Canada-wheat: Discrimination, Non-commercial Considerations, and State Trading Enterprises PDF Download
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Author: Bernard Hoekman
Publisher: World Bank Publications
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
Statutory marketing boards that have exclusive authority to purchase domestic production, sell for export, and set purchase and sales prices of commodities are a type of state trading enterprise that is subject to World Trade Organization disciplines. This paper assesses a recent dispute brought by the United States against Canada, alleging that WTO rules require state trading enterprises to operate solely in accordance with commercial considerations and that the Canadian government did not require the Canadian Wheat Board to do so. The panel and Appellate Body found that the primary discipline of the WTO regarding state trading enterprises was nondiscrimination, and that operating on the basis of commercial considerations was not an independent obligation. Instead, WTO disciplines regarding the pricing behavior of state trading enterprises use a commercial considerations test as a possible indicator of discrimination. Although a significant degree of price discrimination is observed in the case of Canadian wheat exports, there are economic arguments why this might also be pursued by a private, profit maximizing firm.
Author: Bernard Hoekman
Publisher: World Bank Publications
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
Statutory marketing boards that have exclusive authority to purchase domestic production, sell for export, and set purchase and sales prices of commodities are a type of state trading enterprise that is subject to World Trade Organization disciplines. This paper assesses a recent dispute brought by the United States against Canada, alleging that WTO rules require state trading enterprises to operate solely in accordance with commercial considerations and that the Canadian government did not require the Canadian Wheat Board to do so. The panel and Appellate Body found that the primary discipline of the WTO regarding state trading enterprises was nondiscrimination, and that operating on the basis of commercial considerations was not an independent obligation. Instead, WTO disciplines regarding the pricing behavior of state trading enterprises use a commercial considerations test as a possible indicator of discrimination. Although a significant degree of price discrimination is observed in the case of Canadian wheat exports, there are economic arguments why this might also be pursued by a private, profit maximizing firm.
Author: Petros C. Mavroidis
Publisher: MIT Press
ISBN: 0262333902
Category : Law
Languages : en
Pages : 645
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Book Description
A detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) was created alongside other towering achievements of the post-World War II era, including the United Nations, the World Bank, and the International Monetary Fund. GATT, the first successful agreement to generate multilateral trade liberalization, became the principal institution to administer international trade for the next six decades. In this book, Petros Mavoidis offers detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. Mavroidis offers a substantive first chapter that provides a detailed historical background to GATT that stretches from the 1927 World Economic Conference through Bretton Woods and the Atlantic Charter. Each of the following chapters examines the disciplines agreed to, their negotiating record, their economic rationale, and subsequent practice. Mavroidis focuses on cases that have influenced the prevailing understanding of the norm, as well as on literature that has contributed to its interpretation, and the final outcome. In particular, he examines quantitative restrictions and tariffs; the most favored nation clause (MFN), the cornerstone of the GATT edifice; preferential trade agreements and special treatment for products originating in developing countries; domestic instruments; and exceptions to the obligations assumed under GATT. This book's companion volume examines World Trade Organization (WTO) agreements regulating trade in goods.
Author: Bernard M. Hoekman
Publisher: Oxford University Press
ISBN: 0199553769
Category : Business & Economics
Languages : en
Pages : 765
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Book Description
New to this edition.
Author: Joel P Trachtman
Publisher: World Scientific
ISBN: 9814635731
Category : Business & Economics
Languages : en
Pages : 466
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Book Description
Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development.In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, 'The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune.'
Author: Petros C. Mavroidis
Publisher: Oxford University Press
ISBN: 0199657483
Category : Business & Economics
Languages : en
Pages : 942
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Book Description
Rev. ed. of: Trade in goods the GATT and the other agreements regulating trade in goods. [1st ed.]. c2007.
Author: Henrik Horn
Publisher: Cambridge University Press
ISBN: 0521730767
Category : Business & Economics
Languages : en
Pages : 345
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Book Description
Fourth report of the American Law Institute project on World Trade Organization Case Law covering 2004 and 2005.
Author: Díaz-Bonilla, Eugenio
Publisher: Intl Food Policy Res Inst
ISBN: 0896298590
Category : Social Science
Languages : en
Pages : 644
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Book Description
Why write a book on macroeconomic policies and their links to agriculture and food security in developing countries? The food price spikes of the years just prior to 2010 and the economic, political, and social dislocations they generated refocused the attention of policymakers and development practitioners on the agricultural sector and food security concerns. But even without those traumatic events, the importance of agriculture for developing countries—and for an adequate functioning of the world economy— cannot be denied. First, although declining over time, primary agriculture still represents important percentages of developing countries’ overall domestic production, exports, and employment. If agroindustrial, transportation, commercial, and other related activities are also counted, then the economic and social importance of agriculture-based sectors increases significantly. Furthermore, large numbers of the world’s poor still live in rural areas and work in agriculture. Through the links via production, trade, employment, and prices, agricultural production is also crucial for national food security. Second, it has been shown that agriculture in developing countries has important growth and employment multipliers for the rest of the economy, and agriculture seems to have larger positive effects in reducing poverty than growth in other sectors. Third, agriculture is not only important for individual developing countries, but it has global significance, considering the large presence of developing countries in world agricultural production and the increasing participation in international trade of those products (these three points will be covered in greater detail in Chapter 1).
Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 9780521867795
Category : Law
Languages : en
Pages : 792
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Book Description
The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2004.
Author: Mitsuo Matsushita
Publisher: Oxford University Press
ISBN: 0199571856
Category : Business & Economics
Languages : en
Pages : 942
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Book Description
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: Colin Picker
Publisher: Bloomsbury Publishing
ISBN: 1509915397
Category : Law
Languages : en
Pages : 379
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Book Description
This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China–Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.
