The Jurisprudence Of Gatt And The Wto
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The Jurisprudence Of Gatt And The Wto
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Author : John H. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2007-03-05
The Jurisprudence Of Gatt And The Wto written by John H. Jackson 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 2007-03-05 with Law categories.
This book contains a selection of essays and articles by John H. Jackson previously published over four decades and now collected together into one volume. Each article has been selected for its continued timeliness and relevance to contemporary issues in international trade. Particular attention has been given to making available articles that have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. An indispensable addition to every international trade library.
Like Products In International Trade Law
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Author : Won-Mog Choi
language : en
Publisher: Columbia University Press
Release Date : 2003
Like Products In International Trade Law written by Won-Mog Choi and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
The obligations of international trade law hinge upon the question of what constitute 'like products'. This book seeks to develop consistent principles and an effective definition for this central issue of world trade law.
Environment And Trade
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Author : Nathalie Bernasconi-Osterwalder
language : en
Publisher: Earthscan
Release Date : 2012
Environment And Trade written by Nathalie Bernasconi-Osterwalder and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.
International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly carcinogenic asbestos-containing products or genetically modified crops? Does the WTO allow governments to protect dolphins or endangered sea turtles through the use of import restrictions on certain products? How can civil society participate in WTO dispute settlement? This Guide, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.
Wto Jurisprudence
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Author : Wenwei Guan
language : en
Publisher: Routledge
Release Date : 2020-06-04
Wto Jurisprudence written by Wenwei Guan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-04 with Law categories.
This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states’ attribution of authority through consent with legislative, administrative, and adjudicative functions – three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy – the force – ultimately for the benefits of individuals – the ends – in the global marketplace, and gains a soul of its own in the institutional evolution – the means – of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO’s ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO’s decision-making by consensus, the book critically examines GATT’s "common intention" treaty interpretation, Antidumping’s NME methodology, TRIPS’ public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.
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.
World Trade Organization Agreement On Anti Dumping
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Author : K. D. Raju
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
World Trade Organization Agreement On Anti Dumping written by K. D. Raju 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 2008-01-01 with Law categories.
The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.
The Principle Of National Treatment In The Gatt
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Author : Mattia Melloni
language : en
Publisher: Emile Bruylant
Release Date : 2005
The Principle Of National Treatment In The Gatt written by Mattia Melloni and has been published by Emile Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Commercial policy categories.
The analysis of the principle of national treatment in the GATT has shown many weaknesses or flaws over the years. The language used by GATT/WTO panels and the Appellate Body in interpreting the two prongs of it, namely, likeness and protection, lags behind economic reality. This study reveals those flaws or weaknesses and offers a clearer and sounder legal analysis based on economic criteria. Marrying law with economics seems to me to better help the WTO promulgate transparency amongst its Members while offering them legal certainty. Analogies with the law and the reasoning of the investigating authorities in the United States and the European Communities are drawn to support the legal arguments.
Gatt Wto And The Regulation Of International Trade In Textiles
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Author : Claudia Jiménez Cortés
language : en
Publisher: Routledge
Release Date : 2018-08-20
Gatt Wto And The Regulation Of International Trade In Textiles written by Claudia Jiménez Cortés and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-20 with Law categories.
Published in 1997, in this book an attempt has been made to analyze the legal structure of GATT and the WTO as well as those agreements which control trade in textiles. One of the GATT’s major failures was its inability to come into line with the new economic reality and the needs of those states who created this system for controlling international trade. Trade in textiles was an excellent example of this. Now, the WTO aims to overcome this problem thanks to its greater pragmatism and its search for solutions to free trade difficulties. The WTO is not, however, the perfect solution. Its highly political character allows room for improvement even though the key to its success still lies with the effective cooperation of member states. As for the textile sector, this new panorama for trade in goods provides it with a new opportunity to finally return to the general legal framework in the year 2005.
The World Trade Organization
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Author : John Howard Jackson
language : en
Publisher: Burns & Oates
Release Date : 1998
The World Trade Organization written by John Howard Jackson and has been published by Burns & Oates this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.
By the author of Restructuring the GATT System, this study discusses the strengths and limitations of the World Trade Organization and how it will need to adapt to meet new demands.
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.