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Injury And Causation In Trade Remedy Law
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Author :United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade Publisher : ISBN 13 : Total Pages :558 pages Book Rating :4.F/5 ( download)
Book Synopsis Options to improve the trade remedy laws by : United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade
Download or read book Options to improve the trade remedy laws written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade and published by . This book was released on 1983 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 295 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 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 The Challenge of Safeguards in the WTO by : Fernando Piérola
Download or read book The Challenge of Safeguards in the WTO written by Fernando Piérola and published by Cambridge University Press. This book was released on 2014-09-08 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.
Book Synopsis International Economic Law by : Leïla Choukroune
Download or read book International Economic Law written by Leïla Choukroune and published by Cambridge University Press. This book was released on 2021-07-22 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.
Book Synopsis Causation in European Tort Law by : Marta Infantino
Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Book Synopsis The Standard of Review in WTO Dispute Settlement by : Ross Becroft
Download or read book The Standard of Review in WTO Dispute Settlement written by Ross Becroft and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' David A. Gantz, The University of Arizona, US 'Ross Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement.' Bryan Mercurio, The Chinese University of Hong Kong 'This is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future.' Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-General This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.
Book Synopsis The Legal and Economic Analysis of the WTO/FTA System by : Dukgeun Ahn
Download or read book The Legal and Economic Analysis of the WTO/FTA System written by Dukgeun Ahn and published by World Scientific. This book was released on 2016-02-29 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal and Economic Analysis of the WTO/FTA System presents a collation of interdisciplinary studies covering a wide range of issues from WTO dispute settlement issues to trade remedy systems and FTA negotiations. The author applies legal as well as economic rationales and methods to analyze core issues in the world trading system and in doing so, sheds an interesting light on various trade issues. The interdisciplinary analysis on WTO and FTA issues provides a unique opportunity to reconsider many conventional trade topics. For instance, the author shows that third country dumping rarely used in the GATT/WTO system may have a new role with economic incentives in the context of FTAs. Contents:Dispute Settlement in the WTO System:Understanding Non-litigated Disputes in the WTO Dispute Settlement SystemKorea in the GATT/WTO Dispute Settlement System: Legal Battle for Economic DevelopmentPractices and Theoretical Foundations of the Trade Remedy System:Alternative Approach to Causation Analysis in Trade Remedy Investigations: 'Cost of Production' TestThird Country Dumping: Origin, Evolution and ProspectRestructuring the WTO Safeguard Mechanism in The WTO Trade Remedy SystemFoe or Friend of GATT Article XXIV: Diversity in Trade Remedy RulesCountervailing Duty against China: Opening a Pandora's Box in the WTO System?United States — Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: Never Ending Zeroing in the WTO?International Decisions: United States — Definitive Anti-Dumping and Countervailing Duties on Certain Products from ChinaInterrelation between Trade and Finance:Linkages between International Trade and Financial Institutions: IMF, World Bank and WTOWTO Disciplines Under the IMF Program: Congruence or Conflict?Is the Chinese Exchange-rate Regime 'WTO-legal'?Book Review: International Law in Financial Regulation and Monetary AffairsLegal and Economic Analysis of Free Trade Agreements:Dispute Settlement Systems in Asian FTAs: Issues and ProblemsAnalysis of Anti-dumping Use in Free Trade AgreementsLegal Issues for Korea's "Internal Trade" in the WTO System Readership: Researchers, students, and members of the public who are interested in international trade or economic law, international economics and international political economy.
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 Science and Judicial Reasoning by : Katalin Sulyok
Download or read book Science and Judicial Reasoning written by Katalin Sulyok and published by Cambridge University Press. This book was released on 2020-10-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
Book Synopsis Preferential Trade Agreements by : Kyle W. Bagwell
Download or read book Preferential Trade Agreements written by Kyle W. Bagwell and published by Cambridge University Press. This book was released on 2011-03-07 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles a stellar group of scholars and experts to examine preferential trade agreements (PTAs), a topic that has time and again attracted the interest of analysts. It presents a discussion of the evolving economic analysis regarding PTAs and the various dysfunctions that continually place them among the priority items for (re)negotiation by the WTO. The book explores recent empirical research that casts doubt on the old 'trade diversion' school and debates why the WTO should deal with PTAs and if PTAs belong under the mandate of the WTO as we now know it.
Download or read book World Trade Law written by Simon Lester and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 1007 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of one of the leading textbooks on world trade law offers what is, in a number of ways, a unique perspective on this important subject. Combining the best aspects of both casebook and treatise, this comprehensive textbook provides detailed explanations and analysis of the law to help understand the issues as well as case extracts to offer a flavour of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the UK, Europe, the US, Asia and elsewhere around the world. This updated edition includes in-depth discussions of the most recent developments in international trade jurisprudence, setting out important precedents that help establish the boundaries between global trade rules and domestic national autonomy. In this era, when political developments place even more importance on international trade, it will be essential reading for all students, scholars and practitioners in the field.
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 Restoring Trust in Trade by : Denise Prévost
Download or read book Restoring Trust in Trade written by Denise Prévost and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the global financial crisis, the world has witnessed increasing manifestations of eroding trust in the international trade regime, including Brexit and the Trump administration's unilateral trade policies. Restoring trust in the international trading system is essential to prevent the rise of economic nationalism and beggar-thy-neighbour policies, which as history has shown are a threat to global welfare and peace. As a scholar, counsellor of the WTO Appellate Body Secretariat, and, between 2009 and 2017, a member of the WTO Appellate Body, Peter Van den Bossche has addressed the challenges faced by the international trade regime and has tirelessly promoted trust in the multilateral governance model. This Liber Amicorum honours his contribution to the development of a 'trustworthy' rules-based multilateral trading system, which has left a lasting legacy. In this timely book, leading experts and friends of Peter Van den Bossche, including his mentors, colleagues and PhD candidates, come together to pay tribute to his work by exploring, from a legal perspective, what can be done to restore trust in trade, focusing on: (1) ensuring a robust institutional framework that promotes rule of law over power politics, (2) safeguarding the integrity and effectiveness of trade dispute settlement, and (3) ensuring that substantive international trade rules appropriately balance trade and non-trade interests.
Author :United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism Publisher : ISBN 13 : Total Pages :1050 pages Book Rating :4.F/5 ( download)
Book Synopsis General Trade Policy by : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism
Download or read book General Trade Policy written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Transportation, and Tourism and published by . This book was released on 1983 with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Non-market Economies in the Global Trading System by : James J. Nedumpara
Download or read book Non-market Economies in the Global Trading System written by James J. Nedumpara and published by Springer. This book was released on 2018-09-20 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.
Book Synopsis Opportunities and Obligations by : Terance P. Stewart
Download or read book Opportunities and Obligations written by Terance P. Stewart and published by Kluwer Law International B.V.. This book was released on 2009-09-01 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Opportunities and Obligations: New Perspectives on Global and U.S. Trade Policy, is an extraordinary collection of essays by leading trade officials, academic experts, and major stakeholders. The essays are divided into three topics: The global trading system and its future direction The range of views presented provides diverse perspectives on the future direction of the trading system, the challenges of the Doha Round, the aspirations of developing countries within the system, the future direction of rules, rights and obligations, the challenges faced by countries trying to join the WTO. Perspectives on the direction of US trade policy Leaders from the past Administration, both sides of the aisle in the U.S. House of Representatives, labor, business, a leading NGO as well as leading journalists and writers offer views about where U.S. trade policy should go to secure America’s economic future. The global food crisis and how the trading system can help be part of the solution The run up of food prices internationally in 2007-08 and the efforts by many countries to restrict exports in the name of providing for citizens at home created some severe challenges for the global institutions and raised, within trade circles, the question of how trade could make a contribution to the alleviation of hunger and not exacerbate the problems of hunger. Papers in part three of the book look at the issue from the perspective of the WTO, the European Commission, and the United Nation’s World Food Program.
