International Trade Law And The Gatt Wto Dispute Settlement System

Author : Ernst-Ulrich Petersmann
Publisher : Unknown
Page : 704 pages
File Size : 41,8 Mb
Release : 1997-01-01
Category : Business & Economics
ISBN : 9041106847

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International Trade Law and the GATT/WTO Dispute Settlement System by Ernst-Ulrich Petersmann Pdf

Unlike the UN and EC law, there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice in the recent legal literature. This new book is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA, and examines their interrelationships with the GATT/WTO dispute rules and procedures.

Author : Ernst-Ulrich Petersmann
Publisher : Martinus Nijhoff Publishers
Page : 368 pages
File Size : 51,6 Mb
Release : 1997-02-11
Category : Political Science
ISBN : 9041109331

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The Gatt/Wto Dispute Settlement System by Ernst-Ulrich Petersmann Pdf

The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

Author : Petros C. Mavroidis,A. O. Sykes
Publisher : Edward Elgar Publishing
Page : 720 pages
File Size : 54,9 Mb
Release : 2005
Category : Arbitration and award, International
ISBN : UCSD:31822035427806

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The WTO and International Trade Law/dispute Settlement by Petros C. Mavroidis,A. O. Sykes Pdf

The system of dispute resolution within the WTO and its evolution over time have attracted the attention of numerous scholars. This volume brings together a selection of papers by prominent scholars working in a range of disciplines. The collection is divided into six parts. The first addresses broad questions about the scope and function of the dispute resolution system. Part II considers the relationship between the dispute system and national authorities, while part III focuses more narrowly on the remedies for breach of legal obligations in the WTO system. Part IV examines litigation and settlement questions. Part V considers the pre-WTO environment and the role of unilateralism in the enforcement of commitments under GATT. The final section looks at broader systemic issues. This insightful volume will be an essential source of reference for students and practitioners alike. 25 articles, dating from 1992 to 2003

Author : Rüdiger Wolfrum,Peter-Tobias Stoll,Karen Kaiser
Publisher : BRILL
Page : 704 pages
File Size : 43,5 Mb
Release : 2006-05-29
Category : Business & Economics
ISBN : 9789047418184

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WTO - Institutions and Dispute Settlement by Rüdiger Wolfrum,Peter-Tobias Stoll,Karen Kaiser Pdf

In a practical and authoritative article-by-article account, this volume covers the legislative history, interpretation and practical application of the Agreement establishing the World Trade Organization.

Author : David Palmeter,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 356 pages
File Size : 49,7 Mb
Release : 2004-04
Category : Business & Economics
ISBN : 0521530032

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Dispute Settlement in the World Trade Organization by David Palmeter,Petros C. Mavroidis Pdf

Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.

Author : N. David Palmeter
Publisher : Cameron May
Page : 371 pages
File Size : 42,7 Mb
Release : 2003
Category : Commercial policy
ISBN : 9781874698340

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

Author : Dencho Georgiev,Kim van der Borght
Publisher : Cameron May
Page : 488 pages
File Size : 55,8 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 : James C. Hartigan
Publisher : Emerald Group Publishing
Page : 510 pages
File Size : 50,9 Mb
Release : 2009-02-01
Category : Political Science
ISBN : 9781848552067

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Trade Disputes and the Dispute Settlement Understanding of the WTO by James C. Hartigan Pdf

Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.

Author : Joost H.B. Pauwelyn,Andrew Guzman,Jennifer A. Hillman
Publisher : Aspen Publishing
Page : 948 pages
File Size : 49,8 Mb
Release : 2016-05-22
Category : Law
ISBN : 9781454877479

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International Trade Law by Joost H.B. Pauwelyn,Andrew Guzman,Jennifer A. Hillman Pdf

Written by a team of leading scholar/practitioners including a former Appellate Body member, PhD economist and former WTO Secretariat Lawyer, International Trade Law covers all aspects of WTO law. Appropriate for a two- to three-hour international trade course, the third edition covers trade in goods, services, and intellectual property, in 22 succinct chapters of around 30 pages, carefully excerpting leading cases, providing basic introductions, probing questions and real life problems. This book balances positive and normative perspectives, mixing legal texts and panel/Appellate Body decisions with analysis of economic and policy challenges faced by the international trading system. The Third Edition has been updated to include recent political and economic events, issues and policy debates, and supplements new developments in case law with additional questions and a revised Teacher’s Manual. Hallmark features of International Trade Law: • Prepared by three leading WTO scholars – providing a balanced international and methodological perspective • Up-to-date, discriminating case selection presents both classic cases and recent doctrine • Contextualizes international trade issues with insights into key economic factors at work • Key WTO cases are edited and presented to illustrate and teach central concepts and doctrine • Illuminating introductory and explanatory material throughout • Helpful summaries of key teaching points are included in each chapter • Well-crafted questions stimulate class discussion on policy issues • Manageable length for two- and three-credit courses • Adaptable to graduate-level courses in international trade • Comprehensive Teachers Manual with answers to questions as well as teaching suggestions, tips, and supplementary material appropriate for class discussion • Complemented by a thorough and up-to-date documents supplement The Third Edition has been revised to include: • Third author added: Jennifer Hillman, former member of the WTO Appellate Body and the US International Trade Commission, now Professor at Georgetown Law • Major revision of trade remedy chapters (dumping, subsidies, safeguards) with new hands-on practical problems • Completely revised chapter on technical barriers to trade (TBT) taking account of new jurisprudence post-2012 (US – Clove Cigarettes, US - Tuna II, US – COOL, EC – Seal) • New text on post-2008 trade collapse, global value chains • Updated statistics on WTO dispute settlement, free trade agreements, developing countries • Discussion of 2015 US Trade Promotion Authority, mega-regionals including TPP and TTIP, 2014 Trade Facilitation Agreement • Includes summaries of new, major cases such as Canada – Feed-in Tariff, EC – Seal, Peru – Agricultural Products, China – Rare Earths

Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 40,9 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 : World Trade Organization
Publisher : Cambridge University Press
Page : 417 pages
File Size : 47,6 Mb
Release : 2017-09-14
Category : Law
ISBN : 9781108417273

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A Handbook on the WTO Dispute Settlement System by World Trade Organization Pdf

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

Author : Madeleine Merkx
Publisher : Kluwer Law International B.V.
Page : 208 pages
File Size : 43,7 Mb
Release : 2013-08-01
Category : Law
ISBN : 9789041148223

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Retaliation in the WTO Dispute Settlement System by Madeleine Merkx Pdf

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.

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 40,8 Mb
Release : 2022-07-15
Category : Political Science
ISBN : 9781803921747

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The WTO Dispute Settlement System by Mavroidis, Petros C. Pdf

This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.

Author : Gabrielle Marceau
Publisher : Cambridge University Press
Page : 689 pages
File Size : 53,5 Mb
Release : 2015-05-21
Category : Law
ISBN : 9781107085237

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A History of Law and Lawyers in the GATT/WTO by Gabrielle Marceau Pdf

Bringing together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, this book is a unique exploration of the development of the rule of the law in the multilateral trading system.

Author : George A. Bermann,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 382 pages
File Size : 49,8 Mb
Release : 2011-08-18
Category : Law
ISBN : 110740309X

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WTO Law and Developing Countries by George A. Bermann,Petros C. Mavroidis Pdf

Examining developing countries within the WTO, it's easy to see there is a disconnect between what was expected from the WTO and what is actually being done for the developing countries. This book examines the different aspects of law within the WTO and how the developing countries are reacting to the Doha Developmental round, which took place after the September 11th attacks. This book also examines the differences between what the developing countries require and what they expect from the WTO which is not homogenous.