The Case For Tradable Remedies In Wto Dispute Settlement
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The Case For Tradable Remedies In Wto Dispute Settlement
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Author : Kyle Bagwell
language : en
Publisher: World Bank Publications
Release Date : 2004
The Case For Tradable Remedies In Wto Dispute Settlement written by Kyle Bagwell and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
The Case For Tradable Remedies In Wto Dispute Settlement
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Author : Kyle Bagwell
language : en
Publisher:
Release Date : 2016
The Case For Tradable Remedies In Wto Dispute Settlement written by Kyle Bagwell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
In response to concerns over the efficacy of the WTO dispute settlement system, especially in regard to its use by developing countries, Mexico has tabled a proposal to introduce tradable remedies within the Dispute Settlement Understanding. The idea is that a country that has won cause before the WTO, and who is facing non-implementation by the author of the illegal act but feels that its own capacity to exercise its right to impose countermeasures is unlikely to lead to compliance, can auction off that right. The attractiveness of this idea is that it offers an additional possibility to injured WTO members to get something from the dispute settlement mechanism without putting into question the legal nature of the existing contract, that is, the predominantly decentralized system of enforcement in the WTO. Examining all disputes brought to the WTO since its inception, the authors find some support for Mexico's perception that developing countries face a practical problem when they attempt to carry through with effective retaliation within the WTO system. And based on the formal results of Bagwell, Mavroidis, and Staiger (2003), they describe arguments that lend some support to the efficacy of Mexico's proposed solution from the perspective of formal economic theory.This paper - a product of Trade, Development Research Group - is part of a larger effort in the group to promote discussions on the efficacy of the WTO dispute settlement system.
Trade Remedies And World Trade Organization Dispute Settlement
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Author : Chad P. Bown
language : en
Publisher: World Bank Publications
Release Date : 2005
Trade Remedies And World Trade Organization Dispute Settlement written by Chad P. Bown and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Dumping (International trade) categories.
Abstract: "Antidumping and related trade remedies are the most popular policy instruments that many of the largest importing countries in the World Trade Organization (WTO) system use to restrict international trade. While such trade remedies are also frequent targets of dispute settlement activity under the WTO, given that Panel and Appellate Body rulings have almost invariably found that some aspect of each reviewed remedy was inconsistent with WTO obligations, an open research question is why aren't more remedies targeted by dispute settlement? The author provides a first empirical investigation of the trade remedy and WTO dispute settlement interaction by focusing on determinants of WTO members' decisions of whether to formally challenge U.S. trade remedies imposed between 1992 and 2003. He provides evidence that it is not only the size of the economic market at stake and the capacity to retaliate under potential DSU (dispute settlement understanding)-authorized sanctions that influence the litigation decision of whether to formally challenge a measure at the WTO. The author also finds that if the negatively affected foreign industry has the capacity to directly retaliate through a reciprocal antidumping investigation and measure of its own, its government is less likely to pursue the case on its behalf at the WTO. This is consistent with the theory that potential complainants may be avoiding WTO litigation in favor of pursuing reciprocal antidumping and hence "vigilante justice." "--World Bank web site.
Trade Remedies And World Trade Organization Dispute Settlement
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Author : Chad P. Bown
language : en
Publisher:
Release Date : 2015
Trade Remedies And World Trade Organization Dispute Settlement written by Chad P. Bown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Antidumping and related trade remedies are the most popular policy instruments that many of the largest importing countries in the World Trade Organization system use to restrict international trade. While such trade remedies are also frequent targets of dispute settlement activity under the WTO, given that Panel and Appellate Body rulings have almost invariably found that some aspect of each reviewed remedy was inconsistent with WTO obligations, an open research question is why aren't more remedies targeted by dispute settlement? This paper provides a first empirical investigation of the trade remedy and WTO dispute settlement interaction by focusing on determinants of WTO members' decisions of whether to formally challenge U.S. trade remedies imposed between 1992 and 2003. We provide evidence that it is not only the size of the economic market at stake and the capacity to retaliate under potential Dispute Settlement Understanding - authorized sanctions that influence the litigation decision of whether to formally challenge a measure at the WTO. We also find that if the negatively affected foreign industry has the capacity to directly retaliate through a reciprocal antidumping investigation and measure of its own, its government is less likely to pursue the case on its behalf at the WTO. This is consistent with the theory that potential complainants may be avoiding WTO litigation in favor of pursuing reciprocal antidumping and hence vigilante justice.
Remedies Under The Wto Legal System
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Author : R. Rajesh Babu
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-07-25
Remedies Under The Wto Legal System written by R. Rajesh Babu 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 2012-07-25 with Law categories.
The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.
Wto Trade Remedies In International Law
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Author : Roberto Soprano
language : en
Publisher: Routledge
Release Date : 2018-07-24
Wto Trade Remedies In International Law written by Roberto Soprano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-24 with Law categories.
World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
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.
Wto Trade Remedies
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Author : Peter-Tobias Stoll
language : en
Publisher: BRILL
Release Date : 2008-06-25
Wto Trade Remedies written by Peter-Tobias Stoll and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-25 with Business & Economics categories.
In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.
Implementation Of The Results Of Wto Trade Remedy Cases
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Author : William J. Davey
language : en
Publisher:
Release Date : 2005
Implementation Of The Results Of Wto Trade Remedy Cases written by William J. Davey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
This paper analyzes the results of WTO dispute settlement consultation requests involving trade remedies - antidumping, countervail and safeguard cases. The paper focuses on what actually happened in the cases where reports were adopted - examining the time that it took to obtain implementation and to the quot;qualityquot; of implementation, i.e., was the trade remedy measure significantly altered and did the implementation action actually resolve the dispute? In addition to an analysis of the cases that led to panel and Appellate Body reports, the paper also examines the results of consultation requests in the trade-remedy area made through 31 December 2004. Within each trade-remedy category, the paper's analysis is sub-divided on a country-by-country basis, with special attention paid to the United States, which was the respondent in most of these cases - 17 of 29, or almost 60%. The paper finds that implementation in safeguards cases occurred without problems and on time. The measures found to have violated the rules were simply removed, albeit often at the time they were scheduled to expire. In contrast, implementation in antidumping and countervail cases has been more problematic. In many of those cases, the authority imposing the challenged measure has made revised determinations and calculations, and then continued the measure in effect. This has often led to claims that there has not been appropriate implementation.
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.