قواعد تسوية المنازعات التجارية في اطار منظمة التجارة العالمية وانعكاساتها على السودان

Abstract

ABSTRACT The WTO's rules - the agreements - are the result of negotiations between the members. The current set was the outcome of the 1986-94 Uruguay Round Negotiations which included a major revision on Tariff and Trade. GATT is now the WTO's principal rule-book for trade in goods. The (UR) also created new rules for dealing with trade in the services, relevant aspects of intellectual property, dispute settlement, and trade policy reviews. Through these agreements, WTO members operate a non-discriminatory trading system that spells out their obligations. Each country receives guarantees that its exports will be treated fairly and consistently in other countries' markets. Each promises to do the same for imports into its own market. The system also gives developing countries some flexibility in implementing their commitment. The WTO's procedure for resolving trade disputes under the Dispute Settlement Understanding is vital for ensuring that trade flows smoothly. Countries bring dispute to the WTO ifthey think their rights under the agreements are being infringed. Judgements by especially-appointed experts are based on interpretations of the agreement and individual countries' commitments. The system encourages countries to settle their differences through consultation. Failing that, they" can follow a carefully mapped out, stageby- stage procedure that includes the possibility of ruling by a panel of experts, and the chance to appeal the ruling on legal grounds. In this study, the researcher has investigated the Dispute Settlement System in the WTO through the interpretation and analysis of the legal texts which it includes as well as comparing it to previous systems. The researcher studied cases of disputes presented to the WTO on which settlement rules had been applied; in addition to the examination of whether the system was effective enough in the settlement of disputes or not; and the hindrances that face it in the process of the practical application. The study has focused on how the Developing and the Least Developing Countries benefited from this system and to what extent it contributed to the observation of the rights of these countries. The researcher concluded that the system of Dispute Settlement in WTO represents an advanced stage compared to the previous systems. However, it needs periodical evaluation so as to address the shortcomings resulting from the practical experimentation. Furthermore, the Developing and the Least Developing Countries have to work hard to restructure their infrastructures and to develop their human resources in order to be able to benefit from the Dispute Settlement System.