WTO Agreement on Subsidies and Countervailing Measures

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108279511
Total Pages : 1181 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis WTO Agreement on Subsidies and Countervailing Measures by : Wolfgang Müller

Download or read book WTO Agreement on Subsidies and Countervailing Measures written by Wolfgang Müller and published by Cambridge University Press. This book was released on 2017-08-18 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.

WTO Disciplines on Subsidies and Countervailing Measures

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139916017
Total Pages : 695 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis WTO Disciplines on Subsidies and Countervailing Measures by : Dominic Coppens

Download or read book WTO Disciplines on Subsidies and Countervailing Measures written by Dominic Coppens and published by Cambridge University Press. This book was released on 2014-05-22 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.

Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures

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Publisher : Cambridge University Press
ISBN 13 : 1108474322
Total Pages : 277 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures by : José Guilherme Moreno Caiado

Download or read book Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures written by José Guilherme Moreno Caiado and published by Cambridge University Press. This book was released on 2019-05-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the WTO rules governing industrial subsidies, as established by the SCM Agreement and interpreted by relevant case law.

Subsidies, Countervailing Duties, and the WTO

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Author :
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Subsidies, Countervailing Duties, and the WTO by : Jürgen Stehn

Download or read book Subsidies, Countervailing Duties, and the WTO written by Jürgen Stehn and published by . This book was released on 1996 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The WTO Law of Subsidies

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503343
Total Pages : 728 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The WTO Law of Subsidies by : Marc Benitah

Download or read book The WTO Law of Subsidies written by Marc Benitah and published by Kluwer Law International B.V.. This book was released on 2019-05-23 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.

The WTO, Subsidies and Countervailing Measures

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781848444508
Total Pages : 0 pages
Book Rating : 4.4/5 (445 download)

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Book Synopsis The WTO, Subsidies and Countervailing Measures by : Marc Bacchetta

Download or read book The WTO, Subsidies and Countervailing Measures written by Marc Bacchetta and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidies and countervail have been the subject of much attention in recent decades. In this volume, the editors have selected seminal contributions to the literature on the economics of subsidies and countervailing duties in international trade, their role in trade agreements and their treatment in the GATT/WTO system. A close look at the welfare effects of these measures from an economic perspective sheds essential light on the use of such policy tools by governments and the economic rationale for international rules in this area. Careful economic analysis points at the strengths and weaknesses of the current arrangement and provides food for thought for further discussions on the efficient design of trade agreements. This authoritative collection, along with an original introduction by the editors, will serve as an excellent reference source for students, scholars and practitioners in the field of international trade.

WTO - Trade Remedies

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Publisher : BRILL
ISBN 13 : 9047427351
Total Pages : 1004 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis WTO - Trade Remedies by : Peter-Tobias Stoll

Download or read book WTO - Trade Remedies written by Peter-Tobias Stoll and published by BRILL. This book was released on 2008-06-25 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law and Economics of Contingent Protection in the WTO

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848440146
Total Pages : 633 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis The Law and Economics of Contingent Protection in the WTO by : Petros C. Mavroidis

Download or read book The Law and Economics of Contingent Protection in the WTO written by Petros C. Mavroidis and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal

The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131620
Total Pages : 346 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO by : Pietro Poretti

Download or read book The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO written by Pietro Poretti and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The General Agreement on Trade in Services (GATS) extends the multilateral trading system to services. Little is said In the GATS about subsidies, beyond stipulating that subsidies are subject to the existing provisions, including the most-favoured-nation and national-treatment principles, and that Members shall enter into negotiations with a view to developing the disciplines necessary to avoid the trade distorting effects of subsidies." "This timely book provides a comprehensive analysis of services subsidies under the GATS. It begins with a description of services and trade in services, and of the salient characteristics that make regulation of services subsidies more complex than those associated with agricultural and industrial goods. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade-related policy measures. A description of the information available on services subsidies is followed by a classification of services subsidies according to their distortive effects, and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework." "A key section is devoted to the analysis of those existing provisions of the GATS that may exert a certain measure of discipline on services subsidies, and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements and the need for special and differential treatment for services subsidies by developing countries are also discussed. Finally, and prior to the conclusion, two sectoral studies deal with the question of subsidies aimed at attracting foreign direct investment and subsidies to the audiovisual sector." "This work represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the GATS, and includes numerous references to relevant European Union State Aid legislation and jurisprudence." --Book Jacket.

The World Trade Organization

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Publisher : Springer Science & Business Media
ISBN 13 : 0387226885
Total Pages : 3117 pages
Book Rating : 4.3/5 (872 download)

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Book Synopsis The World Trade Organization by : International Trade Law Center

Download or read book The World Trade Organization written by International Trade Law Center and published by Springer Science & Business Media. This book was released on 2007-12-31 with total page 3117 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.

The WTO, Subsidies and Countervailing Measures

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Author :
Publisher :
ISBN 13 : 9781784713850
Total Pages : pages
Book Rating : 4.7/5 (138 download)

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Book Synopsis The WTO, Subsidies and Countervailing Measures by : Marc Bacchetta

Download or read book The WTO, Subsidies and Countervailing Measures written by Marc Bacchetta and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lecture Notes In International Trade: An Undergraduate Course

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Publisher : World Scientific
ISBN 13 : 9811220859
Total Pages : 161 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis Lecture Notes In International Trade: An Undergraduate Course by : Priyaranjan Jha

Download or read book Lecture Notes In International Trade: An Undergraduate Course written by Priyaranjan Jha and published by World Scientific. This book was released on 2020-09-21 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive discussion of the economics of International Trade.Key questions related to why countries trade, how they gain from trade, and how international trade can produce winners and losers are answered. The last of these questions is related to the connection of trade to inequality in the distribution of income.The book uses both theoretical models and empirical evidence to answer these questions. It also provides a discussion of the economics of labor migration and international capital mobility. The book also provides a detailed discussion of the welfare implications of various trade policy instruments such as tariffs, quotas, export subsidies etc. This is followed by a discussion of the process of actual policymaking in democratic societies which goes into the realm of political economy. The focus here is on the political economy of trade policy. It also provides a discussion of the economics of preferential trading agreements and a history of multilateral trading agreements under the aegis of GATT (General Agreement on Tariffs and Trade) and its evolution into the World Trade Organization (WTO).

The Law of Subsidies Under the GATT/WTO System

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119827X
Total Pages : 438 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of Subsidies Under the GATT/WTO System by : Marc Benitah

Download or read book The Law of Subsidies Under the GATT/WTO System written by Marc Benitah and published by Kluwer Law International B.V.. This book was released on 2001-11-12 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work on the law of subsidies has been long-awaited by many actors in international trade. With its introduction of the concept of 'attenuation' of entitlement, Marc Benitah's utterly new analysis alters our understanding of the international economic law of subsidies - and its future invocation and jurisprudence - forever. The issue of subsidies is arguably the predominant theme, at this moment, in international economic law, and a consistent approach to the legal treatment of subsidies is urgently needed. In Professor Benitah's view, the answer lies in the recognition that entitlements granted to a party seeking to defend itself against the `adverse effects' of subsidies must be `attenuated' in order to avoid undesirable economic and social consequences. In the various techniques of attenuation - thoroughly described and analyzed in this book - may be found the unifying thread on which a logical, coherent law of subsidies may be strung. Why techniques of attenuation are intimately linked to the birth of past and future legal disputes relating to subsidies Why significant techniques of attenuation (e.g. taking into account the positive impact of a subsidy on consumers) have not arisen in the GATT/WTO context Why much recent theoretical debate on the concept of 'distortion' has not led to a breakthrough in the law of subsidies Why attenuations favouring developing countries are surprisingly legally vulnerable in practice Why deliberate recourse to techniques of attenuation necessitates their continuing clarification through a case law process. By referring to the legal materials of both the GATT 1947 and the WTO systems at each point in his demonstration, Professor Benitah lays a substantial groundwork for determining innovative WTO norms.

Export Promotion and the WTO

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Author :
Publisher : UN
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Export Promotion and the WTO by : Philippe De Baere

Download or read book Export Promotion and the WTO written by Philippe De Baere and published by UN. This book was released on 2009 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on export promotion schemes that developing countries may use without violating international trade rules. It examines the rules themselves ndash; the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures for industrial goods and the Agreement on Agriculture for agricultural products ndash; and looks at schemes currently in place in the developing world.

Current Developments Under the WTO Agreement on Subsidies and Countervailing Measures as an Example for the Functional Unity of Domestic and International Trade Law

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Author :
Publisher :
ISBN 13 : 9783860107263
Total Pages : 20 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Current Developments Under the WTO Agreement on Subsidies and Countervailing Measures as an Example for the Functional Unity of Domestic and International Trade Law by : Christian Tietje

Download or read book Current Developments Under the WTO Agreement on Subsidies and Countervailing Measures as an Example for the Functional Unity of Domestic and International Trade Law written by Christian Tietje and published by . This book was released on 2004 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulation of Subsidies and State Aids in WTO and EC Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Regulation of Subsidies and State Aids in WTO and EC Law by : Gustavo E. Luengo Hernández de Madrid

Download or read book Regulation of Subsidies and State Aids in WTO and EC Law written by Gustavo E. Luengo Hernández de Madrid and published by . This book was released on 2007 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Remarks --Economic Analysis of Subsidies --Evolution of the Regulation of Subsidies in International Trade: From the GATT to the WTO --The Regulation of Subsidies in the Agreement on Subsidies and Countervailing Measures --The Regulation of Subsidies in the Agreement on Agriculture --Subsidies in the WTO: The 'Foreign Sales Corporations' Case --Evolution of the State Aid Rules in the EC --The Notion of 'State Aid': Article 87.1 of the EC Treaty --State Aids Compatible with the Common Market --Procedural Issues: Control of State Aids in the EC and Recovery of State Aids --Agricultural Subsidies in the EC --Comparison of the WTO and EC Rules on Subsidies and State Aids --Conformity of the EC State Aid Rules With the WTO: Suggestions --Final Remarks.

The WTO and Infant Industry Promotion in Developing Countries

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Author :
Publisher : Routledge
ISBN 13 : 1317664639
Total Pages : 270 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis The WTO and Infant Industry Promotion in Developing Countries by : Juan He

Download or read book The WTO and Infant Industry Promotion in Developing Countries written by Juan He and published by Routledge. This book was released on 2014-09-25 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries’ industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.