List of Articles سازمان جهانی تجارت

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  1 - WTO jurisdiction and human rights
  Vahid Bozorgt Amir Houshang Fathizadeh
  The aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s More

  The aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s disputes in terms of the rights and obligations provided in WTO agreements and it does not have the capacity to examine those disputes which fall under the jurisdiction of other systems of law such as human rights However, despite this fragmentation and separation between WTO law and human rights law, the DSB may make use of the relevant rules of International law, including human rights law, to clarify the provisions of WTO agreements. Manuscript profile
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  F. Piltan
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  3 - The Content and Territorial Extent of Moral Exception in the World Trade Organization
  وحید Bozorgi A.H Fathizadeh
  The aim of this article is to determine the content and territorial extent of moral exception in the World Trade Organization. To this end, the author has explored pre-GATT commercial treaties and countries' legislation and practice, GATT adjudication, and WTO Members' More

  The aim of this article is to determine the content and territorial extent of moral exception in the World Trade Organization. To this end, the author has explored pre-GATT commercial treaties and countries' legislation and practice, GATT adjudication, and WTO Members' policies or practice and reached two conclusions: first, countries may restrict trade in goods and services as well as intellectual property rights in order to protect public morals and the content of these public morals can vary in time and place; second, for the time being, a conclusive judgement as to territorial extent of moral exception can not be drawn from the existing precedent and evidence. Therefore, further clarification of the content and territorial extent of moral exception in the WTO is to await subsequent WTO adjudication and practice Manuscript profile
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  4 - Consequences of JoiningWTO in Iranian Food Industry
  H. Vazifehdoust B. Safavi B. Ahmadi
  Globalization and sustainable development are of most important economic issues of any country that will not be successfully handled without adequate foreign exchange supply and improvement of domestic production (especially in advantageous industries). F More

  Globalization and sustainable development are of most important economic issues of any country that will not be successfully handled without adequate foreign exchange supply and improvement of domestic production (especially in advantageous industries). Food industries are one of significant advantageous industries of Iran and enjoy many production advantageous including plenty of economical raw materials, excess and trained human resources, etc. the main question of the current research investigates the positive and negative consequences of Iran’s joining to WTO on domestic food industries (Azarbayjan Sharghi as the sample). All of active companies in food production and export in the province of Azarbayjan Sharghi with 50 or more employees have been chosen as the statistical sample. Using questionnaires, the information is gathered from the highest person in charge for marketing, financial, administrative and supervisory functions. The results suggest that the Iran’s join to WTO will lead to bankruptcy of traditional and small food producers in short and medium time due to competitive incompetencies in sales price, quality, etc. However, regarding potentials of the country (Azarbayjan Sharghi, in specific) in food industries, if mechanized production systems are employed and word-level quality, packaging and standards be considered, the domestic industry can compete internationally. Manuscript profile
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  5 - Evaluating the WTO Dispute Resolution System from the Perspective of Developing Countries
  Gholamreza Saffari Taheri
  10.30495/jisds.2007.21298
  Introduction: In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main cha More

  Introduction: In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main challenges and place developing countries in We have analyzed its evolution and evolution.Research Method: The correlation between the situation of developing and developed countries has been studied through documentary and survey methods using documents in the field of research and statistics published by the World Trade Organization.Findings: The dispute resolution system, as the most valuable asset of the new international trade system, plays an important role in enforcing the regulations and fulfilling the obligations of this organization. This system, with its automated procedures and the ability to prescribe trade reciprocal measures as punishment, provides a unique mechanism by which member states can demand full implementation of negotiated trade concessions.Discussion and Conclusion: Despite the significant benefits provided to "developing countries", many of these countries have not had adequate participation and benefit. In recent years, the presence of developing countries in this system has become more prominent, but still developed countries have a significantly greater presence and benefit from it. Lack of a coherent economic system and costly limited legal capacity and lack of financial resources, lack of information and insufficient experience of developing countries; Strong economies and the influence of developed countries are among the reasons for this.litigation, Manuscript profile
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  6 - Evaluating the WTO Dispute Resolution System from the Perspective of Developing Countries
  Heybatullah Nejandi Manesh Gholamreza Saffari Taheri
  In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main challenges and pl More

  In this article, while examining this system in the form of GAT and WTO and explaining its role and impact on the organization's interaction with other international law regimes, considering the development factor of member countries, identify its main challenges and place developing countries in We have analyzed its evolution and evolution. The correlation between the situation of developing and developed countries has been studied through documentary and survey methods using documents in the field of research and statistics published by the World Trade Organization. The dispute resolution system, as the most valuable asset of the new international trade system, plays an important role in enforcing the regulations and fulfilling the obligations of this organization. This system, with its automated procedures and the ability to prescribe trade reciprocal measures as punishment, provides a unique mechanism by which member states can demand full implementation of negotiated trade concessions. Despite the significant benefits provided to "developing countries", many of these countries have not had adequate participation and benefit. In recent years, the presence of developing countries in this system has become more prominent, but still developed countries have a significantly greater presence and benefit from it. Lack of a coherent economic system and costly limited legal capacity and lack of financial resources, lack of information and insufficient experience of developing countries; Strong economies and the influence of developed countries are among the reasons for this litigation Manuscript profile
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  7 - The Precautionary Principle and the WTO SPS Agreement
  abbasali kadkhodaee Asma Salari
  Public health and environmental issues are really important and deserve to attract proportionate attention from the world trade organization whereas risks on them (both certain and uncertain) may cause to irreble and irreversible effects on people and the environment. More

  Public health and environmental issues are really important and deserve to attract proportionate attention from the world trade organization whereas risks on them (both certain and uncertain) may cause to irreble and irreversible effects on people and the environment. Despite the world trade organization resistance to any kind of Protective measures, member states have frequently based their sanitary and phytosanitary measures on the precautionary Principle, an enivironmental principle of international law and have invoked it several times in their disputes before Dispute Settlement Body of the organization. These Attempts have led the panels and appellate bodies to declare that Article 5.7 of sanitary and phytosanitary agreement as a reflection of the precautionary principle in the world trade organization system. Considering the importance of abovementioned Article of the SPS, this paper will try to clarify theoretical and practical aspects of it . it was done on the descriptive-analytical methodology with the help of the available library source and recognized Article 5.7 as a reflection of the PP in the SPS agreement and it is applicable in DSB especially after issuing the appellate body report in the Continued Suspension Case. Manuscript profile
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  8 - Analogy in the Jurisprudence of World Trade Organization: Its Applicability & Inclusion
  Heidar Piri wrya hafidi
  10.22034/ijrj.2023.1962370.4227
  Despite some differences, analogy accepted as one of the flexible and practical method in inference of religious laws among most Islamic schools and its origin goes back to the origin of jurisprudence itself. Analogy is not limited to Islamic jurisprudential-legal syste More

  Despite some differences, analogy accepted as one of the flexible and practical method in inference of religious laws among most Islamic schools and its origin goes back to the origin of jurisprudence itself. Analogy is not limited to Islamic jurisprudential-legal system and has been recognized in other legal systems, including the international law system. Analogical reasoning has been used repeatedly in the World Trade Organization Dispute Settlement Body (the DSB Panels and the Appellate Body) on different occasions. Although the DSB Panels and the Appellate body has been silent, in most cases, about resorting to analogy; it could be argued that analogy plays an important role in the reports of the Panels and the Appellate body, as a means of filling gaps, eliminating the ambiguity and brevity in the WTO agreements, as well as identifying the sources of international law.This paper analyzes the role of analogy in the judicial procedure and agreements of the WTO. The practice of the WTO clearly shows that in determining the meaning of the provisions of treaties, the scope of a right or obligation, clarifying the content of the rules and its effective role in the interpretation process, the Panels and the appellate body resort to analogical reasoning as a rational solution or a criterion. In addition, by analogy, the WTO legal system typically ensures the coherence and predictability of the Panels and the Appellate body reports,which are vital for any judicial mechanism and reinforce an understanding of the legality and fairness of the system Manuscript profile
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  9 - موافقت نامه قواعد مبدأ سازمان جهانی تجارت
  شیما جعفرمحمدی مهرزاد کیانی
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  10 - شیوه عملی ﺣﻞ و ﻓﺼﻞ اﺧﺘﻼﻓﺎت در ﺳﺎزﻣﺎن ﺗﺠﺎرت ﺟﻬﺎﻧﻰ بر محور روش ﺷﺒﻪ ﻗـﻀﺎﻳﻰ DSu
  فاطمه صفری علی پورقصاب امیری علیرضا جهانگیری
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  11 - تاثیر عضویت در سازمان جهانی تجارت برعملکرد بیمه‌های زندگی در کشورهای در حال توسعه
  علیرضا دقیقی اصلی محمد رضا میرزایی نژاد سعیده سادات مظهری موسوی
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