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Article
Publication date: 12 January 2004

Elimma C. Ezeani

World Trade Organisation Judges, that is those who sit on the Panels and Appellate Body of the World Trade Organisation (WTO) Dispute Settlement Body (DSB), have been increasingly…

180

Abstract

World Trade Organisation Judges, that is those who sit on the Panels and Appellate Body of the World Trade Organisation (WTO) Dispute Settlement Body (DSB), have been increasingly dogged by criticisms of “judicial activism” in their decisions. Legal jurisprudence invites consideration of this issue. First, for the sake of academic examination, to question the viability of cloaking with compulsory jurisdiction, a dispute settlement body faced with the task of resolving matters which hinge on questions of national economic sovereignty. Second, for a practical assessment and review of this attempt by national representatives gathered under the political umbrella of a trade‐negotiating organisation to replicate the judicial style dispute settlement process of modern legal systems. The problems giving rise to threats of “judicial activism” are broadly two‐fold: (a) the increased complexities in trade disputes, and (b) the procedural teething worries of a still‐evolving judicial dispute organ. This paper examines these factors.

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Journal of International Trade Law and Policy, vol. 3 no. 2
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 22 June 2010

Elimma C Ezeani

229

Abstract

Details

Journal of International Trade Law and Policy, vol. 9 no. 2
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 21 June 2011

Elimma C. Ezeani

The purpose of this paper is to examine the critical issue of legal interpretation on the “development question” as they arise before WTO panels and Appellate Body, in view of the…

715

Abstract

Purpose

The purpose of this paper is to examine the critical issue of legal interpretation on the “development question” as they arise before WTO panels and Appellate Body, in view of the benefits inherent in a more‐rounded consideration of the development needs and concerns of WTO developing country Member States.

Design/methodology/approach

The introduction sets out the background to the challenges of developing countries in utilising the dispute settlement process effectively and using existing support. By analysing relevant cases, Section 2 analyses the “development question” and how it has been so far considered in legal interpretation. Section 3 addresses WTO jurisprudence on development, examining situations wherein “development” arises in the course of WTO dispute settlement. An examination as to how this aspect of WTO jurisprudence may be revisited including the potential aid of trade policy review mechanisms, and procedures for enforcement is then undertaken. It concludes on the position that the WTO judicial review process can work better by providing the much‐needed balance between binding global trade rules and the domestic progress of its developing country membership at the level of dispute settlement.

Findings

This paper establishes the importance of recognising and addressing the fact that core challenges and concerns facing developing countries can and should be factored into the legal interpretation of issues in dispute settlement.

Originality/value

A decisive enquiry into WTO development jurisprudence, this paper addresses developing country capacity to pursue the legal opportunities promised by the WTO dispute settlement mechanism, and how this can be redressed.

Details

Journal of International Trade Law and Policy, vol. 10 no. 2
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 16 October 2018

Elimma Ezeani

This paper aims to investigate the challenges faced by Nigerian university graduates youths, in finding suitable employment or in embarking on entrepreneurship ventures.

746

Abstract

Purpose

This paper aims to investigate the challenges faced by Nigerian university graduates youths, in finding suitable employment or in embarking on entrepreneurship ventures.

Design/methodology/approach

The research investigates the barriers to graduate employment and entrepreneurship in Nigeria starting from the hypothesis that there are other factors besides scarcity of jobs responsible for unemployment in Nigeria. Data from two qualitative research activities were analysed and the results tested, to determine the extent to which the research findings supported the initial hypothesis.

Findings

The findings confirm the researcher’s hypothesis that there are a number of factors, the two main ones being poor government policy and investment in education and low skills and technical incompetence of graduates, which constitute barriers to employment and entrepreneurship in Nigeria.

Practical implications

The findings are clear on the urgency to revisit the Nigerian education and skills curricula and its capacity to facilitate employment and entrepreneurship, and government policy-making in this regard.

Originality/value

This study bases its recommendations for addressing Nigeria’s high graduate unemployment on empirical direct engagement with the primary stakeholder, that is, the Nigerian graduate. It clearly identifies that it is not merely scarcity of jobs but a myriad of factors requiring the urgent attention of both public and private sectors that constitute barriers to graduate employment and entrepreneurship in Nigeria.

Details

Journal of Entrepreneurship in Emerging Economies, vol. 10 no. 3
Type: Research Article
ISSN: 2053-4604

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Article
Publication date: 1 April 2018

Elimma Ezeani

This paper aims to examine the relevance of the theory of comparative advantage in the present realities of a world undergoing de-globalisation, that is, a retreat from closer…

4793

Abstract

Purpose

This paper aims to examine the relevance of the theory of comparative advantage in the present realities of a world undergoing de-globalisation, that is, a retreat from closer integration.

Design/methodology/approach

This paper presents eight arguments that analyse the theory as posited by Adam Smith and David Ricardo and that theory remains the underpinnings for trade liberalisation as regulated by the World Trade Organisation (WTO).

Findings

The arguments do not contend with the role and achievements of the WTO in the era of globalisation. Rather, these call for an acknowledgement of the changing realities of countries in the face of changes in the political, economic and legal landscapes, across the globe.

Originality/value

This is an original submission by the author.

Details

Journal of International Trade Law and Policy, vol. 17 no. 1/2
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 6 September 2013

Elimma Ezeani

At its inception, the Doha Round offered the hope of a more inclusive World Trade Organisation (WTO); one where developing countries in particular envisioned would allow them the…

2722

Abstract

Purpose

At its inception, the Doha Round offered the hope of a more inclusive World Trade Organisation (WTO); one where developing countries in particular envisioned would allow them the policy space to enable their socio‐economic advancement even as they carried out their obligations as Member States of the rules‐based international trade system. While the rewards of this novel development round are awaited, WTO Member States are making a marked shift away from the foundation principles of multilateralism on non‐discriminatory treatment, and pursuing independent trade deals outside the rules. An emerging acceptance of this shift comes with an idea that countries can converge after divergence – that alternatives to multilateralism can still yield agreements that will operate in a multilateral rules‐based framework, post Doha. To this end, this article reviews the challenges facing the Doha negotiations as it pertains to developing country concerns and the shortcomings of the existing development framework. It critically examines the issues arising from the stalemate of the Doha negotiations and the efforts of the international trading system to continue engaging in trade in the face of globalisation, increasing unemployment, decreased wages and living standards in the backdrop of a global recession. It examines the emerging convergence theory which recognises departures from the uniform trading arrangements under multilateralism, without recognising this as a tacit acceptance of a return to protectionism with its consequences. The paper aims to discuss these issues.

Design/methodology/approach

Reference is made to primary and secondary research material on the subject including WTO rules and agreements.

Findings

The article finds that the stalemate in this Doha Round reveals more than just dissatisfaction between Member States on the nature and scope of the rules that must guide their global trading activities. It reveals the fragility of rules and the potential inefficacy of a system that attempts to regulate nebulous activity – trade in the face of divergent needs and concerns.

Research limitations/implications

The research is library/desk based.

Originality/value

This work is an original contribution and is not under consideration elsewhere.

Details

Journal of International Trade Law and Policy, vol. 12 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

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