Theories And Practices Of Compliance With Wto Law

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Theories and Practices of Compliance with WTO Law

Author : Yenkong Ngangjoh Hodu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142088
Total Pages : 232 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Theories and Practices of Compliance with WTO Law by : Yenkong Ngangjoh Hodu

Download or read book Theories and Practices of Compliance with WTO Law written by Yenkong Ngangjoh Hodu and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.

Theories of Compliance with International Law

Author : Mark G. Burgstaller
Publisher : BRILL
ISBN 13 : 9047406761
Total Pages : 242 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Theories of Compliance with International Law by : Mark G. Burgstaller

Download or read book Theories of Compliance with International Law written by Mark G. Burgstaller and published by BRILL. This book was released on 2004-11-26 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.

Non-violation Complaints in WTO Law

Author : Tae-wŏn Kim
Publisher : Peter Lang
ISBN 13 : 9783039108541
Total Pages : 352 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Non-violation Complaints in WTO Law by : Tae-wŏn Kim

Download or read book Non-violation Complaints in WTO Law written by Tae-wŏn Kim and published by Peter Lang. This book was released on 2006 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-violation complaints are a particular feature of the WTO legal order. Ever since the GATT came into force, non-violation complaints, based upon the tradition of bilateral US Trade Agreements, have puzzled scholars and practitioners alike. This book provides an in-depth analysis of panel practice and theory on the subject. It offers a new approach to reading and interpreting non-violation within contemporary international law. The reader will find not only a comprehensive analysis but also a new theory on non-violation complaints, based upon international liability. The book will be of help to all dealing with the complexities of WTO law and litigation and assist them in understanding the functioning of the WTO.

Intellectual Property Theory and Practice

Author : Wenwei Guan
Publisher : Springer
ISBN 13 : 364255265X
Total Pages : 177 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Intellectual Property Theory and Practice by : Wenwei Guan

Download or read book Intellectual Property Theory and Practice written by Wenwei Guan and published by Springer. This book was released on 2014-07-03 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox. “Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.” – Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada “Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.” – Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University

The Oxford Handbook of International Environmental Law

Author : Lavanya Rajamani
Publisher : Oxford University Press
ISBN 13 : 0192589032
Total Pages : 1104 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani

Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

On the Legal Theory of Compliance with WTO Rulings and Mutually Agreed Solutions

Author : Akhil Raina
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis On the Legal Theory of Compliance with WTO Rulings and Mutually Agreed Solutions by : Akhil Raina

Download or read book On the Legal Theory of Compliance with WTO Rulings and Mutually Agreed Solutions written by Akhil Raina and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The World Trade Organization

Author : Mitsuo Matsushita
Publisher : Oxford University Press
ISBN 13 : 0199571856
Total Pages : 942 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The World Trade Organization by : Mitsuo Matsushita

Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.

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.

Most-favoured-nation Treatment

Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Most-favoured-nation Treatment by : United Nations Conference on Trade and Development

Download or read book Most-favoured-nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

International Courts and the Performance of International Agreements

Author : Clifford J. Carrubba
Publisher : Cambridge University Press
ISBN 13 : 1107065720
Total Pages : 253 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Courts and the Performance of International Agreements by : Clifford J. Carrubba

Download or read book International Courts and the Performance of International Agreements written by Clifford J. Carrubba and published by Cambridge University Press. This book was released on 2015 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.

A Communitarian Theory of WTO Law

Author : Chios Carmody
Publisher : Cambridge University Press
ISBN 13 : 1009463640
Total Pages : 529 pages
Book Rating : 4.0/5 (94 download)

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Book Synopsis A Communitarian Theory of WTO Law by : Chios Carmody

Download or read book A Communitarian Theory of WTO Law written by Chios Carmody and published by Cambridge University Press. This book was released on 2023-12-31 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1995 there has been intense debate about whether the WTO Agreement is just. Many observers point to the association of the treaty with intensive interdependence and the disruptive effects of globalization to assert that it is unjust. Nevertheless, justice in sovereign terms is different from justice in human terms. This book puts forward a theory of WTO law to explain the difference and its implications for the international trading system. It details how economic interdependence gives rise to an interdependent view of the relationship between different forms of justice and to interdependent obligations in WTO law. It also suggests how the WTO dispute settlement system might have a residual value as a locus for transformative outcomes despite contemporary concerns about the system's political acceptability. Taken together, such insights may assist in identifying elements of a general theory of law.

Theory and Practice of Export Control

Author : Dai Tamada
Publisher : Springer
ISBN 13 : 9811059608
Total Pages : 168 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Theory and Practice of Export Control by : Dai Tamada

Download or read book Theory and Practice of Export Control written by Dai Tamada and published by Springer. This book was released on 2017-10-12 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to focus on the theoretical and practical issues of export control. It combines the points of view of Japanese and French academics and practitioners, including personnel at several governmental institutions and private companies. Presenting the results of a collaboration between Japanese and French academics, it contributes to the development of a new debate on export control. Although export control has been discussed within the framework of international law in terms of peace and security, its scope has now been expanded to international economic law (i.e., WTO law and international investment law). This means that in order to discuss export control appropriately, the two areas of law have to be combined. At the same time, this topic is not only academic and theoretical but touches upon very real and practical aspects of trade, export, and foreign investment. When we tighten embargos and economic sanctions for anti-terrorism or anti-nuclearization purposes, we encounter more and more cases of conflict between security and the liberalization of economic relations in the world. For this reason, a wide range of collaborative work is needed in this area. This timely book addresses various aspects of the current export control debate.

A Practical Guide to Trade Policy Analysis

Author : Marc Bacchetta
Publisher :
ISBN 13 : 9789287038128
Total Pages : 0 pages
Book Rating : 4.0/5 (381 download)

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Book Synopsis A Practical Guide to Trade Policy Analysis by : Marc Bacchetta

Download or read book A Practical Guide to Trade Policy Analysis written by Marc Bacchetta and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade flows and trade policies need to be properly quantified to describe, compare, or follow the evolution of policies between sectors or countries or over time. This is essential to ensure that policy choices are made with an appropriate knowledge of the real conditions. This practical guide introduces the main techniques of trade and trade policy data analysis. It shows how to develop the main indexes used to analyze trade flows, tariff structures, and non-tariff measures. It presents the databases needed to construct these indexes as well as the challenges faced in collecting and processing these data, such as measurement errors or aggregation bias. Written by experts with practical experience in the field, A Practical Guide to Trade Policy Analysis has been developed to contribute to enhance developing countries' capacity to analyze and implement trade policy. It offers a hands-on introduction on how to estimate the distributional effects of trade policies on welfare, in particular on inequality and poverty. The guide is aimed at government experts engaged in trade negotiations, as well as students and researchers involved in trade-related study or research. An accompanying DVD contains data sets and program command files required for the exercises. Copublished by the WTO and the United Nations Conference on Trade and Development

Managing the Challenges of WTO Participation

Author : Peter Gallagher
Publisher : Cambridge University Press
ISBN 13 : 9781139449007
Total Pages : 682 pages
Book Rating : 4.4/5 (49 download)

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Book Synopsis Managing the Challenges of WTO Participation by : Peter Gallagher

Download or read book Managing the Challenges of WTO Participation written by Peter Gallagher and published by Cambridge University Press. This book was released on 2005-12-15 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 compilation of 45 case studies documents disparate experiences among economies in addressing the challenges of participating in the WTO. It demonstrates that success or failure is strongly influenced by how governments and private sector stakeholders organise themselves at home. The contributors, mainly from developing countries, give examples of participation with lessons for others. They show that when the system is accessed and employed effectively, it can serve the interests of poor and rich countries alike. However, a failure to communicate among interested parties at home often contributes to negative outcomes on the international front. Above all, these case studies demonstrate that the WTO creates a framework within which sovereign decision-making can unleash important opportunities or undermine the potential benefits flowing from a rules-based international environment that promotes open trade.

The Cambridge Handbook of Compliance

Author : Benjamin van Rooij
Publisher : Cambridge University Press
ISBN 13 : 1108754139
Total Pages : 1559 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis The Cambridge Handbook of Compliance by : Benjamin van Rooij

Download or read book The Cambridge Handbook of Compliance written by Benjamin van Rooij and published by Cambridge University Press. This book was released on 2021-05-20 with total page 1559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance has become key to our contemporary markets, societies, and modes of governance across a variety of public and private domains. While this has stimulated a rich body of empirical and practical expertise on compliance, thus far, there has been no comprehensive understanding of what compliance is or how it influences various fields and sectors. The academic knowledge of compliance has remained siloed along different disciplinary domains, regulatory and legal spheres, and mechanisms and interventions. This handbook bridges these divides to provide the first one-stop overview of what compliance is, how we can best study it, and the core mechanisms that shape it. Written by leading experts, chapters offer perspectives from across law, regulatory studies, management science, criminology, economics, sociology, and psychology. This volume is the definitive and comprehensive account of compliance.

The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence

Author : Malebakeng Agnes Forere
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162763
Total Pages : 306 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence by : Malebakeng Agnes Forere

Download or read book The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence written by Malebakeng Agnes Forere and published by Kluwer Law International B.V.. This book was released on 2015-10-12 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of the World Trade Organization (WTO). The author examines this phenomenon in great detail, and offers viable recommendations to restore coherence in the global trading system without upsetting the rights and obligations of WTO Member States. Because the WTO and RTAs must be viewed as layers of one system and must therefore have a relationship that extends to dispute settlement, such principles of subsidiarity as autonomy, mutual assistance, and flexibility are key to a successful institutional relationship between the WTO and RTAs. From this theoretical springboard, the author proceeds to analyse the following issues and more: – the relationship between WTO and RTAs based on Article XXIV of GATT; - the extent to which WTO panels can apply RTA law; - the extent to which the WTO panels can hear RTA claims; - opportunity for RTA Members to secure preliminary rulings and advisory opinions from the WTO; - recognition by WTO panels of the results of litigation or arbitration that took place at the RTA level; - opportunity for RTA Members to appeal RTA dispute settlement decisions to the WTO; and - clarification of WTO rules designed to enable RTA activities (or intervene if necessary). Major cases decided at the WTO and RTA levels that manifest conflict between RTAs and the WTO are fully analysed. Confronting directly the stagnation in negotiating and concluding new trade agreements at the multilateral level and the fragmentation of the international trade law system, this important book shows clearly how the institutional relationship between the WTO and RTAs can be restructured with a view to establishing mutual recognition of the judgments of both. In a nutshell, the book calls for reconfiguration of WTO Dispute Settlement Body to perform functions of World Trade Court that is capable of hearing disputes arising between WTO Members, RTA Members and Non-WTO Members. It will prove invaluable to all involved in the negotiation and implementation of trade agreements at every level.

Conflict of Norms in Public International Law

Author : Joost Pauwelyn
Publisher : Cambridge University Press
ISBN 13 : 1139436902
Total Pages : 557 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Conflict of Norms in Public International Law by : Joost Pauwelyn

Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.