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Voluntary Export Restraints In Wto And Eu Law
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Book Synopsis Voluntary Export Restraints in WTO and EU Law by : Sabina Nüesch
Download or read book Voluntary Export Restraints in WTO and EU Law written by Sabina Nüesch and published by Peter Lang. This book was released on 2010 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The initial leaps forward in international trade liberalisation were achieved under the auspices of the General Agreement on Tariffs and Trade (GATT) when trade barriers in the form of tariffs were significantly reduced or removed up until the mid-1970s. However, this advancement was counteracted by a «new protectionism» which surfaced in the oil crises and the subsequent world economic recession. The term «new» was not to indicate the novelty of protectionist tendencies regaining momentum, but instead referred to the ever more subtle instruments, deploying non-tariff barriers to trade. Among these «grey area» measures (to use GATT parlance) are the voluntary export restraints (VERs) which unfolded insidiously over the years. Whereas the proliferation of VERs has attracted abundant economic studies and political debate, it found only limited legal discussion. Despite their outright ban in the Uruguay Round (when VERs were outlawed by the Agreement on Safeguards), the rare instances where VERs have actually been challenged is clearly unrepresentative of their propagation. The aim of this thesis is to elaborate on the popularity of VERs, to examine the lack of judicial consideration afforded to them, expanding therefore on the intersection of international trade regulation with competition law, economics and international political economy.
Book Synopsis The Return of Voluntary Export Restraints? by : Geraldo Vidigal
Download or read book The Return of Voluntary Export Restraints? written by Geraldo Vidigal and published by . This book was released on 2019 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the renegotiation of its Free Trade Agreement with the United States, South Korea has agreed to cut by 30% it steel exports to the US. In NAFTA negotiations, it is reported that Mexico has also agreed to a quota on auto exports, after which Mexican autos would be subject to more-than-MFN tariffs. Other WTO Members have accepted the application by the US of quotas on their steel an aluminium exports, avoiding additional tariffs on their products. These agreed limitations on exports bring back the spectre of 'voluntary export restraints', a widespread practice of the 1980s that was outlawed in the Uruguay Round Agreements. This article discusses the ways in which WTO law regulates, and does not regulate, agreements between WTO Members to limit parties' rights under WTO law ('WTO-minus'). While WTO-minus provisions in bilateral agreements are able to influence WTO law only under very specific circumstances, the design of WTO dispute settlement is such that measures based on WTO-minus arrangements may remain unopposed for long periods of time. At the same time, if trade-restrictive measures are challenged, WTO-minus provisions are unlikely to serve as a defense before WTO adjudicators, even where the Member that gave its consent to the WTO-inconsistent measure is the one challenging it.
Book Synopsis Wto Law on Export Restrictions on Trade in Goods by : Kelly Kuan Shang
Download or read book Wto Law on Export Restrictions on Trade in Goods written by Kelly Kuan Shang and published by . This book was released on 2017-11 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions? This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values. A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong's export ban of baby milk formula, the European Union's economic sanctions against Russia, as well as New Zealand's export quality requirement for wine, single export desk requirement for kiwi fruits, and the export ban of certain minerals with spiritual values. Further analyses of these case studies revealed several underexplored types of export restrictions, and demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators. [Subject: Trade Law, WTO, Public International Law, International Law]
Book Synopsis Antidumping Industrial Policy by : Brian Hindley
Download or read book Antidumping Industrial Policy written by Brian Hindley and published by A E I Press. This book was released on 1996 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antidumping actions are increasingly used as a means of fostering and protecting "strategic industries" by both developed and developing countries. This study analyzes the antidumping systems of a number of key trading nations-the United States, major European nations, and developing countries in Asia-and traces the interconnections with industrial policy. It also describes the implications of these new actions for the multilateral trading system.
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
Book Synopsis Introduction to Trade Policy by : Aluisio Lima-Campos
Download or read book Introduction to Trade Policy written by Aluisio Lima-Campos and published by Routledge. This book was released on 2017-11-10 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Trade Policy provides a comprehensive overview of the rules and regulations that govern trade flow. It discusses the trade policy formulation process of major international economic players, and analyzes existing trade policy tools that countries may resort to in order to take advantage of the benefits of international trade and to protect themselves against its dangers, as well as their implications for trade policy, law and negotiations. In Section I, the book explores the ways in which interest groups interact with government and legislators to shape trade policies. By developing an analytical view of trade policy formulation systems in the U.S., European Union, the BRICS countries (Brazil, Russia, India, China and South Africa), Canada, Mexico and Australia, the book will help the reader to gain a better understanding of these countries’ trade policy developments and also to apply such learning to the analysis of the trade policy formulation of any other countries. Section II goes on to explain how trade policy tools are used by governments to achieve trade and other policy objectives, while Section III analyses trade in services and the multilateral trade rules on Intellectual Property. Finally, Section IV uses hypothetical case studies in simulation exercises to illustrate trade policy decision-making and trade agreement negotiations in a bilateral, plurilateral and multilateral setting. This is the ideal introduction to international trade policy formulation for students and professionals in the areas of law, politics, economics and public policy who are seeking to develop a global view of international trade, gain insights into trade negotiations and understand the motivations behind the policies and actions of governments regarding international trade issues. This book is also the ideal companion to any traditional legal casebook on international trade or on international economic law.
Book Synopsis Global Trade, Labour Rights and International Law by : Aneta Tyc
Download or read book Global Trade, Labour Rights and International Law written by Aneta Tyc and published by Routledge. This book was released on 2021-06-21 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States–Mexico–Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.
Download or read book Understanding the WTO written by and published by World Trade Organization. This book was released on 2008 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reflections on the Constitutionalisation of International Economic Law by :
Download or read book Reflections on the Constitutionalisation of International Economic Law written by and published by Martinus Nijhoff Publishers. This book was released on 2013-12-09 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann ́s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann ́s academic career and this goal stands also at the heart of this book.
Book Synopsis Customs Unions in the WTO by : Fabian Bickel
Download or read book Customs Unions in the WTO written by Fabian Bickel and published by Springer Nature. This book was released on 2021-10-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of trade measures – anti-dumping measures. This book answers the question how anti-dumping measures and legislation change if a state is in a customs union as well. In doing so, this book provides a new reasoning why anti-dumping measures are modified in customs unions, as well as a comprehensive overview of how this has happened, a legal analysis on the legality of these changes, and an answer to the question how the different institutional settings have impacted questions of responsibility and attribution. Going beyond this, this book also considers the specific problems that arise in cases of economic integration and disintegration, and finally, the impact forming a customs union has on third parties that may impose anti-dumping measures on states that are members of a customs union.
Book Synopsis Multilevel Constitutionalism for Multilevel Governance of Public Goods by : Ernst Ulrich Petersmann
Download or read book Multilevel Constitutionalism for Multilevel Governance of Public Goods written by Ernst Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first legal monograph analysing multilevel governance of global 'aggregate public goods' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches' are justified by the universal recognition of human rights and by the need to protect 'human rights', 'rule of law', 'democracy' and other 'principles of justice' that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers', 'democratic principals' and main 'republican actors', who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable.
Book Synopsis Framing Convergence with the Global Legal Order by : Elaine Fahey
Download or read book Framing Convergence with the Global Legal Order written by Elaine Fahey and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book explores the concept of convergence of the EU with the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most dramatically changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence; - global trade against convergence; - the EU as the exceptional internationalist; and - positioning convergence through methodology.
Book Synopsis Re-Examining EU Policies from a Global Perspective by : Monica Raileanu-Szeles
Download or read book Re-Examining EU Policies from a Global Perspective written by Monica Raileanu-Szeles and published by Springer. This book was released on 2013-11-21 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: New perspectives and analyses of key European policies through their past successes and failures, present challenges such as the global financial crisis and future developments. This book captures a critical turning point in the functioning of European policies and highlights the necessity of quick adjustments for critical new global developments.
Book Synopsis Transforming World Trade and Investment Law for Sustainable Development by : Ernst-Ulrich Petersmann
Download or read book Transforming World Trade and Investment Law for Sustainable Development written by Ernst-Ulrich Petersmann and published by Oxford University Press. This book was released on 2022-03-24 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"—aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)—requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.
Download or read book WTO written by Rüdiger Wolfrum and published by BRILL. This book was released on 2008 with total page 1005 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.
Book Synopsis Global Politics and EU Trade Policy by : Wolfgang Weiß
Download or read book Global Politics and EU Trade Policy written by Wolfgang Weiß and published by Springer Nature. This book was released on 2020-02-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.
Book Synopsis The Enforcement of EU Law and Values by : András Jakab
Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
