A Post Wto International Legal Order

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A Post-WTO International Legal Order

Author : Meredith Kolsky Lewis
Publisher :
ISBN 13 : 9783030454296
Total Pages : 291 pages
Book Rating : 4.4/5 (542 download)

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Book Synopsis A Post-WTO International Legal Order by : Meredith Kolsky Lewis

Download or read book A Post-WTO International Legal Order written by Meredith Kolsky Lewis and published by . This book was released on 2020 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudence, effective collapse of the DSB); or (b) Falls apart completely. While neither is desirable, the book underlines that it must be conceded that neither is inconceivable. The collapse of the Soviet Union tells us that anything is possible (in 1986 no one foresaw the end of the Cold War - clearly it was a much more significant event than would be the case for the demise of the WTO and the current international economic legal order (IELO)). Similarly, just a year or two before Brexit or the election of US President Donald Trump, no one foresaw those two eventualities. Consequently, a worst-case scenario for the future of the WTO cannot be ignored - rather, it must be explored, as has been done in this book. Indeed, despite most IEL academics' commitment to multilateralism and specifically to a vibrant and dynamic WTO, academics in the field are now beginning to seriously discuss what a post-WTO world could look like (and it was the project behind this book that first launched those discussions). Accordingly, this examination of the post-WTO world will be of great value to practitioners, governmental and international officials and scholars in the IELO. This is particularly so in an era of increasingly rapid change, during which legal scholarship must also address the future if it wants to contribute creative solutions to the resolution and management of the many serious contemporary problems facing our field.

A Post-WTO International Legal Order

Author : Meredith Kolsky Lewis
Publisher : Springer Nature
ISBN 13 : 3030454282
Total Pages : 296 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis A Post-WTO International Legal Order by : Meredith Kolsky Lewis

Download or read book A Post-WTO International Legal Order written by Meredith Kolsky Lewis and published by Springer Nature. This book was released on 2020-06-16 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudence, effective collapse of the DSB); or (b) Falls apart completely. While neither is desirable, the book underlines that it must be conceded that neither is inconceivable. The collapse of the Soviet Union tells us that anything is possible (in 1986 no one foresaw the end of the Cold War - clearly it was a much more significant event than would be the case for the demise of the WTO and the current international economic legal order (IELO)). Similarly, just a year or two before Brexit or the election of US President Donald Trump, no one foresaw those two eventualities. Consequently, a worst-case scenario for the future of the WTO cannot be ignored – rather, it must be explored, as has been done in this book. Indeed, despite most IEL academics’ commitment to multilateralism and specifically to a vibrant and dynamic WTO, academics in the field are now beginning to seriously discuss what a post-WTO world could look like (and it was the project behind this book that first launched those discussions). Accordingly, this examination of the post-WTO world will be of great value to practitioners, governmental and international officials and scholars in the IELO. This is particularly so in an era of increasingly rapid change, during which legal scholarship must also address the future if it wants to contribute creative solutions to the resolution and management of the many serious contemporary problems facing our field.

The World Trade Organization

Author : Mitsuo Matsushita
Publisher : Oxford University Press
ISBN 13 : 0199571856
Total Pages : 942 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The World Trade Organization by : Mitsuo Matsushita

Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.

Practical Aspects of WTO Litigation

Author : Marco Tulio Molina Tejeda
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041185976
Total Pages : 661 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Practical Aspects of WTO Litigation by : Marco Tulio Molina Tejeda

Download or read book Practical Aspects of WTO Litigation written by Marco Tulio Molina Tejeda and published by Kluwer Law International B.V.. This book was released on 2020-07-08 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.

The European Union's Shaping of the International Legal Order

Author : Dimitry Kochenov
Publisher : Cambridge University Press
ISBN 13 : 1107512395
Total Pages : 399 pages
Book Rating : 4.1/5 (75 download)

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Book Synopsis The European Union's Shaping of the International Legal Order by : Dimitry Kochenov

Download or read book The European Union's Shaping of the International Legal Order written by Dimitry Kochenov and published by Cambridge University Press. This book was released on 2013-11-14 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union undoubtedly plays an important role in the formation of international law. This takes place through a number of avenues ranging from the simple existence of this supranational legal order within the sphere of international law to the actual influencing of international legal order. With contributions by leading scholars, this collection of essays constructs and analyses a new and stimulating approach in which the European Union is perceived as an active co-creator of the international legal order on a variety of planes. Providing concrete examples of the European Union's approach to the international legal order in different policy fields, this book will be a key reference point for a new active paradigm of EU external relations law.

Transnational Legal Orders

Author : Terence C. Halliday
Publisher : Cambridge University Press
ISBN 13 : 1107069920
Total Pages : 559 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Transnational Legal Orders by : Terence C. Halliday

Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

WTO Trade Remedies in International Law

Author : Roberto Soprano
Publisher : Routledge
ISBN 13 : 1351747673
Total Pages : 162 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis WTO Trade Remedies in International Law by : Roberto Soprano

Download or read book WTO Trade Remedies in International Law written by Roberto Soprano and published by Routledge. This book was released on 2018-07-24 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.

International Institutional Law

Author : Henry G. Schermers
Publisher : BRILL
ISBN 13 : 9004187979
Total Pages : 1309 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Institutional Law by : Henry G. Schermers

Download or read book International Institutional Law written by Henry G. Schermers and published by BRILL. This book was released on 2011-09-05 with total page 1309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

The Oxford Handbook of Legal Studies

Author : Peter Cane
Publisher : Oxford University Press, USA
ISBN 13 : 9780199248179
Total Pages : 1071 pages
Book Rating : 4.2/5 (481 download)

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Book Synopsis The Oxford Handbook of Legal Studies by : Peter Cane

Download or read book The Oxford Handbook of Legal Studies written by Peter Cane and published by Oxford University Press, USA. This book was released on 2005 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

The Development of World Trade Organization Law

Author : Gregory Messenger
Publisher : Oxford University Press
ISBN 13 : 019871646X
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Development of World Trade Organization Law by : Gregory Messenger

Download or read book The Development of World Trade Organization Law written by Gregory Messenger and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the pillars of economic globalisation, the WTO is at the heart of a complex network of rules and institutions. This volume analyses WTO law in light of the influence of globalised actors, identifying causal language as an indispensible component in understanding the development of WTO law.

The WTO as a Legal System

Author : N. David Palmeter
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)

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Book Synopsis The WTO as a Legal System by : N. David Palmeter

Download or read book The WTO as a Legal System written by N. David Palmeter and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Emerging Powers and the World Trading System

Author : Gregory Shaffer
Publisher : Cambridge University Press
ISBN 13 : 1108495192
Total Pages : 345 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Emerging Powers and the World Trading System by : Gregory Shaffer

Download or read book Emerging Powers and the World Trading System written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2021-07-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

Between Law and Diplomacy

Author : Joseph Conti
Publisher : Stanford University Press
ISBN 13 : 0804777381
Total Pages : 264 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Between Law and Diplomacy by : Joseph Conti

Download or read book Between Law and Diplomacy written by Joseph Conti and published by Stanford University Press. This book was released on 2010-12-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between Law and Diplomacy crafts an insider's look at international trade disputes at one of the most important institutions in the global economy—the World Trade Organization. The WTO regulates the global rules for trade, and—unique among international organizations—it provides a legalized process for litigation between countries over trade grievances. Drawing on interviews with trade lawyers, ambassadors, trade delegations, and trade jurists, this book details how trade has become increasingly legalized and the implications of that for power relations between rich and poor countries. Joseph Conti looks closely at who uses the system to initiate and pursue disputes, who settles and on what terms, and the relative disconnect between pursuing a dispute and what a country gains through efforts to gain compliance with WTO dictates. Through this inside look at the process of disputing, Conti provides fresh perspective on how and why the law authorizes the use of specific resources and tactics in the ever unfolding struggle for control in the global economy.

The Law and Policy of the World Trade Organization

Author : Peter Van den Bossche
Publisher : Cambridge University Press
ISBN 13 : 9781139445559
Total Pages : 784 pages
Book Rating : 4.4/5 (455 download)

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Book Synopsis The Law and Policy of the World Trade Organization by : Peter Van den Bossche

Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2005-06-10 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.

International Trade Law

Author : Joost H.B. Pauwelyn
Publisher : Aspen Publishing
ISBN 13 : 1454877472
Total Pages : 948 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis International Trade Law by : Joost H.B. Pauwelyn

Download or read book International Trade Law written by Joost H.B. Pauwelyn and published by Aspen Publishing. This book was released on 2016-05-22 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of leading scholar/practitioners including a former Appellate Body member, PhD economist and former WTO Secretariat Lawyer, International Trade Law covers all aspects of WTO law. Appropriate for a two- to three-hour international trade course, the third edition covers trade in goods, services, and intellectual property, in 22 succinct chapters of around 30 pages, carefully excerpting leading cases, providing basic introductions, probing questions and real life problems. This book balances positive and normative perspectives, mixing legal texts and panel/Appellate Body decisions with analysis of economic and policy challenges faced by the international trading system. The Third Edition has been updated to include recent political and economic events, issues and policy debates, and supplements new developments in case law with additional questions and a revised Teacher’s Manual. Hallmark features of International Trade Law: • Prepared by three leading WTO scholars – providing a balanced international and methodological perspective • Up-to-date, discriminating case selection presents both classic cases and recent doctrine • Contextualizes international trade issues with insights into key economic factors at work • Key WTO cases are edited and presented to illustrate and teach central concepts and doctrine • Illuminating introductory and explanatory material throughout • Helpful summaries of key teaching points are included in each chapter • Well-crafted questions stimulate class discussion on policy issues • Manageable length for two- and three-credit courses • Adaptable to graduate-level courses in international trade • Comprehensive Teachers Manual with answers to questions as well as teaching suggestions, tips, and supplementary material appropriate for class discussion • Complemented by a thorough and up-to-date documents supplement The Third Edition has been revised to include: • Third author added: Jennifer Hillman, former member of the WTO Appellate Body and the US International Trade Commission, now Professor at Georgetown Law • Major revision of trade remedy chapters (dumping, subsidies, safeguards) with new hands-on practical problems • Completely revised chapter on technical barriers to trade (TBT) taking account of new jurisprudence post-2012 (US – Clove Cigarettes, US - Tuna II, US – COOL, EC – Seal) • New text on post-2008 trade collapse, global value chains • Updated statistics on WTO dispute settlement, free trade agreements, developing countries • Discussion of 2015 US Trade Promotion Authority, mega-regionals including TPP and TTIP, 2014 Trade Facilitation Agreement • Includes summaries of new, major cases such as Canada – Feed-in Tariff, EC – Seal, Peru – Agricultural Products, China – Rare Earths

The Role of the Judge in International Trade Regulation

Author : Thomas Cottier
Publisher : University of Michigan Press
ISBN 13 : 047202499X
Total Pages : 377 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Role of the Judge in International Trade Regulation by : Thomas Cottier

Download or read book The Role of the Judge in International Trade Regulation written by Thomas Cottier and published by University of Michigan Press. This book was released on 2009-12-22 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.

Technical Barriers to Trade in “New Generation” RTAs and in the WTO Agreements

Author : Iulianna Romanchyshyna
Publisher : Springer Nature
ISBN 13 : 303125791X
Total Pages : 197 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Technical Barriers to Trade in “New Generation” RTAs and in the WTO Agreements by : Iulianna Romanchyshyna

Download or read book Technical Barriers to Trade in “New Generation” RTAs and in the WTO Agreements written by Iulianna Romanchyshyna and published by Springer Nature. This book was released on 2023-03-08 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interplay between cooperation on technical barriers to trade (TBT) in free trade agreements and the multilateral framework of the World Trade Organization. In recent years, TBT, especially differences in standards, have attracted increased interest and have been addressed as part of the WTO+ negotiated agenda in trade agreements. Because of a number of political and legal constraints, the process of further cooperation at the WTO have been stalled, which made free trade agreements a central pillar in setting the agenda of international trade governance. This leads us to rethinking the interrelation between the WTO and free trade agreements and to questioning the role of both fora in the future of trade. The book examines some TBT provisions in free trade agreements and highlights their positive and problematic aspects when it comes to the WTO-consistency and the ideas of open and inclusive trade. It also suggests that a more optimal way forward would be to increase parallel work on TBT cooperation at the WTO, a more inclusive forum that could address issues of global significance, such as environmental protection and regulation of digital goods. The book explores the potential for trade agreements to advance the WTO agenda, but notes that the organization would need to adapt its institutional structure and governance in order to do so. Drawing on the example of the EU and US so-called “new generation” trade agreements, the book provides a detailed analysis of the various methods used to navigate TBT cooperation, and offers insight into how these agreements can serve as inspiration for future multilateral disciplines. This book is a valuable resource for trade law academics, policymakers, and anyone interested in the intersection of technical barriers to trade, regional trade agreements, and the WTO.