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Dispute Resolution and Arbitration

Journal

Treaties

1997

Articles 1 - 2 of 2

Full-Text Articles in Law

Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia Jan 1997

Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia

Michigan Journal of International Law

This Article examines certain theoretical and structural issues to be resolved in creation of the FTAA's governing institutions, and proposes an outline for these institutions, drawing upon regime theory's analysis of international organizations, the range of existing trade institutions found among the hemisphere's RTAs, and indications of the Summit countries' present goals and interests. The Article begins by summarizing Kenneth Abbott and Duncan Snidal's concept of "mesoinstitutions," a new regime theory tool for identifying the roles played and benefits conferred by 1Os in international relations. Parts I.B and I.C then apply mesoinstitutions theory to the primary governance mechanisms of the …


Of Substantial Interest: Third Parties Under Gatt, Chi Carmody Jan 1997

Of Substantial Interest: Third Parties Under Gatt, Chi Carmody

Michigan Journal of International Law

This article's examination of the status of third parties under GATT is important for several reasons, one of which is the proliferation of third party participation as demonstrated by Bananas III. A second reason for its importance is that there has been little written about third parties under GATT. This neglect stands in sharp contrast to ample literature on the related subject of greater public participation in the WTO. The oversight could be a function of GATT dispute resolution, which did not always enjoy the level of public attention it garners today. Until recently the GATT system handled no …