Legal Principles in WTO Disputes

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Publisher : Cambridge University Press
ISBN 13 : 113947426X
Total Pages : 425 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legal Principles in WTO Disputes by : Andrew D. Mitchell

Download or read book Legal Principles in WTO Disputes written by Andrew D. Mitchell and published by Cambridge University Press. This book was released on 2008-12-11 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

Key Issues in WTO Dispute Settlement

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Publisher : Cambridge University Press
ISBN 13 : 1139449044
Total Pages : 329 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Key Issues in WTO Dispute Settlement by : Rufus Yerxa

Download or read book Key Issues in WTO Dispute Settlement written by Rufus Yerxa and published by Cambridge University Press. This book was released on 2005-10-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.

International Trade Regulation

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Publisher : Globefield Press
ISBN 13 :
Total Pages : 1244 pages
Book Rating : 4./5 ( download)

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Book Synopsis International Trade Regulation by :

Download or read book International Trade Regulation written by and published by Globefield Press. This book was released on 2018-01-16 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes section containing pertinent texts of agreements and decisions established by the General Agreement on Tariffs and Trade and the Uruguay Round, leading to the World Trade Organization.

The Law and Policy of the World Trade Organization

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Publisher : Cambridge University Press
ISBN 13 : 1107024498
Total Pages : 1103 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Law and Policy of the World Trade Organization by : Peter Van den Bossche

Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2013-08-08 with total page 1103 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly updated new edition of the classic, market-leading textbook is required reading for all students of WTO law.

WTO Disciplines on Subsidies and Countervailing Measures

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Publisher : Cambridge University Press
ISBN 13 : 1107014778
Total Pages : 695 pages
Book Rating : 4.1/5 (7 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: A legal and normative analysis of WTO disciplines on industrial and agricultural subsidies and countervailing duties.

WTO Analytical Index

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Publisher : Cambridge University Press
ISBN 13 : 113979521X
Total Pages : 6189 pages
Book Rating : 4.1/5 (397 download)

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Book Synopsis WTO Analytical Index by : Legal Affairs Division, World Trade Organization

Download or read book WTO Analytical Index written by Legal Affairs Division, World Trade Organization and published by Cambridge University Press. This book was released on 2012-07-12 with total page 6189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO Analytical Index is a comprehensive guide to the interpretation and application of the WTO Agreements by the Appellate Body, dispute settlement panels and other WTO bodies. It contains extracts of key pronouncements and findings from tens of thousands of pages of WTO jurisprudence, including panel reports, Appellate Body reports, Article 21.3(c) awards and Article 22.6 decisions. This unique work will be of assistance to anyone working in the field of WTO law, including lawyers, economists, academics and students. It is produced by the Legal Affairs Division of the WTO Secretariat with contributions from other divisions of the Secretariat and the Appellate Body Secretariat. The third edition of the WTO Analytical Index covers developments in WTO law and practice over the period January 1995 to September 2011.

The WTO Law of Subsidies

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503343
Total Pages : 684 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 684 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.

Seafood and Aquaculture Marketing Handbook

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1118859278
Total Pages : 594 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis Seafood and Aquaculture Marketing Handbook by : Carole R. Engle

Download or read book Seafood and Aquaculture Marketing Handbook written by Carole R. Engle and published by John Wiley & Sons. This book was released on 2016-07-20 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aquaculture, the farming of aquatic animals and plants, and other seafood businesses continue to grow rapidly around the world. However, many of these businesses fail due to the lack of sufficient attention to marketing. The Seafood and Aquaculture Marketing Handbook provides the reader with a comprehensive, yet user-friendly presentation of key concepts and tools necessary for aquaculture and seafood businesses to evaluate and adapt to changing market conditions. Markets for aquaculture and seafood products are diverse, dynamic, and complex. The Seafood and Aquaculture Marketing Handbook presents fundamental principles of marketing, specific discussion of aquaculture and seafood market channels and supply chains from around the world, and builds towards a step-by-step approach to strategic market planning for successful aquaculture and seafood businesses. This book is an essential reference for all aquaculture and seafood businesses as well as students of aquaculture. The volume contains a series of synopses of specific markets, an extensive annotated bibliography, and webliography for additional sources of information. Written by authors with vast experience in international marketing of aquaculture and seafood products, this volume is a valuable source of guidance for those seeking to identify profitable markets for their aquaculture and seafood products.

Judicial Deference in International Adjudication

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509932305
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Deference in International Adjudication by : Johannes Hendrik Fahner

Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.

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

United States Court of International Trade Reports

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Publisher :
ISBN 13 :
Total Pages : 2096 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis United States Court of International Trade Reports by : United States. Court of International Trade

Download or read book United States Court of International Trade Reports written by United States. Court of International Trade and published by . This book was released on 2006 with total page 2096 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Settlement Reports 2008

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Publisher : Cambridge University Press
ISBN 13 : 0521193893
Total Pages : 411 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Dispute Settlement Reports 2008 by : World Trade Organization

Download or read book Dispute Settlement Reports 2008 written by World Trade Organization and published by Cambridge University Press. This book was released on 2010 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Settlement Reports 2003

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Publisher : Cambridge University Press
ISBN 13 : 9780521857345
Total Pages : 484 pages
Book Rating : 4.8/5 (573 download)

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Book Synopsis Dispute Settlement Reports 2003 by : World Trade Organization

Download or read book Dispute Settlement Reports 2003 written by World Trade Organization and published by Cambridge University Press. This book was released on 2005-07-21 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2003.

Written comments on technical corrections to U.S. trade laws and miscellaneous duty suspension bills

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Author :
Publisher : DIANE Publishing
ISBN 13 : 1428957804
Total Pages : 681 pages
Book Rating : 4.4/5 (289 download)

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Book Synopsis Written comments on technical corrections to U.S. trade laws and miscellaneous duty suspension bills by :

Download or read book Written comments on technical corrections to U.S. trade laws and miscellaneous duty suspension bills written by and published by DIANE Publishing. This book was released on with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trade in Goods

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Publisher : Oxford University Press
ISBN 13 : 0191636592
Total Pages : 942 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Trade in Goods by : Petros C. Mavroidis

Download or read book Trade in Goods written by Petros C. Mavroidis and published by Oxford University Press. This book was released on 2012-07-19 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.

The World Trade Organization and Trade in Services

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Publisher : BRILL
ISBN 13 : 9004162445
Total Pages : 1025 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The World Trade Organization and Trade in Services by : Kern Alexander

Download or read book The World Trade Organization and Trade in Services written by Kern Alexander and published by BRILL. This book was released on 2008 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organisation plays the primary role in regulating international trade in goods, services and intellectual property. Traditionally, international trade law and regulation has been analysed primarily from the trade-in-goods perspective. Services are becoming an important competence for the WTO. The institutional, legal and regulatory influence of the General Agreement on Trade in Services (GATS) on domestic economic policymaking is attracting increasing attention in the academic and policymaking literature. The growing importance of services trade to the global economy makes the application of the GATS to trade in services an important concern of international economic policy. The GATS contains important innovations that build on the former GATT and existing WTO/GATT trade regime for goods. This book fills a void in the academic and policymaking literature by examining how the GATS governs international trade in services and its growing impact on the regulatory practice of WTO member states. It offers a unique discussion of the major is-sues confronting WTO member states by analysing the GATS and related international trade issues from a variety of perspectives that include law, political economy, regulation, and business. Moreover, the role of the WTO in promoting liberalised trade and economic development has come under serious strain because of the breakdown of the Doha Development Round negotiations. The book analyses the issues in the Doha services debate with some suggested policy approaches that might help build a more durable GATS framework. The book is a welcomed addition to the WTO literature and will serve as a point of reference for academics, policymakers andpractitioners.

Canadian Imports and Trade Issues

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Publisher : Nova Publishers
ISBN 13 : 9781604562613
Total Pages : 208 pages
Book Rating : 4.5/5 (626 download)

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Book Synopsis Canadian Imports and Trade Issues by : Mathew B. Reynolds

Download or read book Canadian Imports and Trade Issues written by Mathew B. Reynolds and published by Nova Publishers. This book was released on 2008 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States and Canada maintain the world's largest trading relationship, one that has been strengthened during the past fifteen years by the approval of two multilateral free trade agreements. Although commercial disputes may not be quite as prominent now as they have been in the past, the two countries in recent years have engaged in difficult negotiations over items in several trade sectors, including natural resources, agricultural commodities, and the cultural/entertainment industry. However, these disputes affect but a small percentage of the total goods and services exchanged. Also, the United States and Canada work together closely on environmental matters, including monitoring solid waste transfers, and protecting and maintaining the quality of border waterways. This new book explores specific issues related to trade between these two countries.