Author: Joseph McMahon
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 360
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Book Description
'The WTO Agreement on Agriculture' provides an in-depth examination of the substantive provisions and the disputes that have arisen in each of these three areas - market access domestic support and export competition.
Author: Rhonda Ferguson
Publisher: BRILL
ISBN: 9004345302
Category : Law
Languages : en
Pages : 305
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Book Description
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
Author: Joseph A. McMahon
Publisher: Edward Elgar Pub
ISBN: 9781848441163
Category : Law
Languages : en
Pages : 313
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Book Description
'The range of topics covered in this volume is multi-faceted and various. . . Practitioners with clients involved in agri-business will be particularly interested in the broad spectrum of matters discussed, as will trade negotiators, policy advisors and graduate students in this vital and fascinating field.' - Phillip Taylor MBE and Elizabeth Taylor, the Barrister Magazine
Author: David Orden
Publisher: Cambridge University Press
ISBN: 113950133X
Category : Law
Languages : en
Pages : 519
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Book Description
Farm support is contentious in international negotiations. This in-depth assessment of the legal compliance and economic evaluation issues raised by the WTO Agreement on Agriculture presents consistent support data and forward-looking projections for eight developed and developing countries (EU, US, Japan, Norway, Brazil, China, India, Philippines), using original estimates where official notifications are not available. Variations over time in notified support in some cases reflect real policy changes; others merely reflect shifts in how countries represent their measures. The stalled Doha negotiations presage significantly tighter constraints for developed countries that provide the highest support, but loopholes will persist. Developing countries face fewer constraints and their trade-distorting farm support can rise. Pressure points and key remaining issues if a Doha agreement is reached are evaluated. Vigilant monitoring for compliance of farm support with WTO commitments will be required to lessen its negative consequences whether or not the Doha Round is concluded.
Author: Marc Benitah
Publisher: Kluwer Law International B.V.
ISBN: 9403503343
Category : Law
Languages : en
Pages : 684
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Book Description
Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.
Author: Merlinda Ingco
Publisher: World Bank Publications
ISBN: 082138368X
Category : Business & Economics
Languages : en
Pages : 411
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Book Description
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.
Author: Sachin Kumar Sharma
Publisher: Springer
ISBN: 9811021791
Category : Business & Economics
Languages : en
Pages : 243
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Book Description
This book examines the public stockholding policies of selected developing countries from the perspective of WTO rules and assesses whether the provisions of the Agreement on Agriculture (AoA) could hamper these countries’ efforts to address the challenges of food security. Further, it highlights the need to amend the provisions of the AoA to make WTO rules just and fair for the millions of people suffering from hunger and malnutrition in developing countries. This book highlights that 12 countries namely China, Egypt, India, Indonesia, Jordan, Kenya, Morocco, Pakistan, Tunisia, Turkey, Zambia and Zimbabwe are facing or will face problems in implementing the food security policies due to the provisions under AoA. These provisions need to be amended for permitting developing countries to address hunger and undernourishment. Progress in WTO negotiations on public stockholding for food security purposes are also discussed and analysed. The findings of this study greatly benefit trade negotiators, policymakers, civil society, farmers groups, researchers, students and academics interested in issues related to the WTO, agriculture and food security.
Author: Elisabeth Bürgi Bonanomi
Publisher: Edward Elgar Publishing
ISBN: 1784717274
Category : Business & Economics
Languages : en
Pages : 455
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Book Description
This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.
Author: Melaku Geboye Desta
Publisher: Springer
ISBN: 9789041198655
Category : Law
Languages : en
Pages : 0
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Book Description
This book analyses the current realities and future prospects for global trade in agricultural products. It seeks to explain the real or apparent rationale behind the virtual exemption of agricultural trade in general, focusing on the GATT/WTO system but examiming a variety of nation-source policy reasons that generate this crucial counter-current to the general sweep of trade liberalization.
Author: Glauber, Joseph W.
Publisher: Intl Food Policy Res Inst
ISBN:
Category : Political Science
Languages : en
Pages : 55
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Book Description
A landmark achievement of the Uruguay Round, and notably, the Agreement on Agriculture, was the full inclusion of agriculture in multilateral rules and disciplines. Since the birth of World Trade Organization (WTO), a significant number of member countries have used the dispute settlement mechanism (DSM) for resolving the disputes in agriculture. The DSM has played an important role not only for those parties involved in the disputes, but also by helping member countries to better understand the WTO rules, and therefore help guide them in developing domestic policies and trade policies that are consistent with WTO requirements. This paper examines trade disputes involving the Agreement on Agriculture since the WTO was formed in 1995 through December 2019. It analyzes who brought the disputes and against whom disputes were brought, and provides details on the natures of the disputes, the duration of disputes, and, the outcome of those disputes.
