2 essays

WTO Dispute Settlement System

Strengths and Weaknesses

a ) Introduction

In this essay I will explore and provide an in-depth analysis of the present World Trade Organization Dispute Settlement System . I 'm going to evaluate critically its strengths and weaknesses . I 've consulted a number of authoritative sources , but I will try to defend my own standpoint on the problem

Dispute Settlement Understanding (hereinafter DSU ) is the key legal text that contains the rules and principles for settling disputes in the organization . Dispute Settlement Body (hereinafter DSB ) consists of all

WTO members and has powers to establish panels of experts and to monitor the implementation of the rulings and recommendations

DSU serves for important reasons including ensuring respect of rights and obligations deriving from WTO agreements and resolving trade disputes among WTO members

Recently , Doha Development Round negotiations were initiated in to improve and clarify the provisions of WTO Dispute Settlement System , so we see that the system requires improvements . Now let me concentrate on major strengths and weaknesses of the WTO Dispute Settlement System

b ) Strengths

The debate about the need to improve DSU has been launched several years ago . Still , we must admit that the current Dispute Settlement System has a significant number of considerable strengths and advantages

The International Chamber of Commerce notes with satisfaction that the WTO DSU has efficiently resolved the vast majority of complaints brought in its first seven years of existence ( ICC proposals for improvements to the WTO Dispute Settlement Understanding , HYPERLINK "http /www .iccwbo .org /home /statements_rules /statements /2003 /wto_dispute _settlement .asp http /www .iccwbo .org /home /statements_rules /statements /2003 /wto_dispute_ settlement .asp ) The ICC further stresses the importance of this system as a market-opening tool ' with the ultimate goal of preservation of the rights and obligations of members ' The same ICC states that one of the strengths of the WTO dispute settlement system is its contribution to the security and predictability of the multilateral trading system ( ICC proposals

DSU is based on the principles of the rule of law and maximum transparency possible . The official WTO site draws our attention to the fact of crucial importance : the WTO 's procedure underscores the rule of law , and it makes the trading system more secure and predictable ( Understanding the WTO : Settling Disputes - A unique contribution http /www .wto .org /english /thewto_e /whatis_e /tif_e /disp1_e .htm

The system is based on the GATT renewed by Uruguay Round agreement , so it has history and legitimacy

Panel process is clear and transparent with flexible stage . DSU aims at settling disputes by mutual agreement , and the WTO official website reminds that consultation and mediation are still always possible ( Understanding the WTO

c ) Weaknesses

The major concern about the efficiency and fair nature of DSU is associated with the status of developing countries . Such countries are considered to get fewer benefits from the existing Dispute Settlement System . The majority of complains during the years of WTO functioning have been coming from the less developed regions

The authors of the Development , Trade , and the WTO : A Handbook explore this issue

Although the DSU is not biased against any party in a dispute developing countries are less well equipped to participate in the process : they have fewer people with the appropriate training , they are less experienced , and they can bring fewer financial resources to bear ( HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Hoekman 2520Bernard 2520M /889512 " Hoekman HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Mattoo 2520Aaditya /889512 " Mattoo HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor English 2520Philip /889512 " English 2002 : 79

The Dispute Settlement System is not fast enough . The full panel process with appeal lasts 1 year 3 months . Important cases may be stuck in the consultation phase for a long period of time some of them are being settled out since the mid-90s . Flexible perceived as positive phenomenon

Another concern is associated with the implementation of the decision made by DSB . HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Ortino 2520Federico /889512 " Federico Ortino and HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Petersmann 2520Ernst-Ulrich /889512 " Ernst-Ulrich Petersmann , experts in international economic law , in their analysis of WTO Dispute Settlement System during the years 1995-2003 state the following

The main weakness of the system was the excessive length of time that a Member could maintain a measure which had been bound to the WTO-inconsistent without any consequences ( HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Ortino 2520Federico /889512 " Ortino HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Petersmann 2520Ernst-Ulrich /889512 " Petersmann 2004 : 143

There 's a need to make Dispute Settlement System more open and transparent . More effective and mobile exchange of information will ensure democratic nature of dispute settling more documentation should be made available to the interested party and general public

Listening to the recommendation provided by business is helpful for developing efficient system of dispute settling

d ) Conclusion

I would conclude this stating that current WTO DSU has functioned successfully for a long period due to a number strengths and advantages But keeping in mind the economic globalization and the changing geopolitical situation , there is a clear and consistent need for further enhancement of the system . Improve DSU the light of gained experience via individual cases was the ultimate intention of the WTO members

References

HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Ortino 2520Federico /889512 " Ortino , F HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Petersmann 2520Ernst-Ulrich /889512 " Petersmann , E 2004 . The WTO Dispute Settlement System 1995-2003 , HYPERLINK "http /www .kluwerlawonline .com /static .php ?type aboutus page aboutkli Kluwer Law International

HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Hoekman 2520Bernard 2520M /889512 " Hoekman , B .M HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Mattoo 2520Aaditya /889512 " Mattoo , A , HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor English 2520Philip /889512 " English ,

. 2002 Development , Trade , and the WTO : A Handbook , World Bank Office of the Publisher

World Trade Organization . Understanding the WTO : Settling Disputes - A unique contribution

HYPERLINK "http /www .wto .org /english /thewto_e /whatis_e /tif_e /disp1_e .htm (Last accessed http /www .wto .org /english /thewto_e /whatis_e /tif_e /disp1_e .htm (Last accessed : 8 Oct . 2004

International Chamber of Commerce , 2003 . ICC proposals for improvements to the WTO Dispute Settlement Understanding , Document 103 /235 rev 2 final EN

HYPERLINK "http /www .iccwbo .org /home /statements_rules /statements /2003 /wto_dispute _settlement .asp http /www .iccwbo .org /home /statements_rules /statements /2003 /wto_dispute_ settlement .asp

(Last accessed : 8 Oct . 2004

Business ethics

a ) Creation of a hypothetical business case

In this essay I 'm going to analyze and critically evaluate the following thesis "Business Ethics is simply the application of general ethical approaches and principles within the context of particular business concerns and situations

This viewpoint is nowadays shared by many researchers and business leaders as they use all the diversity of ethical approaches in analyzing business situations

I will utilize the experimental approach to the problem . First of all let me present a hypothetical business case I 'm going to scrutinize . The case construction followed the requirement of involving ethical dilemma .Mr .Johnson is a CEO of a newly created but perspective company . His niece , Ms .Johnson , a young university graduate asked to help her with employment . Mr .Johnson offered her a good position in the sales department . After a month of work the girl proved to be unqualified for this position . The chief manager of the sales department Mr .Creativeson , understands that his department can 't function properly due to the numerous mistakes of the young employee Mr .Johnson realizes the whole company is on the verge of crisis . Mr .Creativeson is secretly in love with Ms .Johnson . Mr .Johnson suspects that the girl is responsible for the crisis in the company but can 't test the qualification of the girl because she 's the daughter of his friend Mr .Johnson asks her informally whether she feels herself in the right place . The young lady also comprehends that she doesn 't fit the position but she 's afraid to lose the job

b ) Discussion and application of Utilitarianism

Let me start with analyzing the case from the viewpoint of Utilitarianism . Wikipedia , the online encyclopedia , gives the following definition of the Utilitarian ethics

This ethic states that the rightness of an action entirely depends on the value of its consequences , and that the usefulness can be rationally estimated , as opposed to .the intentions behind it , the social acceptability , or the historical /religious principles of ethics that might disagree (Wikipedia , HYPERLINK "http /en .wikipedia .org /wiki /Utilitarian_ethics http /en .wikipedia .org /wiki /Utilitarian_ethics ) As the matter of fact this ethical system , would in fact consist of one rule only , the act-utilitarian one : `maximize probable benefit ( HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Smart 2C 252520J 252520J 252520C /889512 " Smart HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Williams 2C 252520Bernard /889512 " Williams 1973 12

If we analyze the situation from this ethical perspective , we 'll see that the actions of the characters are quite foreseeable

Mr .Creativeson , concerned about his reputation and the reputation of the whole sales department , should go to the CEO and insist on firing the unqualified employee . He should be interested in maximum benefit for himself neglecting his own feeling and the unpleasant situation of his secret crush

Mr .Johnson , concerned with the destiny of the company , should test his niece , disregarding the fact they are relatives . The situation doesn 't necessarily imply firing utilitarian approach suggests many practical solutions , for instance , sending the girl to a series of corporate trainings

Ms .Johnson , worried about the place in a fast-growing company , should use all the methods , either business or personal , to remain in the position . She might use lies or intrigues to save her job

c ) Discussion and application of Deontology

Now I would like to analyse the case from the perspective of Deontological ethics . Wikipedia defines Deontology in the following way : In moral philosophy , deontology is the view that morality either forbids or permits actions . For example , a deontological moral theory might hold that lying is wrong , even if it produces good consequences (Wikipedia , HYPERLINK "http /en .wikipedia .org /wiki /Deontology http /en .wikipedia .org /wiki /Deontology

Deontological ethics is widely used in everyday situation and often equate with the term ethics ' for the reason that , the imperative of self-reliance or non-parasitism also connects with the "deontological side of our ordinary moral thinking - with our obligations to keep promises , not to be deceptive , to tell the truth , etc ( HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Darwall 2C 252520Stephen /889512 " Darwall 2002 :212

Under the deontological ethics , Ms .Johnson faces the greatest challenge She should be honest and admit that she isn 't qualified enough for the job

Mr .Creativeson , if asked by Mr .Johnson , should also tell the truth about the low performance of the lady , although he might be unwilling to do so due to his personal feelings . But here the need to tell the truth comes from the inner principles of the person , not from the desire to get greater benefits

The situation of Mr .Johnson is not very different from the previous one Wikipedia states thar , under deontology , individuals are bound by constraints (such as the requirement not to kill ) but are also given options (such as the right not to give money to charity , if they do not wish to (Wikipedia ) The CEO has an option of refusing the place to her niece if that doesn 't starve her to death

d ) Conclusion

We can see that different theoretical ethical approaches can be used in the process of analysing a practical business case . I completely agree with Maxwell , the author of There 's No Such Thing As `Business Ethics : There 's Only One Rule For Making Decisions , who states that the first universal guideline for ethics is a standard to person can find (Maxwell 2003 :23

It 's a rare situation when a person guides with a specific set of theoretical ethical principles . Business ethics is flexible and is a combination of a significant number of different approaches

References

HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Smart 2C 252520J 252520J 252520C /889512 " Smart J . J . C , HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Williams 2C 252520Bernard /889512 " Williams , B 1973 . Utilitarianism : For and Against . Cambridge University Press

HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Darwall 2C 252520Stephen /889512 " Darwall , S . 2002 Virtue Ethics . Blackwell Publishers

HYPERLINK "http /www .amazon .com /exec /obidos /search-handle-url /index books field-a uthor Maxwell 2C 252520John 252520C /889512 " Maxwell J .C . 2003 . There 's No Such Thing As "Business " Ethics : There 's Only One Rule For Making Decisions . Warner Faith

Wikipedia , Utilitarian ethics , HYPERLINK "http /en .wikipedia .org /wiki /Utilitarian_ethics http /en .wikipedia .org /wiki /Utilitarian_ethics , Deontology HYPERLINK "http /en .wikipedia .org /wiki /Deontology http /en .wikipedia .org /wiki /Deontology (Last accessed : 8 Oct . 2004...