The Law And Politics Of Wto Waivers

Author : Isabel Feichtner
Publisher : Cambridge University Press
Page : 409 pages
File Size : 52,5 Mb
Release : 2011-11-24
Category : Law
ISBN : 9781139505093

Get Book

The Law and Politics of WTO Waivers by Isabel Feichtner Pdf

Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international law.

Author : Bernard M. Hoekman,Petros C. Mavroidis
Publisher : Routledge
Page : 174 pages
File Size : 40,6 Mb
Release : 2015-10-16
Category : Political Science
ISBN : 9781317585497

Get Book

World Trade Organization (WTO) by Bernard M. Hoekman,Petros C. Mavroidis Pdf

The World Trade Organization (WTO) is one of the most important international organizations in existence today. It contains a set of disciplines that affect the ability of governments to impose trade restrictions, and has helped to support the steady expansion of international trade since the 1950s. The WTO has been the focus of vociferous protests by anti-globalization activists and has experienced great difficulties in agreeing to new trade rules since its establishment. At the same time it has become the premier global forum for the settlement of trade disputes and has proven to provide a robust framework for international cooperation in the trade area. This book separates the facts from the propaganda and provides an accessible overview of the WTO’s history, structure and policies as well as a discussion of the future of the organization. It also confronts the criticisms of the WTO and assesses their validity. New to the second edition: discussion of legislative amendments to the WTO Agreement, in particular Aid for Trade, the Agreement on Trade Facilitation and the Bali Package evaluation of case law developments and major disputes since 2007, including analysis of the WTO and the financial crisis – in particular the trade policy responses of WTO Members and institutional response reflection on recent shifts to mega-regional agreements (TPP, TISA, TTIP) and their implications what next post Bali? Fully updated throughout, this book continues to be essential reading for students of international trade, international political economy, commercial law and international organizations as well as activists and others interested in a balanced account of a key global institution.

Author : Chien-Huei Wu
Publisher : Cambridge University Press
Page : 300 pages
File Size : 55,8 Mb
Release : 2021-08-31
Category : Law
ISBN : 1108844782

Get Book

Law and Politics on Export Restrictions by Chien-Huei Wu Pdf

Delving into the measure of export restrictions, this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export-bias, how public international law helps to justify their adoption or maintenance, and how investment and competition laws contribute to their regulation. Built upon works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition, and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention, and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.

Author : Autar Krishan Koul
Publisher : Unknown
Page : 678 pages
File Size : 55,5 Mb
Release : 2018
Category : Foreign trade regulation
ISBN : 9382823883

Get Book

Guide to the WTO and GATT by Autar Krishan Koul Pdf

Author : Joost Pauwelyn
Publisher : Cambridge University Press
Page : 557 pages
File Size : 47,8 Mb
Release : 2003-07-31
Category : Law
ISBN : 9781139436908

Get Book

Conflict of Norms in Public International Law by Joost Pauwelyn Pdf

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

Author : Frederick Cowell
Publisher : Bloomsbury Publishing
Page : 253 pages
File Size : 47,6 Mb
Release : 2023-11-16
Category : Law
ISBN : 9781509938582

Get Book

The Law, Politics and Theory of Treaty Withdrawal by Frederick Cowell Pdf

This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.

Author : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 942 pages
File Size : 41,7 Mb
Release : 2015
Category : Business & Economics
ISBN : 9780199571857

Get Book

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 : Catherine Brölmann,Yannick Radi
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 54,7 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781781953228

Get Book

Research Handbook on the Theory and Practice of International Lawmaking by Catherine Brölmann,Yannick Radi Pdf

The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

Author : Catherine Gascoigne
Publisher : Cambridge University Press
Page : 297 pages
File Size : 55,8 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781009059237

Get Book

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

Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.

Author : Sherzod Shadikhodjaev
Publisher : Cambridge University Press
Page : 349 pages
File Size : 52,9 Mb
Release : 2018-11-08
Category : Business & Economics
ISBN : 9781107145085

Get Book

Industrial Policy and the World Trade Organization by Sherzod Shadikhodjaev Pdf

Highlights what national governments should know to properly conduct their industrial policies under the multilateral trading system.

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 377 pages
File Size : 49,7 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781107328099

Get Book

International Law by Jan Klabbers Pdf

Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.

Author : Anonim
Publisher : Oxford University Press
Page : 1201 pages
File Size : 54,8 Mb
Release : 2022-11-17
Category : Political Science
ISBN : 9780192694607

Get Book

The Oxford Handbook of International Trade Law by Anonim Pdf

The rules and regulations governing international trade have grown at an exponential rate in the years since the Uruguay Round agreements established the WTO in 1995. These agreements continue to act as the multilateral foundation of the body of law, which is being expanded by its own committees and in new arrangements. As the international trade law system grows, it comes under increasing scrutiny from scholars, government officials, and trade law practitioners, it raises questions about the overlap with other international legal, political, and economic regimes. This Handbook considers the system of international trade law and what it means for States, for economic systems, for other international regimes, for civil society, and for human welfare. The book opens by focusing on the regulation of international trade, considering the history, economics, and sources of international trade law, as well as the possibilities for the future. It considers the intersection of international trade law with States, the economic and institutional context of the world trading system, the framework of its substantive law, and the balance of trade objectives versus ethical responsibilities. The book concludes by offering analysis of new trade law developments in the agricultural, digital, and financial sectors, as well as outlining the settlement of trade law disputes both in the WTO and bilateral/regional trade agreements. The second edition broadens the scope of analysis beyond the WTO, analysing regional trade agreements and preferential trade arrangements, including the Trans-Pacific Partnership, and Canada-EU Trade Agreement. The new edition also considers developments within the WTO such as in the area of agricultural export subsidies, and the Trade Facilitation Agreement.

Author : Fengan Jiang
Publisher : Routledge
Page : 208 pages
File Size : 43,9 Mb
Release : 2021-07-07
Category : Law
ISBN : 9781000404784

Get Book

Environmental Protection, China and International Trade by Fengan Jiang Pdf

This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.

Author : Christoph Herrmann,Markus Krajewski,Jörg Philipp Terhechte
Publisher : Springer
Page : 448 pages
File Size : 41,8 Mb
Release : 2015-07-04
Category : Law
ISBN : 9783662467480

Get Book

European Yearbook of International Economic Law 2015 by Christoph Herrmann,Markus Krajewski,Jörg Philipp Terhechte Pdf

This sixth volume (2015) of the European Yearbook of International Economic Law puts a particular emphasis on non-tariff barriers (NTBs) to trade and the world trade order. With the steady reduction of tariff rates since the GATT 47 came into force, focus in recent years has been on the vast and complex landscape of non-tariff barriers to trade. States as well as scholars seemingly struggle with the multitude of measures pooled under this expression as there is no single, acknowledged definition of the term, and its relation to the term “non-tariff measures” remains equally blurred. Particularly in practice and on a multilateral level, there appears to be some awkwardness when it comes to coping with NTBs since multilateral trade rules seem to be in conflict with national regulatory autonomy in the pursuit of policy objectives. In part one, this volume sheds light on the problems of non-tariff barriers to trade that arise in various fields. Part two focuses on regional integration with an emphasis on relations between East Asia and the European Union. In this regard, the authors outline the trade and investment relations between the European Union and East Asia, including Japan, Korea and Singapore. Part three offers an overview of recent institutional developments in WIPO, ICSID, WTO and WTO jurisprudence. Part four includes book reviews of recent works in the field of international economic law, and part five introduces a new section on publications in the field of international economic law that were released in 2013 and 2014.

Author : Matthias Herdegen
Publisher : Oxford University Press
Page : 657 pages
File Size : 41,9 Mb
Release : 2024-07-04
Category : Business & Economics
ISBN : 9780198897835

Get Book

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.