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Author :
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (523 download)
Download or read book Regulatory Barriers and the Principle of Non-discrimination in World Trade Law written by and published by . This book was released on 2002 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas Cottier
Publisher : University of Michigan Press
ISBN 13 : 0472026445
Total Pages : 472 pages
Book Rating : 4.4/5 (72 download)
Download or read book Regulatory Barriers and the Principle of Non-discrimination in World Trade Law written by Thomas Cottier and published by University of Michigan Press. This book was released on 2010-05-18 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year. The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all. Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck. Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâ tel.
Author : Andrew D. Mitchell
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368095
Total Pages : 200 pages
Book Rating : 4.7/5 (853 download)
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 200 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.
Author : Nicolas F. Diebold
Publisher : Cambridge University Press
ISBN 13 : 1139492128
Total Pages : pages
Book Rating : 4.1/5 (394 download)
Download or read book Non-Discrimination in International Trade in Services written by Nicolas F. Diebold and published by Cambridge University Press. This book was released on 2010-10-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
Author : Anselm Kamperman Sanders
Publisher : Edward Elgar Publishing
ISBN 13 : 1783471220
Total Pages : 352 pages
Book Rating : 4.7/5 (834 download)
Download or read book The Principle of National Treatment in International Economic Law written by Anselm Kamperman Sanders and published by Edward Elgar Publishing. This book was released on 2014-10-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of national treatment, or the non-discrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international tr
Author : Nicolas F. Diebold
Publisher : Cambridge University Press
ISBN 13 : 9781107697669
Total Pages : 434 pages
Book Rating : 4.6/5 (976 download)
Download or read book Non-Discrimination in International Trade in Services written by Nicolas F. Diebold and published by Cambridge University Press. This book was released on 2014-01-02 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
Author : Henrik Horn
Publisher : Cambridge University Press
ISBN 13 : 1107068002
Total Pages : 381 pages
Book Rating : 4.1/5 (7 download)
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.
Author : William J. Davey
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004233156
Total Pages : 360 pages
Book Rating : 4.0/5 (42 download)
Download or read book Non-discrimination in the World Trade Organization written by William J. Davey and published by Martinus Nijhoff Publishers. This book was released on 2012-06-28 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the most favoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
Author : Birgitte Egelund Olsen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141952
Total Pages : 515 pages
Book Rating : 4.0/5 (411 download)
Download or read book WTO Law written by Birgitte Egelund Olsen and published by Kluwer Law International B.V.. This book was released on 2012-02-01 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within this framework, the authors explore such key trade issues as the following: dispute settlement; implementation of judicial decisions and enforcement; principles of non-discrimination; trade in goods; non-discriminatory restrictions as barriers to trade; exceptions from trade-liberalisation obligations; trade and environmental protection;trade in agricultural products; conditions for applying safeguard and anti-dumping measures; prohibited and actionable subsidies; regulation of services; protection of intellectual property rights; regional trade agreements; special and differential treatments; government procurement; competition policy; and regulation of investment. As a timely and accessible analysis of the WTO and its interaction with the EU, this book is sure to be welcomed by international trade professionals, government officials, and interested academics, students, and researchers.
Author : Peter Van den Bossche
Publisher : Cambridge University Press
ISBN 13 : 9781139445559
Total Pages : 784 pages
Book Rating : 4.4/5 (455 download)
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.
Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (1 download)
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.
Author : Shin-yi Peng
Publisher : Cambridge University Press
ISBN 13 : 1108957153
Total Pages : 365 pages
Book Rating : 4.1/5 (89 download)
Download or read book Artificial Intelligence and International Economic Law written by Shin-yi Peng and published by Cambridge University Press. This book was released on 2021-10-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
Author : Pierre Sauve
Publisher : World Bank Publications
ISBN 13 : 0821383434
Total Pages : 244 pages
Book Rating : 4.8/5 (213 download)
Download or read book Domestic Regulation and Service Trade Liberalization written by Pierre Sauve and published by World Bank Publications. This book was released on 2003-08-29 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.
Author : George A. Bermann
Publisher : Cambridge University Press
ISBN 13 : 9780521855280
Total Pages : 358 pages
Book Rating : 4.8/5 (552 download)
Download or read book Trade and Human Health and Safety written by George A. Bermann and published by Cambridge University Press. This book was released on 2006-01-23 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the standards established for the regulation of public health and safety issues.
Author : International Standards, Conformity Assessment, and U.S. Trade Policy Project Committee
Publisher : National Academies Press
ISBN 13 : 0309587883
Total Pages : 253 pages
Book Rating : 4.3/5 (95 download)
Download or read book Standards, Conformity Assessment, and Trade written by International Standards, Conformity Assessment, and U.S. Trade Policy Project Committee and published by National Academies Press. This book was released on 1995-03-29 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mandated standards used for vehicle airbags, International Organization for Standards (ISO) standards adopted for photographic film, de facto standards for computer software--however they arise, standards play a fundamental role in the global marketplace. Standards, Conformity Assessment, and Trade provides a comprehensive, up-to-date analysis of the link between standards, product testing and certification, and U.S. economic performance. The book includes recommendations for streamlining standards development, increasing the efficiency of product testing and certification, and promoting the success of U.S. exports in world markets. The volume offers a critical examination of organizations involved in standards and identifies the urgent improvements needed in the U.S. system for conformity assessment, in which adherence to standards is assessed and certified. Among other key issues, the book explores the role of government regulation, laboratory accreditation, and the overlapping of multiple quality standards in product development and manufacturing. In one of the first treatments of this subject, Standards, Conformity Assessment, and Trade offers a unique and highly valuable analysis of the impact of standards and conformity assessment on global trade.
Author : Thomas Cottier
Publisher :
ISBN 13 : 9781784713539
Total Pages : 0 pages
Book Rating : 4.7/5 (135 download)
Download or read book Elgar Encyclopedia of International Economic Law written by Thomas Cottier and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--
Author : Oisin Suttle
Publisher : Cambridge University Press
ISBN 13 : 1108415814
Total Pages : 423 pages
Book Rating : 4.1/5 (84 download)
Download or read book Distributive Justice and World Trade Law written by Oisin Suttle and published by Cambridge University Press. This book was released on 2017-10-12 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.
