RESEARCH PROPOSAL

JURISTIC PERSON

Submitted To – Dr. Manorajan Singh

Submitted By – Bhargavi Mishra

Roll no. – 1524

6th Semester, 3rd Year

INTRODUCTION

This Project gives brief idea about Judiciary in WTO and its independence , Across issue areas
as diverse as trade, the environment, and human rights, the international system has become
increasingly legalized. With permanent legal bodies to oversee and enforce a broad range of
international agreements, understanding how international law is adjudicated and enforced is of
critical importance. Although international courts are rarely immune to state influence, the World
Trade Organization (WTO) is often upheld as strong examples of the triumph of legalization and
independence

The judicial function in the WTO agreement can be exercised only in the case for the settlement
of state-to-state disputes. Its sui generis dispute mechanism has jurisdiction only for cases about
whether one WTO Member’s actions violate WTO law or impair trade benefits Thus, the WTO
Agreement provides no right of action by a Member against an administrative action by the
Organization, one of its subsidiary bodies, or the Director-General. This Project looks at whether
judicial independence exists in the WTO or whether it sets high bar for other judicial institutions
of International Organisation.

AIMS AND OBJECTIVES

The objective of this research project is to –

1. To Know about the Provisions for Dispute settlement in WTO

2. Learn about the WTO judicial hierarchy.
3. To examine the procedure of selection of panels of judges.
4. To critically examine the interdependence of WTO DSB with political influence.

HYPOTHESIS

The dispute settlement process of WTO is independent of Political influence.

RESEARCH METHODOLOGY

This study involves the use of doctrinal method of research. The information will be gleaned
from various books on the subject of Jurisprudence and Legal Rights, articles and published
research works.

TENTATIVE CHAPTERISATION

1. INTRODUCTION
2. DISPUTE SETTLEMENT RESOLUTION: OVERVIEW
3. PARTIES TO DISPUTE SETTLEMENT
4. LIMITATION OF WTO DISPUTE SETTLEMENT RESOLUTION
5. CRTICAL ASSESSEMENT OF INDEPENDENCE AND WORKING OF DISPUTE
SETTLEMENT PROCESS.
6. CONCLUSION AND SUGGESTION

BIBLIOGRAPHY

1. Gregory Shaffer and Ricardo Melendez-Ortiz (eds.), Dispute Settlement at the WTO: The Developing
Country Experience (Cambridge University Press, Cambridge, 2010).

2. M B Rao and Manjula Guru, WTO Dispute Settlement and Developing Countries (LexisNexis, New
Delhi, 2004).

3. Mitsuo Matsushita, Thomas J. Schoenbaum, The World Trade Organization- Law, Practice and Policy
(Oxford University Press, New York, 2nd edn., 2006).

4. Surendra Bhandari, World Trade Organisation and Developing Countries (Deep & DeepPublications Pvt.
Ltd., 2001)