The Law And Politics Of Wto Waivers
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The Law And Politics Of Wto Waivers
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Author : Isabel Feichtner
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-24
The Law And Politics Of Wto Waivers written by Isabel Feichtner 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 2011-11-24 with Law categories.
Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international law.
Legal And Political Oversight Of Wto Waivers
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Author : James Harrison
language : en
Publisher:
Release Date : 2010
Legal And Political Oversight Of Wto Waivers written by James Harrison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
This article discusses the legal and political processes available within the WTO for the scrutiny and oversight of waivers. These procedures include the initial approval procedures, as well as procedures for overseeing the implementation of waivers once they have been approved. It is submitted that the certain aspects of a waiver are inherently political and the principal mechanisms for their oversight are through the political organs of the WTO. Dispute settlement is, however, available as a tool for determining whether or not a WTO Member has complied with the substantive terms and conditions of a waiver. In this light, this article considers the legal status of waivers in the context of dispute settlement. It concludes that waivers are best characterized as exceptions so that the state invoking the waiver bears the burden of proving that the terms and conditions have been met. The article also suggests that there is no need for a narrow interpretation of waivers and that the customary international law rules of treaty interpretation should apply.
World Trade Organization Wto
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Author : Bernard M. Hoekman
language : en
Publisher: Routledge
Release Date : 2007-08-07
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 2007-08-07 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. It is a unique organization in providing a framework for member states to make binding policy commitments that are enforced through a unique dispute settlement system and a variety of transparency mechanisms. Despite – or because of – its success, the WTO has recently become the focus of vociferous protests by anti-globalization activists. 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.
Law And Politics On Export Restrictions
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Author : Chien-Huei Wu
language : en
Publisher: Cambridge University Press
Release Date : 2023-06-30
Law And Politics On Export Restrictions written by Chien-Huei Wu 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 2023-06-30 with Law categories.
Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.
Legalization Of Development In The Wto
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Author : Amin M. Alavi
language : en
Publisher:
Release Date : 2009
Legalization Of Development In The Wto written by Amin M. Alavi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Antidumping duties categories.
It's often said that the WTO's Dispute Settlement Understanding (DSU) works more in favor of the richer members with their vastly greater resources. On the other hand, one of the principal objectives of the DSU was to create a fairer system, in which every member could bring forward a complaint, have it fully investigated, obtain a ruling on the compatibility of the measure or practice with WTO rules, and - more generally - "to have its day in court". The guiding principle was intended to be: "Every member is equal before the law", and this was designed to lead to fairer and more equal opportunities than a system where power politics could, and did, influence the results. This thoughtful and timely resource will examine the concept of "development" as both a political and legal norm - designed to safeguard the special interests of developing countries in international trade - in the context of GATT and WTO law. Among the critically important questions addressed... How can the political concept of development be incorporated in GATT/WTO law? Which areas of GATT/WTO law address development? How can a GATT/WTO legal normal affect a political process? How can the GATT/WTO legal regime be made more flexible? How has the GATT/WTO legal regime evolved vis-à-vis developing nations? What are the political and legal aspects of the DSU? How do states utilize the political/legal system and its dispute settlement mechanisms? How does the GATT/WTO judicial system deal with the political concept of development? In the context of the DSU, what is the nature and significance of the conflict between developing and developed countries
The Waiver Power Of The Wto
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Author : Isabel Feichtner
language : en
Publisher:
Release Date : 2008
The Waiver Power Of The Wto written by Isabel Feichtner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Conflict of laws categories.
Wto Law And Policy
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Author : Jae (University of Buckingham Sundaram, UK)
language : en
Publisher: Routledge
Release Date : 2022-04-12
Wto Law And Policy written by Jae (University of Buckingham Sundaram, UK) and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-12 with categories.
WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO), and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO's legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system and incorporates the most relevant case laws from WTO's jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the Covered Agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time.
The World Trade Organization
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Author : Bernard M. Hoekman
language : en
Publisher: Psychology Press
Release Date : 2007
The World Trade Organization written by Bernard M. Hoekman and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Part of the 'Global Institutions' series, this book is of interest to students of commercial law, international trade, international political economy and international organizations.
Conflict Of Norms In Public International Law
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Author : Joost Pauwelyn
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-31
Conflict Of Norms In Public International Law written by Joost Pauwelyn 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 2003-07-31 with Law categories.
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
The World Trade Organization
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Author : Mitsuo Matsushita
language : en
Publisher: Oxford University Press
Release Date : 2015
The World Trade Organization written by Mitsuo Matsushita and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.