispute settlement system. These steps include, for want of better phrasing, the following: (1) the package deal decision; (2) the consensus approach; (3) building consensus by privileging the best second choice; (4) building consensus by privileging the existing negotiating text through the rule of silence; and (5) failing consensus in the Negotiating Group, the Chairman presenting his own proposals as suggestions to the plenary. Needless to say, these steps are worthy of consideration by future treaty-makers and leaders in treaty-making when they are faced with complicated negotiating tasks, even if not as difficult as those during the monumental UNCLOS III.
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2
ID:   127777


Politics of compliance with adverse WTO dispute settlement ruli / Zhang, Xiaowen; Li, Xiaoling   Journal Article
Zhang, Xiaowen Journal Article
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Publication 2014.
Summary/Abstract Starting from 2004, China's trading partners, in particular the United States, have increasingly utilized the World Trade Organization (WTO) dispute settlement system (DSS) to challenge China's trade-related measures. As a major player in world trade, how China responds to adverse rulings is not only important to its trading partners, but also for the future of the international trade regime. China has thus far held a relatively good compliance record when facing adverse panel and/or Appellate Body rulings, except for the recent delay in full compliance in China-Publications and Audiovisual Products. Through examining the factors affecting China's decision making when targeted in a WTO dispute, this article finds that, in general, China is highly motivated to comply with the WTO DSS due to the reputational costs of noncompliance. Nevertheless, the recent delay in compliance in China-Publications and Audiovisual Products also demonstrates that successful implementation could be impeded by certain politically influential interest groups, especially when the measure at dispute is politically sensitive.
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