of the current era is characterized by expansion of regional trade agreements around the world. In light of the slow progress to conclude Doha round of World Trade Organization (WTO), an avalanche of bilateral and regional free trade agreements will be fulfilled in a vacuum.
Arab countries embarked on an ambitious continental integration efforts designed to meet their developmental ciljeve.Načela Gulf Arab economy, their economic integration focus, the same as for any regional integration: combining the resources of the constituent members in an effort to achieve economies of scale, comparative benefits, and development. Arab countries have had several years of sub-continental regional agreements. However, the Cooperation Council for the Arab Gulf States (GCC) is generally considered a success if its incarnation as a free trade area, customs union, common market and are concerned. The outcome is still GCC drama takes place integration.
GCC was established in May 1981.GCC consists of six members: (1) United Arab Emirates, (2) Bahrain (3) Saudi Arabia (4) Oman, (5) Kuwait, and (6) Qatar. Structurally, the GCC is helped along by the fact that a manageable number of states and high levels razvoja.Zemlje GCC have a large and prosperous market economy. Involvement in the process of economic integration among countries with similar economic and development needs in order to make the process easier because there is a wide economic gap exists between these countries. All in all GCC members share a common identity already exists and cohesion.
signing of the Charter of the GCC intended closer economic relations between the GCC states članica.Cilj to promote cooperation in all areas of economic activity in order to increase and maintain economic stability, strengthening of closer relations among its members, and contributes to the advancement and development of the region Zaljeva.Drugih basic documents that established the GCC, its main organization, and enforcement proceedings by the Supreme Council Rules of Procedure, the Council of Ministers of the Rules of Procedure, the Commission on dispute Resolution Procedure.
Structure of the GCC shall be composed of the Supreme Council, the Council of Ministers, the Secretariat and the Commission to resolve disputes. These persons have the authority to establish any sub-agencies when necessary.
Supreme Council of the GCC's most powerful institutions. This is the head of the structure of GCC upravljanja.Vrhovno Council consists of the head of every Member State. Its presidency rotates among member states in alphabetical redu.Vrhovno Council meets annually and the validity of any of its meetings depends on the presence of two thirds of the Member States.
The Supreme Council is the main legislative body authorizes the GCC and other GCC companies to implement their decisions in pursuit of its mandate to achieve the objectives of the GCC. For example, the Supreme Council has the authority to amend the Charter. Moreover, the Supreme Council reviews issues of concern to member states, establishing policies for senior GCC, reviews recommendations and reports submitted to the Council of Ministers for approval, reviews reports prepared secretary approves the basis for dealing with other countries and international organizations, appoints members of the Commission for dispute resolution , appointed Secretary.
vote of the Supreme Council decides whether or not a specific solution that will be adopted and thus become binding on member states. The Supreme Council, each member has one vote glas.Povelja divided into two types, tangible things and procedural matters. On the one hand, material things must be approved by consensus. In other words, a particular decision is adopted if every member state does not veto this odluku.Razlog to share things in the substantive and procedural points to the fact that the stakes are high with material matters, as he admitted new members of the GCC, the changes and amendments to the GCC Charter and the appointment of Secretary and as such are subject to consensus decision-making.
The Council of Ministers is composed of the Ministers of Foreign Affairs of Member States or certain other ministers. In other words, the delegates from the respective ministries can participate, depending on the number of the ruci.Vijeće Ministers convenes regular meetings every three months, but may also convene extraordinary meetings on call one of the Member States. As the Supreme Council, the Council of Ministers meetings are considered valid if attended by two thirds of the Member States.
powers of the Council of Ministers are more detailed than those of the Supreme Council. These powers include proposing policies, preparing recommendations, studies and projects aimed at developing cooperation and coordination between Member States in different areas, trying to encourage, develop and coordinate activities that exist between Member States in all areas, the development of existing cooperation between Member States' industries and Chamber of Commerce, and to encourage the movement of workers who are nationals of member states within the GCC, and review questions to him the Supreme Council. in addition, in terms of power, the Council of Ministers can actually make their own decisions, but in other cases it may be subject to ultimate approval.
Voting in the Council of Ministers was addressed in both the Charter and the Ministerial Council Rules of Procedure. As the Supreme Council, each member of the Council of Ministers shall have one vote. Again, both the agreement to share the voting into two categories, tangible things and procedural matters. As the voting rules for the Supreme Council, decisions on substantive matters must be approved unanimously and the decision on procedural matters must be approved by a majority. . However, unlike the voting rules of the Supreme Council, the Council of Ministers of the Rules of Procedure specifically provides authority to address issues of substantive and procedural.
The Secretariat shall comprise a Secretary-General and other necessary assistants and staff. The Secretary-General should be a citizen of the GCC and appointed by the Council for a period of three years, which may once obnoviti.Broj professional civil servants who work in the GCC Secretariat remains unclear. However, one predicts that the Secretariat is composed of all trade economists and trade lawyers.
One of the most important aspect of the GCC management structure of the body to settle disputes and processes. . For example, the dispute settlement body may declare an act of imposing customs duties, to calm the domestic industry, the imports of the GCC member is valid if the act was inconsistent with the obligation to eliminate tariffs and other barriers to the GCC agreement. If the body for resolving disputes is seen as independent and able to establish its power, it will cause confidence in the system integration. In North America Free Trade Area (NAFTA) integration, for example, boards played an important role in the strengthening of a free trgovine.Obvezujuće NAFTA panel decisions have helped clarify the current regulations and policies of the Member States, and they set aside those that do not comply with the obligation of trade liberalization.
GCC Charter establishes the Commission for Dispute Resolution (Commission). The Commission is composed of at least three nationals of Member States. Panelists of the Commission are appointed full-time or permanent, but are selected on an ad hoc basis. As currently manufactured, the Charter does not provide any guidelines for the selection of panelists Commission in terms of their qualifications, age, or years of expertise in the field of commercial law, politics, economics or any domestic or international level. In addition, the Charter does not indicate whether the Commission's panelists are expected to work in state capacity or neutral.
The Commission has jurisdiction to consider questions of him by the Supreme Council in respect of disputes between member states, as well as disputes over the interpretation and application of the Charter. Therefore, Member States may file a petition before the Commission alleging the failure of another Member State to fulfill obligations under the Charter, and in these matters the Commission has the original nadležnosti.Nadležnosti Commission may also extend to the review of decisions or actions of the Supreme Council or the Council of Ministers for consistency with the Charter. However, the ability of the Commission to hear disputes between the member states dependent on discretionary consensus "referral" by the Supreme Council. Moreover, neither the Charter nor the Rules of Procedure of the Commission have any provision for individual access, directly or otherwise, to the Commission.
The second issue that the Charter is silent on situations in which the action or the domestic law of certain Member States - and not contrary to the GCC agreement - albeit unintentionally conflict with or invalidate the purpose of the contract. In any case, the final authority of the Commission is a topic for future scrutiny and certainly a strong argument can be made for the adoption of these concepts at some point in the future.
As for the recommendations and opinions issued by the Commission Rules of Procedure of the Commission of four guidelines for such referrals. First, recommendations or opinions shall be in accordance with the Charter, international laws and practices, and principles of Islamic Sharia. Secondly, the Commission, while with respect to any dispute, before issuing a final recommendation, may request the Supreme Council to take interim measures which are called circumstances. Third, the Commission should justify its recommendation specifying the grounds on which they are based. Finally, if no opinion is adopted unanimously, dissenting members have the right to take their allocated mišljenje.Komisije task is considered to be completed after submitting its recommendations or opinions of the Supreme Council.
of the Charter and Rules of Procedure of the Commission shall not include any language in the appellate review process. Charter and Rules of Procedure do not discuss the scope of "appellate review" in terms of factual issues, legal substances, or the rules and the nature of their actions. In other words, there is no framework for appellate review of the Rules of Procedure of the Commission.
Model Rules should be developed to determine the number of panelists, their qualifications, expertise, nationality, and compensation. Model rules of procedure may include policies, practices and procedures to receive initial and rebuttal written submissions, both oral hearing will be conducted before the board, and mandatory time limits for each step. Dispute settlement should call for increased transparency in the process, especially the panel to open the hearing to the public. In relation to the presentation of confidential business information in the panel, parts of any dispute hearings dealing with such sensitive information should not be open to the public.