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Developing Countries in the WTO Legal System

Developing Countries in the WTO Legal System Author Chantal Thomas
ISBN-10 9780190452469
Release 2009-04-15
Pages 544
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With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.



Remedies Under the WTO Legal System

Remedies Under the WTO Legal System Author R. Rajesh Babu
ISBN-10 9789004209022
Release 2012-07-25
Pages 499
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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.



Dispute Settlement at the WTO

Dispute Settlement at the WTO Author Gregory C. Shaffer
ISBN-10 1139493280
Release 2010-11-18
Pages
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This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.



Developing Countries in the GATT Legal System

Developing Countries in the GATT Legal System Author Robert E. Hudec
ISBN-10 9781139495530
Release 2010-11-15
Pages
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In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.



Regional trade agreements and the WTO legal system

Regional trade agreements and the WTO legal system Author Lorand Bartels
ISBN-10 0199207003
Release 2006
Pages 604
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The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.



The Law of Subsidies Under the GATT WTO System

The Law of Subsidies Under the GATT WTO System Author Marc Benitah
ISBN-10 9789041198273
Release 2001-11-12
Pages 424
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This work on the law of subsidies has been long-awaited by many actors in international trade. With its introduction of the concept of 'attenuation' of entitlement, Marc Benitah's utterly new analysis alters our understanding of the international economic law of subsidies - and its future invocation and jurisprudence - forever. The issue of subsidies is arguably the predominant theme, at this moment, in international economic law, and a consistent approach to the legal treatment of subsidies is urgently needed. In Professor Benitah's view, the answer lies in the recognition that entitlements granted to a party seeking to defend itself against the `adverse effects' of subsidies must be `attenuated' in order to avoid undesirable economic and social consequences. In the various techniques of attenuation - thoroughly described and analyzed in this book - may be found the unifying thread on which a logical, coherent law of subsidies may be strung. Why techniques of attenuation are intimately linked to the birth of past and future legal disputes relating to subsidies Why significant techniques of attenuation (e.g. taking into account the positive impact of a subsidy on consumers) have not arisen in the GATT/WTO context Why much recent theoretical debate on the concept of 'distortion' has not led to a breakthrough in the law of subsidies Why attenuations favouring developing countries are surprisingly legally vulnerable in practice Why deliberate recourse to techniques of attenuation necessitates their continuing clarification through a case law process. By referring to the legal materials of both the GATT 1947 and the WTO systems at each point in his demonstration, Professor Benitah lays a substantial groundwork for determining innovative WTO norms.



Normative Conditions to Make WTO Law More Responsive to the Needs of Developing Countries

Normative Conditions to Make WTO Law More Responsive to the Needs of Developing Countries Author Philipp Scheuermann
ISBN-10 9783831609758
Release 2010
Pages 305
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Normative Conditions to Make WTO Law More Responsive to the Needs of Developing Countries has been writing in one form or another for most of life. You can find so many inspiration from Normative Conditions to Make WTO Law More Responsive to the Needs of Developing Countries also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Normative Conditions to Make WTO Law More Responsive to the Needs of Developing Countries book for free.



Radiating Impact of WTO on Its Members Legal System The Chinese Perspective

Radiating Impact of WTO on Its Members    Legal System  The Chinese Perspective Author Guiguo Wang
ISBN-10 9789004218543
Release 2011-12-15
Pages 384
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The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.



The World Trade Organization

The World Trade Organization Author International Trade Law Center
ISBN-10 0387226885
Release 2007-12-31
Pages 3117
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The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.



Law and Development Perspective on International Trade Law

Law and Development Perspective on International Trade Law Author Yong-Shik Lee
ISBN-10 9781139499682
Release 2011-07-25
Pages
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Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.



Reform and Development of the WTO Dispute Settlement System

Reform and Development of the WTO Dispute Settlement System Author Dencho Georgiev
ISBN-10 9781905017249
Release 2006-01-01
Pages 488
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The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.



Agriculture and the WTO

Agriculture and the WTO Author Merlinda Ingco
ISBN-10 9780821383681
Release 2004-03-17
Pages 406
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Developing countries have a major stake in the outcome of trade negotiations conducted under the auspices of the World Trade Organization (WTO). 'Agriculture and the WTO: Creating a Trading System for Development' explores the key issues and options in agricultural trade liberalization from the perspective of these developing countries. Leading experts in trade and agriculture from both developed and developing countries provide key research findings and policy analyses on a range of issues that includes market access, domestic support, export competition, quota administration methods, food security, biotechnology, intellectual property rights, and agricultural trade under the Uruguay Round Agreement on Agriculture. Material is covered in summary and in comprehensive detail with supporting data, a substantial bibliography, and listings of online resources. This book will be of interest to policymakers and analysts in the fields of development economics and commodities pricing and trade.



Interpreting WTO Agreements

Interpreting WTO Agreements Author Asif H. Qureshi
ISBN-10 9781107043299
Release 2015-01-29
Pages 476
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This second edition identifies the problems of interpreting WTO agreements, addressing the legislative developments and updating the case law.



Self Enforcing Trade

Self Enforcing Trade Author Chad P. Bown
ISBN-10 9780815704188
Release 2010-02-01
Pages 282
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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.



The WTO and Infant Industry Promotion in Developing Countries

The WTO and Infant Industry Promotion in Developing Countries Author Juan He
ISBN-10 9781317664628
Release 2014-09-25
Pages 270
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The charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries’ industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.



Agriculture development and the global trading system 2000 2015

Agriculture  development  and the global trading system  2000    2015 Author Bouët, Antoine
ISBN-10 9780896292499
Release 2017-09-07
Pages 492
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This book is devoted to the complex relationship between the global trading system and food security, focusing on two important elements: the Doha Development Agenda (DDA) and how food price volatility can be managed, or not, through trade instruments. The first section of the book is based on the premise that more trade integration can fight poverty and alleviate hunger. The second section examines whether managing price volatility is doable through more or less trade integration. This section deals in particular with policy instruments available for policy makers to cope with price volatility: food stocks, crop insurance, and export restrictions. Analysis concludes that without a strong and efficient World Trade Organization (WTO) capable of conducting ambitious trade negotiations, the food security target will be much more difficult to hit.



Redesigning the World Trade Organization for the Twenty first Century

Redesigning the World Trade Organization for the Twenty first Century Author Debra P. Steger
ISBN-10 9781554587957
Release 2010-05-06
Pages 498
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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