The WTO dispute settlement system - one size does not fit all

This thesis examines the operation of the World Trade Organisation (WTO) Dispute Settlement Understanding (DSU) from the perspective of the Least Developed Countries (LDCs). Ensuring predictability and stability in the rules-based international trading system requires the DSU to be accessible, efficient, reliable, and able to redress imbalances. The inability of the LDCs to fully utilise with the DSU, thus denigrates their ability to redress imbalances and, by extension, their ability to fully engage in international trade, which logically could restrict their economic growth. This thesis builds upon our existing knowledge by exploring and examining why the LDCs, having brought only one dispute, appear to have difficulties -engaging with the DSU, and this thesis reveals a series of issues and concerns. Since the 1990s, the DSU has been the subject of review, and this thesis also explores these ongoing review negotiations from an LDC viewpoint. This LDC-focused analysis and evaluation represent an original and important contribution to the general body of academic knowledge, illuminating areas of these negotiations which have hitherto been overlooked within the academic fora. The thesis also narrates how during both the negotiations which led to the creation of the DSU and those relating to its review, the repeated failure of the LDC proposals to either gain traction or even, upon occasion, be discussed by the wider WTO membership, contributed towards a growing bias amongst the LDCs against engaging with the DSU which is a recurring theme of this thesis. The thesis makes recommendations to address some of the engagement issues faced by the LDCs. Arguing that WTO action alone will not address all these issues, the thesis advocates that the LDCs must themselves be prepared to take measures to address their structural and other weaknesses.This thesis examines the operation of the World Trade Organisation (WTO) Dispute Settlement Understanding (DSU) from the perspective of the Least Developed Countries (LDCs). Ensuring predictability and stability in the rules-based international trading system requires the DSU to be accessible, efficient, reliable, and able to redress imbalances. The inability of the LDCs to fully utilise with the DSU, thus denigrates their ability to redress imbalances and, by extension, their ability to fully engage in international trade, which logically could restrict their economic growth. This thesis builds upon our existing knowledge by exploring and examining why the LDCs, having brought only one dispute, appear to have difficulties -engaging with the DSU, and this thesis reveals a series of issues and concerns. Since the 1990s, the DSU has been the subject of review, and this thesis also explores these ongoing review negotiations from an LDC viewpoint. This LDC-focused analysis and evaluation represent an original and important contribution to the general body of academic knowledge, illuminating areas of these negotiations which have hitherto been overlooked within the academic fora. The thesis also narrates how during both the negotiations which led to the creation of the DSU and those relating to its review, the repeated failure of the LDC proposals to either gain traction or even, upon occasion, be discussed by the wider WTO membership, contributed towards a growing bias amongst the LDCs against engaging with the DSU which is a recurring theme of this thesis. The thesis makes recommendations to address some of the engagement issues faced by the LDCs. Arguing that WTO action alone will not address all these issues, the thesis advocates that the LDCs must themselves be prepared to take measures to address their structural and other weaknesses

المعاملة الخاصة التفضيلية: عامل جديد لتفسير التزام الدول القل تطورًا بنظام تسوية النزاعات لمنظمة التجارة العالمية

The factors explaining the lack of participation and engagement by Least Developed Countries (LDCs) in the World Trade Organization (WTO) dispute settlement mechanism (DSU) have been the subject of much academic discourse. This paper posits the existence of a new factor that will inform and expand this discourse. The paper examines the pursuit of Special and Differential Treatment (S&D) by LDCs during the GATT era, positing that S&D became a key driver of LDC policy during this period. It is argued that during the Uruguay Round of Trade Negotiations, this S&D-driven policy led the LDCs to seek a bespoke LDC dispute settlement system extraneous to, and separate from, the DSU mechanism agreed upon by the vast majority of GATT contracting parties. This paper concludes that the clearly espoused desire of LDCs neither to participate in nor to be associated the DSU, coupled with their clearly expressed requests for a bespoke LDC-only dispute settlement mechanism; together provide a powerful new reason why LDCs have not more actively engaged with the DSU.تُعد العوامل التي تفسر عدم مشاركة والتزام الدول الأقل تطورًا في آلية تسوية النزاعات لمنظمة التجارة الدولية موضوع جدل القطاع الأكاديمي. تقدم هذه الدراسة عاملًا جديدًا لتغذية وتوسيع هذا الجدل. كما أنها تقيّم مواصلة هذه الدول للمعاملة الخاصة التفضيلية في زمن الاتفاقية العامة للتعريفات الجمركية والتجارة، باعتبارها أساس سياستها. وخلال جولة أوروغواي لاتفاقيات التجارة، دفعت هذه السياسة الدول الأقل تطورًا للبحث عن نظام موصى عليه لتسوية النزاعات، ومنفصل عن آلية تسوية النزاعات المتفق عليها من قبل أكثرية أطراف الاتفاقية العامة للتعريفات الجمركية والتجارة. وتخلص هذه الدراسة برغبة الدول الأقل تطورًا في عدم المشاركة أو الانضمام إلى آلية تسوية النزاعات، بالإضافة إلى المطالبة بآلية لتسوية النزاعات موصى عليها فقط لهذه الدول، مما يوضح سبب عدم التزام هذه الأخيرة بآلية تسوية النزاعات

Special and Differential Treatment: A New Factor Explaining LDC Engagement with the WTO Dispute Settlement System?

تُعد العوامل التي تفسر عدم مشاركة والتزام الدول الأقل تطورًا في آلية تسوية النزاعات لمنظمة التجارة الدولية موضوع جدل القطاع الأكاديمي. تقدم هذه الدراسة عاملًا جديدًا لتغذية وتوسيع هذا الجدل. كما أنها تقيّم مواصلة هذه الدول للمعاملة الخاصة التفضيلية في زمن الاتفاقية العامة للتعريفات الجمركية والتجارة، باعتبارها أساس سياستها. وخلال جولة أوروغواي لاتفاقيات التجارة، دفعت هذه السياسة الدول الأقل تطورًا للبحث عن نظام موصى عليه لتسوية النزاعات، ومنفصل عن آلية تسوية النزاعات المتفق عليها من قبل أكثرية أطراف الاتفاقية العامة للتعريفات الجمركية والتجارة. وتخلص هذه الدراسة برغبة الدول الأقل تطورًا في عدم المشاركة أو الانضمام إلى آلية تسوية النزاعات، بالإضافة إلى المطالبة بآلية لتسوية النزاعات موصى عليها فقط لهذه الدول، مما يوضح سبب عدم التزام هذه الأخيرة بآلية تسوية النزاعات.The factors explaining the lack of participation and engagement by Least Developed Countries (LDCs) in the World Trade Organization (WTO) dispute settlement mechanism (DSU) have been the subject of much academic discourse. This paper posits the existence of a new factor that will inform and expand this discourse. The paper examines the pursuit of Special and Differential Treatment (S&D) by LDCs during the GATT era, positing that S&D became a key driver of LDC policy during this period. It is argued that during the Uruguay Round of Trade Negotiations, this S&D-driven policy led the LDCs to seek a bespoke LDC dispute settlement system extraneous to, and separate from, the DSU mechanism agreed upon by the vast majority of GATT contracting parties. This paper concludes that the clearly espoused desire of LDCs neither to participate in nor to be associated the DSU, coupled with their clearly expressed requests for a bespoke LDC-only dispute settlement mechanism; together provide a powerful new reason why LDCs have not more actively engaged with the DSU

Frustration through futility: Least developed countries and the WTO’s settlement of disputes

The lack of participation and engagement by Least Developed Countries (LDCs) in the WTO in general and in their use of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) in particular has been a continuing problem facing the WTO, tainting not only the organization as a whole but also tarnishing the crown jewels of the WTO namely the DSU. This article considers from a commercial viewpoint the many issues and barriers preventing LDCs usage of the DSU including capacity issues, costs, private sector involvement and others. Consideration is also given to specific provisional measures which are widely available and recognised within national legal regimen, have been adopted internationally by a plethora of divergent judicial, quasi-judicial and arbitral fora, and are recommended by the WTO and which are, significantly, missing from the DSU itself. The paper concludes that the addition of provisional measures to the DSU toolkit will enhance the effectiveness of the DSU by removing key structural obstacles, which hitherto have prevented LDCs from exercising their right to prosecute trade disputes with other WTO members

Mathematics and Science in Primary Teacher Education: The Design of a Project to Encourage Review at the Institutional Level

Over the past two decades evaluation has been one of the growth industries in education. A major impetus for this development, particularly in the united States of America, has been the mandating of evaluations for major policy initiatives at federal and state levels (House, 1981). One result of such legislation has been that academics and private organisations have been engaged, often on long term assignments, to pass judgements on the worth of interventions designed to improve the quality of education made available in educational systems. Features of this approach to evaluation have been that they are large scale well funded, and conducted by experts who have no stake in the programs. Invariably such evaluations have policy makers and politicians as their major audiences, and their major concern is with accountability, making judgements regarding the worth of programs which reflect given policies

Discovery of genes implicated in whirling disease infection and resistance in rainbow trout using genome-wide expression profiling

<p>Abstract</p> <p>Background</p> <p>Whirling disease, caused by the pathogen <it>Myxobolus cerebralis</it>, afflicts several salmonid species. Rainbow trout are particularly susceptible and may suffer high mortality rates. The disease is persistent and spreading in hatcheries and natural waters of several countries, including the U.S.A., and the economic losses attributed to whirling disease are substantial. In this study, genome-wide expression profiling using cDNA microarrays was conducted for resistant Hofer and susceptible Trout Lodge rainbow trout strains following pathogen exposure with the primary objective of identifying specific genes implicated in whirling disease resistance.</p> <p>Results</p> <p>Several genes were significantly up-regulated in skin following pathogen exposure for both the resistant and susceptible rainbow trout strains. For both strains, response to infection appears to be linked with the interferon system. Expression profiles for three genes identified with microarrays were confirmed with qRT-PCR. <it>Ubiquitin-like protein 1 </it>was up-regulated over 100 fold and <it>interferon regulating factor 1 </it>was up-regulated over 15 fold following pathogen exposure for both strains. Expression of <it>metallothionein B</it>, which has known roles in inflammation and immune response, was up-regulated over 5 fold in the resistant Hofer strain but was unchanged in the susceptible Trout Lodge strain following pathogen exposure.</p> <p>Conclusion</p> <p>The present study has provided an initial view into the genetic basis underlying immune response and resistance of rainbow trout to the whirling disease parasite. The identified genes have allowed us to gain insight into the molecular mechanisms implicated in salmonid immune response and resistance to whirling disease infection.</p

Salmonella Typhimurium and Multidirectional Communication in the Gut

The mammalian digestive tract is home to trillions of microbes, including bacteria, archaea, protozoa, fungi and viruses. In monogastric mammals the stomach and small intestine harbor diverse bacterial populations but are typically less populated than the colon. The gut bacterial community (microbiota hereafter) varies widely among different host species and individuals within a species. It is influenced by season of the year, age of the host, stress and disease. Ideally, the host and microbiota benefit each other. The host provides nutrients to the microbiota and the microbiota assists the host with digestion and nutrient metabolism. The resident microbiota competes with pathogens for space and nutrients and, through this competition, protects the host in a phenomenon called colonization resistance. The microbiota participates in development of the host immune system, particularly regulation of autoimmunity and mucosal immune response. The microbiota also shapes gut-brain communication and host responses to stress; and, indeed, the microbiota is a newly recognized endocrine organ within mammalian hosts.Salmonella enterica serovar Typhimurium (S. Typhimurium hereafter) is a food-borne pathogen which adapts to and alters the gastrointestinal (GI) environment. In the GI tract, S. Typhimurium competes with the microbiota for nutrients and overcomes colonization resistance to establish infection. To do this, S. Typhimurium uses multiple defense mechanisms to resist environmental stressors, like the acidic pH of the stomach, and virulence mechanisms which allow it to invade the intestinal epithelium and disseminate throughout the host. To coordinate gene expression and disrupt signaling within the microbiota and between host and microbiota, S. Typhimurium employs its own chemical signaling and may regulate host hormone metabolism.This review will discuss the multidirectional interaction between S. Typhimurium, host and microbiota as well as mechanisms that allow S. Typhimurium to succeed in the gut

Kepler Observations of Transiting Hot Compact Objects

Kepler photometry has revealed two unusual transiting companions orbiting an early A-star and a late B-star. In both cases the occultation of the companion is deeper than the transit. The occultation and transit with follow-up optical spectroscopy reveal a 9400 K early A-star, KOI-74 (KIC 6889235), with a companion in a 5.2 day orbit with a radius of 0.08 Rsun and a 10000 K late B-star KOI-81 (KIC 8823868) that has a companion in a 24 day orbit with a radius of 0.2 Rsun. We infer a temperature of 12250 K for KOI-74b and 13500 K for KOI-81b. We present 43 days of high duty cycle, 30 minute cadence photometry, with models demonstrating the intriguing properties of these object, and speculate on their nature.Comment: 12 pages, 3 figures, submitted to ApJL (updated to correct KOI74 lightcurve