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Regulation And Protectionism Under Gatt
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Book Synopsis GATT, WTO and the Regulation of International Trade in Textiles by : Claudia Jiménez Cortés
Download or read book GATT, WTO and the Regulation of International Trade in Textiles written by Claudia Jiménez Cortés and published by Routledge. This book was released on 2018-08-20 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1997, in this book an attempt has been made to analyze the legal structure of GATT and the WTO as well as those agreements which control trade in textiles. One of the GATT’s major failures was its inability to come into line with the new economic reality and the needs of those states who created this system for controlling international trade. Trade in textiles was an excellent example of this. Now, the WTO aims to overcome this problem thanks to its greater pragmatism and its search for solutions to free trade difficulties. The WTO is not, however, the perfect solution. Its highly political character allows room for improvement even though the key to its success still lies with the effective cooperation of member states. As for the textile sector, this new panorama for trade in goods provides it with a new opportunity to finally return to the general legal framework in the year 2005.
Book Synopsis Regulation And Protectionism Under Gatt by : Andrew Schmitz
Download or read book Regulation And Protectionism Under Gatt written by Andrew Schmitz and published by Westview Press. This book was released on 1996-02-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book opens with an overview of the agricultural trade impacts of the three international trade agreements. Case studies on specific agricultural sectors such as the dairy, tobacco, peanut, and sugar industries in the United States and the dairy and poultry industries in Canada provide greater detail.
Book Synopsis Legal and Economic Principles of World Trade Law by : Gene M. Grossman
Download or read book Legal and Economic Principles of World Trade Law written by Gene M. Grossman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary objective of most trade agreements is to restrain members' use of trade policies for protectionist purposes. But it would be pointless to restrict the application of border instruments without regulating the possible use of domestic policies for protectionist purpose. To this end, most agreements include an obligation for National Treatment (NT) of foreign products. The NT provision in the GATT appears in Art. III, which applies to most government actions that have impact trade. It requires that imported products be treated as favorably by domestic policy as similar, indigenous products. This study offers suggestions based on legal and economic analysis about how this vaguely-formulated provision ought to be interpreted. The study first examines the purposes of Art. III, as it appears from an economic point of view, as well as from its negotiating record. It also examines the case law, arguing that the absence of a coherent methodology implies that it is often unclear whether case law interpretations of the key terms promote the intended objectives of the provision. The study then identifies two alternative approaches that might be used to interpret Art. III, and its interplay with the general exceptions clause in Art. XX GATT. The first approach only requires that the products are in sufficiently close potential or actual competition in the market, in a case where an imported product is given a less favourable treatment than a domestic product. The second approach requires additionally that the importing country has no policy rationale other than protectionism for treating the two products differently. The main difference between the two approaches is that under the former, the protectionism test occurs if/when an Art. XX exception is requested, while the latter approach mandates that the protectionism test should be performed as part of the evaluation of the alleged violation of Art. III. As discussed in the study, the second, and favored, approach provides a more permissive regime for domestic policy instruments.
Book Synopsis Trade, Health, and the Burden of Proof in WTO Law by : Joachim Ahman
Download or read book Trade, Health, and the Burden of Proof in WTO Law written by Joachim Ahman and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of us do not immediately think of health protection measures as trade barriers. Yet to the trade liberalization interest they are often exactly that--"hidden protectionism" some would say. When the conflict between trade and health hardens into a confrontation, allocation of the burden of proof becomes the critical factor in determining the outcome. And the outcome of such a WTO dispute may affect a very large number of people. This important book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law. It clearly demonstrates and explains the following and more: how burden of proof decisions, following from the burden of proof concept as it has developed in national legal systems and in general international law, may favour or disfavor different interests; the problems that may occur when risk-related facts have to be proved;how the legal facts in the WTO provisions specifically regulating the adoption of health protection measures have been interpreted in case law; and how the burden of proof concept can be used to balance the conflicting interests in ways other than those used so far. No other source offers such a comprehensive analysis of WTO provisions applicable to health protection measures. This book's burden of proof perspective makes it an especially valuable resource for trade law experts, WTO member representatives, and interested NGOs seeking to understand and discuss the balancing of health protection and trade liberalization.
Book Synopsis Restructuring the Gatt by : John H. Jackson
Download or read book Restructuring the Gatt written by John H. Jackson and published by . This book was released on 1990 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The multilateral trading system based on the General Agreement on Tariffs and Trade (GATT) is being eroded by a shift to bilateralism, surging protectionism, and flouting of its rules by the major trading countries. The inclusion of the complex issues of services, intellectual property, and investment in the Uruguay Round has only increased the strain on the GATT's structure. Reform and strengthening of the GATT system can no longer be delayed. Jackson argues that part of the problem lies in the defective constitutional nature of the GATT itself. He examines the institutional and constitutional changes the GATT would need in order to contain protectionist pressure and respond to the new issues in the evolving international economy. Jackson outlines the provisions of a new charter that would strengthen the foundations of the system. His proposed reform challenges policymakers and practitioners to think beyond the modest objectives of the Uruguay Round"--Unedited summary from book cover.
Book Synopsis Protectionism by : Jagdish N. Bhagwati
Download or read book Protectionism written by Jagdish N. Bhagwati and published by MIT Press. This book was released on 1988 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Through a combination of text, quotations, cartoons, tables, charts, and graphs, Bhagwati ... looks at the forces for and against protection."--Jacket.
Book Synopsis Legal and Economic Principles of World Trade Law by : Henrik Horn
Download or read book Legal and Economic Principles of World Trade Law written by Henrik Horn and published by Cambridge University Press. This book was released on 2013-04-22 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947–8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.
Book Synopsis The Regulation of International Trade by : Michael Trebilcock
Download or read book The Regulation of International Trade written by Michael Trebilcock and published by Routledge. This book was released on 2013-05-07 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock and Howse here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. *competition Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of preferential trade agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007-2010 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.
Book Synopsis Optimal Regulation and the Law of International Trade by : Boris Rigod
Download or read book Optimal Regulation and the Law of International Trade written by Boris Rigod and published by Cambridge University Press. This book was released on 2015-11-13 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the limitations imposed on World Trade Organization (WTO) members' right to regulate efficient? This is a question that is only scarcely, if ever, analysed in existing literature. Boris Rigod aims to provide an answer to this fundamental concern. Using the tools of economic analysis and in particular the concept of economic efficiency as a benchmark, the author states that domestic regulatory measures should only be subject to scrutiny by WTO bodies when they cause negative international externalities through terms of trade manipulations. He then suggests that WTO law, applied by the WTO judiciary can prevent WTO members from attaining optimal levels of regulation. By applying a law and economics methodology, Rigod provides an innovative solution to the problem of how to reconcile members' regulatory autonomy and WTO rules as well as offering a novel analytical framework for assessing domestic regulations in the light of WTO law.
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.
Book Synopsis Selective Safeguard Measures in Multilateral Trade Relations by : Marco C. E. J. Bronckers
Download or read book Selective Safeguard Measures in Multilateral Trade Relations written by Marco C. E. J. Bronckers and published by Springer. This book was released on 1985-06-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Environmental Protectionism, North-South Trade, and the Uruguay Round by : Ms.Piritta Sorsa
Download or read book Environmental Protectionism, North-South Trade, and the Uruguay Round written by Ms.Piritta Sorsa and published by International Monetary Fund. This book was released on 1995-01-01 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper seeks to provide an overview of the present state of debate on trade, environment and the GATT for developing countries. Potential for green protectionism and relevant GATT rules are discussed in three areas: i) environmental product regulations including eco-labeling and other product measures with effects on production processes and border adjustment of environmental taxes; ii) extraterritorial use of trade measures to influence environmental behavior in other countries; and iii) the use of trade measures with international environmental agreements. The conclusion of the Uruguay Round will have a number of direct and indirect effects on trade and environment and the GATT debate on it.
Book Synopsis The World Trading System by : John Howard Jackson
Download or read book The World Trading System written by John Howard Jackson and published by MIT Press. This book was released on 1997 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.
Book Synopsis Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law by : Andrew D. Mitchell
Download or read book Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Book Synopsis Recognition and Regulation of Safeguard Measures Under GATT/WTO by : Sheela Rai
Download or read book Recognition and Regulation of Safeguard Measures Under GATT/WTO written by Sheela Rai and published by Routledge. This book was released on 2011-05-11 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
Book Synopsis Trade Protection in the United States by : Charles K. Rowley
Download or read book Trade Protection in the United States written by Charles K. Rowley and published by Edward Elgar Publishing. This book was released on 1995 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyzes the history of US trade policy and explains why interest groups are able to foster protectionist policies despite the advantages which free trade offers consumers. The authors also explain why the principles of managed trade - like GATT - are subverted by protectionism.
Download or read book The New Protectionism written by Tim Lang and published by Island Press. This book was released on 1993 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph questions the benefits of free trade, arguing that, far from promoting prosperity for all those involved, free trade only serves a narrow range of interests, primarily for the large corporations who conduct it. The authors claim that the consequences of present arrangements and those promised under the new GATT agreement will increase the difference between the world's rich and poor and accelerate the destruction of the global environment. The authors suggest instead that trading arrangements should emphasize regional self-sufficiency and the overall amount of trade should be reduced.
