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The Use Of Retaliations In The Wto System
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Book Synopsis The Use of Retaliations in the WTO-System by : Dunja Lösgen
Download or read book The Use of Retaliations in the WTO-System written by Dunja Lösgen and published by GRIN Verlag. This book was released on 2011 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studienarbeit aus dem Jahr 2011 im Fachbereich BWL - Recht, Carl von Ossietzky Universität Oldenburg, Sprache: Deutsch, Abstract: Table of Contents 1. Table of Figures 3 2. List of Abbreviations 4 3. Introduction 5 4. The World Trade Organization 5 4.1 The Dispute Settlement Understanding 5 4.1.1 The Implementation Stage 6 4.1.2 Compensation and the Suspension of Concessions 8 5. The Use of Retaliations in the Dispute Settlement Procedure 9 5.1 Three-Stage Retaliation 9 5.2 Possibility of Arbitration within the DSU 10 6. The WTO Retaliation System in Practice 11 6.1 Problems within the WTO Retaliation System 11 6.2 Cases of Retaliation under the Dispute Settlement System 12 6.2.1 Statistical Overview of Retaliations within the WTO 12 7. Conclusion 14 Bibliography 15
Book Synopsis Crimes And Punishments? by : Robert Z Lawrence
Download or read book Crimes And Punishments? written by Robert Z Lawrence and published by Columbia University Press. This book was released on 2003-10-15 with total page 122 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 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 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 203 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 Tariff Retaliation Versus Financial Compensation in the Enforcement of International Trade Agreements by : Nuno Limão
Download or read book Tariff Retaliation Versus Financial Compensation in the Enforcement of International Trade Agreements written by Nuno Limão and published by World Bank Publications. This book was released on 2006 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The authors analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. They show that monetary fines are more efficient than tariffs in terms of granting compensation to injured parties when there are violations in equilibrium. However, fines suffer from an enforcement problem since they must be paid by the violating country. If fines must ultimately be supported by the threat of retaliatory tariffs, they fail to yield a more cooperative outcome than the current system. The authors also consider the use of bonds as a means of settling disputes. If bonds can be posted with a third party, they do not have to be supported by retaliatory tariffs and can improve the negotiating position of countries that are too small to threaten tariff retaliation. "--World Bank web site.
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.
Author :Marco Tulio Molina Tejeda Publisher :Kluwer Law International B.V. ISBN 13 :9041185976 Total Pages :661 pages Book Rating :4.0/5 (411 download)
Book Synopsis Practical Aspects of WTO Litigation by : Marco Tulio Molina Tejeda
Download or read book Practical Aspects of WTO Litigation written by Marco Tulio Molina Tejeda and published by Kluwer Law International B.V.. This book was released on 2020-07-08 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.
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 Non-Compliance in WTO Dispute Settlement by : Michelle Limenta
Download or read book Non-Compliance in WTO Dispute Settlement written by Michelle Limenta and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper concerns the purposes of WTO retaliation. There are two most competing purposes of WTO retaliation: inducing compliance and rebalancing. My paper introduces another purpose of retaliation that is reflected in the EC - Hormones dispute: inducing a mutually agreeable solution. In May 2009 the European Union and the United States signed a memorandum of understanding (MOU) implementing an agreement that promises to end the long-standing dispute on hormone-treated beef. The memorandum sets up three phases in which the European Union would get to maintain its ban on the import of hormone-treated beef, but concurrently would provide a new tariff-free import quota for high-quality beef from the United States. In return, the United States would reduce and terminate its retaliatory measures on certain European Union exports. Accordingly, retaliatory sanctions imposed by the United States would be terminated not because the European Union has removed its inconsistent measures, but because both states have reached and agreed upon a mutually satisfactory settlement. Put differently, retaliation measures imposed by the United States do not induce the withdrawal of the inconsistent measures (compliance) but a mutually agreeable solution. The questions are does the DSU contemplate this purpose? Does this kind of purpose undermine the WTO dispute settlement system? My paper provides four primary arguments to promote the purpose of inducing a mutually agreeable solution: (1) WTO retaliation has multiple purposes; (2) Articles 22.8 and 3.7 of the DSU provide a legal basis for this purpose [inducing a mutually agreeable solution]; (3) this purpose supports the aim of the WTO dispute settlement system stipulated under Article 3.2 of the DSU (security and predictability); and (4) this purpose is the best alternative or option to settle the dispute when the purpose of inducing compliance is not attainable.
Book Synopsis Tariff Retaliation Versus Financial Compensation in the Enforcement of International Trade Agreements by : Nuno Lim??o
Download or read book Tariff Retaliation Versus Financial Compensation in the Enforcement of International Trade Agreements written by Nuno Lim??o and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. They show that monetary fines are more efficient than tariffs in terms of granting compensation to injured parties when there are violations in equilibrium. However, fines suffer from an enforcement problem since they must be paid by the violating country. If fines must ultimately be supported by the threat of retaliatory tariffs, they fail to yield a more cooperative outcome than the current system. The authors also consider the use of bonds as a means of settling disputes. If bonds can be posted with a third party, they do not have to be supported by retaliatory tariffs and can improve the negotiating position of countries that are too small to threaten tariff retaliation.
Book Synopsis In Place of Inter-state Retaliation by : William Phelan
Download or read book In Place of Inter-state Retaliation written by William Phelan and published by . This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.
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 Does Trade Retaliation Work? How Members Learned Effective Retaliation at the WTO and Applied Those Strategies to the Trump Tariffs by : Marc D. Froese
Download or read book Does Trade Retaliation Work? How Members Learned Effective Retaliation at the WTO and Applied Those Strategies to the Trump Tariffs written by Marc D. Froese and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2018 the Trump Administration imposed tariffs on solar panels, washing machines, steel, aluminum, and goods from China. Affected states responded with retaliatory tariffs outside WTO dispute settlement because the US was blocking Appellate Body appointments. Superficially, trade retaliation appears to be a breakdown in reciprocity. But it is not necessarily indicative of the failure of the reciprocity principle. Retaliation has always been a part of the postwar trade governance system and has been critical to resolving a small number of important disputes. This paper explains how the negative reciprocity norm functions in the multilateral trading order. Drawing from an original dataset of 26 disputes, it develops a qualitative empirical analysis to explain how Members fight battles over compliance at the WTO using countermeasures designed to exert political pressure. Three case studies show that members levy targeted retaliatory sanctions for two reasons: to increase friction that keeps the issue in front of national decision makers (negative reciprocity) and to create a bargaining position from which to negotiate a path back to cooperation. Lessons learned at the WTO informed a retaliatory response to the Trump tariffs when targeted countermeasures were again used in the search for a political settlement.
Book Synopsis Antidumping and Retaliation Threats by : Bruce A. Blonigen
Download or read book Antidumping and Retaliation Threats written by Bruce A. Blonigen and published by . This book was released on 2001 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines how the prospect of foreign retaliation affects the antidumping (AD) process in the United States. We separate the capacity for retaliation into two channels: (i) the capacity for foreign government retaliation under the dispute settlement procedures of the GATT/WTO system, and (ii) the capacity for foreign industry retaliation through reciprocal claims of dumping and the foreign pursuit of AD duties in countries with AD regimes. Using a nested logit framework and analyzing U.S. AD cases between 1980 and 1998, we find significant empirical evidence consistent with the theory that U.S. industry is influenced by the threat of reciprocal foreign ADDs in its decision of which foreign countries to name in the initial AD petition, and that the U.S. AD authority's antidumping decisions are influenced by the threat of foreign retaliation under the GATT/WTO dispute settlement mechanism.
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 The Myth of 'Rebalancing' Retaliation in WTO Dispute Settlement Practice by : Holger Spamann
Download or read book The Myth of 'Rebalancing' Retaliation in WTO Dispute Settlement Practice written by Holger Spamann and published by . This book was released on 2010 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally assumed that trade retaliation under the WTO performs some kind of `rebalancing` by allowing the injured Member to suspend `concessions and obligations` vis-agrave;-vis the violating Member of a level equivalent to the level of `nullification and impairment` suffered by the injured Member. This article argues that this perception is misguided. The article first questions if a sensible comparator exists with which equivalence for purposes of `rebalancing` could be evaluated. It then argues that WTO arbitration decisions do not even succeed in their limited goal of providing for retaliation that will affect trade in the same amount as the WTO-inconsistent measure at issue. One reason is the use of an asymmetric and underspecified trade effects comparator. The other reason is very significant miscalculation of the trade effects of the violation, as shown by detailed legal-economic analysis of all relevant arbitration decisions. The decisions concerning countermeasures against prohibited export subsidies do not make any attempt at `rebalancing` in the first place. The article considers political explanations of arbitration decisions. It concludes with some suggestions for improvement.
Book Synopsis The Feasibility of Retaliation as a Trade Remedy Under the WTO Dispute Settlement Understanding by : Clare Olaki
Download or read book The Feasibility of Retaliation as a Trade Remedy Under the WTO Dispute Settlement Understanding written by Clare Olaki and published by . This book was released on 2007 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of the research was to determine the viability of retaliation as a trade remedy under the Dispute Settlement Understanding. It was to establish whether retaliation as a remedy is beneficial to the entire WTO membership and system. The specific objectives were: to examine the feasibility of damages as an alternative remedy to retaliation; to determine whether there is a need to revise the Dispute Settlement Understanding, for it to adopt a more development friendly approach to dispute resolution; to make recommendations regarding the improvement of the Dispute Settlement Understanding.
