Standards Of Review In Wto Dispute Resolution
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Standards Of Review In Wto Dispute Resolution
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Author : Matthias Oesch
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
Standards Of Review In Wto Dispute Resolution written by Matthias Oesch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.
The Standard Of Review In Wto Dispute Settlement
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Author : Ross Becroft
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
The Standard Of Review In Wto Dispute Settlement written by Ross Becroft and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Political Science categories.
'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' David A. Gantz, The University of Arizona, US 'Ross Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement.' Bryan Mercurio, The Chinese University of Hong Kong 'This is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future.' Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-General This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.
Standards Of Review In The Wto Dispute Settlement System
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Author : Tsai-fang Chen
language : en
Publisher:
Release Date : 2011
Standards Of Review In The Wto Dispute Settlement System written by Tsai-fang Chen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Dispute resolution (Law) categories.
Free World Trade And The European Union
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Author : Antonio Pérez van Kappel
language : en
Publisher:
Release Date : 2000
Free World Trade And The European Union written by Antonio Pérez van Kappel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Dispute resolution (Law) categories.
The Wto Dispute Settlement System
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Author : Kati Kulovesi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
The Wto Dispute Settlement System written by Kati Kulovesi 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 2011-01-01 with Law categories.
Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following: challenges posed to the WTO by so-called and"linkageand" issues, such as environmental protection, labour, and investment; to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.
The Wto Dispute Settlement Procedures
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Author : World Trade Organization Secretariat
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-02
The Wto Dispute Settlement Procedures written by World Trade Organization Secretariat 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 2012-08-02 with Law categories.
The third edition of The WTO Dispute Settlement Procedures collects together the treaty texts, decisions and agreed practices relating to the procedures that apply in the settlement of WTO disputes. It affords ready answers to technical questions relating to matters such as: how disputes are initiated and conducted, including at the appellate stage; what deadlines apply and how to calculate them; what rules of conduct bind individuals involved in WTO dispute settlement; and what rules of procedure apply to meetings of the Dispute Settlement Body. This highly practical work, which includes cross-references and a subject index, will prove invaluable to anyone working in WTO dispute settlement, including lawyers, civil servants working in the field of trade, economists, academics and students. This edition has been fully updated to take account of revised rules and procedures.
The Wto Dispute Settlement Procedures
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Author : World Trade Organization
language : en
Publisher: Cambridge University Press
Release Date : 2001-03-22
The Wto Dispute Settlement Procedures 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 2001-03-22 with Law categories.
Practitioners will be familiar with the first edition of this classic book which was first published by the WTO in 1995. This new edition, co-published with Cambridge, takes into account legal decisions and other legal instruments adopted since 1995. New material has been added, including the 'Working Procedures for Appellate Review', and the 'Rules of Conduct for the DSU'. In the second edition the provisions on consultation and on dispute settlement in each of the Multilateral Trade Agreements covered by the DSU are now collected together. Older, less relevant material has been removed. The internal text design is somewhat altered too, and cross references between the texts have been extended. Key words within the index have been augmented to reflect the extended coverage. This is the procedural bible for practitioners, academics, students, and all who need to interact with the dispute settlement procedures of the WTO Panels and Appellate Body.
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 Law categories.
The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.
Good Faith In The Jurisprudence Of The Wto
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Author : Marion Panizzon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-10-19
Good Faith In The Jurisprudence Of The Wto written by Marion Panizzon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-19 with Law categories.
What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies. The Panel reports and the Appellate Body decisions make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively; that is, they apply good faith to fill lacunae in any of the WTO covered agreements. Also, adjudicators use the principle differently, depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement. As it applies to the former, good faith is used to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception to trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism. The book also introduces the novel field of WTO procedural law governing trade dispute litigation. In the Dispute Settlement Understanding (DSU), good faith appears in the standard of review, rules of evidence and fact-finding, standing, duty of prior consultation, right of establishment of a panel, ex officio investigations, withdrawal of notices of appeal, and the raising of objections. In all these areas it ensures that the rules of dispute resolution are not abused. The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly, promptly and effectively. Insights into good faith in WTO law are not only important for trade law professionals. Current applications and future operations of the principle are likely to be of strategic value for answering the increasingly pressing question of how WTO law and other international agreements ought to be reconciled.
Dispute Settlement Reports 2007 Volume 7 Pages 2701 3102
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Author : World Trade Organization
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-19
Dispute Settlement Reports 2007 Volume 7 Pages 2701 3102 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 2009-03-19 with Law categories.
The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2007.