Recognition and Regulation of Safeguard Measures Under GATT/WTO

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Author :
Publisher : Routledge
ISBN 13 : 1136702946
Total Pages : 316 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Recognition and Regulation of Safeguard Measures Under GATT/WTO by : Sheela Rai

Download or read book Recognition and Regulation of Safeguard Measures Under GATT/WTO written by Sheela Rai and published by Routledge. This book was released on 2011-05-11 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.

The Persistent Puzzle of Safeguards

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Author :
Publisher :
ISBN 13 :
Total Pages : 67 pages
Book Rating : 4.:/5 (83 download)

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Book Synopsis The Persistent Puzzle of Safeguards by : A. O. Sykes

Download or read book The Persistent Puzzle of Safeguards written by A. O. Sykes and published by . This book was released on 2004 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent WTO dispute between the United States and eight complainant nations over protective measures for the steel industry brought widespread attention to a little known area of WTO law - the rules governing 'safeguard measures, ' the temporary protection of troubled industries against import surges. The use of safeguard measures is normatively controversial, although their welfare implications are much less clear than their critics sometimes suggest. This paper makes the point that WTO rules, as interpreted by recent Appellate Body decisions and applied by the dispute panel in the steel case, pose nearly insurmountable hurdles to the legal use of safeguard measures by WTO members. Among other things, the current interpretation of the 'nonattribution' requirement for the use of safeguard measures in the WTO Safeguards Agreement obliges members to make a demonstration that is logically impossible as an economic matter. Those who believe that safeguard measures are merely wasteful protectionism may welcome such impediments to their use, but it is not obvious that the trading system will benefit in the long run, and there can be little doubt that one key objective of the Uruguay Round negotiators - to revive the use of disciplined, temporary safeguard actions - is being frustrated.

The Regulation of International Trade

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Author :
Publisher : Routledge
ISBN 13 : 1136291768
Total Pages : 961 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis The Regulation of International Trade by : Michael Trebilcock

Download or read book The Regulation of International Trade written by Michael Trebilcock and published by Routledge. This book was released on 2013-05-07 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock and Howse here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. *competition Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of preferential trade agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007-2010 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.

Understanding Trade Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857931466
Total Pages : 223 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Understanding Trade Law by : Michael J. Trebilcock

Download or read book Understanding Trade Law written by Michael J. Trebilcock and published by Edward Elgar Publishing. This book was released on 2011 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fantastic introduction to international trade! Trebilcock does an outstanding job in breaking through the myth that international trade is somehow too hard to learn without years of study. The field is in desperate need of an expertly written yet accessible presentation, and now it has one. This should be everyones first book on the subject. - Andrew Guzman, University of California, US Michael Trebilcock is one of the leading scholars in the world on the law and economics of international trade. In this compact volume, he offers a concise and lucid survey of the legal and policy issues associated with this increasingly important body of law. It gives non-specialists an accessible introduction to the major issue areas, and is full of insights that specialists will find useful as well. - Alan O. Sykes, Stanford Law School, US This elegantly written and essential volume fills three important gaps. First, it provides an admirably accessible and precise explanation of international trade law, serving to inform students and neophyte practitioners. Second, it encapsulates Prof. Trebilcocks mastery of the doctrine and economic rationales of trade law, serving to inform scholars and advanced practitioners. Third, it develops a well-informed, nuanced, and wise critique of trade law, pointing the way forward for policy-makers. - Joel P. Trachtman, Tufts University, US Michael Trebilcock is one of the intellectual giants in the law of international trade. This work makes an important contribution to our understanding of trade law and will become a classic in the field. It is masterly. - Jagdish Bhagwati, Columbia University, US This book provides a short, straightforward account of the basic structure and principles of international trade law written by one of the leading authorities in this field. The book covers, in a series of short chapters, all the major issues in international trade law, including dispute settlement; the Most Favoured Nation Principle; preferential trade agreements; the National Treatment Principle; contingent protection laws (anti-dumping, countervailing duties and safeguards); trade and agriculture; trade and services; trade and investment; trade-related intellectual property rights; trade policy and domestic health; safety, environmental and labour regulation; and trade policy and developing countries. Each chapter sets out the basic provisions and relevant GATT/WTO agreements governing the issues in question, the central issues or conflicts that have arisen in the interpretation and application of these provisions, leading GATT/WTO case law generated by the formal dispute settlement processes of the GATT/WTO, and unresolved issues that remain a matter of controversy.

The Challenge of Safeguards in the WTO

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316061892
Total Pages : 419 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis The Challenge of Safeguards in the WTO by : Fernando Piérola

Download or read book The Challenge of Safeguards in the WTO written by Fernando Piérola and published by Cambridge University Press. This book was released on 2014-09-08 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case.

The Regulation of International Trade

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Author :
Publisher : Psychology Press
ISBN 13 : 9780415700344
Total Pages : 780 pages
Book Rating : 4.7/5 (3 download)

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Book Synopsis The Regulation of International Trade by : Michael J. Trebilcock

Download or read book The Regulation of International Trade written by Michael J. Trebilcock and published by Psychology Press. This book was released on 2005 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated, this new edition takes account of the most recent developments in international trade. Drawing on the success of the earlier edition, it provides a comprehensive introduction to the rules and institutions that govern international trade, including: competition, labor rights, the Multilateral Agreement of Investment, the Basic Telecoms and Financial Services World Trade Organization (WTO) Agreements, and an analysis of the first three years of WTO dispute rulings. Copyright © Libri GmbH. All rights reserved.

The Persistent Puzzles of Safeguards

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Persistent Puzzles of Safeguards by :

Download or read book The Persistent Puzzles of Safeguards written by and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent WTO dispute between the United States and eight complainant nations over protective measures for the steel industry brought widespread attention to a little known area of WTO law - the rules governing `safeguard measures`, the temporary protection of troubled industries against import surges. The use of safeguard measures is normatively controversial, although their welfare implications are much less clear than their critics sometimes suggest. This paper makes the point that WTO rules, as interpreted by recent Appellate Body decisions and applied by the dispute panel in the steel case, pose nearly insurmountable hurdles to the legal use of safeguard measures by WTO members. Among other things, the current interpretation of the `nonattribution` requirement for the use of safeguard measures in the WTO Safeguards Agreement obliges members to make a demonstration that is logically impossible as an economic matter. Those who believe that safeguard measures are merely wasteful protectionism may welcome such impediments to their use, but it is not obvious that the trading system will benefit in the long run, and there can be little doubt that one key objective of the Uruguay Round negotiators - to revive the use of disciplined, temporary safeguard actions - is being frustrated.

Safeguard Measures in World Trade

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781956073
Total Pages : 403 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Safeguard Measures in World Trade by : Yong-Shik Lee

Download or read book Safeguard Measures in World Trade written by Yong-Shik Lee and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Safeguard Measures in World Trade tackles the controversial issue of restrictions on imports. Professor Yong-Shik Lee skillfully argues that Safeguards interfere substantially with the normal stream of trade, and their improper application undermines t

Distributive Justice and World Trade Law

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Publisher : Cambridge University Press
ISBN 13 : 1108415814
Total Pages : 423 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Distributive Justice and World Trade Law by : Oisin Suttle

Download or read book Distributive Justice and World Trade Law written by Oisin Suttle and published by Cambridge University Press. This book was released on 2018 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.

The WTO Regime on Government Procurement

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Publisher : Cambridge University Press
ISBN 13 : 1139501429
Total Pages : 895 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The WTO Regime on Government Procurement by : Sue Arrowsmith

Download or read book The WTO Regime on Government Procurement written by Sue Arrowsmith and published by Cambridge University Press. This book was released on 2011-04-28 with total page 895 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

The Oxford Handbook on The World Trade Organization

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Publisher : OUP Oxford
ISBN 13 : 0191628441
Total Pages : 880 pages
Book Rating : 4.1/5 (916 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 OUP Oxford. This book was released on 2012-05-31 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook on the World Trade Organization provides an authoritative and cutting-edge account of the World Trade Organization. Its purpose is to provide a holistic understanding of what the WTO does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges. The Handbook benefits from an interdisciplinary approach. The editorial team comprises a transatlantic partnership between a political scientist, a historian, and an economist. The distinguished and international team of contributors to the volume includes leading political scientists, historians, economists, lawyers, and practitioners working in the area of multilateral trade. All the chapters present original and state-of-the-art research material. They critically engage with existing academic and policy debates, and also contribute to the evolution of the field by setting the agenda for current and future WTO studies.The Handbook is aimed at research institutions, university academics, post-graduate students, and final-year undergraduates working in the areas of international organization, trade policy and negotiations, global economic governance, and economic diplomacy. As such, it should find an enthusiastic readership amongst students and scholars in History, Economics, Political Science, International Relations, Public Policy, and Law. Equally important, the book should have direct relevance for diplomats, international bureaucrats, government officials, and other policy-makers and practitioners in the area of trade and economic governance.

Free Trade and Cultural Diversity in International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251162
Total Pages : 196 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Free Trade and Cultural Diversity in International Law by : Jingxia Shi

Download or read book Free Trade and Cultural Diversity in International Law written by Jingxia Shi and published by Bloomsbury Publishing. This book was released on 2013-04-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

The Development of World Trade Organization Law

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Publisher : Oxford University Press
ISBN 13 : 019102581X
Total Pages : 395 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Development of World Trade Organization Law by : Gregory Messenger

Download or read book The Development of World Trade Organization Law written by Gregory Messenger and published by Oxford University Press. This book was released on 2016-01-28 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.

International Trade Rules and the Agriculture Sector

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Publisher : Food & Agriculture Org.
ISBN 13 : 9789251058855
Total Pages : 448 pages
Book Rating : 4.0/5 (588 download)

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Book Synopsis International Trade Rules and the Agriculture Sector by : Victor Mosoti

Download or read book International Trade Rules and the Agriculture Sector written by Victor Mosoti and published by Food & Agriculture Org.. This book was released on 2007 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the establishment of the WTO, there have been significant changes in the legal and institutional landscape of many developing countries. Whatever the motivation for trade-related legal reform, our experience in the FAO Legal Office has been that besides the substantial costs involved, there are many challenges to successful and meaningful legal and institutional reforms. Legal drafters must therefore be well aware of the existing legal and administrative culture. They must also have a realistic appreciation of the resource constraints in the country, for inadequate resources certainly restrict the ability of implementing bodies to put new rules into practice. This study is about the nature and extent of these trade-related legal and institutional reforms with a particular focus on those of direct relevance to the agricultural sector. In addition to the sectoral focus on agriculture, the study places distinct emphasis on the challenges of developing countries in the implementation of trade-related international obligations in the agricultural sector. It derives from FAO's experience in advising countries on the implementation of agriculture-related WTO agreements, key elements of which are discussed and illustrated by three representative case studies.

Aid for Trade and Development

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Publisher : Cambridge University Press
ISBN 13 : 1139471236
Total Pages : 389 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Aid for Trade and Development by : Dominique Njinkeu

Download or read book Aid for Trade and Development written by Dominique Njinkeu and published by Cambridge University Press. This book was released on 2007-12-24 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following in the wake of the World Trade Organization's engagement with Aid for Trade, this book brings together a range of perspectives around this emerging issue. The collection of articles in this volume presents many of the ideas elaborated through research conducted by International Lawyers and Economists Against Poverty (ILEAP) since 2005 and is intended to provide a basis for further study. Since many of the contributions on aid for trade to date have come from the North, the book looks to deepen the debate by forwarding voices and experiences from the South. The book traces the evolution of Aid for Trade from its beginnings and examines the global architecture, modalities, and costs associated with its implementation. Drawing on lessons from national and regional experiences, this book further explores ways in which Aid for Trade can both move forward and become a real tool for poverty reduction in beneficiary countries.

Introduction to Trade Policy

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Author :
Publisher : Routledge
ISBN 13 : 1317196627
Total Pages : 312 pages
Book Rating : 4.3/5 (171 download)

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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.

Journal of World Trade Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 696 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis Journal of World Trade Law by :

Download or read book Journal of World Trade Law written by and published by . This book was released on 2007-02 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: