Legal Principles In Wto Disputes
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Author | : Andrew D. Mitchell |
Publisher | : Cambridge University Press |
Total Pages | : 425 |
Release | : 2008-12-11 |
Genre | : Law |
ISBN | : 113947426X |
Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.
Author | : Peter Van den Bossche |
Publisher | : Cambridge University Press |
Total Pages | : 784 |
Release | : 2005-06-10 |
Genre | : Law |
ISBN | : 9781139445559 |
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
Author | : Mitsuo Matsushita |
Publisher | : Oxford University Press |
Total Pages | : 942 |
Release | : 2015 |
Genre | : Business & Economics |
ISBN | : 0199571856 |
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 | : Anastasios Gourgourinis |
Publisher | : Routledge |
Total Pages | : 340 |
Release | : 2015-07-24 |
Genre | : Law |
ISBN | : 1317964160 |
This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
Author | : Aik Hoe Lim |
Publisher | : Cambridge University Press |
Total Pages | : 395 |
Release | : 2014-03-13 |
Genre | : Business & Economics |
ISBN | : 1107062357 |
Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.
Author | : |
Publisher | : |
Total Pages | : 486 |
Release | : 2009 |
Genre | : Commercial treaties |
ISBN | : 9780191705588 |
This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.
Author | : Peter Van den Bossche |
Publisher | : Cambridge University Press |
Total Pages | : 349 |
Release | : 2016-04-02 |
Genre | : Law |
ISBN | : 1107638933 |
This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.
Author | : R. Rajesh Babu |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 518 |
Release | : 2012-07-25 |
Genre | : Business & Economics |
ISBN | : 9004209026 |
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.
Author | : Mavroidis, Petros C. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : 2022-07-15 |
Genre | : Political Science |
ISBN | : 1803921749 |
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 | : David Palmeter |
Publisher | : Cambridge University Press |
Total Pages | : 356 |
Release | : 2004-04 |
Genre | : Business & Economics |
ISBN | : 9780521530033 |
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.