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.

The Role of Federal Courts in U.S. Customs & International Trade Law

Author : Patrick C. Reed
Publisher :
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Role of Federal Courts in U.S. Customs & International Trade Law by : Patrick C. Reed

Download or read book The Role of Federal Courts in U.S. Customs & International Trade Law written by Patrick C. Reed and published by . This book was released on 1997 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides for a clear understanding of the issues, in customs, tariff, antidumping and countervailing duty laws, as well as laws providing for embargoes, quantitative restrictions on imports, and adjustments to import competition. The text begins with the historical evolution of judicial review in import law. The current functioning of the CIT (Court of International Trade) and CAFC (Court of Appeals for the Federal Circuit) are examined in detail, as reflected in the legal doctrines of administrative law involved in the judicial review of government agencies. Topics addressed include jurisdiction, standing, sovereign immunity, exhaustion of administrative remedies, and preclusion of review. It also includes a discussion of the possible changes in the existing institutional framework for customs and international trade litigation, including possible expansions in the jurisdiction of the CIT.

The Legitimacy of International Trade Courts and Tribunals

Author : Robert Howse
Publisher : Studies on International Courts and Tribunals
ISBN 13 : 1108424473
Total Pages : 547 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Legitimacy of International Trade Courts and Tribunals by : Robert Howse

Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues

Principles of International Trade Law as a Monistic System

Author : Hercules Booysen
Publisher : Interlegal cc
ISBN 13 : 0958418152
Total Pages : 925 pages
Book Rating : 4.9/5 (584 download)

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Book Synopsis Principles of International Trade Law as a Monistic System by : Hercules Booysen

Download or read book Principles of International Trade Law as a Monistic System written by Hercules Booysen and published by Interlegal cc. This book was released on 2003 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcing World Trade Rules

Author : William J. Davey
Publisher : Cameron May
ISBN 13 : 1905017405
Total Pages : 339 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis Enforcing World Trade Rules by : William J. Davey

Download or read book Enforcing World Trade Rules written by William J. Davey and published by Cameron May. This book was released on 2006 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The WTO and International Trade Law/dispute Settlement

Author : Petros C. Mavroidis
Publisher : Edward Elgar Publishing
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.:/5 (318 download)

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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

The Courts of International Trade

Author : Isaac Unah
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Courts of International Trade by : Isaac Unah

Download or read book The Courts of International Trade written by Isaac Unah and published by . This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the Court of International Trade to illuminate the important role of specialized courts in critical areas of law

The Law of International Trade

Author : H. van Houtte
Publisher :
ISBN 13 :
Total Pages : 498 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis The Law of International Trade by : H. van Houtte

Download or read book The Law of International Trade written by H. van Houtte and published by . This book was released on 1995 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Treaty Interpretation by the WTO Appellate Body

Author :
Publisher :
ISBN 13 : 9780191705588
Total Pages : 486 pages
Book Rating : 4.7/5 (55 download)

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Book Synopsis Treaty Interpretation by the WTO Appellate Body by :

Download or read book Treaty Interpretation by the WTO Appellate Body written by and published by . This book was released on 2009 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.

The Prospects of International Trade Regulation

Author : Thomas Cottier
Publisher : Cambridge University Press
ISBN 13 : 1139501259
Total Pages : 535 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Prospects of International Trade Regulation by : Thomas Cottier

Download or read book The Prospects of International Trade Regulation written by Thomas Cottier and published by Cambridge University Press. This book was released on 2011-04-14 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.

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.

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.

Regulatory Barriers and the Principle of Non-discrimination in World Trade Law

Author : Thomas Cottier
Publisher : University of Michigan Press
ISBN 13 : 0472026445
Total Pages : 472 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Regulatory Barriers and the Principle of Non-discrimination in World Trade Law by : Thomas Cottier

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 472 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 Neuchâ tel.

The Regulation of Product Standards in World Trade Law

Author : Ming Du
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931147
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Regulation of Product Standards in World Trade Law by : Ming Du

Download or read book The Regulation of Product Standards in World Trade Law written by Ming Du and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph has two central purposes. The first is to provide a critical analysis of how governmental, private and hybrid product standards are regulated in the GATT/WTO legal framework. The second purpose is to explore – both positively and normatively – the impact that WTO disciplines may have on the composition, function and decision-making process of various standard-setting bodies through the lens of a series of selected case studies, including: the EU eco-labelling scheme; ISO standards; and private standards such as the FSC. The book analyses what role, if any, the WTO may play in making product standards applied in international trade embody not only technological superiority but also substantive and procedural fairness such as deliberation, representativeness, openness, transparency, due process and accountability. Whilst it has been long recognised that voluntary product standards drawn up by both governmental and non-governmental bodies can in practice create trade barriers as serious as mandatory governmental regulations, a rigorous and systematic inquiry into the boundary, relevance and impact of WTO disciplines on product standards is still lacking. Providing a lucid interpretation of the relevant WTO rules and cases on product standards, this book fills this significant gap in WTO law literature. Definitive and comprehensive, this is an essential reference work for scholars and practitioners alike.

Business Law I Essentials

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

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.