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Author: Lorand Bartels
Publisher: Oxford University Press, USA
Published: 2006
Total Pages: 648
ISBN-13:
DOWNLOAD EBOOK'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.
Author: Rohini Acharya
Publisher: Cambridge University Press
Published: 2016-09-22
Total Pages: 753
ISBN-13: 1107161649
DOWNLOAD EBOOKThis volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
Author: World Trade Organization
Publisher: Cambridge University Press
Published: 2017-09-14
Total Pages: 417
ISBN-13: 1108417272
DOWNLOAD EBOOKThis handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author: Mohammad F. A. Nsour
Publisher: Sidestone Press
Published: 2010
Total Pages: 378
ISBN-13: 9088900361
DOWNLOAD EBOOKRegional Trade Agreements (RTAs) have proliferated at an unprecedented pace since the creation of the World Trade Organization (WTO). Although the WTO legally recognizes countries' entitlement to form RTAs, neither the WTO nor parties to RTAs have an unequivocal understanding of the relationship between the WTO and RTAs. In other words, the legal controversies, the result of uncertainty regarding the application of the WTO/GATT laws, risk undermining the objectives of the multilateral trade system. This research tackles a phenomenon that is widely believed to be heavily economic and political. It highlights the economic and political aspects of regionalism, but largely concentrates on the legal dimension of regionalism. The main argument of the book is that the first step to achieving harmony between multilateralism and regionalism is the identification of the legal uncertainties that regionalism produces when countries form RTAs without taking into account the substantive and procedural aspect of the applicable WTO/ GATT laws. The book calls for the creation of a legal instrument (i.e. agreement on RTAs) that combines all of the applicable law on RTAs, and simultaneously clarifies the legal language used therein. Likewise, the WTO should have a proactive role, not merely as a coordinator of RTAs, but as a watchdog for the multilateral system that has the power to prosecute violating RTAs. The author is aware that political concerns are top priorities for governments and policy makers when dealing with the regionalism problematic. Hence, legal solutions or proposals are not sufficient to create a better international trade system without the good will of the WTO Members who are, in fact, the players who are striving to craft more regional trade arrangements.
Author: International Trade Law Center
Publisher: Springer Science & Business Media
Published: 2007-12-31
Total Pages: 3142
ISBN-13: 0387226885
DOWNLOAD EBOOKThe editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.
Author: Antoni Estevadeordal
Publisher: Cambridge University Press
Published: 2009-06-18
Total Pages: 541
ISBN-13: 0521760844
DOWNLOAD EBOOKThis book describes the rules governing regional trade agreements, providing new insights into the interplay between regional and multilateral trade rules.
Author: Chun-ming (Kevin) Chen
Publisher: LAP Lambert Academic Publishing
Published: 2010-06
Total Pages: 220
ISBN-13: 9783838365268
DOWNLOAD EBOOKA product of fragmentation of international law, the issue of jurisdictional conflicts between the WTO and Regional Trade Agreements is of systemic importance. Not only does it raise the potential problem of inconsistent rulings for WTO/RTA Members, it requires the WTO Tribunal to confront the very nature and scope of its jurisdiction, the admissibility of cases and its applicable law, all highly controversial and unsettled issues in international law. This thesis aims to present a framework that can hopefully serve to offer solutions on the basis of the current WTO legal system. Under this framework, where WTO proceedings are initiated in a genuinely abusive manner, the WTO Tribunal would be able to dismiss the WTO complaint for lack of jurisdiction or on the grounds of inadmissibility. This does not mean a general deference to RTA Tribunals, but, rather, would reflect the WTO Tribunal's cognizance of the relevant WTO Members' true intentions; by giving effect to the Members' true intentions, the WTO Tribunal could mitigate fragmentation of international law, thereby securing and promoting the coherence in the international legal system.
Author: N. David Palmeter
Publisher: Cameron May
Published: 2003
Total Pages: 371
ISBN-13: 1874698341
DOWNLOAD EBOOKAuthor: United Nations Conference on Trade and Development
Publisher:
Published: 2010
Total Pages: 164
ISBN-13:
DOWNLOAD EBOOKThe 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: Mitsuo Matsushita
Publisher: Oxford University Press
Published: 2015
Total Pages: 942
ISBN-13: 0199571856
DOWNLOAD EBOOKThis 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.
