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Recent Trends And Perspectives For Non-State Actor Participation In World Trade Organization Disputes, Ernesto A. Hernandez-Lopez
Recent Trends And Perspectives For Non-State Actor Participation In World Trade Organization Disputes, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
Recent trends in World Trade Organization (WTO) disputes show non-state actors play an increasingly significant role in the resolution of disputes between WTO Members. First, the Appellate Body has interpreted the Right to Seek Information in Article XIII of the Dispute Settlement Understanding (DSU) as permitting non-state actors, particularly non-governmental organizations, to submit amicus curiae briefs in WTO disputes. Second, non-governmental legal counsel has played active roles in recent disputes. Third, private counsel to business interests have played an indirect role in dispute settlement, by assisting in formulation of legal strategy in WTO disputes.
Because the WTO is reviewing the …
Trade In Electronic Commerce Services Under The Wto: The Need To Clearly Classify Electronic Transmissions As Services And Not Tariff-Liable, Ernesto A. Hernandez-Lopez
Trade In Electronic Commerce Services Under The Wto: The Need To Clearly Classify Electronic Transmissions As Services And Not Tariff-Liable, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
Written in 2001, this essay asks: should the World Trade Organization (WTO) classify electronic transmissions as a service, and thus tariff-free under the General Agreement on Trade in Services (GATS), or should the WTO classify electronic transmissions as a good, and thus subject to tariffs under the General Agreement on Trade (GATT)?
First, for the sake of legal certainty, the WTO should take the appropriate steps to definitively classify electronic transmissions as a service and classify them as not tariff liable. Not tariff liable means a good is not subject to custom duties. Electronic transmission refers to "digitalized information transmitted …
Trade In Electronic Commerce Services Under The Wto: The Need To Clearly Classify Electronic Transmissions As Services And Not Tariff-Liable, Ernesto A. Hernandez-Lopez
Trade In Electronic Commerce Services Under The Wto: The Need To Clearly Classify Electronic Transmissions As Services And Not Tariff-Liable, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
Written in 2001, this essay asks: should the World Trade Organization (WTO) classify electronic transmissions as a service, and thus tariff-free under the General Agreement on Trade in Services (GATS), or should the WTO classify electronic transmissions as a good, and thus subject to tariffs under the General Agreement on Trade (GATT)?
First, for the sake of legal certainty, the WTO should take the appropriate steps to definitively classify electronic transmissions as a service and classify them as not tariff liable. Not tariff liable means a good is not subject to custom duties. Electronic transmission refers to "digitalized information transmitted …