Developing Countries In The Wto Legal System

Author : Chantal Thomas,Joel P. Trachtman
Publisher : Oxford University Press
Page : 536 pages
File Size : 45,6 Mb
Release : 2009
Category : Language Arts & Disciplines
ISBN : 9780195383614

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Developing Countries in the WTO Legal System by Chantal Thomas,Joel P. Trachtman Pdf

With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.

Author : Amin M. Alavi
Publisher : Unknown
Page : 0 pages
File Size : 49,7 Mb
Release : 2009
Category : Antidumping duties
ISBN : 904112795X

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Legalization of Development in the WTO by Amin M. Alavi Pdf

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

Author : R. Rajesh Babu
Publisher : Martinus Nijhoff Publishers
Page : 517 pages
File Size : 49,6 Mb
Release : 2012-07-25
Category : Law
ISBN : 9789004209039

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Remedies under the WTO Legal System by R. Rajesh Babu Pdf

The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.

Author : Gregory C. Shaffer,Ricardo Meléndez-Ortiz
Publisher : Cambridge University Press
Page : 373 pages
File Size : 40,9 Mb
Release : 2010-11-18
Category : Law
ISBN : 9781139493284

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Dispute Settlement at the WTO by Gregory C. Shaffer,Ricardo Meléndez-Ortiz Pdf

This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.

Author : Robert E. Hudec
Publisher : Cambridge University Press
Page : 233 pages
File Size : 40,5 Mb
Release : 2010-11-15
Category : Law
ISBN : 9781139495530

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Developing Countries in the GATT Legal System by Robert E. Hudec Pdf

In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.

Author : Lorand Bartels,Federico Ortino
Publisher : Oxford University Press, USA
Page : 648 pages
File Size : 54,5 Mb
Release : 2006
Category : Business & Economics
ISBN : UOM:39015067659782

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Regional Trade Agreements and the WTO Legal System by Lorand Bartels,Federico Ortino Pdf

'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.

Author : Guiguo Wang
Publisher : Martinus Nijhoff Publishers
Page : 385 pages
File Size : 50,5 Mb
Release : 2011-12-15
Category : Law
ISBN : 9789004218543

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Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective by Guiguo Wang Pdf

The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.

Author : Gregory C. Shaffer,Ricardo Meléndez-Ortiz
Publisher : Unknown
Page : 372 pages
File Size : 41,7 Mb
Release : 2014-05-14
Category : BUSINESS & ECONOMICS
ISBN : OCLC:851330031

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Dispute Settlement at the WTO by Gregory C. Shaffer,Ricardo Meléndez-Ortiz Pdf

An evaluation of the experiences of individual developing countries in developing mechanisms to access the WTO legal system.

Author : Roberto Soprano
Publisher : Routledge
Page : 162 pages
File Size : 54,7 Mb
Release : 2018-07-24
Category : Law
ISBN : 9781351747677

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WTO Trade Remedies in International Law by Roberto Soprano Pdf

World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.

Author : N. David Palmeter
Publisher : Cameron May
Page : 371 pages
File Size : 51,8 Mb
Release : 2003
Category : Commercial policy
ISBN : 9781874698340

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The WTO as a Legal System by N. David Palmeter Pdf

Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 53,7 Mb
Release : 2019-04-09
Category : Law
ISBN : 9783030032630

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The WTO Dispute Settlement Mechanism by Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro Pdf

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.

Author : Dencho Georgiev,Kim van der Borght
Publisher : Cameron May
Page : 488 pages
File Size : 50,8 Mb
Release : 2006
Category : Arbitration and award, International
ISBN : 9781905017249

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Reform and Development of the WTO Dispute Settlement System by Dencho Georgiev,Kim van der Borght Pdf

The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.

Author : Niall Meagher
Publisher : Unknown
Page : 12 pages
File Size : 42,7 Mb
Release : 2015
Category : Legal aid
ISBN : OCLC:910105624

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Representing Developing Countries Before the WTO by Niall Meagher Pdf

Author : Merit E. Janow,Victoria Donaldson,Alan Yanovich
Publisher : Juris Publishing, Inc.
Page : 31 pages
File Size : 43,7 Mb
Release : 2008-01-01
Category : Business & Economics
ISBN : 9781578232321

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The WTO by Merit E. Janow,Victoria Donaldson,Alan Yanovich Pdf

This volume brings together essays by world-renowned leaders in the field of international trade examining the operation of the WTO and its dispute settlement system. The experts who have contributed to this book include policymakers, scholars, lawyers and diplomats. Two major areas of inquiry are undertaken. The first half of this volume examines the governance and operation of the WTO and the international trading system. It pays particular attention to issues that affect developing country members of the WTO. The second half of this volume contains a detailed examination of the performance, operation, and challenges of the WTO's dispute settlement system. This book is an outgrowth of a conference held at Columbia University in New York in the spring of 2006. The conference was the last of a series of five regional gatherings held around the world to commemorate the 10th anniversary of the WTO and its dispute settlement system. This volume includes essays that shed further light on some of the themes raised in those discussions, as well as edited transcripts from that conference.

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 53,5 Mb
Release : 2011-11-01
Category : Juvenile Nonfiction
ISBN : 9781849805421

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Social Regulation in the WTO by Krista Nadakavukaren Schefer Pdf

'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.