The Law Economics And Politics Of Retaliation In Wto Dispute Settlement
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The Law Economics And Politics Of Retaliation In Wto Dispute Settlement
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Author : Chad P. Bown
language : en
Publisher: Cambridge University Press
Release Date : 2010-01-07
The Law Economics And Politics Of Retaliation In Wto Dispute Settlement written by Chad P. Bown 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 2010-01-07 with Business & Economics categories.
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
Wto Retaliation
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Author : Michelle Limenta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-23
Wto Retaliation written by Michelle Limenta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-23 with Law categories.
The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.
The Wto Dispute Settlement Mechanism
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Author : Alberto do Amaral Júnior
language : en
Publisher: Springer
Release Date : 2019-04-09
The Wto Dispute Settlement Mechanism written by Alberto do Amaral Júnior and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-09 with Law categories.
This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.
Retaliation In The Wto Dispute Settlement System
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Author : Madeleine Merkx
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-08-01
Retaliation In The Wto Dispute Settlement System written by Madeleine Merkx 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 2013-08-01 with Law categories.
Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.
Trade Retaliation In Wto Dispute Settlement
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Author : Chad Brown
language : en
Publisher:
Release Date : 2018
Trade Retaliation In Wto Dispute Settlement written by Chad Brown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
It is hard to think of a better topic for multi-disciplinary study than trade retaliation in the WTO. When a country violates WTO rules, the remedy of last resort is bilateral, state-to-state trade sanctions. Such trade sanctions are imposed against the violating country by one or more other WTO members that took the initiative to challenge the breach. WTO retaliation must, however, be multilaterally authorized by the WTO following, first, an elaborate procedure establishing (continued) breach in the first place and, second, an arbitration on whether the retaliation is 'equivalent' or 'appropriate' in light of the harm caused by the original violation. This is where the law comes in: Arbitrators must apply legal criteria to assess the harm caused by a WTO violation, select benchmarks and counterfactuals to do so, as well as decide, where requested, on whether the conditions for so-called cross-retaliation are met (that is, retaliation in the form of, for example, suspending intellectual property rights in response to a WTO-inconsistent import restriction). This process obviously involves economics as well, both economic theory (what is the role of violation-cum-retaliation in an incomplete contract?; what is the optimal design of remedies for breach of contract?) and applied or quantitative economics (how does one calculate lost trade, lost royalties or other economic harm caused by a WTO violation?; how does one make sure that the retaliation in response is 'equivalent'?). Finally, the design, implementation and effectiveness of WTO retaliation is deeply political, ranging from the decision of whether to retaliate in the first place (especially salient in developing countries) to selecting specific products to retaliate against (e.g. with a view to compensate or protect domestic, import-competing industries at home, say, Mexico keeping out US corn syrup to please Mexican cane sugar producers; or, alternatively, to exert maximum political pressure in the violating country, say, the EC restricting Florida orange juice to affect US President Bush's re-election chances in 2004).
The Wto Dispute Settlement System
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Author : Mavroidis, Petros C.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-07-15
The Wto Dispute Settlement System written by Mavroidis, Petros 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 2022-07-15 with Political Science categories.
This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
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.
Optimal Sanctions In The Wto
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Author : Alan Sykes
language : en
Publisher:
Release Date : 2009
Optimal Sanctions In The Wto written by Alan Sykes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Various commentators have suggested that the current system of trade sanctions for violation of WTO obligations be replaced with financial compensation. The details of these proposals vary, but one option is to allow firms injured by violations to recover damages. This paper questions the wisdom of such proposals, and argues that the current system in which those injured by violations do not reap the benefit of sanctions - a “decoupled” sanctions regime in economic parlance - may well be superior for a number of reasons. The paper also reviews and refines the view of current WTO practice as an analogue to expectation damages in private contracts. The original version of this paper was prepared for the interdisciplinary workshop on The Calculation and Design of Trade Sanctions in WTO Dispute Resolution, at the Graduate Institute in Geneva, 2008. The revised version will appear in The Law, Economics and Politics of Retaliation in WTO Dispute Settlement, forthcoming from Cambridge University Press.
The Political Economy Of International Trade Law
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Author : Daniel L. M. Kennedy
language : en
Publisher: Cambridge University Press
Release Date : 2002-05-23
The Political Economy Of International Trade Law written by Daniel L. M. Kennedy 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 2002-05-23 with Law categories.
International experts from law, economics and political science provide in-depth analysis of international trade issues. Attorneys, economists and political scientists adopt a common viewpoint, entitled 'transcending the ostensible'. This approach directs particular attention to the possibility that WTO legal institutions, like other international legal institutions, will function in unexpected ways due to the political and economic conditions of the international environment in which they have been created, and in which they operate. A range of trade problems are considered here. Topics include the constitutional dimensions of international trade law, adding subjects and restructuring existing subjects to international trade law, the legal relations between developed and developing countries, and the operation of the WTO dispute settlement procedure. This will be an essential volume for professionals and academics involved with international trade policy.
Wto Retaliation
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Author : Michelle Engel Limenta
language : en
Publisher:
Release Date : 2014
Wto Retaliation written by Michelle Engel Limenta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Arbitration categories.