Social Regulation In The Wto

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Social Regulation in the WTO

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805423
Total Pages : 337 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Social Regulation in the WTO by : Krista Nadakavukaren Schefer

Download or read book Social Regulation in the WTO written by Krista Nadakavukaren Schefer and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

Free Markets and Social Regulation:A Reform Agenda of the Global Trading System Toward a New International Economic Law

Author : Sungjoon Cho
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119892X
Total Pages : 234 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Free Markets and Social Regulation:A Reform Agenda of the Global Trading System Toward a New International Economic Law by : Sungjoon Cho

Download or read book Free Markets and Social Regulation:A Reform Agenda of the Global Trading System Toward a New International Economic Law written by Sungjoon Cho and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free Markets and Social Regulation: A Reform Agenda of the Global Trading System has a twofold purpose to consider what has so far been accomplished in this vital mission in the field of international economic law, and to prescribe some solutions to continuing problems. This latter endeavor amounts to a coherent and integrated plan that will enhance the acceptability of free markets to governments, traders, and other stakeholders alike.

Most-favoured-nation Treatment

Author : United Nations Conference on Trade and Development
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.

Between Law and Diplomacy

Author : Joseph Conti
Publisher : Stanford University Press
ISBN 13 : 0804777381
Total Pages : 264 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Between Law and Diplomacy by : Joseph Conti

Download or read book Between Law and Diplomacy written by Joseph Conti and published by Stanford University Press. This book was released on 2010-12-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between Law and Diplomacy crafts an insider's look at international trade disputes at one of the most important institutions in the global economy—the World Trade Organization. The WTO regulates the global rules for trade, and—unique among international organizations—it provides a legalized process for litigation between countries over trade grievances. Drawing on interviews with trade lawyers, ambassadors, trade delegations, and trade jurists, this book details how trade has become increasingly legalized and the implications of that for power relations between rich and poor countries. Joseph Conti looks closely at who uses the system to initiate and pursue disputes, who settles and on what terms, and the relative disconnect between pursuing a dispute and what a country gains through efforts to gain compliance with WTO dictates. Through this inside look at the process of disputing, Conti provides fresh perspective on how and why the law authorizes the use of specific resources and tactics in the ever unfolding struggle for control in the global economy.

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:

Essentials of WTO Law

Author : Peter Van den Bossche
Publisher : Cambridge University Press
ISBN 13 : 1316571548
Total Pages : 349 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Essentials of WTO Law by : Peter Van den Bossche

Download or read book Essentials of WTO Law written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2016-04-02 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when developments in WTO law have made this field increasingly complex, this concise and non-technical introduction provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO. A variety of text features enables a rich understanding of the law: illustrative examples clarify important issues of the law and demonstrate the law's practical application; boxed summaries of key rulings in WTO case law highlight the interpretation of the relevant provisions and lead readers to a deep understanding of the meaning and application of legal rules; and recommendations for further reading allow readers to engage with current debates. Online resources include links to useful sources of information for work and research within the field. Co-written by a leading authority in the field, this is essential reading for anyone who wants to get to grips with this fascinating yet challenging field of law.

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.

The Social Foundations of World Trade

Author : Sungjoon Cho
Publisher : Cambridge University Press
ISBN 13 : 1316239918
Total Pages : 318 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis The Social Foundations of World Trade by : Sungjoon Cho

Download or read book The Social Foundations of World Trade written by Sungjoon Cho and published by Cambridge University Press. This book was released on 2014-12-18 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: As highlighted by Pascal Lamy, the former head of the WTO, world trade traditionally involves state-to-state contracts and is based on an anachronistic 'monolocation' production/trade model. It therefore struggles to handle new patterns of trade such as global value chains, which are based on a 'multilocation' model. Although it continues to provide world trade on a general level with a powerful heuristic, the traditional 'rationalist' approach inevitably leaves certain descriptive and normative blind spots. Descriptively, it fails to explain important ideational factors, such as culture and norms, which can effectively guide the behaviour of trading nations with or without material factors such as interests and utilities. Normatively, the innate positivism of the traditional model makes it oblivious to the moral imperatives of the current world trading system, such as development. This book emphatically redresses these blind spots by reconstructing the WTO as a world trade community from a social perspective.

The Oxford Handbook on The World Trade Organization

Author : Amrita Narlikar
Publisher : Oxford University Press
ISBN 13 : 0199586101
Total Pages : 878 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook on The World Trade Organization by : Amrita Narlikar

Download or read book The Oxford Handbook on The World Trade Organization written by Amrita Narlikar and published by Oxford University Press. This book was released on 2012-05-31 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a holistic understanding of what the World Trade Organization does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges.

The World Trade Organization

Author : International Trade Law Center
Publisher : Springer Science & Business Media
ISBN 13 : 0387226885
Total Pages : 3117 pages
Book Rating : 4.3/5 (872 download)

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Book Synopsis The World Trade Organization by : International Trade Law Center

Download or read book The World Trade Organization written by International Trade Law Center and published by Springer Science & Business Media. This book was released on 2007-12-31 with total page 3117 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.

The Law and Policy of the World Trade Organization

Author : Peter Van den Bossche
Publisher : Cambridge University Press
ISBN 13 : 9781139445559
Total Pages : 784 pages
Book Rating : 4.4/5 (455 download)

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Book Synopsis The Law and Policy of the World Trade Organization by : Peter Van den Bossche

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.

Universal Service in WTO and EU law

Author : Olga Batura
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462650800
Total Pages : 0 pages
Book Rating : 4.6/5 (58 download)

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Book Synopsis Universal Service in WTO and EU law by : Olga Batura

Download or read book Universal Service in WTO and EU law written by Olga Batura and published by T.M.C. Asser Press. This book was released on 2015-10-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Lüneburg, Germany, and to the European Humanities University in Vilnius, Lithania.

Trade, Development, and Social Justice

Author : Raj Bhala
Publisher :
ISBN 13 :
Total Pages : 590 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Trade, Development, and Social Justice by : Raj Bhala

Download or read book Trade, Development, and Social Justice written by Raj Bhala and published by . This book was released on 2003 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade, Development, and Social Justice examines the greatest challenge currently facing the global trading system: the large and growing divide between the First World and the Third World. This schism threatens to tear apart the GATT-WTO system. Eclectic in both its theme and methodology, Trade and Development positions itself as a moderate book, in both substance and tone. In a world of loud and sometimes violent protests about globalization and its effects on poor countries, this book offers a reasoned and empathetic approach. Using five arguments (Marxist Origins, Capitalist Growth Models, Organizing Trade Rules, Special and Differential Treatment Rules and Trade Rules and Social Justice), this text advances the thesis that international trade law neither is as unjust toward poor countries as critics of the GATT and WTO claim, nor is the law as just toward them as GATT-WTO defenders contend. Bhala uses tools from economic development theory, specifically, from the Marxist-Leninist critique of trade, and from the capitalist models of economic growth constructed by leading economists. The book also uses tools from theology, specifically, Catholic and Islamic concepts, and principles of social justice. Additionally, Trade, Development, and Social Justice proposes specific improvements to make international trade law more socially just. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "This particular assessment is a long overdue analysis of how many participants view the entrenched framework for modern international trade. For anyone seeking balance, this work is a venerable presentation of how nations talk past each other in the supposed world trade dialogue between the Haves and Have-Nots." -- American Society of International Law Newsletter, March 2004

Beyond the Divide

Author : Robert Howse
Publisher :
ISBN 13 : 9783898926621
Total Pages : 31 pages
Book Rating : 4.9/5 (266 download)

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Book Synopsis Beyond the Divide by : Robert Howse

Download or read book Beyond the Divide written by Robert Howse and published by . This book was released on 2007 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal, institutional and policy cultures of international human rights law and of international trade, financial and investment law have developed largely in isolation from one another. At the same time, as a matter of international law, both the International Covenant on Economic, Social and Economic Rights (ICESCR) and the World Trade Organization (WTO) are, in the first instance, treaty regimes. Treaty norms in the ICESCR have an equal legal status to those in the WTO. A large majority of states are signatories to both the core WTO treaties (the so-called Covered Agreements) and the ICESCR. Reconstructing globalization on the basis of a human rights consciousness, and in particular with a view to fully realizing the vision of the ICESCR is a daunting task, which would need to engage many policy disciplines and many institutions. A short to medium term strategy is needed to identify some fairly precise and specific interconnections between the legal concepts and doctrines in the treaty texts of both regimes. As international lawyers whose collective expertise extends across both regimes, the authors conceive the challenge as a legal question of the interaction of treaty norms. The authors focus on those aspects of economic, social and cultural rights that are most directly linked to human security, a fundamental value also acknowledged in various ways in the WTO Agreements and their interpretation. Accordingly, they examine aspects of the right to work, the right to health and the right to food and the impact of WTO rules and their interpretation..

What's Wrong with the WTO and How to Fix It

Author : Rorden Wilkinson
Publisher : John Wiley & Sons
ISBN 13 : 0745686443
Total Pages : 240 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis What's Wrong with the WTO and How to Fix It by : Rorden Wilkinson

Download or read book What's Wrong with the WTO and How to Fix It written by Rorden Wilkinson and published by John Wiley & Sons. This book was released on 2014-10-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: We need a world trade organization. We just don't need the one that we have. By pitching unequally matched states together in chaotic bouts of negotiating the global trade governance of today offers - and has consistently offered - developed countries more of the economic opportunities they already have and developing countries very little of what they desperately need. This is an unsustainable state of affairs to which the blockages in the Doha round provide ample testimony. So far only piecemeal solutions have been offered to refine this flawed system. Radical proposals that seek to fundamentally alter trade governance or reorient its purposes around more socially progressive and egalitarian goals are thin on the ground. Yet we eschew deeper reform at our peril. In What's Wrong with the World Trade Organization and How to Fix It Rorden Wilkinson argues that without global institutions fit for purpose, we cannot hope for the kind of fine global economic management that can put an end to major crises or promote development-for-all. Charting a different path he shows how the WTO can be transformed into an institution and a form of trade governance that fulfils its real potential and serves the needs of all.

The Economics of the World Trading System

Author : Kyle Bagwell
Publisher : MIT Press
ISBN 13 : 9780262524346
Total Pages : 244 pages
Book Rating : 4.5/5 (243 download)

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Book Synopsis The Economics of the World Trading System by : Kyle Bagwell

Download or read book The Economics of the World Trading System written by Kyle Bagwell and published by MIT Press. This book was released on 2004-08-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: World trade is governed by the rules of the World Trade Organization (WTO), the successor to the General Agreement on Tariffs and Trade (GATT). The WTO sets rules of conduct for the international trade of goods and services and for intellectual property rights, provides a forum for multinational negotiations to resolve trade problems, and has a formal mechanism for dispute settlement. It is the primary institution working, through rule-based bargaining, at freeing trade. In this book, Kyle Bagwell and Robert Staiger provide an economic analysis and justification for the purpose and design of the GATT/WTO. They summarize their own research, discuss the major features of the GATT agreement, and survey the literature on trade agreements. Their focus on the terms-of-trade externality is particularly original and ties the book together. Topics include the theory of trade agreements, the origin and design of the GATT and the WTO, the principles of reciprocity, the most favored nation principle, terms-of-trade theory, enforcement, preferential trade agreements, labor and environmental standards, competition policy, and agricultural export subsidies.

The WTO at Twenty

Author : World Trade Organization
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The WTO at Twenty by : World Trade Organization

Download or read book The WTO at Twenty written by World Trade Organization and published by . This book was released on 2015 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research explores how multilateralism in trade has worked over the past twenty years - and provides some lessons about how it can work in the future. It describes the WTO's achievements across a number of key areas, including: strengthening the institutional foundations of the trade system; widening its membership and increasing participation; deepening trade integration through lower barriers and stronger rules; improving transparency and policy dialogue; strengthening dispute settlement; expanding cooperation with other international organizations; and enhancing public outreach. It concludes that the WTO has achieved much over its first twenty years but the success of the WTO has inevitably given rise to new challenges.