Causation In The Law Of The World Trade Organization
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Causation in the Law of the World Trade Organization by Catherine Gascoigne Pdf
"Written both for scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. The book discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis"--
Injury and Causation in Trade Remedy Law by James J. Nedumpara Pdf
This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts. The book demonstrates that terms such as “principal cause,” “substantial cause” and “a cause in and of itself” are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.
The Development of World Trade Organization Law by Gregory Messenger Pdf
The World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
Causation in the Law of the World Trade Organization by Catherine Gascoigne Pdf
Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.
The World Trade Organization by Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn Pdf
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.
The History and Future of the World Trade Organization by Craig VanGrasstek Pdf
This comprehensive account of the establishment of the WTO focuses on those who shaped its creation as well as those who have influenced its evolution. It also examines trade negotiations, the WTO's dispute settlement role, the process of joining, and what lies ahead for the organization.
The Development of World Trade Organization Law by Gregory Messenger Pdf
As one of the pillars of economic globalisation, the WTO is at the heart of a complex network of rules and institutions. This volume analyses WTO law in light of the influence of globalised actors, identifying causal language as an indispensible component in understanding the development of WTO law.
The World Trade Organization by Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn Pdf
The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: first, where free trade is seen to be incompatible with environmental protection and, second, where WTO law confronts legal regimes governing issues of competition and intellectual property.
International Trade Law Center,Arthur E. Appleton,Michael G. Plummer
Author : International Trade Law Center,Arthur E. Appleton,Michael G. Plummer Publisher : Springer Science & Business Media Page : 3142 pages File Size : 53,6 Mb Release : 2007-12-31 Category : Law ISBN : 9780387226880
The World Trade Organization by International Trade Law Center,Arthur E. Appleton,Michael G. Plummer Pdf
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.
Author : K. D. Raju Publisher : Kluwer Law International B.V. Page : 522 pages File Size : 43,9 Mb Release : 2008-01-01 Category : Law ISBN : 9789041127808
World Trade Organization Agreement on Anti-dumping by K. D. Raju Pdf
The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.
The Legal and Economic Analysis of the WTO/FTA System by Dukgeun Ahn Pdf
The Legal and Economic Analysis of the WTO/FTA System presents a collation of interdisciplinary studies covering a wide range of issues from WTO dispute settlement issues to trade remedy systems and FTA negotiations. The author applies legal as well as economic rationales and methods to analyze core issues in the world trading system and in doing so, sheds an interesting light on various trade issues. The interdisciplinary analysis on WTO and FTA issues provides a unique opportunity to reconsider many conventional trade topics. For instance, the author shows that third country dumping rarely used in the GATT/WTO system may have a new role with economic incentives in the context of FTAs. Contents:Dispute Settlement in the WTO System:Understanding Non-litigated Disputes in the WTO Dispute Settlement SystemKorea in the GATT/WTO Dispute Settlement System: Legal Battle for Economic DevelopmentPractices and Theoretical Foundations of the Trade Remedy System:Alternative Approach to Causation Analysis in Trade Remedy Investigations: 'Cost of Production' TestThird Country Dumping: Origin, Evolution and ProspectRestructuring the WTO Safeguard Mechanism in The WTO Trade Remedy SystemFoe or Friend of GATT Article XXIV: Diversity in Trade Remedy RulesCountervailing Duty against China: Opening a Pandora's Box in the WTO System?United States — Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: Never Ending Zeroing in the WTO?International Decisions: United States — Definitive Anti-Dumping and Countervailing Duties on Certain Products from ChinaInterrelation between Trade and Finance:Linkages between International Trade and Financial Institutions: IMF, World Bank and WTOWTO Disciplines Under the IMF Program: Congruence or Conflict?Is the Chinese Exchange-rate Regime 'WTO-legal'?Book Review: International Law in Financial Regulation and Monetary AffairsLegal and Economic Analysis of Free Trade Agreements:Dispute Settlement Systems in Asian FTAs: Issues and ProblemsAnalysis of Anti-dumping Use in Free Trade AgreementsLegal Issues for Korea's "Internal Trade" in the WTO System Readership: Researchers, students, and members of the public who are interested in international trade or economic law, international economics and international political economy.
The Use of Economics in International Trade and Investment Disputes by Marion Jansen,Theresa Carpenter,Joost Pauwelyn Pdf
Containing contributions from both academic experts and practitioners, and from economic and legal experts, this book explores the use of economics in international economic law.
Women and Trade by World Bank;World Trade Organization Pdf
Trade can dramatically improve women’s lives, creating new jobs, enhancing consumer choices, and increasing women’s bargaining power in society. It can also lead to job losses and a concentration of work in low-skilled employment. Given the complexity and specificity of the relationship between trade and gender, it is essential to assess the potential impact of trade policy on both women and men and to develop appropriate, evidence-based policies to ensure that trade helps to enhance opportunities for all. Research on gender equality and trade has been constrained by limited data and a lack of understanding of the connections among the economic roles that women play as workers, consumers, and decision makers. Building on new analyses and new sex-disaggregated data, Women and Trade: The Role of Trade in Promoting Gender Equality aims to advance the understanding of the relationship between trade and gender equality and to identify a series of opportunities through which trade can improve the lives of women.
Safeguard Measures in World Trade by Yong-Shik Lee Pdf
Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's foremost authority on safeguard measures, has provided such a guide, here updated in its second edition. Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards;applicability of GATT Article XIX;interpretation and application of the Agreement on Safeguards, including non-discriminatory application of safeguards and justification of safeguards-in-response;transitional product-specific safeguard measures against China; andemergency safeguards to trade in services. The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea Dairy Products, Argentina Footwear, United States Wheat Glutten, United States Lamb Meat, Chile Price Band System, United States Line Pipe and United States Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. Other WTO rules considered include GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and Clothing; Article XII of the General Agreement on Trade in Services (GATS); and the Protocol on the Accession of the People's Republic of China. Safeguard Measures in World Trade comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.
