The Sources Of Wto Law And Their Interpretation

Author : Petros C. Mavroidis
Publisher : Edward Elgar Publishing
Page : 144 pages
File Size : 46,8 Mb
Release : 2022-05-28
Category : Electronic
ISBN : 1803921714

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The Sources of WTO Law and Their Interpretation by Petros C. Mavroidis Pdf

In this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice. Delving into the workings of the Vienna Convention of the Law of Treaties (VCLT) and its use within the WTO courts, the author provides a critical assessment of the interpretation of the WTO contract and illuminates the role of WTO adjudicators and the Secretariat in clarifying obligations. Mavroidis then explores the uncertainty and distortion that emerge as a result of the discretion from adjudicators invited by the VCLT, explaining why this matters and offering steps towards resolving these issues. Providing an expansive analysis of the interpretation of WTO treaties, this book will be an invaluable resource for scholars and students in the field of WTO law, as well as international trade and economic law more broadly. Its discussion of the possible future of dispute settlement, particularly its proposal for a re-evaluation of the judicial selection process, will also prove insightful to practitioners in this area.

Author : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 942 pages
File Size : 40,5 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.

Author : Isabelle Van Damme
Publisher : Unknown
Page : 487 pages
File Size : 46,7 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.

Author : Peter Van den Bossche,Denise Prévost
Publisher : Cambridge University Press
Page : 349 pages
File Size : 44,6 Mb
Release : 2016-04-02
Category : Law
ISBN : 9781107638938

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Essentials of WTO Law by Peter Van den Bossche,Denise Prévost Pdf

This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.

Author : Samantha Besson,Jean D'Aspremont,Sévrine Knuchel
Publisher : Oxford University Press
Page : 1233 pages
File Size : 41,5 Mb
Release : 2017
Category : Law
ISBN : 9780198745365

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The Oxford Handbook on the Sources of International Law by Samantha Besson,Jean D'Aspremont,Sévrine Knuchel Pdf

This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--

Author : Asif H. Qureshi
Publisher : Cambridge University Press
Page : 128 pages
File Size : 49,6 Mb
Release : 2015-01-29
Category : Law
ISBN : 9781316240106

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Interpreting WTO Agreements by Asif H. Qureshi Pdf

The case law of the World Trade Organization is extensive, now running into some three hundred decided cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi identifies some of the underlying problems of interpreting WTO agreements, and examines the conditions for the interpretation of these agreements. Since the first edition of this book, the case law has grown, and the interpretation evolved further. This second edition addresses these developments and engages in the contemporary discourse on the subject. Also included is a new section on issues of interpretation relating to preferential trade agreements and the WTO. This book is an essential tool for WTO trade specialists, as well as government and judicial officers concerned with interpreting these agreements.

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 50,6 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 : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 880 pages
File Size : 53,5 Mb
Release : 2015-10-15
Category : Law
ISBN : 9780191066900

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

The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: firstly, where free trade is seen to be incompatible with environmental protection and, secondly, where WTO law confronts legal regimes governing issues of competition and intellectual property.

Author : Joachim Ahman
Publisher : Kluwer Law International B.V.
Page : 352 pages
File Size : 45,7 Mb
Release : 2011-12-05
Category : Law
ISBN : 9789041142917

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Trade, Health, and the Burden of Proof in WTO Law by Joachim Ahman Pdf

Most of us do not immediately think of health protection measures as trade barriers. Yet to the trade liberalization interest they are often exactly that--"hidden protectionism" some would say. When the conflict between trade and health hardens into a confrontation, allocation of the burden of proof becomes the critical factor in determining the outcome. And the outcome of such a WTO dispute may affect a very large number of people. This important book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law. It clearly demonstrates and explains the following and more: how burden of proof decisions, following from the burden of proof concept as it has developed in national legal systems and in general international law, may favour or disfavor different interests; the problems that may occur when risk-related facts have to be proved;how the legal facts in the WTO provisions specifically regulating the adoption of health protection measures have been interpreted in case law; and how the burden of proof concept can be used to balance the conflicting interests in ways other than those used so far. No other source offers such a comprehensive analysis of WTO provisions applicable to health protection measures. This book's burden of proof perspective makes it an especially valuable resource for trade law experts, WTO member representatives, and interested NGOs seeking to understand and discuss the balancing of health protection and trade liberalization.

Author : Asif H. Qureshi
Publisher : Cambridge University Press
Page : 475 pages
File Size : 42,9 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107043299

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Interpreting WTO Agreements by Asif H. Qureshi Pdf

This second edition identifies the problems of interpreting WTO agreements, addressing the legislative developments and updating the case law.

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 42,7 Mb
Release : 2022-05-13
Category : Law
ISBN : 9781803921723

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The Sources of WTO Law and their Interpretation by Mavroidis, Petros C. Pdf

This timely book analyses the elasticity of taxable income, a central concept in public finance with a rapidly growing wealth of literature. Combining original empirical research with rigorous theoretical modelling of tax revenue and optimal tax policy, this innovative study examines the complexities and new methods of estimating the elasticity of taxable income.

Author : Peter van den Bossche,Marie Denise Prévost
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2016
Category : Electronic
ISBN : 131657055X

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Essentials of WTO Law by Peter van den Bossche,Marie Denise Prévost Pdf

Author : Thomas Cottier,Krista Nadakavukaren Schefer
Publisher : Unknown
Page : 0 pages
File Size : 43,6 Mb
Release : 2017
Category : Foreign trade regulation
ISBN : 1784713538

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Elgar Encyclopedia of International Economic Law by Thomas Cottier,Krista Nadakavukaren Schefer Pdf

"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--

Author : Piotr Szwedo
Publisher : BRILL
Page : 402 pages
File Size : 55,8 Mb
Release : 2018-11-13
Category : Law
ISBN : 9789004382893

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Cross-border Water Trade: Legal and Interdisciplinary Perspectives by Piotr Szwedo Pdf

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

Author : Anonim
Publisher : World Trade Organization
Page : 116 pages
File Size : 53,6 Mb
Release : 2008
Category : Commercial policy
ISBN : 9789287034953

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Understanding the WTO by Anonim Pdf