Safeguard Measures And Exceptions From The Principle Of Non Discrimination

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Safeguard Measures and Exceptions from the Principle of Non-discrimination

Author :
Publisher :
ISBN 13 : 9789174737936
Total Pages : 244 pages
Book Rating : 4.7/5 (379 download)

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Book Synopsis Safeguard Measures and Exceptions from the Principle of Non-discrimination by :

Download or read book Safeguard Measures and Exceptions from the Principle of Non-discrimination written by and published by . This book was released on 2013 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of customs duties and other trade restricting measures are covered by certain fundamental general principles, such as the non-discrimination principle which is a main principle of WTO law. The principle ensures that WTO Members should not discriminate against their trading partners or between foreign and domestic goods. Some exceptions are however allowed. Members may conclude Regional Trade Agreements (RTAs) which further liberalise trade between the parties. Under certain conditions they are also allowed to apply trade defence measures, such as safeguard measures, which are meant to be used in emergency cases only. WTO law as well as many RTAs include rules on safeguards. In this study they are referred to as multilateral and regional safeguards respectively. The principle of non-discrimination and its exceptions play an essential role in relation to safeguard measures. According to WTO law safeguard measures are to be applied in a non-discriminative manner, which means that they shall target all imports of the product at issue irrespective of their origin. This principle is however not always upheld. Of particular interest for this study is the question of how the rules on safeguards de jure and de facto are applied in a selective way to achieve developmental goals and regional free trade. Multilateral as well as regional safeguard measures are studied and compared in order to pinpoint similarities and differences. Two regional trade arrangements have been chosen for this purpose: the Association of Southeast Asian Nations (ASEAN) and the Economic Partnership Agreements (EPAs). Furthermore, two case studies Vietnam and Botswana serve as illustrative examples of the complexity of the situation for developing countries in Asia and Africa. The results of the study show that if the purpose of multilateral safeguard measures is to restrict the use of escape clauses they are effective; but if the purpose is to provide an escape clause they are not. However, the use of regional safeguard measures seems to interfere with the proper functioning of the non-discrimination principle. Moreover, the spaghetti bowl of regional trade agreements create uncertainty as to when and to whom safeguard measures can be applied. Finally, most regional trade agreements do not include sufficient special and differential treatment of developing countries when it comes to safeguard measures.

Non-discrimination in the World Trade Organization

Author : William J. Davey
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004233148
Total Pages : 361 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Non-discrimination in the World Trade Organization by : William J. Davey

Download or read book Non-discrimination in the World Trade Organization written by William J. Davey and published by Martinus Nijhoff Publishers. This book was released on 2012-07-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the mostfavoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.

Section 1557 of the Affordable Care Act

Author : American Dental Association
Publisher : American Dental Association
ISBN 13 : 1941807712
Total Pages : 60 pages
Book Rating : 4.9/5 (418 download)

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Book Synopsis Section 1557 of the Affordable Care Act by : American Dental Association

Download or read book Section 1557 of the Affordable Care Act written by American Dental Association and published by American Dental Association. This book was released on 2017-05-24 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.

The Challenge of Safeguards in the WTO

Author : Fernando Piérola
Publisher : Cambridge University Press
ISBN 13 : 110707178X
Total Pages : 419 pages
Book Rating : 4.1/5 (7 download)

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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.

Non-Discrimination in International Trade in Services

Author : Nicolas F. Diebold
Publisher : Cambridge University Press
ISBN 13 : 1139492128
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Non-Discrimination in International Trade in Services by : Nicolas F. Diebold

Download or read book Non-Discrimination in International Trade in Services written by Nicolas F. Diebold and published by Cambridge University Press. This book was released on 2010-10-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.

Most-favoured-nation Treatment

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

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

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

Suggested Charter for an International Trade Organization of the United Nations ...

Author : United States. Department of State
Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Suggested Charter for an International Trade Organization of the United Nations ... by : United States. Department of State

Download or read book Suggested Charter for an International Trade Organization of the United Nations ... written by United States. Department of State and published by . This book was released on 1946 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Barriers and the Principle of Non-discrimination in World Trade Law

Author : Thomas Cottier
Publisher : University of Michigan Press
ISBN 13 : 0472026445
Total Pages : 473 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Regulatory Barriers and the Principle of Non-discrimination in World Trade Law by : Thomas Cottier

Download or read book Regulatory Barriers and the Principle of Non-discrimination in World Trade Law written by Thomas Cottier and published by University of Michigan Press. This book was released on 2010-05-18 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year. The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all. Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck. Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Title IX Grievance Procedures

Author :
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Title IX Grievance Procedures by :

Download or read book Title IX Grievance Procedures written by and published by . This book was released on 1987 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The UN Convention on the Elimination of All Forms of Discrimination Against Women

Author : Marsha A. Freeman
Publisher : OUP Oxford
ISBN 13 : 0191630098
Total Pages : 5372 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The UN Convention on the Elimination of All Forms of Discrimination Against Women by : Marsha A. Freeman

Download or read book The UN Convention on the Elimination of All Forms of Discrimination Against Women written by Marsha A. Freeman and published by OUP Oxford. This book was released on 2012-01-26 with total page 5372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. The Commentary describes the application of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol. It also includes a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations and case law under the Optional Protocol, through which the Committee has interpreted and applied the Convention. Each chapter is self-contained but the Commentary is conceived of as an integral whole. The book also includes an Introduction which provides an overview of the Convention and its embedding in the international law of human rights.

The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol

Author : Patricia Schulz
Publisher : Oxford University Press
ISBN 13 : 0192862812
Total Pages : 1041 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol by : Patricia Schulz

Download or read book The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol written by Patricia Schulz and published by Oxford University Press. This book was released on 2023-03-02 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.

The WTO and International Investment Law

Author : Jürgen Kurtz
Publisher : Cambridge University Press
ISBN 13 : 9781108458252
Total Pages : 0 pages
Book Rating : 4.4/5 (582 download)

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Book Synopsis The WTO and International Investment Law by : Jürgen Kurtz

Download or read book The WTO and International Investment Law written by Jürgen Kurtz and published by Cambridge University Press. This book was released on 2018-04-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.

Legal and Economic Principles of World Trade Law

Author : Henrik Horn
Publisher : Cambridge University Press
ISBN 13 : 1107068002
Total Pages : 381 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Legal and Economic Principles of World Trade Law by : Henrik Horn

Download or read book Legal and Economic Principles of World Trade Law written by Henrik Horn and published by Cambridge University Press. This book was released on 2013-04-22 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947–8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.

Conflict of Norms in Public International Law

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

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

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

International Protection of Investments

Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Protection of Investments by : August Reinisch

Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

Diplomatic Law

Author : Eileen Denza
Publisher : Oxford University Press
ISBN 13 : 019100913X
Total Pages : 519 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Diplomatic Law by : Eileen Denza

Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016-01-14 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.