...Law WTO Dispute Settlement and the Missing Developing Country Cases: Engaging the Private Sector Chad P. Bown† Brandeis University & The Brookings Institution May 2005 Abstract The poorest WTO member countries almost universally fail to engage as either complainants or interested third parties in formal dispute settlement activity related to their market access interests. This paper focuses on costs of the WTO’s extended litigation process as an explanation for the potential but “missing” developing country engagement. We provide a positive examination of the current system, and we catalogue and analyze a set of proposals encouraging the private sector to provide DSU-specific legal assistance to poor countries. We investigate the role of legal service centres, non-governmental organizations, development organizations, international trade litigators, economists, consumer organizations, and even law schools to provide poor countries with the missing services needed at critical stages of the WTO’s extended litigation process. In the absence of systemic rules reform, the publicprivate partnership model imposes a substantial cooperation burden on such groups as they organize export interests, estimate the size of improved market access payoffs, prioritize across potential cases, engage domestic governments, prepare legal briefs, assist in evidentiary discovery, and pursue the public relations effort required to induce foreign political compliance. JEL No. F13 Keywords: WTO, Dispute...
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...Electronic Arbitration ii Dispute Settlement NOTE The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules. This module has been prepared by Mr. O. Cachard at the request of the United Nations Conference on Trade and Development (UNCTAD). The views and opinions expressed in this module are those of the author and not necessarily those of the United Nations, WTO, WIPO, ICSID, UNCITRAL or the Advisory Centre on WTO Law. The designations employed and the presentation of the material do not imply an expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country, territory, city or areas or of its authorities, or concerning the delimitation of its frontiers or boundaries. In quotations from the official documents and the jurisprudence of international organizations and tribunals countries are designated as reported. The United Nations holds copyright to this document. The course is also available in electronic format on the UNCTAD website (www.unctad.org). Copies may be downloaded free of charge on the understanding that they will be used for teaching or study and not for a commercial purpose. Appropriate acknowledgement of the source is requested. UNCTAD/EDM/Misc.232/Add.20 Copyright © United Nations, 2003 All rights reserved 5.9 Electronic Arbitration iii TABLE OF CONTENTS Note What you will learn 1. Dispute Resolution Methods in Electronic...
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...ABSTRACT This article examines the sensitive topic of conflict management and negotiation as it affects the behaviour of workers and employers within the workplace. In the course of our activities in our various organization, we are all evolved in numerous situations that need to be dealt with through negotiation. As managers in our different capacities, everyday we strive to manage conflicts. We have written this paper to examine conflict and negotiation, the many angles that scholars have looked at them contemporary issues in these topics and how to manage them. THEORETICAL FRAMEWORK Robbins and Judge (2007) defined conflict as the process beginning when Mr. A perceives that Mr. B has negatively affected or is about to negatively affect something that he (Mr. A) cares about. They discussed the conflict potential sources of conflict in the following categories: communication, structure and personal variables. Communication: This refers to conflict arising as a result a communication barrier is where the sender is passing across a message that the receiver cannot effectively decode. This can be a major source of conflict. Structure: This is conflict that arises as a result of the way the organization is structured. This usually happens when the role of Mr. A is naturally antagonistic of the role of Mr. B. Personal variables: This refers to the likelihood of individuals to dislike someone probably because of one characteristic or the other. Personality...
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...The style of conflict management that the distribution center employees are using is a competing style. These distribution center employees are using a low level of cooperativeness and high level of assertiveness. This creates a very hostile environment to work in. Each employee acts in a very selfish and argumentative manner. Both employees didn’t care to accommodate one another. They both felt that they would get their way by strong arming each other. This is clearly not the way employees should go about resolving conflict. It won’t promote a teamwork environment for employees and encourage an “everyman for themselves” attitude. In a dissertation from Nova Southeastern University it states, “Management’s inability to resolve disputes effectively or prevent serious conflicts can be counterproductive” (Lin, 2003, p.12). These arguments that were caused distract employees from their work responsibilities. Overall, this style of conflict management appears to do more harm than...
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...Running Head: COMMUNICATION AND PERSONALITY IN NEGOTIATIONS Negotiations are part of our everyday lives whether we know it or not. A great example is a teenager trying to convince the parents to let him/her use the family car. In that scenario the teenager will have to make great arguments on why that privilege should be granted and in turn the parents might reply with their concerns. In the following paper I will describe one of my negotiations that resulted in the purchase of a used car. The roles of communication and personality in the negotiation will also be analyzed and how they contributed or detracted from the negotiation. COMMUNICATION AND NEGOTIATIONS Prior to diving into my negotiation scenario I would like to stress the importance and the role of communication in a negotiation. “Effective Communication is directly proportional to an effective negotiation (Management Study Guide, 2012).” A negotiation is basically a discussion between two parties in an effort to reach an option or alternative that is feasible for both sides. In turn, an effective discussion is a direct yield of communication. Communication is imperative so that the other person will understand and grasp your thoughts and ideas and be able to make sense of your arguments. It is important to transfer one’s thoughts into a speech by choosing appropriate and selective words that are relevant to the subject being discussed and that will of course exclude fowl words at all...
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...The Nature of Agency within a Business Due to the complexity of a business and the many functions that an owner and/or governing body must handle on a daily basis, it seems quite normal for an employee to be authorized to purchase, order and receive items needed for the business. This vital function allows an individual to act on the owner’s behalf by obtaining supplies and/or merchandise which is needed to supply the company without the continual involvement of the owner. In regards to this paper, the issue that arises is that at what point does an employee become an acting agent of the company, and thus has the authority to make decisions which can affect the business; the example, of course, would be in the case of the Quick Takes fiasco where an employee signed what she believed was a receiving slip but which was in fact a binding legal contract for use of equipment. Acting Agent or Employee with Responsibilities? At the root the problem is whether or not Janet could be considered an acting agent of the company and, as such, can make decisions and/or sign off on binding contractual agreements. As explained in the simulation video by Hal, Janet does have the authority to order and purchase items for the business. Additionally, Janet was also told by Hal to arrange the trial usage of the video editing machine. This statement alone could be construed as giving Janet permission to act on behalf of Quick Takes, regardless of any written document stating this fact. With...
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...Mediator Qualification Law Paper University of Phoenix online COM 470 Mediator Qualification Law Paper The qualifications to be a mediator are different in every state. Individuals who desire to become a mediator must research the laws of the state they wish to do it in. The purpose of this paper is to research the mediator qualification laws in Texas. The first objective it to determine what the Texas laws for becoming a mediator are and explain them. The next objective is to determine if there is a basic all inclusive license or regulation for all mediators or if there are different laws for the different types of mediators. The third objective is to research the qualification requirements for court mediators in Texas. Mediators hold a responsibility to the families they are helping and should have an education to make sure they are providing the highest level of expertise to those families. Texas Laws According to the article ‘How to Become a Certified Mediator in Texas’ by Kathryn Wilson, “Texas has no state mandated requirements for mediator certification or licensing.” When the court appoints a mediator this person usually has to meet the requirements of Texas Civil Practice and Remedies Code Section 154.052. On occasion this code can be waived by the courts and in this case the group called the Texas Mediator Credential Association (TMCA) has defined a set of standards one must meet to be a mediator. This set of standards has different levels based on the individual’s...
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...LOK ADALATS INDIA INDEX 1. Main Issue 2. Introduction 3. Constitutional Mandate of Justice 4. WHAT IS LOK ADALAT? 5. Lok Adalat : Legislative Base 6. Recent Concept of Mobile Lok Adalat: Justice at the Door Step 7. Organizational Set-up of Lok Adalat 8. Jurisdiction of Lok Adalat 9. Award of Lok Adalat 10. Benefits under Lok Adalat 11. Benefits of the Lok Adalat can be well seen in newspaper articles 12. Permanent Lok Adalat 13. Drawbacks of Lok Adalat 14. Lok Adalat – Challenges Ahead… 15. CONCLUSION Main Issue Is Lok-Adalat efficient enough to bring a change in the litigation field of India. Introduction The philosophy of Alternate Dispute Resolution systems is well-stated by Abraham Lincoln: "Discourage litigation; persuade your neighbors to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expenses, cost and time." Justice delayed is justice denied. Lok-Adalat has symbolized a human sensitive forum to provide amicable, speedy, cheap justice by adopting informal procedure and avoiding technicalities. Present Research Paper has attempted the history and development of Lok-Adalat in India. An analysis has been made on potential utility of Lok-Adalat as one of the ADR tools. An exploration has been made about the validity of the award of Lok-Adalat and grounds that keep it open to challenge for its judicial review. Present paper, thus provide a deep insight of Lok-Adalat and its potential utility...
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...Personality Style Considerations in Effective Negotiation James L. Patterson, Ph.D., C.P.M. Associate Professor of Management Western Illinois University – Quad Cities 3561-60th Street Moline, IL 61265-5881 U.S.A. I. Introduction Most buyers and supply managers have been trained in the processes and mechanics of commercial negotiation and have had a significant experience in applying the tools and techniques that they have been taught. However, most commercial negotiators (buyers and suppliers alike) have not been sufficiently trained to identify and take advantage of the innate personality characteristics and tendencies that all humans have. This session will provide insight as to how the different personality styles of negotiators can affect the outcomes and process of a negotiation. Several simple models are discussed that can be used to predict and identify the different personality traits and related negotiating styles for more effective negotiation preparation and execution. It has been estimated that, even though most of us understand the basics of negotiation, 80% of us do not actually like to negotiate. In addition, we often perceive that we are better negotiators than we actually are, i.e., we tend to overestimate our personal effectiveness in achieving our desired outcomes in any given negotiation. Our supplier counterparts usually receive more negotiation training than we do, so they are better prepared and are often more effective. II. Negotiation as an Interactive...
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...Conflict Management Plan MGT/311 December 2, 2012 Nora Navarrete Abstract This paper answers the following questions about conflict management plan. There is a conflict between two employees, James and David that needs to be addressed before forming work teams. The following answers what conflict resolution techniques are the best for this situation and how roadblocks are handled if they occur. There is always going to be conflict in the workplace, but the best solution to conflict is what is best for the business and what makes it successful. 1. Which of the available conflict management strategies is most appropriate for the current situation with David and James? Provide your rationale, including what factors you considered in making your selection. Your response should be at least 100 words. The most appropriate strategy to deal with the current situation with David and James would be the collaborating technique. Since not all the information is known, the best thing to do would get them together with a mediator to let them explain their side of the story. A lot of unknown information could come out in this meeting and explain a lot of things that are going on. James is assuming David was intentionally causing him problems that may not have been intentional and out of David’s control. While collaborating on these issues, the real reason while things were happening...
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...Article Analysis - Peace Talks Organizational Negotiations In negotiations, globalization plays a vital role in the success of any business. As a negotiator it would benefit you to understand the culture and customs of the fellow negotiator in order to have a positive outcome in the negotiation talks. I firmly believe that even though you may not be in the fellow negotiator’s own country, you must still attempt to show you are knowledgeable of their customs. In the article titled Sudan, South Sudan Prepare for Peace Talks two countries are going into negotiations over oil rich lands that cover the geographical boundaries of both countries. These negotiations/ talks need to go over so the there is a positive resolution, otherwise, in this part of the world lives could be lost. In previous times, negotiations or unsuccessful negotiations have led to war leaving over 2 million dead. Globalization in negotiations can benefit both countries to the point where they can co-exist. The problem with these negotiations is that both countries believe in the idea that they need to win and the other needs to lose. They should be more focused on a win-win resolution that involves both countries benefiting from precious, oil-rich lands. (CNN Wire Staff, 2012) In closing, the article here can show you how globalization can benefit negotiators from different countries. By accepting the customs and culture of a fellow negotiator and showing that you value their way of life, you are more...
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...FORMAT FOR NEGOTIATION CLASS CASE ANALYSIS (Note: Information in italics is background information for you as you answer the questions. There is not a need to respond directly to this background information in your analysis.) • What is your BATNA (Best Alternative to a Negotiated Agreement)? o Explain why it is the “best” alternative. What are some other possible alternatives? o How acceptable your BATNA is to you? What are the implications of this acceptability for the way you approach this negotiation? o Remember that the ideal BATNA: ▪ Does not require the negotiation counterpart’s participation or permission. ▪ Is a “sure thing” or very close to it. o Specifically in a case (but not in real life), a BATNA cannot include asking a third party to do something they have not yet done. (The third party is not going to appear in class; therefore, you won’t be able to ask them.) • Does it seem (initially) that one party is more dependent on getting a deal than the other party is? If so, what are the implications of this potential imbalance? • Decide what the relevant issues are that you want to negotiate. o List the issues. (Attempt to avoid one-issue negotiations.) o Set your priorities. (Rank them or group them.) • Choose resistance point(s) and target point(s) for quantitative issues. The resistance points should be based on the BATNA. ...
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...Six Stages of The Mediation Process In mediation, two or more people come together to try to work out a solution to their problem. A neutral third person, called the mediator, is there to help them along. Most mediators have some training in conflict resolution, although the extent of their training varies greatly. Unlike a judge or an arbitrator, the mediator does not take sides or make decisions. The mediator's job is to help the disputants evaluate their goals and options and find their own mutually satisfactory solution. Mediation is forward-looking; the goal is for all parties to work out a solution they can live with and trust. It focuses on solving problems, not uncovering the truth or imposing legal rules. This, of course, is a far different approach than courts take. In court, a judge or jury looks back to determine who was right and who was wrong, then imposes a penalty or award based on its decision. Because the mediator has no authority to impose a decision, nothing will be decided unless both parties agree to it. Knowing that no result can be imposed from above greatly reduces the tension of all parties -- and it also reduces the likelihood that someone will cling to an extreme position. Also, if mediation does not produce an agreement, either side is free to sue. Typically, neighbor-to-neighbor or other personal issues are resolved in a few hours. Negotiations between divorcing couples or small businesses often involve several half-day sessions, spread...
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...How to do with the Conflict Resolution Conflict sometimes results from a clash between different values. One people’s most cherished views about the best way to work and live may differ completely from the values held by another one. Different people may have different standards of right and wrong and give fundamentally different answers to the same questions. Especially in a team, when a group member has different ideas about the question, he or she often stresses the importance of different things, and may develop radically differing or incompatible goals. This can lead to conflict. I ever participated in an environmental protection organization in which all members offer advice to make the environment around better and then take concrete actions and I was elected the leader. Every time we had a discuss, one of my team members always loved telling others who they should be and what they should do and got mad at others when they wouldn’t follow advice, even though her suggestions may not be practical or other people were not ready. As a leader, I had to master the overall situation and find ways that satisfied all members’ interest. Here are a few solutions of mine to deal with conflict in life or work. To effectively find right way to deal with a conflict, people should identify the issue and think through the key facts about the problem firstly. Sometimes this may be complicated because there may be many facets to the situation. People have to be honest with themselves...
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...University of Phoenix Material Negotiation Outcome Matrix |Negotiation Outcome Type |Definition |Associated Negotiation Type |Example | | | |(Distributive bargaining or integrative negotiation) | | |Win–win |Both sides come out winners. For negotiations to |Integrative Negotiation |A car dealership is selling a car for | | |be win-win both parties should feel positive about| |10,000.00. A customer comes in and offers | | |the negotiations once negotiations are over. | |7,000.00. The actual value of the car is | | | | |9,000.00. After negotiating the price both | | | | |sides meet in the middle and both sides | | ...
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