Wto Jurisprudence
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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.
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.
A Digest Of Wto Jurisprudence On Public International Law Concepts And Principles
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Author : Graham Cook
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-02
A Digest Of Wto Jurisprudence On Public International Law Concepts And Principles written by Graham Cook 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 2015-07-02 with Law categories.
In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.
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.
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.
Wto Jurisprudence And Its Critiques
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Author : William J. Magnuson
language : en
Publisher:
Release Date : 2015
Wto Jurisprudence And Its Critiques written by William J. Magnuson 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.
In a time of financial crisis and rising demand for economic protectionism, the World Trade Organization, promoting free trade and economic growth, has never been more important. Enforcement of the WTO's provisions has grown increasingly contentious and high-stakes, and the Appellate Body empowered to rule on violations of the treaty has received harsh criticism. Three elements of WTO jurisprudence, in particular, stand out. First, the court's excessive use of narrow textualist argument tends to lead to short-sighted decisions that give little guidance to member states. Second, the court's decisions have increasingly interfered with sensitive democratic processes in sovereign countries. Third, the opinions handed down by the court have led countries to adopt trade-restrictive, rather than trade-liberalizing, measures. These criticisms of WTO jurisprudence present serious challenges to the very raison d'être of the WTO. This jurisprudence cannot be explained without reference to the AB's history as an institution awkwardly positioned somewhere between the realm of diplomacy and law. This Article will argue that the WTO's jurisprudence can be usefully understood as a kind of resistance to constitutionalization in international trade law. The narrow textualism of the AB was intended to reduce the amount of contestation and politics at the WTO, but, paradoxically, the AB's resistance to constitutionalization has actually created the very controversy and division that it seeks to avoid.
Wto Law And Policy
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Author : Jae Sundaram
language : en
Publisher: Routledge
Release Date : 2022-04-11
Wto Law And Policy written by Jae Sundaram and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-11 with Law 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 the 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 Wto Case Law Of 2001
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Author : Henrik Horn
language : en
Publisher: Cambridge University Press
Release Date : 2004-01-22
The Wto Case Law Of 2001 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 2004-01-22 with Law categories.
This book was the first in a groundbreaking series of annual volumes utilized in the development of an American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2001 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each of the cases is jointly evaluated by an economist and a lawyer, both well-known experts in the field of trade law or international economics. The Reporters critically review the jurisprudence of WTO adjudicating bodies and attempt to evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The Studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.
The Wto Case Law Of 2002
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Author : Henrik Horn
language : en
Publisher:
Release Date : 2006-12-21
The Wto Case Law Of 2002 written by Henrik Horn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-21 with Law categories.
Second annual report of the American Law Institute project on World Trade Organization Case Law (2002), first published in 2005.