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Wto Agreement On Safeguards And Article Xix Of Gatt
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Book Synopsis WTO Agreement on Safeguards and Article XIX of GATT by : Fernando Piérola-Castro
Download or read book WTO Agreement on Safeguards and Article XIX of GATT written by Fernando Piérola-Castro and published by Cambridge University Press. This book was released on 2022-06-16 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon Fernando Piérola-Castro's extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.
Book Synopsis Recognition and Regulation of Safeguard Measures Under GATT/WTO by : Sheela Rai
Download or read book Recognition and Regulation of Safeguard Measures Under GATT/WTO written by Sheela Rai and published by Routledge. This book was released on 2011-05-11 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
Book Synopsis Safeguard Measures in World Trade by : Yong-Shik Lee
Download or read book Safeguard Measures in World Trade written by Yong-Shik Lee and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's foremost authority on safeguard measures, has provided such a guide, here updated in its second edition. Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards;applicability of GATT Article XIX;interpretation and application of the Agreement on Safeguards, including non-discriminatory application of safeguards and justification of safeguards-in-response;transitional product-specific safeguard measures against China; andemergency safeguards to trade in services. The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea Dairy Products, Argentina Footwear, United States Wheat Glutten, United States Lamb Meat, Chile Price Band System, United States Line Pipe and United States Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. Other WTO rules considered include GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and Clothing; Article XII of the General Agreement on Trade in Services (GATS); and the Protocol on the Accession of the People's Republic of China. Safeguard Measures in World Trade comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.
Book Synopsis The WTO Agreement on Safeguards by : A. O. Sykes
Download or read book The WTO Agreement on Safeguards written by A. O. Sykes and published by Oxford Commentaries on Gatt/Wt. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a thorough treatment of the legal, economic, and policy issues associated with safeguard measures in the WTO system. It includes a careful treatment of the history of safeguard measures under GATT, and the impetus for the Agreement on Safeguards during the Uruguay Round. It reviews the economic arguments for and against safeguard measures, including the modern political economy account of safeguards and "escape clauses" in international agreements."--Résumé de l'éditeur.
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 The WTO, Safeguards, and Temporary Protection from Imports by : Chad Philips Bown
Download or read book The WTO, Safeguards, and Temporary Protection from Imports written by Chad Philips Bown and published by . This book was released on 2006 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of theoretical and empirical papers examines the legal, economic and political justifications for the controversial use of WTO Safeguard mechanisms.
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.
Author :International Trade Law Center Publisher :Springer Science & Business Media ISBN 13 :0387226885 Total Pages :3142 pages Book Rating :4.3/5 (872 download)
Book Synopsis The World Trade Organization by : International Trade Law Center
Download or read book The World Trade Organization written by International Trade Law Center and published by Springer Science & Business Media. This book was released on 2007-12-31 with total page 3142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.
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: The Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case.
Author :Robert Alexander Rastorp Publisher :Library and Archives Canada = Bibliothèque et Archives Canada ISBN 13 : Total Pages :254 pages Book Rating :4.:/5 (318 download)
Book Synopsis Theoretical Rationales for the WTO Safeguard Regime by : Robert Alexander Rastorp
Download or read book Theoretical Rationales for the WTO Safeguard Regime written by Robert Alexander Rastorp and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines Article XIX of the General Agreement on Tariffs and Trade, the "safeguard" provision, which allows states that experience an unexpected disruption or downturn in a domestic industry, caused by increased imports resulting from GATT trade concessions, to temporarily suspend, on a non-discriminatory basis, the GATT obligations that caused the disruption. Alan O. Sykes, based on his application of public choice theory to the behaviour of the signatory states, has argued that the safeguard provision is a necessary component of the GATT, since without it states would have lacked the incentives to enter into the GATT, and the present agreement would unravel. By contrast, I analyze rationales for the safeguard regime from a 'two-level game' perspective, incorporating international as well as domestic incentives. I conclude that states will comply with a more restrictive safeguard regime than that advocated by Sykes, and propose reforms to the current regime accordingly.
Book Synopsis Article XIX of the GATT and a New Multilateral Safeguards Agreement by : Valerie Grey
Download or read book Article XIX of the GATT and a New Multilateral Safeguards Agreement written by Valerie Grey and published by . This book was released on 1984 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guide to the WTO and GATT by : Autar Krishen Koul
Download or read book Guide to the WTO and GATT written by Autar Krishen Koul and published by Springer. This book was released on 2018-11-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights – the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.
Book Synopsis Nonrubber Footwear by : United States Tariff Commission
Download or read book Nonrubber Footwear written by United States Tariff Commission and published by . This book was released on 1969 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Trade Skirmishes and Safeguards by : Mostafa Beshkar
Download or read book Trade Skirmishes and Safeguards written by Mostafa Beshkar and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: I propose a framework within which to interpret and evaluate the major reforms introduced to the GATT system in its transition to the WTO. In particular, I examine the WTO Agreement on Safeguards that has replaced the GATT escape clause (Article XIX), and the Dispute Settlement Process (DSP) that resembles a court of law under the WTO. Using this framework, I interpret the weakening of the reciprocity principle under the Agreement on Safeguards as an attempt to reduce efficiency-reducing trade skirmishes. The DSP is interpreted as an impartial arbitrator that announces its opinion about the state of the world when a dispute arises among member countries. I demonstrate that the reforms in the GATT escape clause should be bundled with the introduction of the DSP, in order to maintain the incentive-compatibility of trade agreements. The model implies that trade agreements under the WTO lead to fewer trade skirmishes but this effect does not necessarily result in higher payoffs to the governments. The model also implies that the introduction of the WTO court, which has no enforcement power, can in fact improve the self-enforceability of trade agreements. -- Safeguard Agreement ; Dispute Settlement ; Impartial Arbitration ; Trade Agreements
Book Synopsis Essentials of WTO Law by : Peter Van den Bossche
Download or read book Essentials of WTO Law written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2016-04-02 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when developments in WTO law have made this field increasingly complex, this concise and non-technical introduction provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO. A variety of text features enables a rich understanding of the law: illustrative examples clarify important issues of the law and demonstrate the law's practical application; boxed summaries of key rulings in WTO case law highlight the interpretation of the relevant provisions and lead readers to a deep understanding of the meaning and application of legal rules; and recommendations for further reading allow readers to engage with current debates. Online resources include links to useful sources of information for work and research within the field. Co-written by a leading authority in the field, this is essential reading for anyone who wants to get to grips with this fascinating yet challenging field of law.
Book Synopsis Treaty Interpretation by the WTO Appellate Body by : Isabelle Van Damme
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Book Synopsis Safeguard Measures by : Yong-Shik Lee
Download or read book Safeguard Measures written by Yong-Shik Lee and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Safeguard measures" or "safeguards" refer to emergency import restrictions applied to prevent or remedy serious injury to domestic industry caused by rapid increases in imports. The WTO Agreement on Safeguards and Article XIX of the GATT regulates the application of safeguard measures. Unlike anti-dumping actions and countervailing duties, safeguard measures are applicable regardless of the existence of any unfair trade practices on the part of exporters. Safeguard measures are significant as they interfere with legitimate trade through unilateral restrictions on imports, and therefore, their abuse may well lead to the destabilization of the world trading system. WTO Members have had considerable difficulty defending their safeguard measures when challenged in the dispute settlement panel process. Most of the challenged safeguard measures have been found inconsistent with relevant rules. This paper analyzes why safeguard measures have not been applied consistently with the rules and proposes regulatory changes to improve the clarity and consistency of the disciplines of safeguards.
