Legal Principles In Wto Disputes

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Legal Principles in WTO Disputes

Andrew D. Mitchell
Legal Principles in WTO Disputes Book PDF

Author : Andrew D. Mitchell
Publisher : Cambridge University Press
Page : 425 pages
File Size : 47,6 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 Law and Policy of the World Trade Organization

Peter Van den Bossche
The Law and Policy of the World Trade Organization Book PDF

Author : Peter Van den Bossche
Publisher : Cambridge University Press
Page : 784 pages
File Size : 45,7 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.

Equity and Equitable Principles in the World Trade Organization

Anastasios Gourgourinis
Equity and Equitable Principles in the World Trade Organization Book PDF

Author : Anastasios Gourgourinis
Publisher : Routledge
Page : 402 pages
File Size : 40,5 Mb
Release : 2015-07-24
Category : Law
ISBN : 9781317964155

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Equity and Equitable Principles in the World Trade Organization by Anastasios Gourgourinis Pdf

This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

The World Trade Organization

Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
The World Trade Organization Book PDF

Author : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 942 pages
File Size : 48,9 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.

Sustainable Development As a Principle of International Law

Christina Voigt
Sustainable Development As a Principle of International Law Book PDF

Author : Christina Voigt
Publisher : BRILL
Page : 453 pages
File Size : 41,6 Mb
Release : 2009
Category : Law
ISBN : 9789004166974

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Sustainable Development As a Principle of International Law by Christina Voigt Pdf

This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: a [ The relations between various international legal regimes, especially between international trade law and climate law, a [ The legal status of sustainable development as a principle of international law, and a [ The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.

A Digest of WTO Jurisprudence on Public International Law Concepts and Principles

Graham Cook
A Digest of WTO Jurisprudence on Public International Law Concepts and Principles Book PDF

Author : Graham Cook
Publisher : Unknown
Page : 413 pages
File Size : 43,8 Mb
Release : 2015
Category : Dispute resolution (Law)
ISBN : 1107501083

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A Digest of WTO Jurisprudence on Public International Law Concepts and Principles by Graham Cook Pdf

In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.

Treaty Interpretation by the WTO Appellate Body

Isabelle Van Damme
Treaty Interpretation by the WTO Appellate Body Book PDF

Author : Isabelle Van Damme
Publisher : Unknown
Page : 487 pages
File Size : 51,9 Mb
Release : 2009
Category : Law
ISBN : 9780199562237

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Treaty Interpretation by the WTO Appellate Body by Isabelle Van Damme Pdf

This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.

A Digest of WTO Jurisprudence on Public International Law Concepts and Principles

Graham Cook
A Digest of WTO Jurisprudence on Public International Law Concepts and Principles Book PDF

Author : Graham Cook
Publisher : Cambridge University Press
Page : 0 pages
File Size : 47,8 Mb
Release : 2015-07-02
Category : Law
ISBN : 1107102766

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A Digest of WTO Jurisprudence on Public International Law Concepts and Principles by Graham Cook Pdf

In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.

The WTO Dispute Settlement Procedures

World Trade Organization Secretariat
The WTO Dispute Settlement Procedures Book PDF

Author : World Trade Organization Secretariat
Publisher : Cambridge University Press
Page : 163 pages
File Size : 46,5 Mb
Release : 2012-08-02
Category : Law
ISBN : 9781139561235

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The WTO Dispute Settlement Procedures by World Trade Organization Secretariat Pdf

The third edition of The WTO Dispute Settlement Procedures collects together the treaty texts, decisions and agreed practices relating to the procedures that apply in the settlement of WTO disputes. It affords ready answers to technical questions relating to matters such as: how disputes are initiated and conducted, including at the appellate stage; what deadlines apply and how to calculate them; what rules of conduct bind individuals involved in WTO dispute settlement; and what rules of procedure apply to meetings of the Dispute Settlement Body. This highly practical work, which includes cross-references and a subject index, will prove invaluable to anyone working in WTO dispute settlement, including lawyers, civil servants working in the field of trade, economists, academics and students. This edition has been fully updated to take account of revised rules and procedures.

WTO Trade Remedies in International Law

Roberto Soprano
WTO Trade Remedies in International Law Book PDF

Author : Roberto Soprano
Publisher : Routledge
Page : 162 pages
File Size : 54,6 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.

Remedies under the WTO Legal System

R. Rajesh Babu
Remedies under the WTO Legal System Book PDF

Author : R. Rajesh Babu
Publisher : Martinus Nijhoff Publishers
Page : 517 pages
File Size : 42,8 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.

International Trade Law and the GATT/WTO Dispute Settlement System

Ernst-Ulrich Petersmann
International Trade Law and the GATT WTO Dispute Settlement System Book PDF

Author : Ernst-Ulrich Petersmann
Publisher : Unknown
Page : 704 pages
File Size : 49,6 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.

Principles of International Trade and Investment Law

Mitchell, Andrew D.,Sheargold, Elizabeth
Principles of International Trade and Investment Law Book PDF

Author : Mitchell, Andrew D.,Sheargold, Elizabeth
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 41,9 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.

The WTO Dispute Settlement System

Kati Kulovesi
The WTO Dispute Settlement System Book PDF

Author : Kati Kulovesi
Publisher : Kluwer Law International B.V.
Page : 322 pages
File Size : 41,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134066

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The WTO Dispute Settlement System by Kati Kulovesi Pdf

Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following: challenges posed to the WTO by so-called and"linkageand" issues, such as environmental protection, labour, and investment; to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.

Dispute Settlement in the World Trade Organization

David Palmeter,Petros C. Mavroidis,Niall Meagher
Dispute Settlement in the World Trade Organization Book PDF

Author : David Palmeter,Petros C. Mavroidis,Niall Meagher
Publisher : Cambridge University Press
Page : 597 pages
File Size : 48,6 Mb
Release : 2022-02-17
Category : Law
ISBN : 9781108830522

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

Provides a comprehensive, step-by-step explanation of the rules and procedures of the WTO dispute settlement process.