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Author: Simon Arnd Benedikt Schropp
Publisher:
ISBN: 9780511675249
Category : Dispute resolution (Law)
Languages : en
Pages : 380
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Book Description
This critical analysis of contractual escape and punishment in the WTO proposes a politically realistic and systemically viable reform agenda.
Author: Simon Arnd Benedikt Schropp
Publisher:
ISBN: 9780511675249
Category : Dispute resolution (Law)
Languages : en
Pages : 380
Get Book Here
Book Description
This critical analysis of contractual escape and punishment in the WTO proposes a politically realistic and systemically viable reform agenda.
Author: Simon A. B. Schropp
Publisher: Cambridge University Press
ISBN: 9781107638181
Category : Law
Languages : en
Pages : 380
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Book Description
The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct. This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable.
Author: Simon Arnd Benedikt Schropp
Publisher: Cambridge University Press
ISBN: 0521761204
Category : Arbitration (International law)
Languages : en
Pages : 379
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Book Description
"The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct." "This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable." --Book Jacket.
Author: United Nations Conference on Trade and Development
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 164
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Book Description
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
Author: Simon A. B. Schropp
Publisher:
ISBN:
Category :
Languages : en
Pages : 370
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Book Description
Author: Terence P. Stewart
Publisher: Kluwer Law International B.V.
ISBN: 9041131469
Category : Law
Languages : en
Pages : 562
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Book Description
teach aspects of the WTO system or advise clients in the private sector." "The essays are grouped into three sections: (1) looking at the ongoing Doha negotiations and/or describing changes to the WTO system or negotiation approach that are needed/viewed as desirable; (2) examining the direction US trade policy should take moving forward; and (3) critically examining the world food crisis and what role the trading system and individual WTO members can take in helping to resolve the crisis." --Book Jacket.
Author: Elizabeth Sirois
Publisher: DIANE Publishing
ISBN: 9780756705978
Category :
Languages : en
Pages : 78
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Book Description
Author: Christina L. Davis
Publisher: Princeton University Press
ISBN: 0691152764
Category : Business & Economics
Languages : en
Pages : 344
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Book Description
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: Amrita Narlikar
Publisher: OUP Oxford
ISBN: 0199586101
Category : Political Science
Languages : en
Pages : 880
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Book Description
The Oxford Handbook on the World Trade Organization provides an authoritative and cutting-edge account of the World Trade Organization - what it does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges.
Author: Craig VanGrasstek
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 704
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Book Description
The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
