Enforcing International Trade Law
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| Author | : Zena Prodromou |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 313 |
| Release | : 2020-08-12 |
| Genre | : Law |
| ISBN | : 9403520019 |
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
| Author | : Robert E. Hudec |
| Publisher | : |
| Total Pages | : 500 |
| Release | : 1993 |
| Genre | : |
| ISBN | : 9780433803997 |
| Author | : Chad P. Bown |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 301 |
| Release | : 2010-02-01 |
| Genre | : Political Science |
| ISBN | : 0815704186 |
The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
| Author | : Robert E. Hudec |
| Publisher | : MICHIE |
| Total Pages | : |
| Release | : 1993 |
| Genre | : |
| ISBN | : 9780880633550 |
| Author | : Math Noortmann |
| Publisher | : Routledge |
| Total Pages | : 205 |
| Release | : 2016-04-29 |
| Genre | : Law |
| ISBN | : 1317143507 |
Until recently, the fundamental link between two basic concepts in international law, namely the right to self-help and the obligation to settle disputes by peaceful means, has been neglected in doctrine and practice. The main issue is that international law traditionally recognizes the right of states to safeguard their own rights by resorting to countermeasures as well as the obligation to settle their disputes by accepted and recognized diplomatic and judicial procedures. Both concepts are based on their own merits, which are assumed to be valid in contemporary international law. It is the primary purpose of this study to determine which rules and principles govern the relationship between the two concepts. The book's major findings arise from an analysis of scholarly work, supported by examples from five different case studies. Drawing insights from legal as well as political science, it will be a valuable resource for students, academics and policy makers in international law, international relations and related areas.
| Author | : Inveer Manak |
| Publisher | : |
| Total Pages | : 350 |
| Release | : 2019 |
| Genre | : International law |
| ISBN | : |
Why would states discuss a trade dispute through a non-judicial treaty mechanism, when a more formal process is readily available? Specifically, in the context of the World Trade Organization (WTO), why would states use the WTO’s committees to address disputes, instead of requesting consultations to get the other side to the bargaining table? Contrary to the current literature, which describes the committees as a forum for dispute resolution, and suggests that states do not prefer to place disputes in a delay holding pattern, this dissertation presents a theory that challenges these assumptions. Instead, it argues that states use the committees primarily to learn about potential third parties to the dispute, which ultimately helps complainants build their case. Thus, this dissertation not only fills an important gap in the literature on WTO dispute settlement, which does not treat the committees as part of the dispute settlement process, but also offers a novel theoretical explanation for why states would use this non-judicial mechanism in the first place. In doing so, this research reveals that recourse to the committees tell us less about their success in resolving disputes, but rather is reflective of the shortcomings of formal dispute settlement instead.
| Author | : Christina L. Davis |
| Publisher | : Princeton University Press |
| Total Pages | : 345 |
| Release | : 2012-05-27 |
| Genre | : Political Science |
| ISBN | : 1400842514 |
The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
| Author | : Nuno Limão |
| Publisher | : World Bank Publications |
| Total Pages | : 33 |
| Release | : 2006 |
| Genre | : Barreras comerciales |
| ISBN | : 0060324163 |
"The authors analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. They show that monetary fines are more efficient than tariffs in terms of granting compensation to injured parties when there are violations in equilibrium. However, fines suffer from an enforcement problem since they must be paid by the violating country. If fines must ultimately be supported by the threat of retaliatory tariffs, they fail to yield a more cooperative outcome than the current system. The authors also consider the use of bonds as a means of settling disputes. If bonds can be posted with a third party, they do not have to be supported by retaliatory tariffs and can improve the negotiating position of countries that are too small to threaten tariff retaliation. "--World Bank web site.
| Author | : Michelle Sanson |
| Publisher | : Routledge |
| Total Pages | : 167 |
| Release | : 2002-01-01 |
| Genre | : Law |
| ISBN | : 1876905107 |
The purpose of this book is to provide a clear and concise guide to the key elements of Essential International Trade Law. The books in theEssential series are intended as a helpful revision aid for the law student, primarily at undergraduate level, but they will be helpful to any students studying law as part of their course.
| Author | : Robert E. Hudec |
| Publisher | : MICHIE |
| Total Pages | : 664 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : |
"This book presents a history and analysis of the GATT legal system as it stands today at the beginning of the 1990s. Although the origins of GATT law go back to the GATT/ITO negotiations of 1946-1948 and beyond, the current legal system is largely the product of a reconstruction that took place from 1970 onwards. The book focuses on the evolution of GATT law during this modern period. It concentrates on the development of GATT's procedure for adjudicating legal disputes between member countries, known in GATT parlance as the "dispute settlement procedure". -- from the Preface, p. vii.
