Regional Trade Agreements And The Wto Legal System
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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.
Regional Trade Agreements and the Multilateral Trading System by Rohini Acharya Pdf
This book explores bilateral and regional trade agreements, and examines how they are changing international trade rules. It offers an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by regional trade agreements.
Regional Rules in the Global Trading System by Antoni Estevadeordal,Kati Suominen,Robert Teh,Robert R. Teh Pdf
This book describes the rules governing regional trade agreements, providing new insights into the interplay between regional and multilateral trade rules.
Rethinking the World Trade Order by Mohammad F. A. Nsour Pdf
Regional Trade Agreements (RTAs) have proliferated at an unprecedented pace since the creation of the World Trade Organization (WTO). Although the WTO legally recognizes countries' entitlement to form RTAs, neither the WTO nor parties to RTAs have an unequivocal understanding of the relationship between the WTO and RTAs. In other words, the legal controversies, the result of uncertainty regarding the application of the WTO/GATT laws, risk undermining the objectives of the multilateral trade system. This research tackles a phenomenon that is widely believed to be heavily economic and political. It highlights the economic and political aspects of regionalism, but largely concentrates on the legal dimension of regionalism. The main argument of the book is that the first step to achieving harmony between multilateralism and regionalism is the identification of the legal uncertainties that regionalism produces when countries form RTAs without taking into account the substantive and procedural aspect of the applicable WTO/ GATT laws. The book calls for the creation of a legal instrument (i.e. agreement on RTAs) that combines all of the applicable law on RTAs, and simultaneously clarifies the legal language used therein. Likewise, the WTO should have a proactive role, not merely as a coordinator of RTAs, but as a watchdog for the multilateral system that has the power to prosecute violating RTAs. The author is aware that political concerns are top priorities for governments and policy makers when dealing with the regionalism problematic. Hence, legal solutions or proposals are not sufficient to create a better international trade system without the good will of the WTO Members who are, in fact, the players who are striving to craft more regional trade arrangements.
The proliferation of regional trade agreements ("RTAs") is one of the most economically significant, politically important and, for some, troubling developments within the world trading system since the WTO Agreements entered into force in 1995. The WTO Secretariat has predicted that by 2010 nearly 400 such "preferential" trade agreements could be in force, with many WTO Member States being party to multiple RTAs. This movement toward increased regionalism may accelerate if the Doha Development Round of WTO negotiations remains stalemated, but will likely continue regardless of whether Doha is ultimately concluded. This volume is designed to introduce the reader to the world of RTAs, for general understanding of the place of RTAs in the global trading system, appreciation of the context and legal content of particular RTAs, and as a basis for further study and analysis. (An extensive bibliography and list of Internet links are included.) Part I discusses the economic, policy and developmental issues arising from regionalism, and then considers the WTO legal regime as it affects and is affected by RTAs. The focus there is on free trade agreements ("FTAs") and customs unions ("CUs") regulated by Article XXIV of GATT 1994 or Article V of the General Agreement on Trade in Services, and on efforts within the WTO regime to minimize the negative effects of such departures from the core GATT/WTO principle of non-discrimination (most-favored nation treatment). Part II discusses the multiple FTAs concluded by the United States with various trading partners since 1985, beginning with an analysis of the political, legal and policy considerations that affect the United States'' ability to conclude international trade agreements. Extensive coverage is given to the North American Free Trade Agreement ("NAFTA") and to the Central American -- Dominican Republic -- United States FTA ("CAFTA-DR"). NAFTA is important because it represents by far the largest trade volume generated under any U.S. FTA, and because it has become the model for most subsequent U.S. FTAs, as well as many concluded by other nations. CAFTA-DR embodies legal changes reflecting ten years'' experience under NAFTA. It also exemplifies the increasing use of FTAs by the United States as a mechanism for encouraging economic development, democratic institutions and the rule of law. Analysis at varying levels of detail is provided for all other U.S. FTAs, including those with Colombia, Panama and Korea, for which Congressional approval is pending, and for the unique bilateral trade agreement with Vietnam. Part III analyzes five other important RTAs: The European Union ("EU"), Central American Common Market, MERCOSUR, South African Customs Union, and ASEAN FTA. These diverse accords each play an important role in the intra-regional political and economic relations of the parties, and exemplify a broad range of ambitious approaches to expanding intra-regional trade and commerce on four continents. The EU is likely the most successful RTA in history, and serves as a model for other CUs, including those discussed in Part III. Like globalization, the RTA phenomenon is here to stay. WTO member government officials, international practitioners and law students aspiring to careers in international trade law must learn to deal effectively with the challenges and opportunities presented by such agreements. "Regional Trade Agreements: Law, Policy and Practice makes a useful contribution to existing literature and will be particularly helpful to governmental officials, academics, practitioners, and postgraduate students wishing to learn more about the how and what of RTAs. Readers searching for information about a particular agreement can gain knowledge and understanding by reading a single chapter dealing with a particular agreement, but reading the entire book will allow the reader to more fully benefit from both the insight and experience of the author as well as to fully understand the interplay between politics, economics, and law in the RTA negotiating and implementation process." -- World Trade Review "By presenting a comprehensive introduction both to RTAs in general, and by providing comprehensive introductions to many RTAs that are in force throughout the world today, Professor Gantz has written a text that should be used by both practitioners and students who wish to gain an understanding of RTAs and their relationship with international trade and foreign relations." -- Trade, Law and Development "Gantz expertly weaves economic and political considerations into his legal analysis.... Regional Trade Agreements: Law, Policy and Practice makes a useful contribution to existing literature and will be particularly helpful to governmental officials, academics, practitioners, and postgraduate students wishing to learn more about the how and what of RTAs." -- The Journal of World Trade Review
International Trade Law Center,Arthur E. Appleton,Michael G. Plummer
Author : International Trade Law Center,Arthur E. Appleton,Michael G. Plummer Publisher : Springer Science & Business Media Page : 3117 pages File Size : 42,8 Mb Release : 2007-12-31 Category : Law ISBN : 9780387226880
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.
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.
WTO Domestic Regulation and Services Trade by Aik Hoe Lim,Bart De Meester Pdf
Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.
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.
A History of Law and Lawyers in the GATT/WTO by Gabrielle Marceau Pdf
How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings 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, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.
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.
Mega-Regional Trade Agreements by Thilo Rensmann Pdf
This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence by Malebakeng Agnes Forere Pdf
It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of the World Trade Organization (WTO). The author examines this phenomenon in great detail, and offers viable recommendations to restore coherence in the global trading system without upsetting the rights and obligations of WTO Member States. Because the WTO and RTAs must be viewed as layers of one system and must therefore have a relationship that extends to dispute settlement, such principles of subsidiarity as autonomy, mutual assistance, and flexibility are key to a successful institutional relationship between the WTO and RTAs. From this theoretical springboard, the author proceeds to analyse the following issues and more: – the relationship between WTO and RTAs based on Article XXIV of GATT; - the extent to which WTO panels can apply RTA law; - the extent to which the WTO panels can hear RTA claims; - opportunity for RTA Members to secure preliminary rulings and advisory opinions from the WTO; - recognition by WTO panels of the results of litigation or arbitration that took place at the RTA level; - opportunity for RTA Members to appeal RTA dispute settlement decisions to the WTO; and - clarification of WTO rules designed to enable RTA activities (or intervene if necessary). Major cases decided at the WTO and RTA levels that manifest conflict between RTAs and the WTO are fully analysed. Confronting directly the stagnation in negotiating and concluding new trade agreements at the multilateral level and the fragmentation of the international trade law system, this important book shows clearly how the institutional relationship between the WTO and RTAs can be restructured with a view to establishing mutual recognition of the judgments of both. In a nutshell, the book calls for reconfiguration of WTO Dispute Settlement Body to perform functions of World Trade Court that is capable of hearing disputes arising between WTO Members, RTA Members and Non-WTO Members. It will prove invaluable to all involved in the negotiation and implementation of trade agreements at every level.
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.