Injury And Causation In Trade Remedy Law

Author : James J. Nedumpara
Publisher : Springer
Page : 262 pages
File Size : 51,5 Mb
Release : 2016-11-25
Category : Law
ISBN : 9789811021978

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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.

Author : Catherine Gascoigne
Publisher : Cambridge University Press
Page : 297 pages
File Size : 54,6 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781316511305

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Causation in the Law of the World Trade Organization by Catherine Gascoigne Pdf

Proposes an alternative methodology for determining causation in WTO law by drawing on causal philosophy and econometric analysis.

Author : Pieter Van Vaerenbergh
Publisher : Springer Nature
Page : 233 pages
File Size : 48,7 Mb
Release : 2023-09-28
Category : Law
ISBN : 9783031381720

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Greening Trade Remedies by Pieter Van Vaerenbergh Pdf

This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.

Author : Gregory Wells Bowman,Nick Covelli
Publisher : Kluwer Law International B.V.
Page : 746 pages
File Size : 49,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041128409

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Trade Remedies in North America by Gregory Wells Bowman,Nick Covelli Pdf

and political underpinnings." --Book Jacket.

Author : Leïla Choukroune,James J. Nedumpara
Publisher : Cambridge University Press
Page : 847 pages
File Size : 49,6 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781108423885

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International Economic Law by Leïla Choukroune,James J. Nedumpara Pdf

An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.

Author : United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade
Publisher : Unknown
Page : 548 pages
File Size : 46,9 Mb
Release : 1983
Category : Antidumping duties
ISBN : PURD:32754077525552

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Options to Improve the Trade Remedy Laws by United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade Pdf

Author : Roberto Soprano
Publisher : Routledge
Page : 162 pages
File Size : 53,6 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 : Thomas Weishing Huang
Publisher : Kluwer Law International B.V.
Page : 342 pages
File Size : 48,9 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041121486

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Trade Remedies by Thomas Weishing Huang Pdf

As international trade turns increasingly toward China, it is crucial for trade practitioners to grasp the law of trade remedies as practiced in that country. Since China acceded to the World Trade Organization in 2002, its liberal and even enthusiastic interpretation of the WTO rules (and exceptions) on dumping, subsidies and safeguards?frequently noted in its rigorous antidumping enforcement activity?has revealed China?s adherence to the ?infant industry? theory of international trade. China?s concerted use of trade remedies can be best understood as the government?s support of its industries?which not long ago were merely units in a centrally-planned economy?as they struggle toward competitive advantage. However, for trade professionals outside of China, these specialized circumstances can give rise to serious legal difficulties. It is in order to forestall such problems, with keen analysis and informed insight, that this book has been written. The reader will find enormously helpful analysis of, and information about, such relevant details as the following, among many more: the role of the China State Economic and Trade Commission (SETC) and other official bodies; how petitions for antidumping and anti-subsidy investigations are filed; ?normal value? and ?constructed value? and their adjustments; actionable and non-actionable subsidies; assistance to disadvantaged regions, for reform activities, and for environmental reasons; indirect taxes; injury criteria of dumping and subsidies; fact patterns that give rise to safeguards; subject matter jurisdiction of judicial review; and administrative review. Trade Remedies: Law of Dumping, Subsidies and Safeguards in China expertly covers an important area of practice where little or no reliable materials existed before. In a world trade environment where China?s significance is growing rapidly, this book?s value for legal practitioners, trade officials, trade policymakers and academics in international trade law, anywhere in the world, cannot be overstated.

Author : Larry V. Fedorov
Publisher : Nova Publishers
Page : 178 pages
File Size : 51,9 Mb
Release : 2003
Category : Business & Economics
ISBN : 159033650X

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United States Agricultural Trade by Larry V. Fedorov Pdf

This book on agriculture issues in the United States identifies the trends of agricultural trade, examines the commodity composition of agricultural exports and imports, assesses the relative importance of agricultural exports in relation to domestic production, provides estimates of export market shares for major categories of agricultural products, and discusses the principal markets for exports as well as major suppliers of agricultural products to the US market. Also, figures and data are provided that deal with the US-Mexico agricultural trade policies and issues.

Author : Peter-Tobias Stoll,Michael Koebele
Publisher : BRILL
Page : 1004 pages
File Size : 50,5 Mb
Release : 2008-06-25
Category : Business & Economics
ISBN : 9789047427353

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WTO - Trade Remedies by Peter-Tobias Stoll,Michael Koebele Pdf

Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach.

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
Page : 1400 pages
File Size : 40,6 Mb
Release : 2011-06-06
Category : Law
ISBN : 9789041139344

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EU Anti-Dumping and Other Trade Defence Instruments by Van Bael & Bellis Pdf

European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.

Author : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 942 pages
File Size : 43,9 Mb
Release : 2015
Category : Business & Economics
ISBN : 9780199571857

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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.

Author : Dukgeun Ahn
Publisher : World Scientific
Page : 384 pages
File Size : 47,9 Mb
Release : 2016-02-29
Category : Business & Economics
ISBN : 9789814704366

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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.

Author : Fernando Piérola
Publisher : Cambridge University Press
Page : 419 pages
File Size : 52,9 Mb
Release : 2014-09-08
Category : Business & Economics
ISBN : 9781107071780

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The Challenge of Safeguards in the WTO by Fernando Piérola Pdf

This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.

Author : Gábor Kajtár,Basak Çali,Professor of International Law Basak Çali,Marko Milanovic,Professor of Public International Law Marko Milanovic
Publisher : Oxford University Press
Page : 369 pages
File Size : 44,5 Mb
Release : 2023-02-28
Category : Law
ISBN : 9780192869012

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Secondary Rules of Primary Importance in International Law by Gábor Kajtár,Basak Çali,Professor of International Law Basak Çali,Marko Milanovic,Professor of Public International Law Marko Milanovic Pdf

The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.