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Wto Trade Remedies In International Law
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Book Synopsis WTO Trade Remedies in International Law by : Roberto Soprano
Download or read book WTO Trade Remedies in International Law written by Roberto Soprano and published by Routledge. This book was released on 2018-07-24 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
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.
Book Synopsis Domestic Judicial Review of Trade Remedies by : Müslüm Yilmaz
Download or read book Domestic Judicial Review of Trade Remedies written by Müslüm Yilmaz and published by Cambridge University Press. This book was released on 2013-01-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.
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
Book Synopsis Trade Remedies in North America by : Gregory Wells Bowman
Download or read book Trade Remedies in North America written by Gregory Wells Bowman and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: and political underpinnings." --Book Jacket.
Book Synopsis Trade Remedies and World Trade Organization Dispute Settlement by : Chad P. Bown
Download or read book Trade Remedies and World Trade Organization Dispute Settlement written by Chad P. Bown and published by World Bank Publications. This book was released on 2005 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: "Antidumping and related trade remedies are the most popular policy instruments that many of the largest importing countries in the World Trade Organization (WTO) system use to restrict international trade. While such trade remedies are also frequent targets of dispute settlement activity under the WTO, given that Panel and Appellate Body rulings have almost invariably found that some aspect of each reviewed remedy was inconsistent with WTO obligations, an open research question is why aren't more remedies targeted by dispute settlement? The author provides a first empirical investigation of the trade remedy and WTO dispute settlement interaction by focusing on determinants of WTO members' decisions of whether to formally challenge U.S. trade remedies imposed between 1992 and 2003. He provides evidence that it is not only the size of the economic market at stake and the capacity to retaliate under potential DSU (dispute settlement understanding)-authorized sanctions that influence the litigation decision of whether to formally challenge a measure at the WTO. The author also finds that if the negatively affected foreign industry has the capacity to directly retaliate through a reciprocal antidumping investigation and measure of its own, its government is less likely to pursue the case on its behalf at the WTO. This is consistent with the theory that potential complainants may be avoiding WTO litigation in favor of pursuing reciprocal antidumping and hence "vigilante justice." "--World Bank web site.
Book Synopsis Remedies under the WTO Legal System by : R. Rajesh Babu
Download or read book Remedies under the WTO Legal System written by R. Rajesh Babu and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.
Book Synopsis EU Anti-Dumping and Other Trade Defence Instruments by : Van Bael & Bellis
Download or read book EU Anti-Dumping and Other Trade Defence Instruments written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2011-06-06 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.
Book Synopsis Trade Remedies for Global Companies by : Timothy C. Brightbill
Download or read book Trade Remedies for Global Companies written by Timothy C. Brightbill and published by American Bar Association. This book was released on 2006 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the most common forms of trade remedies law in the United States or in foreign companies (antidumping, countervailing duty, and safeguards) and provides guidance to corporate counsel on when and how to use such laws. The intent is to provide critical information such as the relevant agencies, contact information, general timing issues, and to focus attention on some of the key legal/economic points raised by the different types of proceedings.
Book Synopsis Domestic Judicial Review of Trade Remedies by : Müslüm Yilmaz
Download or read book Domestic Judicial Review of Trade Remedies written by Müslüm Yilmaz and published by Cambridge University Press. This book was released on 2013-01-17 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of twenty-one countries' experiences of domestic judicial review being used to challenge trade remedy determinations.
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.
Book Synopsis Injury and Causation in Trade Remedy Law by : James J. Nedumpara
Download or read book Injury and Causation in Trade Remedy Law written by James J. Nedumpara and published by Springer. This book was released on 2016-11-25 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts. The book demonstrates that terms such as “principal cause,” “substantial cause” and “a cause in and of itself” are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.
Book Synopsis Business Guide to Trade Remedies in the European Community by :
Download or read book Business Guide to Trade Remedies in the European Community written by and published by UN. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is part of a series of guides containing information on trade remedy procedures (anti-dumping, countervailing and safeguards legislation and procedures) aimed at business managers, importers and exporters from developing countries and transition economies. It focuses on the European Community, the largest market for many developing countries and transition economies and a frequent user of trade remedy measures. It highlights legal practice and the appropriate provisions of the relevant WTO Agreements. Topics covered include: the use of trade remedies; procedural aspects of anti-dumping and anti-subsidy investigations; and emergency action against imports safeguards.
Download or read book Trade Remedies written by and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Future of Trade Defence Instruments by : Marc Bungenberg
Download or read book The Future of Trade Defence Instruments written by Marc Bungenberg and published by Springer. This book was released on 2018-10-29 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.
Book Synopsis Greening Trade Remedies by : Pieter Van Vaerenbergh
Download or read book Greening Trade Remedies written by Pieter Van Vaerenbergh and published by Springer Nature. This book was released on 2023-09-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.
Book Synopsis Trade Remedies by : Vivian Catherine Jones
Download or read book Trade Remedies written by Vivian Catherine Jones and published by Nova Science Publishers. This book was released on 2008 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfair foreign pricing and government subsidies distort the free flow of goods and adversely affect American business in the global marketplace. Import Administration, within the International Trade Administration of the Department of Commerce, enforces laws and agreements to protect U.S. businesses from unfair competition within the U.S. resulting from unfair pricing by foreign companies and unfair subsidies to foreign companies by their governments. Dumping occurs when a foreign producer sells a product in the United States at a price that is below that producer's sales price in the country of origin ("home market"), or at a price that is lower than the cost of production. The difference between the price (or cost) in the foreign market and the price in the U.S. market is called the dumping margin. Unless the conduct falls within the legal definition of dumping as specified in U.S. law, a foreign producer selling imports at prices below those of American products is not necessarily dumping. Foreign governments subsidise industries when they provide financial assistance to benefit the production, manufacture or exportation of goods. Subsidies can take many forms, such as direct cash payments, credits against taxes, and loans at terms that do not reflect market conditions. The statute and regulations establish standards for determining when an unfair subsidy has been conferred. The amount of subsidies the foreign producer receives from the government is the basis for the subsidy rate by which the subsidy is offset, or "countervailed", through higher import duties. If a U.S. industry believes that it is being injured by unfair competition through dumping or subsidisation of a foreign product, it may request the imposition of antidumping or countervailing duties by filing a petition with both Import Administration and the United States International Trade Commission. Import Administration investigates foreign producers and governments to determine whether dumping or subsidisation has occurred and calculates the amount of dumping or subsidies.
