An Evaluation of the Dispute Settlement System in the World Trade Organization (Published)
The main goal of the World Trade Organization (WTO) upon its founding was to guarantee the unhindered and unrestricted flow of goods and services. The Dispute Settlement System, which guarantees prompt resolution of disputes, is the foundation of the WTO. The purpose of this study was to examine how the WTO’s Dispute Settlement Body resolves trade disputes. This study explicitly looked at the WTO Dispute Settlement System, identifying its goals and determining whether it facilitates the realization of these goals. The study also assessed the types of disputes that fall under the purview of the WTO Dispute System Body. The research used the doctrinal research approach to accomplish this aim. In the World Trade Organization, trade disputes often occur when a member state or states adopt a measure or measures that the WTO deems to be at odds with the commitments outlined in the WTO agreements. Realizing the practical significance of the member states’ obligations requires the prompt and organized settlement of trade disputes. Thus, the study outlined some of the difficulties DSB is facing as well as future directions. These include, among other things, the protracted dispute resolution procedure, the appellate body dilemma, the lack of transparency, and the handling of new trade issues. The study suggested that the system be made more open and visible to the general public as a result. Additionally, the system has to select panelists who are qualified to handle the cases that are brought before panels due to their increasingly complicated substance.
Keywords: Dispute, Settlement, Trade Dispute, World Trade Organization
Academic Staff Union of Universities (ASUU) – Federal Government of Nigeria (FGN) Trade disputes and the advancement of University Education in South-South, Nigeria (Published)
The study examines ASUU-Federal Government trade disputes and the advancement of university education in Nigeria, a study of Universities in South South Nigeria; University of Port Harcourt, Delta state university and Niger Delta University, 2010-2022. Universities Nigeria has at various times experienced disruption in their academic calendar due to industrial disputes between FGN-ASUU, state government-ASUU or university management. But the goals of tertiary education are fundamental to the building of a productive society, through the ground work for excellence expertise, research and release technological breakthrough, but universities education have suffered setbacks from strikes, leading to loss of man hours in teaching and learning. Scholars have contended that trade disputes have tremendously affected the fabrics of the university system and the productivity of the Nigerian economy. Others have argued that trade unions have become veritable tools and important agents of quality education and socio-economic transformation. It is based on this that the study investigates ASUU/FGN disputes in Universities. The study is be guided by three main objectives. First to identify the causes of the protracted trade disputes between FGN-ASUU, secondly, to evaluate the positive effects of disputes on the advancement on infrastructural development and the third to examine the effect on quality education. To achieve the objectives, the study employs the Hegelian Dialectics theory as its explaining framework for analysis. Data from primary sources generated from questionnaires and was complemented with focus group discussion for this study. The responses from the field work through questionnaire are presented in simple frequency distribution, tables and the quantitative data are analyzed using SPSS statistical tool. The findings show and ascertain that industrial disputes between FGN-ASUU is a blessing in Nigeria Universities’ as result of establishment of Tetfund and the massive infrastructural advancement and others for qualitative education. The recommend among others government must budgetary allocation to 26% bench mark and abide by the agreements signed with ASUU
Keywords: Academic Staff, Craig’s theory, Federal government, Trade Dispute, Trade Union, industrial dispute, university advancement
Bangladesh-India Lead Acid Battery Case: Importance of WTO’s Dispute Settlement Mechanism and Lesson for LDCs (Published)
Bangladesh-India trade dispute over India’s imposition of anti-dumping duty on Bangladesh’s lead acid battery export is a significant event in the history of World Trade Organization’s (WTO) dispute settlement mechanism. After 10 years of WTO’s establishment, this was the first instance when a least developed country (LDC) challenged a much stronger economy at the highest level of trade related international legal process. After the beginning of the legal proceedings, India’s decision to go back to negation table to find a mutually agreed solution and subsequent termination of anti-dumping duty proves that the process is important for making the big economies follow the norms and laws of international trade. In addition, the very existence of such mechanism acts as a deterrent against arbitrary enactment of unfair, unlawful and unilateral trade measures. Finally, this is a milestone for other LDCs to overcome the psychological barrier of standing up against stronger economies and claim their fair rights in international trade regime.
Keywords: Bangladesh, India, LDC, Trade Dispute, WTO, dispute settlement mechanism