International Economic and Environmental Law Flashcards
What are the main trade agreements administered by the WTO?
The main agreements administered by the WTO are: the General Agreement on Tariffs and
Trade (GATT 1994); the General Agreement on Trade in Services (GATS 1994); and the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS 1994).
What is the most-favored-nation treatment (Art. I GATT 1994) and are there any exceptions?
The most-favored-nation treatment (Art. I GATT 1994) provides that any advantage, favor, privilege or immunity granted by a contracting party to any product originating in or destined
for any other country shall be accorded immediately and unconditionally to the like products originating in or destined for the territories of all other contracting parties. Therefore, the
same rules regarding customs duties must be applied to a product from another country.
However, there is an exception to the most-favored-nation treatment according to Art. XXIV GATT 1994. The parties of a customs union or a free trade agreement are able to reduce their tariffs below the most-favored-nation treatment level afforded to other WTO members, even
though such action technically violates the most-favored-nation principle.
What is the national treatment obligation (Art. III GATT 1994) and are there exceptions?
The national treatment obligation (Art. III GATT 1994) requires foreign goods to be treated no
less favorably than like products of domestic origin.
National treatment thus outlaws policies based on distinctions between internal and domestic
and external or foreign sources and origins.
However, there are general exceptions as stated in Art. XX GATT 1994. States may accordingly
introduce measures that appear to contravene the national treatment obligation, for example,
if such measures are necessary to protect human, animal or plant life or health, or relate to
the conservation of exhaustible natural resources. However, they have to be applied in a way
that they do not constitute arbitrary or unjustifiable discrimination or a disguised restriction
of international trade.
Which is the main goal of the World Trade Organization (WTO) and with which measures should it be reached?
The main function of the WTO is to foster an open global trading system by eliminating barriers to trade and facilitating greater coordination of trade policies.
This purpose is fulfilled through carrying out (Art. III WTO Agreement):
- implementation, administration and operation of multilateral trade agreements;
- negotiations among WTO members concerning their multilateral trade relations;
- settlement of trade disputes;
- reviewing national trade policies;
- assisting developing countries in trade policy issues, through technical assistance and training programs;
- cooperating with other international organizations.
What are the functions of the International Monetary Fund (IMF) in the current international economic system and why has it been criticized lately?
Today, the IMF sees its main mission in ensuring the stability of the international financial system. This task is tackled in three ways:
- monitoring the international monetary system and members’ economic policies;
- provision of technical assistance to member countries in the form of practical advice;
- and lending money to countries with balance of payment difficulties that cannot otherwise find sufficient financing (acting as the lender of last resort).
However, criticism of the IMF and its methods is ongoing:
- Due to IMF voting distribution, many find that the IMF represents the interests of Western countries rather than developing countries.
- Also, it is said that the IMF’s conditions for getting a loan often lead to a vicious circle: in order to get money, the country is subjected to harsh restrictions and forced to cut its spending. This may lead to a stagnation of the country’s economy, while also forcing the reduced provision of social ser vices such as healthcare and education.
What are the steps for a WTO dispute settlement?
First stage: consultation (up to 60 days) . At this preliminary stage, the
disputing states must enter into a dialogue to try to resolve their issues [0.5 Points]. If they
are unable to do so, they may still ask for third-party assistance from the WTO Director-Gen-
eral.
Second stage: the panel (up to 45 days for a panel to be appointed, plus six months for the panel to conclude). If the first stage is unsuccessful, the complaining country can request the appointment of a panel. The panel’s final report should normally be given to the parties to the dispute within six months. In cases of urgency,
including those concerning perishable goods, the deadline is shortened to three months.
Either party can appeal a panel’s ruling. Appeals however may only raise legal
questions and not those relating to facts or evidence.
Each appeal is heard by the Appellate Body set up by the Dispute Settlement Body.
The appeal can uphold, modify or reverse the panel’s legal findings and conclusions. Appeals should generally not last more than 60 days, with an absolute maximum of
90 days.
The Dispute Settlement Body has to accept or reject the appeals report within 30 days.
If the panel report is not appealed, it is circulated to the Dispute Settlement Body, which has
to decide on its adoption within 60 days.
The Dispute Settlement Body also monitors the implementation of the panel’s recommendations and may authorize retaliation when a country fails to comply with them.
When will the ICJ decide the case of a dispute between two states i.e what are the requirements?
The International Court of Justice (ICJ) will decide the case if the following requirements are fulfilled:
The parties to the conflict must have access to the court. The ICJ is open to states parties to the ICJ Statute (Art. 35 para. 1 ICJ Statute). All members of
the UN are also parties to the ICJ Statute (Art. 92 para. 1 UN Charter).
Furthermore, the states must have accepted the jurisdiction of the ICJ [0.5 Points]. This requirement is met if the parties express their consent in the treaty itself or in a special agree-
ment in general or with regards to a specific case (Art. 36 para. 1 ICJ Statute) or both parties declare that they recognize the jurisdiction of the ICJ as compulsorywithout special agreement (Art. 36 para. 2 ICJ Statute).
What is the ICJ? What is its role?
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It is the most important permanent court with general, universal jurisdiction
for the settlement of disputes.
The Court has a twofold role:
1. to settle legal disputes submitted to it by states in accordance with international law. Its judgments have binding force and are without appeal for the parties
concerned;
2. to give advisory opinions on legal questions referred to it by duly
authorized United Nations organs and agencies of the system
Is there a way for person X to instigate a contentious case before the ICJ?
- The basic principle of the ICJ is that only states may be parties in contentious cases
before the ICJ (Art. 34 para. 1 ICJ Statute). - X is a private person, not a state.
- Therefore, X cannot instigate a contentious case before the ICJ.
What are the different legally recognized ways for states to settle their disputes?
Explain your answer with reference to the relevant provisions.
- According to Art. 2 para. 3 UN Charter, all states shall settle their disputes
by peaceful means [0.5 Points]. - The peaceful methods of dispute resolution settlement are listed in Art. 33 UN Charter. Diplomatic or non-judicial methods of dispute settlement and judicial methods of dispute settlement may be distinguished.
- The diplomatic methods of dispute resolution include negotiation, mediation and good
offices, enquiry, conciliation, resort to regional agencies or arrangements, and other peaceful means of the states’ choice. - Judicial methods of dispute settlement encompass arbitration and
adjudication by courts
What are hybrid criminal tribunals? Name three advantages and three disadvantages of hybrid criminal tribunals compared to ad hoc criminal tribunals. [8 Points]
Hybrid criminal tribunals operate in relation to or even as part of national institutions. They have a mixed composition of national and international judges, prosecutors and legal personnel.
Advantages:
* Hybrid tribunals have better access to local facts, evidence, and witnesses as international ad hoc tribunals, which are set up in another country.
* Hybrid tribunals may promote the process of national reconciliation in the state concerned.
* Hybrid tribunals may prevent better future violations of international criminal law in the state concerned .
Disadvantages:
* The national members of hybrid tribunals may be not as impartial as the international ones, thereby reducing the effective functioning of the institution [1 Point].
* National members of hybrid tribunals may get under political influence as they may still have relations to the accused leaders.
* As a consequence, public confidence and acceptance of a hybrid criminal tribunal may be limited .
