关键词:
Conflict management
Trademarks (International law)
International trade
Internet domain names
International agencies
摘要:
International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied to studies of General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO) dispute settlement. GATT/WTO knowledge regarding international trade law has thickened through multilateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is increasingly questioned by disenchanted members and by outside critics who believe the organization to be undemocratic in process and unfair in outcome. However the WTO's efficiency with respect to quasi-judicial dispute settlement procedure is perhaps a model for emulation by other multilateral institutions. Likewise, World Intellectual Property Organization (WIPO) knowledge regarding trademark law is deep and relevant to Internet-domain-name-dispute settlement. Knowledge, legitimacy, and efficiency account for the rapid increase in the number of users of WIPO Internet domain name arbitration.