Trade Dispute Resolution Research Articles

Legal Harmonisation in BRICS: Analysing Cross-Border Trade Rules and Dispute Settlement Mechanisms

This study explores the legal harmonization of cross-border trade regulations and dispute settlement mechanisms within the BRICS bloc, comprising Brazil, Russia, India, China, and South Africa. With diverse legal traditions and economic priorities, BRICS nations face significant challenges in aligning their legal frameworks to foster seamless trade and effective dispute resolution. Using a normative juridical approach, this research examines regulatory disparities, existing dispute resolution mechanisms, and the potential for harmonization. The findings highlight key barriers, such as fragmented legal systems, inconsistent enforcement, and limited institutional capacity, while proposing actionable strategies, including standardized tariff systems, mutual recognition agreements, and the establishment of a centralized arbitration body. By addressing these issues, the study underscores the importance of legal alignment for enhancing economic integration and strengthening BRICS' position in global trade.

Cross-Border Trade Disputes: A Comparative Analysis of Indonesia and Australia

This comparative analysis delves into the intricate landscape of cross-border trade disputes, focusing on Indonesia and Australia. As two significant players in the global trade arena, understanding their dispute resolution mechanisms is crucial for fostering bilateral and multilateral trade relationships. The study examines the legal frameworks, institutional mechanisms, and cultural factors influencing trade dispute resolution in both countries. Indonesia's approach may reflect its unique socio-political context, while Australia's system could showcase its commitment to transparency and adherence to international trade norms. Key aspects explored include the role of governmental bodies, such as trade ministries and dispute settlement panels, as well as the utilization of alternative dispute resolution methods like arbitration and mediation. Moreover, the analysis delves into the effectiveness and efficiency of these mechanisms in resolving disputes promptly while maintaining fairness and equity for all parties involved. Comparisons are drawn between Indonesia and Australia in terms of legal precedents, enforcement mechanisms, and the level of stakeholder engagement in the dispute resolution process. Additionally, cultural nuances and historical contexts are considered to understand how these factors shape the negotiation and resolution of trade conflicts. By synthesizing these insights, the study aims to provide policymakers, trade practitioners, and academics with a comprehensive understanding of the strengths and weaknesses of each country's approach to cross-border trade dispute resolution. Ultimately, it seeks to contribute to the development of best practices and strategies for enhancing trade relations and promoting economic cooperation between Indonesia and Australia, as well as other nations globally.

An appraisal of contemporary issues in trade disputes resolution in Nigeria

Evidentially, trade dispute generally originates from the interaction within an organized labour market. In recent times, the traditional notion of trade dispute as being a dispute between workers and their employers or between workers and workers may hardly be sustained, considering the fact that in certain instances industrial action may be aimed at government and the government may not be the employer of the workers. The paper adopts doctrinal methodology to examine trade dispute resolution in Nigeria by way of analyzing the concept of trade dispute that will always occur once there exist a working relationship. The paper evaluates, the Industrial Arbitration Panel (IAP) in its present constitution which is seriously handicapped to discharge its function effectively. The body lacks the independence required and expected of an adjudicatory body, more so, with the overbearing influence of the Minister on the duties of the IAP. The paper also recommends that in spite of the enormous challenges facing the I.A.P, the simplicity of procedure at the arbitration is a major advantage it has over litigation in the regular courts particularly as they have a time frame within which to discharge any despite before it.

Innovation Helps with Sustainable Business, Law, and Digital Technologies: Economic Development and Dispute Resolution

This paper discusses the dispute resolution procedure that innovative digital commerce has adopted for the future for sustainable business. As digital trade becomes increasingly important for economic growth, trade-related disputes must be settled in both business and consumer situations. This study examines the advantages of using digital technology to resolve disputes involving digital trade and discusses how digital technology is changing traditional dispute resolution procedures. Conventional trade disputes differ from their digital counterparts because the digital sphere gives rise to more complex trade conflicts that require stronger regulatory resources. The utilization of digital technologies such as blockchain, artificial intelligence, innovation-based models, digital strategies, and others can enhance the efficacy of conflict resolution. Digital technology can assist in resolving disputes with digital trade, even though procedural fairness issues including prejudice and algorithmic opacity may also arise. The research highlights the importance of developing innovative techniques to set up trade dispute resolution procedures and building legal frameworks for jurisdiction, trial, and enforcement procedures in addition to stressing the usage of digital technology.

MPIA as Solution of Appellate Body Dilemma: An Overview of the Advantages of New Mechanism of WTO Dispute Settlement

In December 2019, the WTO Appellate Body, the heart of global trade governance, encountered an unprecedented impasse due to the United States blockade on the appointment of its members. This paper delves into the emergence of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) as a provisional solution to this deadlock. Established by the European Union and trade partners, and now endorsed by 53 WTO members, the MPIA aims to temporarily fill the void left by the paralyzed Appellate Body by utilizing Article 25 of the DSU. Through a juridical normative methodology complemented by historical and descriptive analysis, this study critically evaluates the MPIA's role within the context of international trade dispute resolution. It compares the MPIA's innovative mechanism against the traditional WTO dispute settlement mechanisms, illuminating both its merits and limitations. The paper argues that while the MPIA represents a creative and necessary stopgap, beyond this, it is not a solution for the challenges facing the WTO's dispute settlement mechanism. The findings emphasize the crucial element for comprehensive reform within the WTO's Dispute Settlement Mechanism (DSM) to regain its functionality and credibility in international trade dispute settlement.

What Is The Process Of Resolving Disputes In International Business Law?

The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.

US – China trade war: economic and legal aftermaths

The China-US trade war, which was the result of differences in the production structure of the two countries, systemic contradictions in foreign economic policy principles and the struggle for global leadership, has a significant impact on global trade flows and market conditions. The article aims to identify the key beneficiaries of the trade war, to assess the situation in individual industry markets, as well as global legal effects, which remain out of academic discourse. US pharmaceutical companies and manufacturers of electronic integrated circuits, diodes, transistors, semiconductors and other high-tech components are the main beneficiaries of the trade war, while US consumers are facing rising import prices. Chile, Malaysia, Argentina, Brazil, Canada are external beneficiaries due to the growth in the supply of agricultural products and metals. Malaysia, Vietnam, Taiwan, Hong Kong, Singapore, South Korea and Japan win in electronics, while Vietnam, Pakistan, Bangladesh, Sri Lanka, Cambodia, as well as India get additional advantages in textile production. The United States aimed at ousting China from the world rare earth metals market, forming an investment coalition consisting of Australia and Japan. The systemic spread of sanctions and trade restrictions is shifting the trade disputes resolution from the global level towards the US legal system, which seems to be relatively more efficient in resolving trade disputes.

The WTO and Using Digital Economy Technologies: Surviving the Race With Preferential Trade Agreements

This article examines the potential of Artificial Intelligence (AI) and blockchain technologies to help resolve trade disputes, facilitate multilateral trade and increase efficiency within the World Trade Organization (WTO). It looks at how AI and blockchain can be used to automate more complex trade processes, such as anti-dumping measures. The article also outlines the challenges associated with implementing such technologies, such as the need for developing countries to invest in infrastructure, the need to ensure correct data is available, and the potential for future regulatory challenges. Finally, it identifies the key measures that must be taken before AI and blockchain can become part of the WTO dispute settlement and trade facilitation system. WTO, Digital Economy, Artificial Intelligence, Trade Facilitation, Dumping, Dispute Settlement

Mediation in diplomatic conflicts. Examples from Latin America

Mediation plays a key role in resolving diplomatic conflicts, especially in regions where established relations between countries are of strategic importance. The article explores the importance and effectiveness of mediation in the region by looking at specific cases of their use. Over the past decades, Latin America has faced many diplomatic disputes related to borders, trade, resources and other important issues. In such a context, mediation has shown its ability to resolve conflicts through third party mediation. The article analyzes successful examples of mediation, such as the resolution of border conflicts between Colombia and Venezuela, and the peaceful settlement of trade agreement disputes between Chile and Peru. Special attention is paid to the role of mediators and their strategies in overcoming protracted and acute controversies. The importance of neutrality, trust and diplomatic skill in mediation processes is emphasized. In addition, the article analyzes the impact of mediation on long-term relations between countries, emphasizing the positive results in cooperation and reduction of tensions. By analyzing case studies, the authors emphasize that mediation plays a key role in resolving complex tensions between countries. The article emphasizes the role of mediators and the strategies they use to achieve successful outcomes. Neutrality, trust and diplomatic skill are highlighted as important components of successful mediation. In the context of Latin America, a region with many diplomatic disputes, the article analyzes examples of successful mediation, such as the resolution of border conflicts and trade disputes. These practical cases confirm mediation's ability to alleviate tensions and promote peaceful conflict resolution Finally, the article emphasizes that mediation plays an important role in peace and stability in Latin America by facilitating the resolution of diplomatic conflicts. The article's examination of successful practical examples of mediation demonstrates that this method has great potential for resolving complex international disputes and enabling interaction and cooperation between states in the region and beyond. The main conclusion of the article is that mediation has significant potential for application in diplomatic conflicts in Latin America. It helps to create conditions for cooperation between countries and supports stability in the region. Examining successful case studies and analyzing mediators' strategies makes the article relevant and informative for researchers, diplomats and anyone interested in international relations and conflict resolution

Indonesia's State Policy in Resolving International Trade Barriers

This journal article aims to review and analyze the policies that have been taken by the Indonesian government in resolving international trade barriers. We will look at how the policy is implemented, its impact on the Indonesian economy, as well as the challenges faced in the implementation process. This research uses qualitative methods with a library research approach. The qualitative method was chosen because this study aims to examine Indonesia's state policy in resolving international trade barriers thoroughly and in depth. Through this method, researchers can collect and analyze relevant secondary data from a variety of available sources, such as journal articles, books, official government documents, and international organization reports related to trade. The results of this study conclude that Indonesia's role in international trade disputes is very important in protecting national economic interests and encouraging dialogue and cooperation with its trading partner countries. Through participation in WTO mechanisms, bilateral diplomacy, and its role as a mediator, Indonesia seeks to resolve trade disputes in a manner that is fair and beneficial to all parties involved.

Study on the Spatial Evolution of China’s Pulp and Paper Product Import Trade and Its Influencing Factors

The purpose of this research is to study the changes in the market structure of China’s pulp and paper product imports. In particular, the import trade environment and market layout of Chinese pulp and paper products have changed under the international context of the coronavirus pandemic and the Sino-US trade dispute and the domestic policy context of zero imports of Chinese waste paper. This study attempts to fill the gap regarding the influencing factors of market structure, while contributing new ideas on China’s trade in pulp and paper products. Based on pulp and paper product import and export trade data from 2005 to 2021, a trade gravity model was used to explore the changes in the share of China’s trade partners for pulp and paper product imports and their influencing factors. The results indicated that the outbreak of COVID-19 led to a significant increase in China’s imports of packaging paper products, bringing about an increase in Indonesia’s status as a partner in China’s pulp and paper product trade. The US-China trade dispute had an impact on pulp and paper product trade between the two countries, with China’s tax countermeasures causing the US to lose its status as a trading partner in China for pulp and paper product imports. The center of gravity for paper product imports has moved from the US and Japan to Indonesia and Russia. The restrictions on waste paper imports have shifted the focus of China’s paper raw material imports, with the US no longer being the main importer of China’s paper raw materials. Specifically, the main importers of wood pulp are Brazil and Chile, while the main importers of waste paper pulp are Thailand and Malaysia. In the future, China needs to continuously strengthen dialogue with the United States to resolve trade disputes and create a favorable environment for trade in pulp and paper products. At the same time, China’s paper enterprises should strengthen the expansion of the Southeast Asian market and reduce dependence on the US market, and China should continue to improve the waste paper recycling system and improve the utilization rate of domestic waste paper.

Application of Online Arbitration to Dispute Resolution E-Commerce Business in Indonesia (in Academic Discourse and Practice)

Online trade dispute resolution has actually been regulated in the Law on Trading Through Electronic Systems, namely "PMSE dispute resolution as referred to in paragraph (1) can be held electronically (online dispute resolution) in accordance with the provisions of laws and regulations". However, online dispute resolution currently does not have a clear mechanism to be resolved through online arbitration. The purpose of this study is to see an overview of the Application of Online Arbitration to E-Commerce Business Dispute Resolution in Indonesia (in academic discourse and practice). This method of approach is a normative juridical approach with secondary data. This research is descriptive analytical. The results of the study found that the settlement of trade disputes electronically (e-commerce) through online arbitration in accordance with the APS Law which states that in the event that it is agreed that dispute resolution through arbitration occurs in the form of exchange of letters, then the sending of telex, telegram, facsimile, e-mail, or in the form of other means of communication, accompanied by a note of acceptance by the parties. Online arbitration in the process of its implementation in Indonesia is in accordance with and does not conflict with existing laws and regulations, although there are no implementing rules governing the arbitration process online.

Role of The WTO (World Trade Organization) To Limit Dumping Practice

International trade is a cross-border buying and selling transaction, which involves two parties and crosses state boundaries. Dumping is a system of selling goods on foreign markets in large quantities at very low prices with the aim that domestic purchase prices are not lowered so that they can eventually dominate foreign markets and regain control of prices. From the above background, the problem in this research is the role of the WTO (World Trade Organization) to limit dumping practices. Answering these problems the researchers used a normative juridical approach. Normative juridical approach is an approach that is based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results of the study show that in GATT it is clear that the position of dumping is an act of unfair trade (unfair trade practice) because it violates the principles of MFN. This is why he considers dumping as Unfair Trade Practice in GATT. Then the anti-dumping regulation in Article VI of the GATT is intended as a policy to overcome dumping. The WTO in this position is as a forum for dispute resolution and provides a conciliation mechanism to resolve trade disputes that arise. So that the position of the WTO is as a facilitator in preventing dumping disputes.

Standardization of Panax ginseng: Current Status of Global Trade, Demands, and Development.

Panax ginseng, as a kind of rare and valuable Chinese materia medica with the largest global trade volume, has been widely applied in many fields, such as medicine, food, health care, and production of daily chemical products. It is widely used in Asia, Europe, and America. However, its global trade and standardization present different features and an uneven development in different countries or regions. As the main country for its production and consumption, Panax ginseng in China is characterized by its large cultivation area and high total yield and is mainly sold as a raw material or primary processed product. By contrast, Panax ginseng produced in South Korea is mainly sold in manufactured products. Besides, European countries, as another consumption market of Panax ginseng, pay more attention to the research and development of its products. Although Panax ginseng has been widely recorded in various national pharmacopoeias and regional standards, the current standards of Panax ginseng differ in quantity, composition, and distribution, and the existing standards cannot be enough to meet the demands of its global trade. Based on the above issues, we systemically summarized and analyzed the status and features of Panax ginseng standardization and put forward suggestions on the development needs of international standardization of Panax ginseng to guarantee its quality and safety, regulate the order of its global trade, and resolve trade disputes, thereby promoting the high-quality development of the Panax ginseng industry.

International trade disputes related to fish products and Agreement on Fisheries Subsidies: Key regulatory issues and litigation outlook

Fish-related trade disputes dealt with by the World Trade Organization (WTO) arise from the complexity of the fisheries industry, and the transboundary nature of fish, combined with differing national policies and interests. The Agreement on Fisheries Subsidies (AFS) aims to strengthen the role of the WTO in regulating the fish trade and curbing unsustainable fishing practices such as illegal fishing, overcapacity, and overfishing by limiting excessive fisheries subsidies. This article reveals the legal framework of the WTO to regulate the fish trade and resolve trade disputes and outlines the prospects for fish trade in light of the Agreement on Fisheries Subsidies (AFS). It has been established that general principles, quantitative restrictions, and anti-dumping measures, rather than subsidies, are the most common legal issues in trade disputes on fish products. Technical trade barriers, sanitary and phytosanitary measures, and general national exemptions are also frequent sources of disputes in the fish trade. These measures, designed for safety, health, and environmental reasons, are increasingly used for protectionist purposes by creating trade barriers. The AFS expands the legal framework for resolving trade disputes in the field of fish trade after its ratification. However, this recent international regulation combined with climate change and tightening food standards, is expected to lead to more disputes with developing countries over the fish trade.

Utjecaj globalnih, regionalnih i kontinentalnih međunarodnih trgovinskih organizacija na ekonomiju i razvoj država

International and regional trade organizations have a significant impact on the economy and development of their member countries. Such organizations promote free trade and strengthen trade relationships between members, which can lead to economic growth, improved competitiveness, and job creation. International trade organizations, such as the World Trade Organization (WTO), allow members to resolve trade disputes, protect their trade interests, and strengthen trade rules. This can result in greater stability and predictability in trade relationships between members, ultimately driving economic growth. Regional trade organizations, such as the European Union, North American Free Trade Agreement (NAFTA), or ASEAN, also have a positive impact on the economy and development. They enable members to enter into trade agreements and strengthen trade relationships between members, leading to increased trade exchange and economic growth. However, trade organizations also have negative impacts, such as trade restrictions between members and the strengthening of market dominance by dominant members. It is therefore important to regularly monitor and adjust trade organizations to ensure that their impact on the economy and development is as positive as possible.

Comparison Of Arbitration Dispute Resolution In Business Between Indonesia And United States Of America

AbstractBusiness activities always allow for a dispute between the parties involved. As a result of such disputes the parties always want a quick resolution Delays in resolving trade disputes will result in inefficient economic development, decreased productivity, and otherwise increased production costs. This not only hinders the improvement of health and progress of workers, but also harms consumers. To resolve business disputes, the parties have the freedom to choose what dispute resolution forum to choose. Business disputes that arise may not be left alone, but it is necessary to find an alternative solution appropriately so as not to be prolonged and cause substantial losses. Alternative dispute resolution is not only known in Indonesia but also in other countries, one of which is Indonesia, in this paper the author will discuss about alternative dispute resolution in the field of business between Indonesia and America. Â

THE PRACTICE OF APPLYING WORLD TRADE ORGANIZATION AGREEMENTS IN GRAIN TRADE DISPUTES

This article is devoted to the analysis of the existing practice of applying the Agreements of the World Trade Organization in disputes on trade in grain and products from it and the effectiveness of this organization in resolving such disputes. Having analysed the experience of participation of members of the World Trade Organization as an complainant or respondent in trade disputes over grain and products from it, the article presents a statistical overview for the period 1995-2021. In the course of the work carried out, the main provisions of the Agreements of the World Trade Organization regulating trade in grain and products from it were considered, on which complaints were filed with the Dispute Settlement Body. The study used data from the official website of the WTO and the scientific views of scientists in the field of the mechanism for resolving trade disputes and regulating the grain sector, as well as the norms of the law of the World Trade Organization. The purpose of the article is a legal analysis of the existing practice of grain disputes. The objectives of the article are to study the procedure for resolving grain disputes, to study the experience of the countries participating in grain disputes and their application of the norms of the law of the World Trade Organization, to determine the specifics of such disputes and to identify the effectiveness of the participation of the World Trade Organization in resolving conflicts related to trade in grain and products from it. The study of the practice of applying the Agreements of the World Trade Organization in disputes on trade in grain and products from it will have a positive impact on the development of the grain industry of the Republic of Kazakhstan in the conditions of its membership in this organization. At the same time, as a result of the study, it is assumed that the improvement of the legislation of the Republic of Kazakhstan regulating trade in grain and products from it, taking into account the experience of participating countries of the World Trade Organization in disputes, contributes to stimulating wheat exports.

MARX’S LABOUR THEORY OF VALUE AND TRADE DISPUTES IN NIGERIA

Disputes between labour and capital or workers and their employers is endemic, a phenomenon attributable to their divergent interests in the labour process. This paper investigated the processes involved in the resolution of labour disputes and how labour has generally fared since the institutionalization of trade dispute resolution mechanisms. It was the general aim of this paper to explore the theoretical and historical roots of the incessant and perennial disputes between labour and capital or workers and employers, as well as the feasibility of the various mechanisms that have been put in place for the peaceful settlement of industrial disputes for the purpose of attainment of industrial peace and harmony and enhanced productivity. It found that, for the simple fact that trade interventionist institutions are the creation of the state, which is also a party and therefore implicated in the labour/capital contradiction, it is incapable of standing on a neutral ground to resolve such disputes and ensure lasting industrial peace, particularly in dependent capitalist societies. Marx’s theory of the Fetishism of Commodities served as the theoretical framework for the paper. As a qualitative and historical study data were drawn from secondary sources such as newspapers, journal publications, books, reports and internet sources and subjected to logical content analysis. Conclusively, it drew attention to the fundamental irreconcilability of the parties and irresolubility of trade disputes within the context of a capitalist mode of production owing to the instinct for profit maximization of the capitalist enterprise which inevitably imposes a negative effect on workers’ welfare and interests. Accordingly the paper recommended a more socialized pattern of economic organization that would be more labour-friendly.

PERAN WTO DALAM MENYELESAIKAN SENGKETA PRICE RANGE SYSTEM ANTARA PERU DAN GUATEMALA TAHUN 2013

The World Trade Organization (WTO) is an international organization that facilitates international cooperation in the field of economy and trade. The position of the WTO as an international regime to date certainly has an important influence in the context of a country's national economic progress. In addition, the World Trade Organization has a function to resolve trade disputes experienced by its member states. One of the disputes faced was Peru's price range system on agricultural products that were considered detrimental to Guatemala in the two countries' free trade agreements. This is evidenced by the violation of Article 4.2 by Peru, namely the determination of additional import costs is not allowed in an agreement and is not an ordinary customs duty. Based on the above issues, the authors try to see how the WTO facilitates the implementation of negotiations between the two sides based on the concept of dispute settlement mechanism. Later in obtaining the data source, the author browses news, international trade documents, WTO norms and official statements relating to the topic of this research online. The article found that the WTO established a panel as a mediator to resolve the trade dispute and asserted that Peru had violated international trade norms applicable to the WTO and this was a permanent decision to be exercised by Peru.