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The Wto Dispute Settlement System 1995 2003

The WTO Dispute Settlement System  1995 2003 PDF

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Author: Federico Ortino
Publisher: Kluwer Law International B.V.
ISBN: 904112232X
Size: 73.83 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 607
View: 3507

Book Description: In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ?ordinary meaning? of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the ?legislative? and ?(quasi) judicial? activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus.


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: 63.96 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 215
View: 499

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.


International Adjudication On Trial

International Adjudication on Trial PDF

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Author: Sivan Shlomo Agon
Publisher: Oxford University Press, USA
ISBN: 0198788967
Size: 62.44 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 368
View: 6863

Book Description: This book puts forward a multidimensional goal-based framework for analysing the effectiveness of the WTO dispute settlement system, while challenging the tendency in current literature to capture the effectiveness of this complex international adjudicatory system through the narrow and fixed concept of compliance. Drawing on the goals - based approach-the book broadly conceptualizes the effectiveness of the WTO dispute settlement system as the extent to which this system achieves its goals, while using the multiple conflicting and shifting objectives set for the system by WTO Members as the key effectiveness benchmarks. In so doing, it offers a comprehensive empirical account of the manifold and contradictory goals-beyond compliance-entrusted with the WTO dispute settlement system by its mandate providers, and probes the complex trade-offs struck between the multiple goals on the ground. This work addresses cutting-edge legal and institutional questions while implementing a qualitative empirical research design. Drawing on numerous interviews with WTO adjudicators, staff members of the WTO Secretariat, state officials, and trade lawyers, Agon crafts an insider's look into the actual world of WTO adjudication and sets out a framework for a more nuanced and complex analysis of judicial effectiveness at the WTO.


Retaliation In The Wto Dispute Settlement System

Retaliation in the WTO Dispute Settlement System PDF

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Author: Madeleine Merkx
Publisher: Kluwer Law International B.V.
ISBN: 9041148221
Size: 48.81 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 208
View: 5506

Book Description: Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.


Internationales Wirtschaftsrecht

Internationales Wirtschaftsrecht PDF

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Author: Horst-Peter Götting
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110285614
Size: 64.39 MB
Format: PDF, Kindle
Category : Law
Languages : de
Pages : 1013
View: 6056

Book Description: Die Neuauflage bietet eine hochaktuelle, umfassende Darstellung und Analyse des internationalen Wirtschaftsrechts. In eigenen Kapiteln werden die einzelnen Rechtsbereiche des internationalen Wirtschaftssystems dargestellt: Welthandelsrecht (Waren- und Dienstleistungshandel), Finanz- und Währungsrecht, Investitionsschutzrecht, Transport-, Kommunikations- und Wettbewerbsrecht, Rohstoffmärkte, Schutz des geistigen Eigentums, das Recht internationaler Kapital- und Finanztransaktionen, das Recht internationaler Warentransaktionen, Außenwirtschaftsrecht und Streitbeilegung. Die Neuauflage berücksichtigt u.a. Entwicklungen im Zusammenhang mit der Finanz- und Staatsschuldenkrise der letzten Jahre, der Bali-Konferenz der WTO und dem Lissabon-Vertrag der EU.


Regional Trade Agreements And The Wto Legal System

Regional Trade Agreements and the WTO Legal System PDF

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Author: Lorand Bartels
Publisher: OUP Oxford
ISBN:
Size: 45.16 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 604
View: 1111

Book Description: 'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.


Journal Of World Trade

Journal of World Trade PDF

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Author:
Publisher:
ISBN:
Size: 78.80 MB
Format: PDF, ePub
Category : Foreign trade regulation
Languages : en
Pages :
View: 2140

Book Description:


Development And The Rule Of Law In The Wto

Development and the Rule of Law in the WTO PDF

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Author: Intan Murnira Ramli
Publisher:
ISBN:
Size: 25.86 MB
Format: PDF, ePub
Category : Arbitration and award, International
Languages : en
Pages : 395
View: 2701

Book Description: International economic law has been evolving toward an unprecedented degree of institutionalism and supranational legal authority, expressed through the availability of legalistic and more coercive mechanisms to develop international legal obligations enforceable upon states. This book will explore the transparency of the Dispute Settlement Mechanism (DSM) within the World Trade Organization (WTO), the level of participation of the WTO members, especially those of the developing and the least-developed countries, and the attitude of the DSM in relation to the issue of development.


The European Union And The Wto Doha Round

The European Union and the WTO Doha Round PDF

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Author: Gabriele Tondl
Publisher: Nomos Verlagsgesellschaft Mbh & Company
ISBN:
Size: 10.20 MB
Format: PDF, ePub, Mobi
Category : Business & Economics
Languages : en
Pages : 176
View: 3326

Book Description: The WTO Doha Round has initiated one of the most difficult agendas in trade deregulation. The opening of substantial agricultural markets and the liberalization of the service sector have shown to be some of the most controversial and sensitive fields in multilateral trade liberalization. The gaps between the different positions of the world trading partners are particularly pronounced. This volume focuses on the agenda of the Doha Round from the perspective of the European Union. Experts from academia, the European Commission, the World Trade Organization, and the World Bank give an account of the agenda of the Doha Round and discuss the contentious interests of the EU and its trading partners. It is argued that the EU has a strong interest in the negotiations of the Doha Round, but faces potentially high adjustment requirements. On the one hand, enterprises in the EU press to gain market access to partner countries in a number of still protected manufacturing products and wish to access the rapidly growing service sector in developing countries where the EU might be highly competitive. On the other hand, the liberalization in agricultural products intended by developing countries and the US are met with fierce resistance in Europe. Moreover, the contributions reveal that the WTO has to resolve fundamental constitutional problems and must reform its dispute settlement system.


Negotiating The Review Of The Wto Dispute Settlement Understanding

Negotiating the Review of the WTO Dispute Settlement Understanding PDF

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Author: Thomas Alexander Zimmermann
Publisher: Cameron May
ISBN: 1905017170
Size: 11.23 MB
Format: PDF, Mobi
Category : Arbitration and award, International
Languages : en
Pages : 350
View: 5523

Book Description: Since the establishment of the WTO on 1 January 1995, the dispute settlement mechanism has arguably been the most active part of the Organization. In the first ten years up to 31 December 2004, a total of 324 consultation requests have been notified to the WTO. Dispute settlement practice has thus contributed to the evolution of the multilateral trading system even at times when political negotiations made little head way. Since late 1997, Members have engaged, under different mandates, in negotiations on improvements and clarifications to the dispute settlement mechanism. So far, none of these efforts have borne fruit and all the negotiating deadlines have lapsed without success. Currently, negotiations are continuing, however without any specific time limit. This book reviews the DSU reform negotiating process since 1998. It discusses the proposals that Members have submitted under the Doha mandated review in 2002 and 2003, w


Tilburg Foreign Law Review

Tilburg Foreign Law Review PDF

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Author:
Publisher:
ISBN:
Size: 31.25 MB
Format: PDF, Docs
Category : Comparative law
Languages : en
Pages :
View: 6501

Book Description: