Wto Retaliation
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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 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.
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.
Crimes And Punishments
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Author : Robert Z Lawrence
language : en
Publisher: Columbia University Press
Release Date : 2003-10-15
Crimes And Punishments written by Robert Z Lawrence 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 2003-10-15 with Political Science categories.
One of the unique aspects of the WTO as an international organization is that it authorizes members to retaliate against violations by raising tariffs. These authorizations have become increasingly common and increasingly controversial. In this analysis of the retaliation system, Robert Lawrence considers the guiding principles that govern responses to WTO violations, examines how these principles are implemented in practice, and considers options for reform.
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.
In Place Of Inter State Retaliation
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Author : William Phelan
language : en
Publisher:
Release Date : 2015
In Place Of Inter State Retaliation written by William Phelan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.
Tariff Retaliation Versus Financial Compensation In The Enforcement Of International Trade Agreements
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Author : Nuno Limão
language : en
Publisher: World Bank Publications
Release Date : 2006
Tariff Retaliation Versus Financial Compensation In The Enforcement Of International Trade Agreements written by Nuno Limão and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Barreras comerciales categories.
"The authors analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. They show that monetary fines are more efficient than tariffs in terms of granting compensation to injured parties when there are violations in equilibrium. However, fines suffer from an enforcement problem since they must be paid by the violating country. If fines must ultimately be supported by the threat of retaliatory tariffs, they fail to yield a more cooperative outcome than the current system. The authors also consider the use of bonds as a means of settling disputes. If bonds can be posted with a third party, they do not have to be supported by retaliatory tariffs and can improve the negotiating position of countries that are too small to threaten tariff retaliation. "--World Bank web site.
Non Compliance In Wto Dispute Settlement
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Author : Michelle Limenta
language : en
Publisher:
Release Date : 2012
Non Compliance In Wto Dispute Settlement written by Michelle Limenta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
This paper concerns the purposes of WTO retaliation. There are two most competing purposes of WTO retaliation: inducing compliance and rebalancing. My paper introduces another purpose of retaliation that is reflected in the EC - Hormones dispute: inducing a mutually agreeable solution. In May 2009 the European Union and the United States signed a memorandum of understanding (MOU) implementing an agreement that promises to end the long-standing dispute on hormone-treated beef. The memorandum sets up three phases in which the European Union would get to maintain its ban on the import of hormone-treated beef, but concurrently would provide a new tariff-free import quota for high-quality beef from the United States. In return, the United States would reduce and terminate its retaliatory measures on certain European Union exports. Accordingly, retaliatory sanctions imposed by the United States would be terminated not because the European Union has removed its inconsistent measures, but because both states have reached and agreed upon a mutually satisfactory settlement. Put differently, retaliation measures imposed by the United States do not induce the withdrawal of the inconsistent measures (compliance) but a mutually agreeable solution. The questions are does the DSU contemplate this purpose? Does this kind of purpose undermine the WTO dispute settlement system? My paper provides four primary arguments to promote the purpose of inducing a mutually agreeable solution: (1) WTO retaliation has multiple purposes; (2) Articles 22.8 and 3.7 of the DSU provide a legal basis for this purpose [inducing a mutually agreeable solution]; (3) this purpose supports the aim of the WTO dispute settlement system stipulated under Article 3.2 of the DSU (security and predictability); and (4) this purpose is the best alternative or option to settle the dispute when the purpose of inducing compliance is not attainable.
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 Use Of Retaliations In The Wto System
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Author : Dunja Lösgen
language : de
Publisher: GRIN Verlag
Release Date : 2011
The Use Of Retaliations In The Wto System written by Dunja Lösgen and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Business & Economics categories.
Studienarbeit aus dem Jahr 2011 im Fachbereich BWL - Recht, Carl von Ossietzky Universität Oldenburg, Sprache: Deutsch, Abstract: Table of Contents 1. Table of Figures 3 2. List of Abbreviations 4 3. Introduction 5 4. The World Trade Organization 5 4.1 The Dispute Settlement Understanding 5 4.1.1 The Implementation Stage 6 4.1.2 Compensation and the Suspension of Concessions 8 5. The Use of Retaliations in the Dispute Settlement Procedure 9 5.1 Three-Stage Retaliation 9 5.2 Possibility of Arbitration within the DSU 10 6. The WTO Retaliation System in Practice 11 6.1 Problems within the WTO Retaliation System 11 6.2 Cases of Retaliation under the Dispute Settlement System 12 6.2.1 Statistical Overview of Retaliations within the WTO 12 7. Conclusion 14 Bibliography 15