The Law And Economics Of Wto Law


The Law And Economics Of Wto Law
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The Law And Economics Of Wto Law


The Law And Economics Of Wto Law
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Author : Iacovides, Marios C.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-12

The Law And Economics Of Wto Law written by Iacovides, Marios C. 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 2021-10-12 with Law categories.


This insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law.



The Law And Economics Of Wto Law


The Law And Economics Of Wto Law
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Author : Marios C. Iacovides
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-05

The Law And Economics Of Wto Law written by Marios C. Iacovides 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 2021-10-05 with categories.


This insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law. Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.



Legal And Economic Principles Of World Trade Law


Legal And Economic Principles Of World Trade Law
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Author : Henrik Horn
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-22

Legal And Economic Principles Of World Trade Law written by Henrik Horn 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 2013-04-22 with Law categories.


The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947–8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.



The Law And Economics Of Contingent Protection In The Wto


The Law And Economics Of Contingent Protection In The Wto
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Author : Petros C. Mavroidis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

The Law And Economics Of Contingent Protection In The Wto written by Petros C. Mavroidis 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 2010-01-01 with Political Science categories.


All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal



The World Trade Organization


The World Trade Organization
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Author : International Trade Law Center
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-12-31

The World Trade Organization written by International Trade Law Center and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-31 with Law categories.


The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.



The Law And Economics Of Globalisation


The Law And Economics Of Globalisation
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Author : Linda Y. Yueh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01

The Law And Economics Of Globalisation written by Linda Y. Yueh 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 2009-01-01 with Political Science categories.


The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization. American Society of International Law This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all academics and policy-makers working on global affairs. Alan Winters, University of Sussex, Chief Economist, UK Department for International Development and Former Head of Research, the World Bank This inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and international political economy. The authors shed new light on the legal, economic and institutional issues raised by globalisation, extending into areas previously considered as national issues. They discuss how the development of the norms, institutions and reach of the global system will be influenced by the domestic and international concerns arising from the increasing integration of countries in the new century. With contributions from lawyers, economists and other experts in the field, this book will be welcomed by academics, students, researchers, and policymakers who are interested in a comprehensive volume on economic globalisation. It will also appeal to a wider audience, such as executive education courses, as well as business and law schools.



World Trade Organization Wto


World Trade Organization Wto
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Author : Bernard M. Hoekman
language : en
Publisher: Routledge
Release Date : 2015-10-16

World Trade Organization Wto written by Bernard M. Hoekman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-16 with Political Science categories.


The World Trade Organization (WTO) is one of the most important international organizations in existence today. It contains a set of disciplines that affect the ability of governments to impose trade restrictions, and has helped to support the steady expansion of international trade since the 1950s. The WTO has been the focus of vociferous protests by anti-globalization activists and has experienced great difficulties in agreeing to new trade rules since its establishment. At the same time it has become the premier global forum for the settlement of trade disputes and has proven to provide a robust framework for international cooperation in the trade area. This book separates the facts from the propaganda and provides an accessible overview of the WTO’s history, structure and policies as well as a discussion of the future of the organization. It also confronts the criticisms of the WTO and assesses their validity. New to the second edition: discussion of legislative amendments to the WTO Agreement, in particular Aid for Trade, the Agreement on Trade Facilitation and the Bali Package evaluation of case law developments and major disputes since 2007, including analysis of the WTO and the financial crisis – in particular the trade policy responses of WTO Members and institutional response reflection on recent shifts to mega-regional agreements (TPP, TISA, TTIP) and their implications what next post Bali? Fully updated throughout, this book continues to be essential reading for students of international trade, international political economy, commercial law and international organizations as well as activists and others interested in a balanced account of a key global institution.



The Law And Policy Of The World Trade Organization


The Law And Policy Of The World Trade Organization
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Author : Peter Van den Bossche
language : en
Publisher: Cambridge University Press
Release Date : 2005-06-10

The Law And Policy Of The World Trade Organization written by Peter Van den Bossche 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 2005-06-10 with Law categories.


This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.



The Law And Economics Of International Trade Agreements


The Law And Economics Of International Trade Agreements
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Author : Alan O. Sykes
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-05-23

The Law And Economics Of International Trade Agreements written by Alan O. Sykes 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 2023-05-23 with Foreign trade regulation categories.


From the pen of highly esteemed trade scholar Alan Sykes, this book presents a rigorous introduction to the law and economics of modern international trade agreements. With a bottom-up approach that requires neither a background in international trade law nor significant economics training, Sykes sets out to map and explain the complex dynamics of international trade agreements and institutions, synthesising legal analysis and cutting-edge economic research in order to present the reader with a sophisticated, holistic view of the field. Against the backdrop of the current impasse in both negotiation and dispute settlement at the World Trade Organisation, the book charts a clear path from the historical origins of trade law and the international system, to the current state of play, including unpacking the major areas of controversy. It exposits the economic theory of trade agreements, discusses the role of international trade law in domestic legal systems and analyzes the role of self-enforcement and formal dispute resolution mechanisms. It provides lucid and detailed analysis of the restrictions, exceptions, obligations and special measures that constitute the core building blocks of international trade rules, including the distinct features of international trade in services. With an international outlook, the book also addresses the role of China in the world trading system, looking at such issues as the credibility of market access commitments, China's industrial policies, "forced technology transfer" and currency manipulation. Providing an eloquent, thorough and technically astute overview of international trade agreements, this title will be invaluable to scholars and teachers of international trade across the disciplines of law, economics and political science.



Theories And Practices Of Compliance With Wto Law


Theories And Practices Of Compliance With Wto Law
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Author : Yenkong Ngangjoh Hodu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-08-01

Theories And Practices Of Compliance With Wto Law written by Yenkong Ngangjoh Hodu 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 2012-08-01 with Law categories.


Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.