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Author : Brigitte Stern
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.:/5 (666 download)
Download or read book Case-law of the WTO, 1998-2 written by Brigitte Stern and published by . This book was released on 2006 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Brigitte Stern
Publisher : BRILL
ISBN 13 : 9047417992
Total Pages : 460 pages
Book Rating : 4.0/5 (474 download)
Download or read book La jurisprudence de l'OMC / The Case-Law of the WTO, 1998-2 written by Brigitte Stern and published by BRILL. This book was released on 2006-04-01 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: WTO, OMC, these abbreviations are now well known throughout the world and the organization contained in these three-letter acronyms has become a principal actor in international relations – economic and other. Everyone knows that a large part of its impact in the international society comes from a revolutionary mechanism of dispute settlement (DSM) that forms part of the World Trade Organization. More than 250 claims have been deposited in seven years, of which sixty led to a report of an ad hoc panel and the majority of those led to a report of the Appellate Body. This bilingual volume is the third volume in a series, which has the ambition to present the “jurisprudence” of this new mechanism, in a simple, coherent and systematic fashion. It is the result of intense cooperation between the two editors, and it is hoped to become a major reference work for all interested in the jurisprudence of the WTO and more general in the regulation of economic relations with respect to international commerce and all its multiple implications on daily matters. OMC, WTO, ces sigles sont aujourd’hui mondialement connus, et l’Organisation qu’ils désignent est devenue un acteur principal des relations internationales – économiques et autres. Chacun sait désormais qu’une grande partie de son impact dans la société internationale vient du mécanisme de règlement des différends (MRD) tout à fait révolutionnaire qu’incorpore l’Organisation mondiale du commerce. Plus de 250 plaintes ont été déposées en sept ans et qu’un peu plus de 60 d’entre elles ont donné lieu à un rapport d'un Groupe spécial, voire pour une majorité d’entre elles à un rapport de l’Organe d’appel. Ce présent volume bilingue n'est que le troisième d'une série d'ouvrages ayant pour ambition de présenter la « jurisprudence » de ce nouveau mécanisme de façon simple, cohérente et systématique. Il constitue le fruit d'efforts concertés que les deux éditeurs, associés à cette entreprise collective de grande envergure, espèrent voir devenir une référence incontournable pour tous ceux qui s’intéresseront à la jurisprudence de l’OMC et plus largement à la régulation des relations économiques en matière de commerce international, avec toutes ses implications multiformes sur la vie quotidienne de chacun d’entre nous.
Author : Isabelle Van Damme
Publisher :
ISBN 13 : 0199562237
Total Pages : 487 pages
Book Rating : 4.1/5 (995 download)
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Author : Brigitte Stern
Publisher :
ISBN 13 :
Total Pages : 566 pages
Book Rating : 4.:/5 (667 download)
Download or read book La Jurisprudence de L'OMC, 1998-1 written by Brigitte Stern and published by . This book was released on 2005 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : World Trade Organization
Publisher : World Trade Organization
ISBN 13 :
Total Pages : 162 pages
Book Rating : 4.3/5 (91 download)
Download or read book WTO Dispute Settlement written by World Trade Organization and published by World Trade Organization. This book was released on 2007 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first edition of the WTO Dispute Settlement: One-Page Summaries, which has been prepared by the Legal Affairs Division of the WTO. It is a response to requests from a broad cross-section of interests for a simple straightforward explanation of the key points emanating from the ever-growing body of WTO jurisprudence. The publication attempts to summarise on a single page the core facts and substantive findings contained in the adopted panel, and, where applicable, Appellate Body reports for each decided case. Also, the publication, summarises key findings on significant procedural matters. The index enables readers to search the disputes by articles and by WTO agreement.
Author : Mitsuo Matsushita
Publisher : Oxford University Press
ISBN 13 : 0199571856
Total Pages : 942 pages
Book Rating : 4.1/5 (995 download)
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.
Author : Joost Pauwelyn
Publisher : Cambridge University Press
ISBN 13 : 1139436902
Total Pages : 557 pages
Book Rating : 4.1/5 (394 download)
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Author : Chad P. Bown
Publisher : Rowman & Littlefield
ISBN 13 : 0815704186
Total Pages : 301 pages
Book Rating : 4.8/5 (157 download)
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.
Author : Brigitte Stern
Publisher : BRILL
ISBN 13 : 9047433521
Total Pages : 645 pages
Book Rating : 4.0/5 (474 download)
Download or read book The Case-Law of the WTO / La jurisprudence de l'OMC, 1999-2 written by Brigitte Stern and published by BRILL. This book was released on 2008-07-31 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique series offers the reader a comprehensive, bilingual analysis on a case-by-case basis of the jurisprudence of the WTO. Each case study contains: a synopsis and details of the case in question, and important bibliographical references; these are followed by a summary of the facts and procedure, claims of the parties, findings of the panel, issues raised in the appeal, conclusions of the appellate body and scholarly observations. Each case is analyzed by a different scholar in the field, so as to ensure the involvement in the series of the widest range of (English and French speaking) scholars and practitioners. This approach to the case-law gives the reader a complete and objective account of the reasoning of the dispute resolution mechanism, including numerous quotes (in italics when they are extracted from the case in question, for ease of reference), while at the same time offering a critical perspective, which analyses the reasoning adopted and places it in a global perspective. The volumes are organized chronologically, and the cases of a particular year are usually covered in two consecutive volumes. Cette série unique d'ouvrages – en anglais et en français – a pour ambition de présenter au lecteur la « jurisprudence » de l’OMC de façon simple, cohérente et systématique. Chaque article obéit à une grille de lecture et contient ainsi le synopsis et les détails de l’espèce ainsi que de nombreuses références bibliographiques. Puis, après un bref rappel des faits et de la procédure, de la demande des parties, des conclusions du groupe spécial et de l’Organe d’appel, une rubrique « Observations » présente une approche critique de l’affaire. Les contributeurs sont aussi bien des universitaires que des praticiens, des francophones que des anglophones, avec la volonté éditoriale de tirer parti de tous les savoir-faire. Il y a aussi le souci d’aborder chaque affaire selon une double approche : d’une part, rendre compte fidèlement des raisonnements adoptés par les organes du mécanisme de règlement des différends, avec de nombreuses citations (en italiques lorsqu’elles sont extraites de l’affaire commentée) ; d’autre part, examiner ces raisonnements de la façon la plus complète et la plus objective en les replaçant dans une perspective d’évolution globale. Chaque volume est ordonné de manière chronologique, et, sauf exception, les affaires de chaque année sont traitées en deux volumes consécutifs.
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 : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
ISBN 13 : 1803921749
Total Pages : 640 pages
Book Rating : 4.8/5 (39 download)
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.
Author : World Trade Organization
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (31 download)
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.
Author : Craig VanGrasstek
Publisher :
ISBN 13 :
Total Pages : 704 pages
Book Rating : 4.:/5 (318 download)
Download or read book The History and Future of the World Trade Organization written by Craig VanGrasstek and published by . This book was released on 2013 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
Author : Rhonda Ferguson
Publisher : BRILL
ISBN 13 : 9004345302
Total Pages : 305 pages
Book Rating : 4.0/5 (43 download)
Download or read book The Right to Food and the World Trade Organization's Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-03 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
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 : Thomas Cottier
Publisher : University of Michigan Press
ISBN 13 : 0472026445
Total Pages : 473 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 473 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 Neuchâtel.
