Legal And Economic Principles Of World Trade Law

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Legal and Economic Principles of World Trade Law

Author : Henrik Horn,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 381 pages
File Size : 48,9 Mb
Release : 2013-04-22
Category : Law
ISBN : 9781107068001

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Legal and Economic Principles of World Trade Law by Henrik Horn,Petros C. Mavroidis Pdf

The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947–8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.

Legal and Economic Principles of World Trade Law

Author : Henrik Horn,Petros C. Mavroidis
Publisher : Unknown
Page : 367 pages
File Size : 46,6 Mb
Release : 2013
Category : Foreign trade regulation
ISBN : 1107055121

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Legal and Economic Principles of World Trade Law by Henrik Horn,Petros C. Mavroidis Pdf

The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947-8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.

Legal and Economic Principles of World Trade Law

Author : Henrik Horn
Publisher : Unknown
Page : 382 pages
File Size : 43,5 Mb
Release : 2013
Category : Electronic
ISBN : 110705981X

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Legal and Economic Principles of World Trade Law by Henrik Horn Pdf

Reports work done thus far to identify improvements to the interpretation of the WTO Agreement based on a project led by the American Law Institute.

Legal and Economic Principles of World Trade Law

Author : Anonim
Publisher : Unknown
Page : 379 pages
File Size : 48,5 Mb
Release : 2012
Category : Commercial policy
ISBN : LCCN:2012472115

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Legal and Economic Principles of World Trade Law by Anonim Pdf

Submitted by the Council to the Members of the American Law Institute for discussion at the eighty-ninth annual meeting on May 21, 22, and 23, 2012.

Legal and Economic Principles of World Trade Law

Author : Gene M. Grossman,Henrik Horn,Petros C. Mavroidis
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:1376289887

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Legal and Economic Principles of World Trade Law by Gene M. Grossman,Henrik Horn,Petros C. Mavroidis Pdf

The primary objective of most trade agreements is to restrain members' use of trade policies for protectionist purposes. But it would be pointless to restrict the application of border instruments without regulating the possible use of domestic policies for protectionist purpose. To this end, most agreements include an obligation for National Treatment (NT) of foreign products. The NT provision in the GATT appears in Art. III, which applies to most government actions that have impact trade. It requires that imported products be treated as favorably by domestic policy as similar, indigenous products. This study offers suggestions based on legal and economic analysis about how this vaguely-formulated provision ought to be interpreted. The study first examines the purposes of Art. III, as it appears from an economic point of view, as well as from its negotiating record. It also examines the case law, arguing that the absence of a coherent methodology implies that it is often unclear whether case law interpretations of the key terms promote the intended objectives of the provision. The study then identifies two alternative approaches that might be used to interpret Art. III, and its interplay with the general exceptions clause in Art. XX GATT. The first approach only requires that the products are in sufficiently close potential or actual competition in the market, in a case where an imported product is given a less favourable treatment than a domestic product. The second approach requires additionally that the importing country has no policy rationale other than protectionism for treating the two products differently. The main difference between the two approaches is that under the former, the protectionism test occurs if/when an Art. XX exception is requested, while the latter approach mandates that the protectionism test should be performed as part of the evaluation of the alleged violation of Art. III. As discussed in the study, the second, and favored, approach provides a more permissive regime for domestic policy instruments.

The World Trade Organization

Author : International Trade Law Center,Arthur E. Appleton,Michael G. Plummer
Publisher : Springer Science & Business Media
Page : 3142 pages
File Size : 45,6 Mb
Release : 2007-12-31
Category : Law
ISBN : 9780387226880

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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.

WTO - World Economic Order, World Trade Law

Author : Peter-Tobias Stoll,Frank Schorkopf
Publisher : BRILL
Page : 312 pages
File Size : 46,7 Mb
Release : 2006-03-01
Category : Business & Economics
ISBN : 9789047417330

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WTO - World Economic Order, World Trade Law by Peter-Tobias Stoll,Frank Schorkopf Pdf

This book describes the institutional system, the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structures and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.

The Law and Policy of the World Trade Organization

Author : Peter Van den Bossche
Publisher : Cambridge University Press
Page : 784 pages
File Size : 52,8 Mb
Release : 2005-06-10
Category : Law
ISBN : 1139445553

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The Law and Policy of the World Trade Organization by Peter Van den Bossche Pdf

This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.

The World Trading System

Author : John Howard Jackson
Publisher : MIT Press
Page : 464 pages
File Size : 42,9 Mb
Release : 1997
Category : Business & Economics
ISBN : 0262600277

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The World Trading System by John Howard Jackson Pdf

Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.

Principles of International Trade and Investment Law

Author : Mitchell, Andrew D.,Sheargold, Elizabeth
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 47,8 Mb
Release : 2021-09-21
Category : Law
ISBN : 9781788973670

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Principles of International Trade and Investment Law by Mitchell, Andrew D.,Sheargold, Elizabeth Pdf

This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.

Principles of International Economic Law, 3e

Author : Matthias Herdegen
Publisher : Oxford University Press
Page : 657 pages
File Size : 48,7 Mb
Release : 2024-07-04
Category : Business & Economics
ISBN : 9780198897835

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Principles of International Economic Law, 3e by Matthias Herdegen Pdf

Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers areas of growing relevance in international economic law, including corporate social responsibility, challenges for WTO law, the impact of human rights and environmental law, and cryptocurrencies.

Principles of International Economic Law

Author : Matthias Herdegen
Publisher : Oxford University Press
Page : 625 pages
File Size : 49,9 Mb
Release : 2016
Category : Foreign trade regulation
ISBN : 9780198790563

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Principles of International Economic Law by Matthias Herdegen Pdf

Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

WTO Law and Policy

Author : Jae Sundaram
Publisher : Routledge
Page : 965 pages
File Size : 50,5 Mb
Release : 2022-04-11
Category : Law
ISBN : 9780429632693

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WTO Law and Policy by Jae Sundaram Pdf

WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO) and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO’s legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system, and incorporates the most relevant case laws from the WTO’s jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the covered agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time.

Legal Principles in WTO Disputes

Author : Andrew D. Mitchell
Publisher : Cambridge University Press
Page : 425 pages
File Size : 53,7 Mb
Release : 2008-12-11
Category : Law
ISBN : 9781139474269

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Legal Principles in WTO Disputes by Andrew D. Mitchell Pdf

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

The World Trade Organization

Author : Jan Wouters,Bart De Meester
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2007
Category : Commerce extérieur - Réglementation
ISBN : 9050957307

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The World Trade Organization by Jan Wouters,Bart De Meester Pdf

The World Trade Organization (WTO) has become a centerpiece of global economic governance in a fragmented international legal and institutional system. The WTO oversees an extensive body of international trade rules. But it has also become a widely contested organization, as its trade rules affect a great variety of rules and policies on environmental protection, public health, technical standards, cultural diversity, financial stability, and professional qualifications. Whether it likes it or not, the WTO is put at the center of global economic governance and no internationally-oriented legal practitioner, government official, academic, or student can afford to neglect this swiftly developing body of law. This book introduces the institutional and substantive legal aspects of the WTO. It thereby addresses both the vertical interactions of WTO law with domestic legal systems and the horizontal interactions between WTO rules and other areas of international regulation. Starting from the history and theory of international trade law, the book discusses the content and application of the basic principles in the different WTO agreements. Furthermore, it also clarifies the decision-making processes and dispute settlement system of the WTO.