The Wto Case Law Of 2008
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Author | : Henrik Horn |
Publisher | : |
Total Pages | : 272 |
Release | : 2010 |
Genre | : Arbitration agreements, Commercial |
ISBN | : 9781107203747 |
This book brings together the 2008 output of the American Law Institute (ALI) project on World Trade Organization Law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form, in the reporters' views, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law.
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 | : Henrik Horn |
Publisher | : Cambridge University Press |
Total Pages | : 282 |
Release | : 2010-04-15 |
Genre | : Law |
ISBN | : 9780521154017 |
This book brings together the 2008 output of the American Law Institute (ALI) project on World Trade Organization Law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form, in the reporters' view, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law.
Author | : Henrik Horn |
Publisher | : Cambridge University Press |
Total Pages | : 281 |
Release | : 2010-04-15 |
Genre | : Law |
ISBN | : 1139489895 |
This book brings together the 2008 output of the American Law Institute (ALI) project on World Trade Organization Law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form, in the reporters' views, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law.
Author | : Petros C. Mavroidis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 633 |
Release | : 2010-01-01 |
Genre | : Political Science |
ISBN | : 1848440146 |
All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
Author | : Isabelle Van Damme |
Publisher | : |
Total Pages | : 487 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0199562237 |
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 | : World Trade Organization |
Publisher | : Cambridge University Press |
Total Pages | : 389 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521763215 |
The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2008.
Author | : World Trade Organization |
Publisher | : Cambridge University Press |
Total Pages | : 487 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521196620 |
The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2008.
Author | : Jackson C. Pai |
Publisher | : Bernan Press |
Total Pages | : 0 |
Release | : 2012-11 |
Genre | : |
ISBN | : 9781598885897 |
This book presents dispute settlement decisions of the World Trade Organization by using extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the large annotations and conclusion sections.
Author | : Bernan Press |
Publisher | : Bernan Press |
Total Pages | : 466 |
Release | : 2012-04-11 |
Genre | : Business & Economics |
ISBN | : 9781598884074 |
Dispute settlement decisions (DSD) of the World Trade Organization (WTO) are presented with the aid of extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the legal annotations and conclusions sections. Case and treaty citations, along with current information on the overall status of all disputes before the WTO are presented in two tables. Current interpretations of the various treaties that govern international trade law contain full-text decisions. Starting with Volume 78, published in February 2007, Bernan is collaborating with international trade experts from Bryan Cave LLP to produce enhanced editions of the WTO DSD. The editors for this series are Felipe Berer and Jackson C. Pai. Messrs. Berer and Pai are Senior Trade Policy Advisors working out of the Washington, D.C., and Los Angeles offices of Bryan Cave LLP. They assist clients in the analysis of cross-border trade rules and trade agreements, including the implications of U.S. bilateral and regional trade agreements and WTO rules. Mr.Berer has also assisted in trade remedy investigations, WTO proceedings and trade policy developments in the United States and Latin America. These volumes contain in-depth analysis that includes market implications for the various industries and nations affected. This expert commentary makes this series truly invaluable for all companies that do business internationally, law firms with a trade practice, government agencies with a focus on trade, and academic institutions with related courses of study.