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Author: Sheela Rai
Publisher: Routledge
ISBN: 1136702946
Category : Business & Economics
Languages : en
Pages : 316
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Book Description
This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
Author: Sheela Rai
Publisher: Routledge
ISBN: 1136702946
Category : Business & Economics
Languages : en
Pages : 316
Get Book Here
Book Description
This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
Author: Michael J. Trebilcock
Publisher: Edward Elgar Publishing
ISBN: 0857931466
Category : Law
Languages : en
Pages : 223
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Book Description
A fantastic introduction to international trade! Trebilcock does an outstanding job in breaking through the myth that international trade is somehow too hard to learn without years of study. The field is in desperate need of an expertly written yet accessible presentation, and now it has one. This should be everyones first book on the subject. - Andrew Guzman, University of California, US Michael Trebilcock is one of the leading scholars in the world on the law and economics of international trade. In this compact volume, he offers a concise and lucid survey of the legal and policy issues associated with this increasingly important body of law. It gives non-specialists an accessible introduction to the major issue areas, and is full of insights that specialists will find useful as well. - Alan O. Sykes, Stanford Law School, US This elegantly written and essential volume fills three important gaps. First, it provides an admirably accessible and precise explanation of international trade law, serving to inform students and neophyte practitioners. Second, it encapsulates Prof. Trebilcocks mastery of the doctrine and economic rationales of trade law, serving to inform scholars and advanced practitioners. Third, it develops a well-informed, nuanced, and wise critique of trade law, pointing the way forward for policy-makers. - Joel P. Trachtman, Tufts University, US Michael Trebilcock is one of the intellectual giants in the law of international trade. This work makes an important contribution to our understanding of trade law and will become a classic in the field. It is masterly. - Jagdish Bhagwati, Columbia University, US This book provides a short, straightforward account of the basic structure and principles of international trade law written by one of the leading authorities in this field. The book covers, in a series of short chapters, all the major issues in international trade law, including dispute settlement; the Most Favoured Nation Principle; preferential trade agreements; the National Treatment Principle; contingent protection laws (anti-dumping, countervailing duties and safeguards); trade and agriculture; trade and services; trade and investment; trade-related intellectual property rights; trade policy and domestic health; safety, environmental and labour regulation; and trade policy and developing countries. Each chapter sets out the basic provisions and relevant GATT/WTO agreements governing the issues in question, the central issues or conflicts that have arisen in the interpretation and application of these provisions, leading GATT/WTO case law generated by the formal dispute settlement processes of the GATT/WTO, and unresolved issues that remain a matter of controversy.
Author: Yong-Shik Lee
Publisher: Edward Elgar Publishing
ISBN: 1781956073
Category : Law
Languages : en
Pages : 403
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Book Description
Safeguard Measures in World Trade tackles the controversial issue of restrictions on imports. Professor Yong-Shik Lee skillfully argues that Safeguards interfere substantially with the normal stream of trade, and their improper application undermines t
Author: Fernando Piérola
Publisher: Cambridge University Press
ISBN: 1316061892
Category : Law
Languages : en
Pages : 419
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Book Description
The Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case.
Author: Michael Trebilcock
Publisher: Routledge
ISBN: 1135995842
Category : Business & Economics
Languages : en
Pages : 875
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Book Description
Drawing on a wide variety of classic and contemporary sources, respected authors Howse and Trebilcock here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. Drawing on previous highly praised editions this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this third edition includes full coverage of new developments including the Doha trade round, attitudes towards the Kyoto protocol and the growing body of WTO dispute resolution case law.
Author: Oisin Suttle
Publisher: Cambridge University Press
ISBN: 1108415814
Category : Business & Economics
Languages : en
Pages : 423
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Book Description
This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.
Author: Sue Arrowsmith
Publisher: Cambridge University Press
ISBN: 1139501429
Category : Law
Languages : en
Pages : 895
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Book Description
Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.
Author: Amrita Narlikar
Publisher: OUP Oxford
ISBN: 0191628441
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. Its purpose is to provide a holistic understanding of what the WTO does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges. The Handbook benefits from an interdisciplinary approach. The editorial team comprises a transatlantic partnership between a political scientist, a historian, and an economist. The distinguished and international team of contributors to the volume includes leading political scientists, historians, economists, lawyers, and practitioners working in the area of multilateral trade. All the chapters present original and state-of-the-art research material. They critically engage with existing academic and policy debates, and also contribute to the evolution of the field by setting the agenda for current and future WTO studies.The Handbook is aimed at research institutions, university academics, post-graduate students, and final-year undergraduates working in the areas of international organization, trade policy and negotiations, global economic governance, and economic diplomacy. As such, it should find an enthusiastic readership amongst students and scholars in History, Economics, Political Science, International Relations, Public Policy, and Law. Equally important, the book should have direct relevance for diplomats, international bureaucrats, government officials, and other policy-makers and practitioners in the area of trade and economic governance.
Author: Jingxia Shi
Publisher: Bloomsbury Publishing
ISBN: 1782251162
Category : Law
Languages : en
Pages : 196
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Book Description
This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.
Author: Gregory Messenger
Publisher: Oxford University Press
ISBN: 019102581X
Category : Law
Languages : en
Pages : 395
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Book Description
The World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
