Wto S Legal Regime On Subsidies And Its Impact On Social And Economic Justice As Enshrined In The Indian Constitution

Author : Dr. A. S. Rao
Publisher : Laxmi Book Publication
Page : 521 pages
File Size : 55,9 Mb
Release : 2023-10-20
Category : Art
ISBN : 9781312183384

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WTO’s Legal Regime on Subsidies and Its Impact on Social And Economic Justice As Enshrined in The Indian Constitution by Dr. A. S. Rao Pdf

It is a known fact that David Ricardo was the first to clearly articulate the benefits of free trade. If one looks at that the economists, entrepreneurs, and politician vigorously stressing the gains of free trade one would expect free trade to flourish in international trade without any barriers but protectionism in the form of subsidies still persists. The volume of international trade and foreign investment has increased substantially since the end of World War II but so has protection. All countries practice some type of protectionism in the form of tariffs, subsidies and more generally non tariff barriers (NTBs).However governments world over have in the last 20 years signaled they supported the free trade. But the failure for an agreement at the WTO meetings is a proof to the resilience of the protection and the ability of the special interests to get what they want out of their governments. [1] State Subsidies in the Global Economy by Nikolaos Zahariadis, Palgrave Macmillan, New York, 2008, Chpater-1

Author : Guohua Yang,Yang Guohua,Bryan Mercurio,Yongjie Li
Publisher : Kluwer Law International B.V.
Page : 610 pages
File Size : 42,8 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123619

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WTO Dispute Settlement Understanding by Guohua Yang,Yang Guohua,Bryan Mercurio,Yongjie Li Pdf

In the course of the first decade of the existence of the World Trade Organisation (WTO), the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) has shown itself to be the foundation upon which the stable bas of the organisation rests. In essence, the DSU created a system of binding dispute settlement based on legal rules and procedures closely resembling a domestic, judicially based court system. The DSU established the procedures and rules to solve the dispute between the WTO Members and its formation has unquestionably added to the stability and positively influenced the performance of the international trading system. In short, the DSU is the procedural law within the WTO legal system. Although a strict system of precedent is not contemplated in the DSU itself, a system of de facto precedent has emerged and every panel or appellate body carefully considers past cases in its decisions. Accordingly, a rich body of case law has developed from the jurisprudence of the Dispute Settlement Board (DSB). This major new publication is the first comprehensive exploration of this jurisprudence. Through an article-by-article interpretation of the DSU, this book analyses how the panels and Appellate Body have read, interpreted and construed the provisions of the DSU. Its expert authors provide detailed juridical essays on each of the 27 articles of the DSU, with precise commentary on how panel and Appellate Body reports and arbitral awards (over 100 to date) affect the interpretation and application of the various DSU provisions. The coverage also includes the special or additional rules and procedures referred to in some of the agreements covered by the DSU, especially the manner in which the DSB has applied such rules to anti-dumping, subsidies and countervailing measures, and textiles. In addition, the volume reprints all of the DSU-related documents for easy reference. WTO Dispute Settlement Understanding: A Detailed Interpretation provides complete and through evaluation of the practical working meaning of the DSU. It will be of invaluable assistance to government officials, legal practitioners, scholars, media participants, non-governmental organisations, and other in their practical and important endeavors. The detailed analysis of this very important legal material will be welcomed by all concerned with matters of world trade and globalisation.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 259 pages
File Size : 42,8 Mb
Release : 2013
Category : Law
ISBN : 9789280523089

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Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by World Intellectual Property Organization Pdf

This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.

Author : Anonim
Publisher : United Nations Publications
Page : 162 pages
File Size : 49,9 Mb
Release : 2006
Category : Social Science
ISBN : UCR:31210019926896

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Social Justice in an Open World by Anonim Pdf

The International Forum for Social Development was a 3 year project undertaken by the United Nations. Department of Economic and Social Affairs between 2001 and 2004 to promote international cooperation for social development and supporting developing countries and social groups not benefiting from the globalization process. This publication provides an overview and interpretation of the discussions and debates that occurred at the four meetings of the Forum for Social Development held at the United Nations headquarters in New York, within the framework of the implementation of the outcome of the World Summit for Social Development.

Author : Craig VanGrasstek
Publisher : Unknown
Page : 704 pages
File Size : 40,8 Mb
Release : 2013
Category : Business & Economics
ISBN : UCSD:31822040886871

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The History and Future of the World Trade Organization by Craig VanGrasstek Pdf

This comprehensive account of the establishment of the WTO focuses on those who shaped its creation as well as those who have influenced its evolution. It also examines trade negotiations, the WTO's dispute settlement role, the process of joining, and what lies ahead for the organization.

Author : Pierre Sauve,Aaditya Mattoo
Publisher : World Bank Publications
Page : 244 pages
File Size : 42,6 Mb
Release : 2003-08-29
Category : Political Science
ISBN : 9780821383438

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Domestic Regulation and Service Trade Liberalization by Pierre Sauve,Aaditya Mattoo Pdf

Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.

Author : Elena Cima
Publisher : BRILL
Page : 374 pages
File Size : 55,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004467569

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From Exception to Promotion by Elena Cima Pdf

From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.

Author : Debra P. Steger
Publisher : Wilfrid Laurier Univ. Press
Page : 498 pages
File Size : 51,6 Mb
Release : 2009-12-15
Category : Political Science
ISBN : 1554581745

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Redesigning the World Trade Organization for the Twenty-first Century by Debra P. Steger Pdf

Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation

Author : Isabelle Van Damme
Publisher : Unknown
Page : 487 pages
File Size : 50,5 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 : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 942 pages
File Size : 54,9 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.

Author : Sue Arrowsmith,Robert D. Anderson
Publisher : Cambridge University Press
Page : 895 pages
File Size : 47,5 Mb
Release : 2011-04-28
Category : Law
ISBN : 9781139501422

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The WTO Regime on Government Procurement by Sue Arrowsmith,Robert D. Anderson Pdf

Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

Author : Adil Najam,Ricardo Meléndez-Ortiz,Mark Halle
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2007
Category : Electronic
ISBN : OCLC:316663457

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Trade and Environment by Adil Najam,Ricardo Meléndez-Ortiz,Mark Halle Pdf

Author : Carlos M. Correa,Abdulqawi A. Yusuf
Publisher : Kluwer Law International B.V.
Page : 586 pages
File Size : 50,8 Mb
Release : 2016-06-27
Category : Law
ISBN : 9789041166586

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Intellectual Property and International Trade: The TRIPS Agreement by Carlos M. Correa,Abdulqawi A. Yusuf Pdf

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

Author : WHO Commission on Social Determinants of Health,World Health Organization
Publisher : World Health Organization
Page : 257 pages
File Size : 43,6 Mb
Release : 2008
Category : Medical
ISBN : 9789241563703

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Closing the Gap in a Generation by WHO Commission on Social Determinants of Health,World Health Organization Pdf

Social justice is a matter of life and death. It affects the way people live, their consequent chance of illness, and their risk of premature death. We watch in wonder as life expectancy and good health continue to increase in parts of the world and in alarm as they fail to improve in others.

Author : Department of Economic & Social Affairs,United Nations,United Nations. Office for ECOSOC Support and Coordination
Publisher : United Nations Publications
Page : 295 pages
File Size : 55,6 Mb
Release : 2008
Category : Business & Economics
ISBN : 9211045878

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Achieving Sustainable Development and Promoting Development Cooperation by Department of Economic & Social Affairs,United Nations,United Nations. Office for ECOSOC Support and Coordination Pdf

This book presents an overview of the key debates that took place during the Economic and Social Council meetings at the 2007 High-level Segment, at which ECOSOC organized its first biennial Development Cooperation Forum. The discussions also revolved around the theme of the second Annual Ministerial Review, "Implementing the internationally agreed goals and commitments in regard to sustainable development."--P. 4 of cover.