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Author : Claus Dieter Kernig
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.:/5 (258 download)
Download or read book Foreign Trade Law - Judicial System written by Claus Dieter Kernig and published by . This book was released on 1972 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Patrick C. Reed
Publisher :
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.F/5 ( download)
Download or read book The Role of Federal Courts in U.S. Customs & International Trade Law written by Patrick C. Reed and published by . This book was released on 1997 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides for a clear understanding of the issues, in customs, tariff, antidumping and countervailing duty laws, as well as laws providing for embargoes, quantitative restrictions on imports, and adjustments to import competition. The text begins with the historical evolution of judicial review in import law. The current functioning of the CIT (Court of International Trade) and CAFC (Court of Appeals for the Federal Circuit) are examined in detail, as reflected in the legal doctrines of administrative law involved in the judicial review of government agencies. Topics addressed include jurisdiction, standing, sovereign immunity, exhaustion of administrative remedies, and preclusion of review. It also includes a discussion of the possible changes in the existing institutional framework for customs and international trade litigation, including possible expansions in the jurisdiction of the CIT.
Download or read book Marxism, Communism and Western Society written by and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William A. Lovett
Publisher : Routledge
ISBN 13 : 1317453166
Total Pages : 259 pages
Book Rating : 4.3/5 (174 download)
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 259 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
Author : N. David Palmeter
Publisher : Cameron May
ISBN 13 : 1874698341
Total Pages : 371 pages
Book Rating : 4.8/5 (746 download)
Download or read book The WTO as a Legal System written by N. David Palmeter and published by Cameron May. This book was released on 2003 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stavros Brekoulakis
Publisher : Cambridge University Press
ISBN 13 : 1316519252
Total Pages : 591 pages
Book Rating : 4.3/5 (165 download)
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Author : Ernst-Ulrich Petersmann
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041109330
Total Pages : 368 pages
Book Rating : 4.1/5 (93 download)
Download or read book The Gatt/Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and published by Martinus Nijhoff Publishers. This book was released on 1997-02-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
Author : Hercules Booysen
Publisher : Interlegal cc
ISBN 13 : 0958418152
Total Pages : 925 pages
Book Rating : 4.9/5 (584 download)
Download or read book Principles of International Trade Law as a Monistic System written by Hercules Booysen and published by Interlegal cc. This book was released on 2003 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas Cottier
Publisher : University of Michigan Press
ISBN 13 : 047202499X
Total Pages : 377 pages
Book Rating : 4.4/5 (72 download)
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.
Author : Yenkong Ngangjoh Hodu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142088
Total Pages : 232 pages
Book Rating : 4.0/5 (411 download)
Download or read book Theories and Practices of Compliance with WTO Law written by Yenkong Ngangjoh Hodu and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.
Author : Isaac Unah
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Courts of International Trade written by Isaac Unah and published by . This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the Court of International Trade to illuminate the important role of specialized courts in critical areas of law
Author : Pitman B. Potter
Publisher : UBC Press
ISBN 13 : 0774819065
Total Pages : 321 pages
Book Rating : 4.7/5 (748 download)
Download or read book Globalization and Local Adaptation in International Trade Law written by Pitman B. Potter and published by UBC Press. This book was released on 2011-03-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies uniformly adopting international standards, or are they adapting them to local norms and cultural values? This volume presents a new conceptual approach – the paradigm of selective adaptation – to explore and explain the reception of international trade law in the Pacific Rim. Building on a conceptual discussion of the normative and institutional contexts for international law, the contributors draw on examples from China, Japan, Thailand, and North America to show that formal acceptance of international trade standards through accession to the World Trade Organization and the General Agreement on Tariffs and Trade does not necessarily translate into uniform enforcement and acceptance at the local level. This book provides compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade law.
Author : Guiguo Wang
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004218548
Total Pages : 385 pages
Book Rating : 4.0/5 (42 download)
Download or read book Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective written by Guiguo Wang and published by Martinus Nijhoff Publishers. This book was released on 2011-12-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
Author : Robert E. Hudec
Publisher : New York : Praeger Publishers
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)
Download or read book The GATT Legal System and World Trade Diplomacy written by Robert E. Hudec and published by New York : Praeger Publishers. This book was released on 1975 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Howse
Publisher : Cambridge University Press
ISBN 13 : 1108341578
Total Pages : pages
Book Rating : 4.1/5 (83 download)
Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Cambridge University Press. This book was released on 2018-04-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.
Author : Clive Maximilian Schmitthoff
Publisher : BRILL
ISBN 13 : 9789024737024
Total Pages : 864 pages
Book Rating : 4.7/5 (37 download)
Download or read book Clive M. Schmitthoff's Select Essays on International Trade Law written by Clive Maximilian Schmitthoff and published by BRILL. This book was released on 1988-01-01 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roberto Soprano
Publisher : Routledge
ISBN 13 : 1351747673
Total Pages : 162 pages
Book Rating : 4.3/5 (517 download)
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.
