Retaliation In The Wto Dispute Settlement System

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Retaliation in the WTO Dispute Settlement System

Author : Madeleine Merkx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041148221
Total Pages : 208 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Retaliation in the WTO Dispute Settlement System by : Madeleine Merkx

Download or read book Retaliation in the WTO Dispute Settlement System written by Madeleine Merkx and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.

The Law, Economics and Politics of Retaliation in WTO Dispute Settlement

Author : Chad P. Bown
Publisher : Cambridge University Press
ISBN 13 : 0521119979
Total Pages : 693 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis The Law, Economics and Politics of Retaliation in WTO Dispute Settlement by : Chad P. Bown

Download or read book The Law, Economics and Politics of Retaliation in WTO Dispute Settlement written by Chad P. Bown and published by Cambridge University Press. This book was released on 2010-01-07 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.

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.

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

Author : Nuno Limão
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.

WTO Retaliation

Author : Michelle Limenta
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900020
Total Pages : 261 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis WTO Retaliation by : Michelle Limenta

Download or read book WTO Retaliation written by Michelle Limenta and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.

The WTO Dispute Settlement System

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
ISBN 13 : 1803921749
Total Pages : 640 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis The WTO Dispute Settlement System by : Mavroidis, Petros C.

Download or read book The WTO Dispute Settlement System written by Mavroidis, Petros C. and published by Edward Elgar Publishing. This book was released on 2022-07-15 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.

Crimes And Punishments?

Author : Robert Z Lawrence
Publisher : Columbia University Press
ISBN 13 : 0881324566
Total Pages : 120 pages
Book Rating : 4.8/5 (813 download)

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Book Synopsis Crimes And Punishments? by : Robert Z Lawrence

Download or read book Crimes And Punishments? written by Robert Z Lawrence and published by Columbia University Press. This book was released on 2003-10-15 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the unique aspects of the WTO as an international organization is that it authorizes members to retaliate against violations by raising tariffs. These authorizations have become increasingly common and increasingly controversial. In this analysis of the retaliation system, Robert Lawrence considers the guiding principles that govern responses to WTO violations, examines how these principles are implemented in practice, and considers options for reform.

Understanding the WTO

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:

Reclaiming Development in the World Trading System

Author : Yong-Shik Lee
Publisher : Cambridge University Press
ISBN 13 : 1107098939
Total Pages : 519 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Reclaiming Development in the World Trading System by : Yong-Shik Lee

Download or read book Reclaiming Development in the World Trading System written by Yong-Shik Lee and published by Cambridge University Press. This book was released on 2016-10-20 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.

The GATT/WTO Dispute Settlement System

Author : Ernst-Ulrich Petersmann
Publisher : BRILL
ISBN 13 : 9004636919
Total Pages : 364 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The GATT/WTO Dispute Settlement System by : Ernst-Ulrich Petersmann

Download or read book The GATT/WTO Dispute Settlement System written by Ernst-Ulrich Petersmann and published by BRILL. This book was released on 2024-01-22 with total page 364 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.

The WTO Dispute Settlement Mechanism

Author : Alberto do Amaral Júnior
Publisher : Springer
ISBN 13 : 3030032639
Total Pages : 391 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The WTO Dispute Settlement Mechanism by : Alberto do Amaral Júnior

Download or read book The WTO Dispute Settlement Mechanism written by Alberto do Amaral Júnior and published by Springer. This book was released on 2019-04-09 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.

Key Issues in WTO Dispute Settlement

Author : Rufus Yerxa
Publisher : Cambridge University Press
ISBN 13 : 9780521861595
Total Pages : 328 pages
Book Rating : 4.8/5 (615 download)

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Book Synopsis Key Issues in WTO Dispute Settlement by : Rufus Yerxa

Download or read book Key Issues in WTO Dispute Settlement written by Rufus Yerxa and published by Cambridge University Press. This book was released on 2005-10-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.

The Use of Retaliations in the WTO-System

Author : Dunja Lösgen
Publisher : GRIN Verlag
ISBN 13 : 3656055238
Total Pages : 41 pages
Book Rating : 4.6/5 (56 download)

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Book Synopsis The Use of Retaliations in the WTO-System by : Dunja Lösgen

Download or read book The Use of Retaliations in the WTO-System written by Dunja Lösgen and published by GRIN Verlag. This book was released on 2011 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studienarbeit aus dem Jahr 2011 im Fachbereich BWL - Recht, Carl von Ossietzky Universität Oldenburg, Sprache: Deutsch, Abstract: Table of Contents 1. Table of Figures 3 2. List of Abbreviations 4 3. Introduction 5 4. The World Trade Organization 5 4.1 The Dispute Settlement Understanding 5 4.1.1 The Implementation Stage 6 4.1.2 Compensation and the Suspension of Concessions 8 5. The Use of Retaliations in the Dispute Settlement Procedure 9 5.1 Three-Stage Retaliation 9 5.2 Possibility of Arbitration within the DSU 10 6. The WTO Retaliation System in Practice 11 6.1 Problems within the WTO Retaliation System 11 6.2 Cases of Retaliation under the Dispute Settlement System 12 6.2.1 Statistical Overview of Retaliations within the WTO 12 7. Conclusion 14 Bibliography 15

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.

Self-Enforcing Trade

Author : Chad P. Bown
Publisher : Rowman & Littlefield
ISBN 13 : 0815704186
Total Pages : 301 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Self-Enforcing Trade by : Chad P. Bown

Download or read book Self-Enforcing Trade written by Chad P. Bown and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.

World Trade Organization (WTO) Dispute Settlement Review Commission Act

Author : United States. Congress. Senate. Committee on Finance
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis World Trade Organization (WTO) Dispute Settlement Review Commission Act by : United States. Congress. Senate. Committee on Finance

Download or read book World Trade Organization (WTO) Dispute Settlement Review Commission Act written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 1995 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reform and Development of the WTO Dispute Settlement System

Author : Dencho Georgiev
Publisher : Cameron May
ISBN 13 : 1905017243
Total Pages : 488 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis Reform and Development of the WTO Dispute Settlement System by : Dencho Georgiev

Download or read book Reform and Development of the WTO Dispute Settlement System written by Dencho Georgiev and published by Cameron May. This book was released on 2006 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.