Why Adjudicate?

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400842514
Total Pages : 345 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Why Adjudicate? by : Christina L. Davis

Download or read book Why Adjudicate? written by Christina L. Davis and published by Princeton University Press. This book was released on 2012-05-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.

Enforcing World Trade Rules

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Author :
Publisher : Cameron May
ISBN 13 : 1905017405
Total Pages : 339 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis Enforcing World Trade Rules by : William J. Davey

Download or read book Enforcing World Trade Rules written by William J. Davey and published by Cameron May. This book was released on 2006 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt:

U.S. Trade Policy

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Author :
Publisher : Routledge
ISBN 13 : 1317453174
Total Pages : 249 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis U.S. Trade Policy by : William A. Lovett

Download or read book U.S. Trade Policy written by William A. Lovett and published by Routledge. This book was released on 2015-02-24 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lovett (Tulane Law School), Eckes (a former commissioner of the U.S. International Commission during the Reagan and Bush I administrations), and Brinkman (international economics, Portland State U.) evaluate the evolution of U.S. trade policy, focusing on the period from the establishment of the Gen

Tariff Retaliation Versus Financial Compensation in the Enforcement of International Trade Agreements

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Author :
Publisher : World Bank Publications
ISBN 13 : 0060324163
Total Pages : 33 pages
Book Rating : 4.0/5 (63 download)

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Book Synopsis Tariff Retaliation Versus Financial Compensation in the Enforcement of International Trade Agreements by : Nuno Limão

Download or read book Tariff Retaliation Versus Financial Compensation in the Enforcement of International Trade Agreements written by Nuno Limão and published by World Bank Publications. This book was released on 2006 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The authors analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. They show that monetary fines are more efficient than tariffs in terms of granting compensation to injured parties when there are violations in equilibrium. However, fines suffer from an enforcement problem since they must be paid by the violating country. If fines must ultimately be supported by the threat of retaliatory tariffs, they fail to yield a more cooperative outcome than the current system. The authors also consider the use of bonds as a means of settling disputes. If bonds can be posted with a third party, they do not have to be supported by retaliatory tariffs and can improve the negotiating position of countries that are too small to threaten tariff retaliation. "--World Bank web site.

The Path of World Trade Law in the 21st Century

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Author :
Publisher : World Scientific
ISBN 13 : 9814513253
Total Pages : 797 pages
Book Rating : 4.8/5 (145 download)

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Book Synopsis The Path of World Trade Law in the 21st Century by : Steve Charnovitz

Download or read book The Path of World Trade Law in the 21st Century written by Steve Charnovitz and published by World Scientific. This book was released on 2014-11-07 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?

Understanding the WTO

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Author :
Publisher : World Trade Organization
ISBN 13 : 9287034958
Total Pages : 116 pages
Book Rating : 4.2/5 (87 download)

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Book Synopsis Understanding the WTO by :

Download or read book Understanding the WTO written by and published by World Trade Organization. This book was released on 2008 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade Policy Flexibility and Enforcement in the World Trade Organization

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521761204
Total Pages : 379 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Trade Policy Flexibility and Enforcement in the World Trade Organization by : Simon Arnd Benedikt Schropp

Download or read book Trade Policy Flexibility and Enforcement in the World Trade Organization written by Simon Arnd Benedikt Schropp and published by Cambridge University Press. This book was released on 2009 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct." "This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable." --Book Jacket.

The World Trade Organization

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Author :
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.

The World Trade Organization

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Author :
Publisher : St. Martin's Press
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The World Trade Organization by : Asif Hasan Qureshi

Download or read book The World Trade Organization written by Asif Hasan Qureshi and published by St. Martin's Press. This book was released on 1996 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization, set up at the conclusion of the Uruguay Round of Trade Negotiations, forms the new pillar of the international trading system. This book explains the legal framework established by the WTO, and explores how it can be made to w

Intellectual Property and International Trade: The TRIPS Agreement

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166580
Total Pages : 586 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property and International Trade: The TRIPS Agreement by : Carlos M. Correa

Download or read book Intellectual Property and International Trade: The TRIPS Agreement written by Carlos M. Correa and published by Kluwer Law International B.V.. This book was released on 2016-06-27 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

WTO - World Economic Order, World Trade Law

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Author :
Publisher : BRILL
ISBN 13 : 904741733X
Total Pages : 312 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis WTO - World Economic Order, World Trade Law by : Peter-Tobias Stoll

Download or read book WTO - World Economic Order, World Trade Law written by Peter-Tobias Stoll and published by BRILL. This book was released on 2006-03-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the institutional system, the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structures and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.

Developing Countries and Enforcement of Trade Agreements

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (931 download)

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Book Synopsis Developing Countries and Enforcement of Trade Agreements by : Chad P. Bown

Download or read book Developing Countries and Enforcement of Trade Agreements written by Chad P. Bown and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Poor countries are rarely challenged in formal World Trade Organization trade disputes for failing to live up to commitments, reducing the benefits of their participation in international trade agreements. This paper examines the political-economic causes of the failure to challenge poor countries, and discusses the static and dynamic costs and externality implications of this failure. Given the weak incentives to enforce World Trade Organization rules and disciplines against small and poor members, bolstering the transparency function of the World Trade Organization is important for making trade agreements more relevant to trade constituencies in developing countries. Although the paper focuses on the World Trade Organization system, the arguments also apply to reciprocal North-South trade agreements.

Most-favoured-nation Treatment

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Author :
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Most-favoured-nation Treatment by : United Nations Conference on Trade and Development

Download or read book Most-favoured-nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

Antitrust Enforcement Guidelines for International Operations

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Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Antitrust Enforcement Guidelines for International Operations by : United States. Department of Justice

Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Enforcing International Law

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Author :
Publisher : Routledge
ISBN 13 : 1317143493
Total Pages : 258 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Enforcing International Law by : Math Noortmann

Download or read book Enforcing International Law written by Math Noortmann and published by Routledge. This book was released on 2016-04-29 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, the fundamental link between two basic concepts in international law, namely the right to self-help and the obligation to settle disputes by peaceful means, has been neglected in doctrine and practice. The main issue is that international law traditionally recognizes the right of states to safeguard their own rights by resorting to countermeasures as well as the obligation to settle their disputes by accepted and recognized diplomatic and judicial procedures. Both concepts are based on their own merits, which are assumed to be valid in contemporary international law. It is the primary purpose of this study to determine which rules and principles govern the relationship between the two concepts. The book's major findings arise from an analysis of scholarly work, supported by examples from five different case studies. Drawing insights from legal as well as political science, it will be a valuable resource for students, academics and policy makers in international law, international relations and related areas.

The Laws Behind International Trade

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Author :
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Laws Behind International Trade by : Aspatore Books

Download or read book The Laws Behind International Trade written by Aspatore Books and published by . This book was released on 2006 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Laws Behind International Trade is an authoritative, insider's perspective on the legal and business issues companies confront while importing and exporting goods. Featuring department heads, group chairs, and leading partners representing some of the nation's top firms, this book provides a broad, yet comprehensive overview of this highly-regulated practice area. From representing multi-national clients on import and export enforcement actions to counseling clients through structuring a plan for complete compliance, this text covers the ins and outs of international trade. The different niches presented and the myriad of appendices including sample agreements and orders, enable readers to get inside some of the great legal minds of today, as experts offer up their thoughts around the keys to success.