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The Law Economics And Politics Of Retaliation In Wto Dispute Settlement
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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.
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 160 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.
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.
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.
Book Synopsis WTO Retaliation by : Michelle Engel Limenta
Download or read book WTO Retaliation written by Michelle Engel Limenta and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Trade Disputes and the Dispute Settlement Understanding of the WTO by : James C. Hartigan
Download or read book Trade Disputes and the Dispute Settlement Understanding of the WTO written by James C. Hartigan and published by Emerald Group Publishing. This book was released on 2009-02-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
Book Synopsis The Political Economy of International Trade Law by : Daniel L. M. Kennedy
Download or read book The Political Economy of International Trade Law written by Daniel L. M. Kennedy and published by Cambridge University Press. This book was released on 2002-05-23 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: International experts from law, economics and political science provide in-depth analysis of international trade issues. Attorneys, economists and political scientists adopt a common viewpoint, entitled 'transcending the ostensible'. This approach directs particular attention to the possibility that WTO legal institutions, like other international legal institutions, will function in unexpected ways due to the political and economic conditions of the international environment in which they have been created, and in which they operate. A range of trade problems are considered here. Topics include the constitutional dimensions of international trade law, adding subjects and restructuring existing subjects to international trade law, the legal relations between developed and developing countries, and the operation of the WTO dispute settlement procedure. This will be an essential volume for professionals and academics involved with international trade policy.
Book Synopsis Industrial Policy and the World Trade Organization by : Sherzod Shadikhodjaev
Download or read book Industrial Policy and the World Trade Organization written by Sherzod Shadikhodjaev and published by Cambridge University Press. This book was released on 2018-11-08 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The severe global financial crisis of 2008 could not be overcome without government interventions through industrial policy. This timely book analyses industrial policy from the perspectives of trade law and economics under the WTO system. The author expertly examines both general tools of protecting and supporting domestic producers and specific topics like special economic zones, localization, greening measures and creative economy. In addition to legal texts and jurisprudence, this book extensively utilizes other WTO materials to show what is actually discussed in WTO meetings and forums on relevant issues. Where applicable, the author advances practical recommendations for 'right' or 'optimal' industrial policy in certain contexts based on trade rules, case law and some countries' real experiences. The author concludes this work with some thoughts on concrete actions to be taken at the WTO and national levels and in academic circles in order to better tackle industrial policy issues.
Book Synopsis WTO Law and Developing Countries by : George A. Bermann
Download or read book WTO Law and Developing Countries written by George A. Bermann and published by Cambridge University Press. This book was released on 2011-08-18 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining developing countries within the WTO, it's easy to see there is a disconnect between what was expected from the WTO and what is actually being done for the developing countries. This book examines the different aspects of law within the WTO and how the developing countries are reacting to the Doha Developmental round, which took place after the September 11th attacks. This book also examines the differences between what the developing countries require and what they expect from the WTO which is not homogenous.
Author :Robert Z. Lawrence Publisher :Peterson Institute for International Economics ISBN 13 : Total Pages :140 pages Book Rating :4.:/5 (318 download)
Book Synopsis Crimes & Punishments? by : Robert Z. Lawrence
Download or read book Crimes & Punishments? written by Robert Z. Lawrence and published by Peterson Institute for International Economics. This book was released on 2003 with total page 140 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.
Book Synopsis The WTO and International Trade Law/dispute Settlement by : Petros C. Mavroidis
Download or read book The WTO and International Trade Law/dispute Settlement written by Petros C. Mavroidis and published by Edward Elgar Publishing. This book was released on 2005 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of dispute resolution within the WTO and its evolution over time have attracted the attention of numerous scholars. This volume brings together a selection of papers by prominent scholars working in a range of disciplines. The collection is divided into six parts. The first addresses broad questions about the scope and function of the dispute resolution system. Part II considers the relationship between the dispute system and national authorities, while part III focuses more narrowly on the remedies for breach of legal obligations in the WTO system. Part IV examines litigation and settlement questions. Part V considers the pre-WTO environment and the role of unilateralism in the enforcement of commitments under GATT. The final section looks at broader systemic issues. This insightful volume will be an essential source of reference for students and practitioners alike. 25 articles, dating from 1992 to 2003
Book Synopsis EU Liability and International Economic Law by : Armin Steinbach
Download or read book EU Liability and International Economic Law written by Armin Steinbach and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides both a legal and economic assessment of an increasingly important issue for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international economic law. However, liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position, being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of WTO law. By contrast, international investment law has been designed in an 'individualistic' manner from the outset – states agree reciprocally to grant certain procedural and substantial individual rights, which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law, the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law, liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from Member States to the EU and the nature of investment agreements as mixed agreements. Against this backdrop, exploring liability issues in the area of international economic law reveals a heterogeneous set of questions depending on the area of law concerned, thus offering different perspectives for studying liability issues.
Book Synopsis Introduction to Trade Policy by : Aluisio Lima-Campos
Download or read book Introduction to Trade Policy written by Aluisio Lima-Campos and published by Routledge. This book was released on 2017-11-10 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Trade Policy provides a comprehensive overview of the rules and regulations that govern trade flow. It discusses the trade policy formulation process of major international economic players, and analyzes existing trade policy tools that countries may resort to in order to take advantage of the benefits of international trade and to protect themselves against its dangers, as well as their implications for trade policy, law and negotiations. In Section I, the book explores the ways in which interest groups interact with government and legislators to shape trade policies. By developing an analytical view of trade policy formulation systems in the U.S., European Union, the BRICS countries (Brazil, Russia, India, China and South Africa), Canada, Mexico and Australia, the book will help the reader to gain a better understanding of these countries’ trade policy developments and also to apply such learning to the analysis of the trade policy formulation of any other countries. Section II goes on to explain how trade policy tools are used by governments to achieve trade and other policy objectives, while Section III analyses trade in services and the multilateral trade rules on Intellectual Property. Finally, Section IV uses hypothetical case studies in simulation exercises to illustrate trade policy decision-making and trade agreement negotiations in a bilateral, plurilateral and multilateral setting. This is the ideal introduction to international trade policy formulation for students and professionals in the areas of law, politics, economics and public policy who are seeking to develop a global view of international trade, gain insights into trade negotiations and understand the motivations behind the policies and actions of governments regarding international trade issues. This book is also the ideal companion to any traditional legal casebook on international trade or on international economic law.
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.
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:
Book Synopsis Dispute Settlement at the WTO by : Gregory C. Shaffer
Download or read book Dispute Settlement at the WTO written by Gregory C. Shaffer and published by Cambridge University Press. This book was released on 2014-02-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
