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International Trade Law And The Gatt Wto Dispute Settlement System

International Trade Law and the GATT WTO Dispute Settlement System PDF

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Author: Ernst-Ulrich Petersmann
Publisher:
ISBN: 9789041106841
Size: 21.66 MB
Format: PDF, Kindle
Category : Business & Economics
Languages : un
Pages : 704
View: 5805

Book Description: Unlike the UN and EC law, there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice in the recent legal literature. This new book is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA, and examines their interrelationships with the GATT/WTO dispute rules and procedures.


The Gatt Wto Dispute Settlement System

The Gatt Wto Dispute Settlement System PDF

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Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041109330
Size: 42.95 MB
Format: PDF
Category : Political Science
Languages : un
Pages : 344
View: 1818

Book Description: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.


Retaliation In The Wto Dispute Settlement System

Retaliation in the WTO Dispute Settlement System PDF

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Author: Sherzod Shadikhodjaev
Publisher: Kluwer Law International B.V.
ISBN: 9041128115
Size: 57.89 MB
Format: PDF, Kindle
Category : Law
Languages : un
Pages : 292
View: 2259

Book Description: "This work provides in-depth legal analysis of the procedural and substantive aspects of retaliation under the WTO dispute settlement system with particular reference to relevant rules and case law. It identifies peculiarities of WTO retaliation as compared with countermeasures of general international law. It examines the retaliation regime under GATT 1947 and the Dispute Settlement Understanding, as well as the special retaliation regime under the Subsidies and Countervailing Measures Agreement. It includes a case study with respect to the calculation of the level of retaliation in Article 22.6/4.11 arbitration. Finally, it explores the gaps in the current retaliation system with regard to both procedural Issues and the matter of efficacy, and analyzes all relevant solutions. In sum, this book Is designed to examine the way the WTO retaliation system works and explore possible Improvements." --Book Jacket.


The Establishment Of A Gatt Office Of Legal Affairs And The Limits Of Public Reason In The Gatt Wto Dispute Settlement System

The Establishment of a GATT Office of Legal Affairs and the Limits of  public Reason  in the GATT WTO Dispute Settlement System PDF

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Author: Ernst-Ulrich Petersmann
Publisher:
ISBN:
Size: 11.51 MB
Format: PDF, ePub
Category :
Languages : un
Pages : 21
View: 4595

Book Description: The article offers an 'insider story' of the establishment of the Office of Legal Affairs in the General Agreement on Tariffs and Trade (GATT 1947) in 1982/83 and of its increasing involvement in assisting GATT dispute settlement panels and the Uruguay Round negotiations on a new World Trade Organization with compulsory jurisdiction for the settlement of trade disputes (Sections I and II). The transformation, within only one decade, of the anti-legal pragmatism in GATT 1947 into the compulsory WTO dispute settlement system amounted to a 'revolution' in international law. But the 'public reason' governing the GATT/WTO dispute settlement system remains limited, notably by (1) the domination of GATT/WTO decision-making by governments interested in limiting their own legal, democratic and judicial accountability vis-à-vis citizens for their often welfare-reducing trade restrictions and distortions; (2) the deliberate neglect for the customary law requirements of interpreting treaties and settling related disputes 'in conformity with principles of justice and international law', including 'human rights and fundamental freedoms for all'; (3) the treatment of citizens as mere objects of GATT/WTO law and institutions rather than as 'democratic principals' of all governance institutions, 'agents of justice' and main economic actors; and (4) the deliberate neglect for the GATT/WTO legal obligations of 'consistent interpretation', 'judicial comity' and 'access to justice' in domestic courts in the 'dispute settlement system of the WTO' (Sections III and IV).


Legalization For Whom

Legalization for Whom  PDF

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Author: YoungJeen Cho
Publisher:
ISBN:
Size: 32.96 MB
Format: PDF, Docs
Category : Dispute resolution (Law)
Languages : un
Pages : 418
View: 3204

Book Description:


A Handbook On The Wto Dispute Settlement System

A Handbook on the WTO Dispute Settlement System PDF

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Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 1108417272
Size: 73.78 MB
Format: PDF, Mobi
Category : Law
Languages : un
Pages : 300
View: 6777

Book Description: This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.


A Handbook On The Wto Dispute Settlement System

A Handbook on the WTO Dispute Settlement System PDF

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Author: Organisation mondiale du commerce
Publisher: Cambridge University Press
ISBN: 9780521602921
Size: 17.90 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : un
Pages : 215
View: 2664

Book Description: The WTO dispute settlement system plays an important role in clarifying and enforcing the legal obligations contained in the WTO Agreement. It has gained a strong practical relevance as more than 300 disputes have been brought from 1 January 1995 through October 2003. While dispute settlement is certainly not the only activity taking place within the WTO, it has become an important part of the practical reality of the Organization. WTO dispute settlement has also become an important tool in the management by WTO Members of their international economic relations at large. The objective of this handbook is to give the reader a good understanding of the practical operation of this system. Working through this guide, the reader will be introduced to all elements of the dispute settlement process, from the initiation of a case through to the implementation of the decision.


Reform And Development Of The Wto Dispute Settlement System

Reform and Development of the WTO Dispute Settlement System PDF

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Author: Dencho Georgiev
Publisher: Cameron May
ISBN: 1905017243
Size: 79.16 MB
Format: PDF, ePub, Docs
Category : Arbitration and award, International
Languages : un
Pages : 488
View: 1861

Book Description: The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.


The Wto Dispute Settlement Mechanism

The WTO Dispute Settlement Mechanism PDF

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Author: Alberto do Amaral Júnior
Publisher: Springer
ISBN: 3030032639
Size: 18.33 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : un
Pages : 387
View: 2780

Book Description: This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.


Wto World Trade Organization

WTO  World Trade Organization  PDF

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Author: Rüdiger Wolfrum
Publisher: BRILL
ISBN: 900414563X
Size: 34.87 MB
Format: PDF, Kindle
Category : Law
Languages : un
Pages : 671
View: 1738

Book Description: In a practical and authoritative article-by-article account, this volume covers the legislative history, interpretation and practical application of the Agreement establishing the World Trade Organization.


The Legal And Economic Analysis Of The Wto Fta System

The Legal and Economic Analysis of the WTO FTA System PDF

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Author: Dukgeun Ahn
Publisher: World Scientific
ISBN: 9814704369
Size: 75.83 MB
Format: PDF, Kindle
Category : Business & Economics
Languages : un
Pages : 384
View: 3027

Book Description: 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.