WTO Agreement on Subsidies and Countervailing Measures

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108279511
Total Pages : 1181 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis WTO Agreement on Subsidies and Countervailing Measures by : Wolfgang Müller

Download or read book WTO Agreement on Subsidies and Countervailing Measures written by Wolfgang Müller and published by Cambridge University Press. This book was released on 2017-08-18 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.

WTO Disciplines on Subsidies and Countervailing Measures

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Publisher : Cambridge University Press
ISBN 13 : 1139916017
Total Pages : 695 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis WTO Disciplines on Subsidies and Countervailing Measures by : Dominic Coppens

Download or read book WTO Disciplines on Subsidies and Countervailing Measures written by Dominic Coppens and published by Cambridge University Press. This book was released on 2014-05-22 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.

The WTO Law of Subsidies

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503343
Total Pages : 684 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The WTO Law of Subsidies by : Marc Benitah

Download or read book The WTO Law of Subsidies written by Marc Benitah and published by Kluwer Law International B.V.. This book was released on 2019-05-23 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.

The WTO, Subsidies and Countervailing Measures

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781848444508
Total Pages : 0 pages
Book Rating : 4.4/5 (445 download)

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Book Synopsis The WTO, Subsidies and Countervailing Measures by : Marc Bacchetta

Download or read book The WTO, Subsidies and Countervailing Measures written by Marc Bacchetta and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidies and countervail have been the subject of much attention in recent decades. In this volume, the editors have selected seminal contributions to the literature on the economics of subsidies and countervailing duties in international trade, their role in trade agreements and their treatment in the GATT/WTO system. A close look at the welfare effects of these measures from an economic perspective sheds essential light on the use of such policy tools by governments and the economic rationale for international rules in this area. Careful economic analysis points at the strengths and weaknesses of the current arrangement and provides food for thought for further discussions on the efficient design of trade agreements. This authoritative collection, along with an original introduction by the editors, will serve as an excellent reference source for students, scholars and practitioners in the field of international trade.

The Law and Economics of Contingent Protection in the WTO

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Publisher : Edward Elgar Publishing
ISBN 13 : 1848440146
Total Pages : 633 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis The Law and Economics of Contingent Protection in the WTO by : Petros C. Mavroidis

Download or read book The Law and Economics of Contingent Protection in the WTO written by Petros C. Mavroidis and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal

The World Trade Organization

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Publisher : Springer Science & Business Media
ISBN 13 : 0387226885
Total Pages : 3142 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 3142 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.

Lecture Notes In International Trade: An Undergraduate Course

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Publisher : World Scientific
ISBN 13 : 9811220859
Total Pages : 161 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis Lecture Notes In International Trade: An Undergraduate Course by : Priyaranjan Jha

Download or read book Lecture Notes In International Trade: An Undergraduate Course written by Priyaranjan Jha and published by World Scientific. This book was released on 2020-09-21 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive discussion of the economics of International Trade.Key questions related to why countries trade, how they gain from trade, and how international trade can produce winners and losers are answered. The last of these questions is related to the connection of trade to inequality in the distribution of income.The book uses both theoretical models and empirical evidence to answer these questions. It also provides a discussion of the economics of labor migration and international capital mobility. The book also provides a detailed discussion of the welfare implications of various trade policy instruments such as tariffs, quotas, export subsidies etc. This is followed by a discussion of the process of actual policymaking in democratic societies which goes into the realm of political economy. The focus here is on the political economy of trade policy. It also provides a discussion of the economics of preferential trading agreements and a history of multilateral trading agreements under the aegis of GATT (General Agreement on Tariffs and Trade) and its evolution into the World Trade Organization (WTO).

Subsidies to Chinese Industry

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Publisher : Oxford University Press, USA
ISBN 13 : 0199773742
Total Pages : 258 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Subsidies to Chinese Industry by : Usha C.V. Haley

Download or read book Subsidies to Chinese Industry written by Usha C.V. Haley and published by Oxford University Press, USA. This book was released on 2013-05-02 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government subsidies have contributed to China's success as manufacturer and exporter in capital-intensive industries. China's state-capitalist regime uses subsidies to stabilize and create common understandings of markets among governments and firms.

Export Promotion and the WTO

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Author :
Publisher : UN
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Export Promotion and the WTO by : Philippe De Baere

Download or read book Export Promotion and the WTO written by Philippe De Baere and published by UN. This book was released on 2009 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on export promotion schemes that developing countries may use without violating international trade rules. It examines the rules themselves ndash; the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures for industrial goods and the Agreement on Agriculture for agricultural products ndash; and looks at schemes currently in place in the developing world.

WTO

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Publisher : BRILL
ISBN 13 : 9004145656
Total Pages : 1005 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis WTO by : Rüdiger Wolfrum

Download or read book WTO written by Rüdiger Wolfrum and published by BRILL. This book was released on 2008 with total page 1005 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.

Understanding the WTO

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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:

Handbook of Commercial Policy

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Author :
Publisher : Elsevier
ISBN 13 : 0444639268
Total Pages : 600 pages
Book Rating : 4.4/5 (446 download)

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Book Synopsis Handbook of Commercial Policy by :

Download or read book Handbook of Commercial Policy written by and published by Elsevier. This book was released on 2016-11-02 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook of Commercial Policy explores three main topics that permeate the study of commercial policy. The first section presents a broad set of basic empirical facts regarding the pattern and evolution of commercial policy, with the second section investigating the crosscutting legal issues relating to the purpose and design of agreements. Final sections cover key issues of commercial policy in the modern global economy. Every chapter in the book provides coverage from the perspectives of multilateral, and where appropriate, preferential trade agreements. While most other volumes are policy-oriented, this comprehensive guide explores the ways that intellectual thinking and rigor organize research, further making frontier-level synthesis and current theoretical, and empirical, research accessible to all. - Covers the research areas that are critical for understanding how the world of commercial policy has changed, especially over the last 20 years - Presents the way in which research on the topic has evolved - Scrutinizes the economic modeling of bargaining and legal issues - Useful for examining the theory and empirics of commercial policy

World Trade Organization and International Trade Law

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Publisher : World Scientific Publishing Company
ISBN 13 : 9789814436984
Total Pages : 506 pages
Book Rating : 4.4/5 (369 download)

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Book Synopsis World Trade Organization and International Trade Law by : Gary N. Horlick

Download or read book World Trade Organization and International Trade Law written by Gary N. Horlick and published by World Scientific Publishing Company. This book was released on 2013-09-17 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts.

EU Anti-dumping and Other Trade Defence Instruments

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131175
Total Pages : 1396 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Anti-dumping and Other Trade Defence Instruments by : Ivo Van Bael

Download or read book EU Anti-dumping and Other Trade Defence Instruments written by Ivo Van Bael and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.

The World Trading System

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Publisher : MIT Press
ISBN 13 : 9780262600279
Total Pages : 464 pages
Book Rating : 4.6/5 (2 download)

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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.

The Politics of Fossil Fuel Subsidies and Their Reform

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108416799
Total Pages : 349 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Politics of Fossil Fuel Subsidies and Their Reform by : Jakob Skovgaard

Download or read book The Politics of Fossil Fuel Subsidies and Their Reform written by Jakob Skovgaard and published by Cambridge University Press. This book was released on 2018-08-23 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume provides the first book-length account on the politics of fossil fuel subsidies. This title is also available as Open Access.

Guide to the WTO and GATT

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Author :
Publisher : Springer
ISBN 13 : 9811320896
Total Pages : 712 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Guide to the WTO and GATT by : Autar Krishen Koul

Download or read book Guide to the WTO and GATT written by Autar Krishen Koul and published by Springer. This book was released on 2018-11-19 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights – the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.