International Trade Law And The Gatt Wto Dispute Settlement System
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The Gatt Wto Dispute Settlement System
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Author : Ernst-Ulrich Petersmann
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1997-02-11
The Gatt Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-02-11 with Political Science categories.
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.
International Trade Law And The Gatt Wto Dispute Settlement System
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Author : Ernst-Ulrich Petersmann
language : en
Publisher:
Release Date : 1997-01-01
International Trade Law And The Gatt Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Business & Economics categories.
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.
Wto Institutions And Dispute Settlement
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Author : Rüdiger Wolfrum
language : en
Publisher: BRILL
Release Date : 2006-05-29
Wto Institutions And Dispute Settlement written by Rüdiger Wolfrum and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-05-29 with Business & Economics categories.
Two of the greatest achievements of the Uruguay Round were the establishment of the World Trade Organization (WTO) as – compared to the GATT – a fully-fledged international organization and the creation of a new, uniform and binding dispute settlement system. While the failure of the Ministerial Conferences in Seattle and Cancún revealed the first cracks in the institutional structure of the WTO, the operation of the new dispute settlement system has so far been a remarkable success. 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, Articles XXII, XXIII, and XXIV GATT 1994, the Dispute Settlement Understanding, the Trade Review Policy Mechanism, the Understanding in Respect of Waivers of Obligations under the GATT 1994 and the Understanding on the Interpretation of Article XXIV GATT 1994. Written by a team of distinguished scholars and practitioners, the volume is an indispensable work of reference for all those interested in the WTO institutional fundamentals and the dispute settlement system (international lawyers, scholars and students of WTO law, diplomats and international civil servants, members of NGOs).
Dispute Settlement In The World Trade Organization
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Author : David Palmeter
language : en
Publisher: Cambridge University Press
Release Date : 2004-04
Dispute Settlement In The World Trade Organization written by David Palmeter and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04 with Business & Economics categories.
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.
International Trade Law And The Evolution Of The Gatt Wto Dispute Settlement System
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Author : Ernst-Ulrich Petersmann
language : en
Publisher:
Release Date : 1997
International Trade Law And The Evolution Of The Gatt Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with categories.
Reform And Development Of The Wto Dispute Settlement System
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Author : Dencho Georgiev
language : en
Publisher: Cameron May
Release Date : 2006
Reform And Development Of The Wto Dispute Settlement System written by Dencho Georgiev and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Arbitration and award, International categories.
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.
Trade Disputes And The Dispute Settlement Understanding Of The Wto
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Author : James C. Hartigan
language : en
Publisher: Emerald Group Publishing
Release Date : 2009-02-01
Trade Disputes And The Dispute Settlement Understanding Of The Wto written by James C. Hartigan and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-01 with Political Science categories.
Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
Retaliation In The Wto Dispute Settlement System
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Author : Madeleine Merkx
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-08-01
Retaliation In The Wto Dispute Settlement System written by Madeleine Merkx and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-01 with Law categories.
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.
The Wto As A Legal System
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Author : N. David Palmeter
language : en
Publisher: Cameron May
Release Date : 2003
The Wto As A Legal System written by N. David Palmeter and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Commercial policy categories.
A Handbook On The Wto Dispute Settlement System
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Author : World Trade Organization
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-14
A Handbook On The Wto Dispute Settlement System written by World Trade Organization and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-14 with Business & Economics categories.
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.