Circumvention and Anti-circumvention Measures

Circumvention and Anti-circumvention Measures PDF Author: Yanning Yu
Publisher: Kluwer Law International B.V.
ISBN: 9041126864
Category : Technology & Engineering
Languages : en
Pages : 294

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Book Description
The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

Circumvention and Anti-circumvention Measures

Circumvention and Anti-circumvention Measures PDF Author: Yanning Yu
Publisher: Kluwer Law International B.V.
ISBN: 9041126864
Category : Technology & Engineering
Languages : en
Pages : 294

Get Book Here

Book Description
The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

Cynical International Law?

Cynical International Law? PDF Author: Björnstjern Baade
Publisher: Springer
ISBN: 9783662621301
Category : Law
Languages : en
Pages : 369

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Book Description
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.

Handbook on International Trade Policy

Handbook on International Trade Policy PDF Author: William Alexander Kerr
Publisher: Edward Elgar Publishing
ISBN: 9781847205469
Category : Political Science
Languages : en
Pages : 564

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Book Description
'This book obtains its broad expertise by pulling together expertise from a wide range of experts in the way that each chapter is written by authors specialized in the topic addressed. . . This Handbook on international trade policy is a good summary of theories, policy instruments and their effects and is written in an understandable manner. Most parts are suited for students and those who want to start understanding international trade policy. It is also useful for researchers, policy-makers and practitioners looking for quick guidance on different topics in international trade policy. The clear structure of the book organized by topics allows for a quick and easy reference.' – Martin Grass, Quarterly Journal of International Agriculture The Handbook on International Trade Policy is an insightful and comprehensive reference tool focusing on trade policy issues in the era of globalization. Each specially commissioned chapter deals with important international trade issues, discusses the current literature on the subject, and explores major controversies. The Handbook also directs the interested reader to further sources of information. The expert contributors cover both traditional and more current concerns including: • history of thought on trade policy • the development of multilateral organizations such as the World Trade Organization • border restrictions and subsidies • regional trade agreements • trade and the environment • animal, plant and food safety measures • international protection of intellectual property and sanctions. Presenting a broad and state-of-the-art perspective on the topic, this highly accessible Handbook will prove an invaluable resource to researchers, academics, policymakers and practitioners concerned with international trade policy.

Anti-dumping Laws and Practices of the New Users

Anti-dumping Laws and Practices of the New Users PDF Author: Junji Nakagawa
Publisher: Cameron May
ISBN: 1905017251
Category : Antidumping duties
Languages : en
Pages : 390

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Book Description
More and more members of the WTO are using anti-dumping (AD) measures as an effective tool for protecting domestic industries facing competition with foreign products. In contrast to the 'big four' (US, EC, Canada and Australia), which have been using AD measures frequently since the GATT era, many of the new users established their AD regimes and began to use them after the establishment of the WTO. Why are there more and more new users? How are they applying AD measures? Do they comply with the rules of the WTO Anti- Dumping Agreement? What are their specific characteristics in the handling of AD cases? What should exporters and practitioners do to prepare for AD investigations by the new users? Based on extensive analyses of primary materials and hearings from practitioners and AD authorities, this book provides detailed and updated information to answer these questions on the following new users: China, Chinese Taipei, Korea, Thailand, India, South Africa, Mexico, Argentina, and Brazil.

Harmonizing European Copyright Law

Harmonizing European Copyright Law PDF Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
ISBN: 9041131302
Category : Law
Languages : en
Pages : 402

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Book Description
The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.

Intellectual Property Rights as Obstacles to Legitimate Trade?

Intellectual Property Rights as Obstacles to Legitimate Trade? PDF Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9403502053
Category : Law
Languages : en
Pages : 295

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Book Description
Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.

Business Guide to Trade Remedies in the European Community

Business Guide to Trade Remedies in the European Community PDF Author:
Publisher: Oxford University Press
ISBN: 9789291372713
Category : Business & Economics
Languages : en
Pages : 228

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Book Description
This publication is part of a series of guides containing information on trade remedy procedures (anti-dumping, countervailing and safeguards legislation and procedures) aimed at business managers, importers and exporters from developing countries and transition economies. It focuses on the European Community, the largest market for many developing countries and transition economies and a frequent user of trade remedy measures. It highlights legal practice and the appropriate provisions of the relevant WTO Agreements. Topics covered include: the use of trade remedies; procedural aspects of anti-dumping and anti-subsidy investigations; and emergency action against imports safeguards.

The Global Regime for the Enforcement of Intellectual Property Rights

The Global Regime for the Enforcement of Intellectual Property Rights PDF Author: Xavier Seuba
Publisher: Cambridge University Press
ISBN: 1108415164
Category : Business & Economics
Languages : en
Pages : 497

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Book Description
A complete picture and thorough analysis of the international norms and bodies dealing with the enforcement of intellectual property rights.

The Scots Digest of Scots Appeals in the House of Lords from 1707 and of the Cases Decided in the Supreme Courts of Scotland

The Scots Digest of Scots Appeals in the House of Lords from 1707 and of the Cases Decided in the Supreme Courts of Scotland PDF Author: Robert Candlish Henderson
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 724

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Book Description


WTO Law and Policy

WTO Law and Policy PDF Author: Jae Sundaram
Publisher: Routledge
ISBN: 042963269X
Category : Law
Languages : en
Pages : 965

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Book Description
WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO) and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO’s legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system, and incorporates the most relevant case laws from the WTO’s jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the covered agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time.