The Role Of The Judge In International Trade Regulation

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The Role of the Judge in International Trade Regulation

Author : Thomas Cottier
Publisher : University of Michigan Press
ISBN 13 : 047202499X
Total Pages : 377 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Role of the Judge in International Trade Regulation by : Thomas Cottier

Download or read book The Role of the Judge in International Trade Regulation written by Thomas Cottier and published by University of Michigan Press. This book was released on 2009-12-22 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.

Treaty Interpretation by the WTO Appellate Body

Author : Isabelle Van Damme
Publisher :
ISBN 13 : 0199562237
Total Pages : 487 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Treaty Interpretation by the WTO Appellate Body by : Isabelle Van Damme

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.

Judicial Deference in International Adjudication

Author : Johannes Hendrik Fahner
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932291
Total Pages : 318 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Deference in International Adjudication by : Johannes Hendrik Fahner

Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.

Good Faith in the Jurisprudence of the WTO

Author : Marion Panizzon
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312772
Total Pages : 434 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Good Faith in the Jurisprudence of the WTO by : Marion Panizzon

Download or read book Good Faith in the Jurisprudence of the WTO written by Marion Panizzon and published by Bloomsbury Publishing. This book was released on 2006-10-19 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies. The Panel reports and the Appellate Body decisions make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively; that is, they apply good faith to fill lacunae in any of the WTO covered agreements. Also, adjudicators use the principle differently, depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement. As it applies to the former, good faith is used to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception to trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism. The book also introduces the novel field of WTO procedural law governing trade dispute litigation. In the Dispute Settlement Understanding (DSU), good faith appears in the standard of review, rules of evidence and fact-finding, standing, duty of prior consultation, right of establishment of a panel, ex officio investigations, withdrawal of notices of appeal, and the raising of objections. In all these areas it ensures that the rules of dispute resolution are not abused. The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly, promptly and effectively. Insights into good faith in WTO law are not only important for trade law professionals. Current applications and future operations of the principle are likely to be of strategic value for answering the increasingly pressing question of how WTO law and other international agreements ought to be reconciled.

Trade in Water Under International Law

Author : Fitzgerald Temmerman
Publisher : Edward Elgar Publishing
ISBN 13 : 178536913X
Total Pages : 271 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Trade in Water Under International Law by : Fitzgerald Temmerman

Download or read book Trade in Water Under International Law written by Fitzgerald Temmerman and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.

International Trade in Services and Domestic Regulations

Author : Panagiotis Delimatsis
Publisher : OUP Oxford
ISBN 13 : 0191566705
Total Pages : 364 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis International Trade in Services and Domestic Regulations by : Panagiotis Delimatsis

Download or read book International Trade in Services and Domestic Regulations written by Panagiotis Delimatsis and published by OUP Oxford. This book was released on 2007-12-27 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005 the WTO Appellate body ruled that the United States' total prohibition on cross border gambling services was unlawful under the General Agreement on Trade in Services (GATS). The questions raised by the case - whether and how a Government could block service provision on moral grounds - went to the heart of key controversies surrounding international economic law. How do you reconcile a liberal system of international trade in services with national governments' desire to protect social values through service regulation? How much control are the WTO members willing to transfer to the WTO? How much regulatory diversity can the international trading system withstand? This book provides a comprehensive analysis of the regulation of services under the WTO's GATS Agreement. Through a thorough examination of the GATS negotiation history, substantive provisions, judicial interpretation, and ongoing reform process, the book presents a clear picture of how the multilateral trading system justifies and tolerates regulatory diversity. In this respect, the book focuses on the core general principles of necessity and transparency, which would allow the assessment of the consistency with the GATS of domestic regulations in services at a horizontal, cross-sectoral level. In addition, the book reviews with a critical eye the ongoing GATS negotiations on the creation of rules on domestic regulations.

The Oxford Handbook on The World Trade Organization

Author : Amrita Narlikar
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.

Standards of Review in WTO Dispute Resolution

Author : Matthias Oesch
Publisher : Oxford University Press, USA
ISBN 13 : 9780199268924
Total Pages : 306 pages
Book Rating : 4.2/5 (689 download)

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Book Synopsis Standards of Review in WTO Dispute Resolution by : Matthias Oesch

Download or read book Standards of Review in WTO Dispute Resolution written by Matthias Oesch and published by Oxford University Press, USA. This book was released on 2003 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.

The World Trade Organization

Author : International Trade Law Center
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.

International Law in Financial Regulation and Monetary Affairs

Author : Thomas Cottier
Publisher : Oxford University Press
ISBN 13 : 0199668191
Total Pages : 470 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Law in Financial Regulation and Monetary Affairs by : Thomas Cottier

Download or read book International Law in Financial Regulation and Monetary Affairs written by Thomas Cottier and published by Oxford University Press. This book was released on 2012-10-04 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.

Regulation Versus Litigation

Author : Daniel P. Kessler
Publisher : University of Chicago Press
ISBN 13 : 0226432181
Total Pages : 344 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler

Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.

The WTO Dispute Settlement System

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
ISBN 13 : 1803921749
Total Pages : 640 pages
Book Rating : 4.8/5 (39 download)

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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.

Domestic Regulation and Service Trade Liberalization

Author : Pierre Sauve
Publisher : World Bank Publications
ISBN 13 : 0821383434
Total Pages : 246 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Domestic Regulation and Service Trade Liberalization by : Pierre Sauve

Download or read book Domestic Regulation and Service Trade Liberalization written by Pierre Sauve and published by World Bank Publications. This book was released on 2003-08-29 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Competitiveness and Death

Author : Gary Winslett
Publisher : University of Michigan Press
ISBN 13 : 047213227X
Total Pages : 341 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Competitiveness and Death by : Gary Winslett

Download or read book Competitiveness and Death written by Gary Winslett and published by University of Michigan Press. This book was released on 2021-03-09 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competitiveness and Death examines the increase and reduction of regulatory barriers to trade across three industries: environmental, labor, and safety rules on automobiles, consumer protection regulations on meat, and intellectual property regulations on medicines. The fundamental negotiation in trade and regulatory policymaking occurs between businesses, activists, and government officials. Gary Winslett builds on new trade theories to explain when and why businesses are most likely to lobby governments to reduce these regulatory trade barriers. He argues that businesses prevail when they can connect with broader concerns about national economic competitiveness. He examines how activist organizations overcome collective action problems and defend regulatory differences, arguing that they succeed when they can link their desire for barriers with preventing needless death. Competitiveness and Death provides a political companion to new trade theories in economics, questioning cleavage-based explanations of trade politics, demonstrating the underappreciated importance of activists, suggesting the limits of globalization, providing in-depth examination of previously ignored trade negotiations, qualifying the California Effect (the shift toward stricter regulatory standards), and showing the relative rarity of regulations used as disguised protectionism.

Banking Regulation and World Trade Law

Author : Lazaros E. Panourgias
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Banking Regulation and World Trade Law by : Lazaros E. Panourgias

Download or read book Banking Regulation and World Trade Law written by Lazaros E. Panourgias and published by Hart Publishing. This book was released on 2006-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Banking Regulation and World Trade Law concerns the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalisation of financial services trade in the World Trade Organization, the accords of the Basel Committee on Banking Supervision and the European Central Bank. The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralised/nation-based banking regulation and supervision as a foundation for a sustainable liberalisation of international trade in financial services. The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored: the book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision. In seeking to delineate the interface between international economic law and banking regulation, Dr Panourgias builds on the rich European scholarship on institutional financial issues and the US interdisciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field. The book will be of particular interest to those concerned with financial law and international banking.

Global Business Regulation

Author : John Braithwaite
Publisher : Cambridge University Press
ISBN 13 : 9780521780339
Total Pages : 194 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis Global Business Regulation by : John Braithwaite

Download or read book Global Business Regulation written by John Braithwaite and published by Cambridge University Press. This book was released on 2000-02-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.