World Trade Organisation Law Essay Example | Topics and Well Written Essays - 2000 words

World Trade Organisation Law - Essay Example Since 1947, many General Agreement on Tariffs and Trade (GATT) panel reports proposed that "the burden of establishing a violation under Article XXIII: 1(a) of the GATT 1947 was on the complaining party"2. "As early as 1952, in Treatment by Germany of Imports of Sardines, concerning a complaint by Norway, the panel clearly put the burden of establishing a violation of the GATT 1947 obligations at issue on the complaining party."3 Many other panel reports followed to confirm this proposition. In 1978, in EEC - Measures on Animal Feed Proteins, the 1992 report in Canada - Import, Distribution and Sale of Certain Alcoholic Drinks by Provincial Marketing Agencies and the 1994 report in United States - Measures Affecting the Importation, Internal Sale and Use of Tobacco. Nevertheless, it is the 1997 panel report United States - Measures Affecting Imports of Woven Wool Shirts and Blouses from India which under the GATT 1994 constitutes the reference in the Burden of Proof issue and confirm ed that it is the complainant who should bring the proper pieces of evidence in order to prove his complaint. We will try in the following essay to explain the different rules that guide the admission, submitting and admissibility of evidence, and we will focus on the current system of Burden of Proof by analyz... Subsequently, and still at the same meeting, the party against which the complaint has been brought shall be asked to present its point of view."4 In the idea of the complainant having to show Burden of Proof, it is his duty to present the necessary evidence to prove his case. The complainant is the first party invited to do so and then the other party, the respondent, will have the possibility to present its own evidence. The evidences are usually presented at the first substantive meeting in order to build the case. This is the usual conduct of the dispute settlement procedure. Nevertheless, in Understanding on Rules and Procedures Governing the Settlement of Disputes5, we are presented the Argentina - Textiles and Apparel dispute where Argentina has argued in his appeal that evidence should not have been accepted after this first substantive meeting and that it was inconsistent with Article 11 of the DSU. Argentina requested the evidence to be rejected but the Panel replied that it gave sufficient time to Argentina in order to prepare for this new submission. It finally stated: Article11 of the DSU does not establish time limits for the submission of evidence to a panel. Article12.1 of the DSU directs a panel to follow the Working Procedures set out in Appendix 3 of the DSU, but at the same time authorizes a panel to do otherwise after consulting the parties to the dispute. The Working Procedures in Appendix 3 also do not establish precise deadlines for the presentation of evidence by a party to the dispute. It is true that the Working Procedures 'do not prohibit' submission of additional evidence after the first

Development Strategies for Customer Relationship Management Case Study

Development Strategies for Customer Relationship Management - Case Study Example The identification of needs and behavior helps an enterprise to develop appropriate strategies that would strengthen relationships with customers. Customer Relationship Management is important because it helps businesses to survive in the market. Today's market condition requires businesses to fulfill customer needs' and not what the business thinks satisfies their needs. Thus, customer relationship management enables a firm to optimize profits through a customer-focused strategy and environment (White Papers). However, establishing long-lasting relationships with customers is not easy and requires meticulous planning, as a lot of finance is involved. Customer Relationship Management is approached in several ways, but we will consider three of the most common: Operational, Analytical, and Collaborative (Alexandrou, Marios). Operational Customer Relationship Management is when front office processes which are directly linked to customers are changed in a way that facilitates the relationship. For instance, sales staffs which are directly involved with the customer would be given proper sales training to handle sales. Training would focus on issues such as how to protect and further the enterprise's image, and how to best handle and resolve customer inquiries and questions. On the other hand, analytical customer relationship management approach is the back office work, which is associated with analyzing data and creating marketing strategies accordingly. For example, month to month changes i n sales data would be analyzed to prepare an appropriate market strategy, which would both be economical and reach the intended audience. Finally, the collaborative approach combines the operational and analytical approach. It is a way that facilitates interactions with customers through all channels (personal, letter, fax, phone, web, email) and supports the coordination of employees teams and channels. It is a solution that brings people, processes, and data together so companies can better serve and retain their customers. In today's shifting and unpredictable business climate, corporations need to constantly adapt to different situations and make customers happy. On paper, most companies satisfy their customers, but in reality, very few companies are doing what customers like. According to infoquestcrm.co.uk, customer satisfaction surveys get a 70-75% average rating (Infoquest). The customers giving an average rating are most likely to check out on competition in the market befo re coming back to buy a product. Therefore, a company needs to satisfy the customer totally. "Studies have shown that a totally satisfied customer is as much as ten times more likely to buy again than a customer who is mere 'somewhat satisfied'"(Infoquest). Hence, a totally satisfied customer would be loyal and come back without an eye to check for competition in the market. A business whether small or large needs to build a customer-centric strategy in order to survive and dig in the big rewards.