The Law and Policy of the World Trade Organization

The Law and Policy of the World Trade Organization

Author: Peter Van den Bossche

Publisher: Cambridge University Press

Published: 2005-06-10

Total Pages: 784

ISBN-13: 9781139445559

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This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.


The Regulation of International Trade, Volume 1

The Regulation of International Trade, Volume 1

Author: Petros C. Mavroidis

Publisher: MIT Press

Published: 2015-12-18

Total Pages: 645

ISBN-13: 0262029847

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A detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) was created alongside other towering achievements of the post-World War II era, including the United Nations, the World Bank, and the International Monetary Fund. GATT, the first successful agreement to generate multilateral trade liberalization, became the principal institution to administer international trade for the next six decades. In this book, Petros Mavoidis offers detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. Mavroidis offers a substantive first chapter that provides a detailed historical background to GATT that stretches from the 1927 World Economic Conference through Bretton Woods and the Atlantic Charter. Each of the following chapters examines the disciplines agreed to, their negotiating record, their economic rationale, and subsequent practice. Mavroidis focuses on cases that have influenced the prevailing understanding of the norm, as well as on literature that has contributed to its interpretation, and the final outcome. In particular, he examines quantitative restrictions and tariffs; the most favored nation clause (MFN), the cornerstone of the GATT edifice; preferential trade agreements and special treatment for products originating in developing countries; domestic instruments; and exceptions to the obligations assumed under GATT. This book's companion volume examines World Trade Organization (WTO) agreements regulating trade in goods.


Global Trade Policy

Global Trade Policy

Author: Pamela J. Smith

Publisher: John Wiley & Sons

Published: 2013-07-09

Total Pages: 297

ISBN-13: 1118357701

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Using a unique, question-based format, Global Trade Policy offers accessible coverage of the key questions in trade and policy; it charts the changing policy landscape and evolving institutional arrangements for trade policies, examines trade theory, and provides students with an economic framework to better understand the current issues in national and international trade policy. Uses a unique, question-based format to explore the questions and current debates in international trade policy and their implications Explores trade theory to help guide discussions of trade policy, including traditional theories of inter-industry trade, as well as newer theories of intra-industry and intra-firm trade Examines the national and international effects of widely used policies designed to directly and indirectly affect trade, and considers the evolving institutional arrangements for these Charts the changing policy landscape from traditional trade policies – such as tariffs, quantitative restrictions, and export subsidies – to those including intellectual property rights, labor, the environment, and growth and development policies Covers national as well as global perspectives and their interaction, helping to explain opposing views on trade policy and liberalization Includes applied exercises enabling students to explore open-ended and realistic questions of policy debate, making it ideal for classroom use; an instructor’s manual and a range of other resources are available at www.wiley.com/go/globaltradepolicy


The Regulation of International Trade, Volume 3

The Regulation of International Trade, Volume 3

Author: Petros C. Mavroidis

Publisher: MIT Press

Published: 2020-11-24

Total Pages: 753

ISBN-13: 0262360616

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A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.


Human Rights Related Trade Measures under International Law

Human Rights Related Trade Measures under International Law

Author: Anthony Cassimatis

Publisher: BRILL

Published: 2007-12-31

Total Pages: 516

ISBN-13: 9047422082

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When does international law allow a State or group of States to adopt trade measures in order to “coerce” another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on “Trade and ...” issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.


Liber Amicorum Judge Shigeru Oda

Liber Amicorum Judge Shigeru Oda

Author: Nisuke Ando

Publisher: BRILL

Published: 2023-03-13

Total Pages: 825

ISBN-13: 9004531165

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Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).


The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence

The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement: From Fragmentation to Coherence

Author: Malebakeng Agnes Forere

Publisher: Kluwer Law International B.V.

Published: 2015-10-12

Total Pages: 437

ISBN-13: 9041162763

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It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of the World Trade Organization (WTO). The author examines this phenomenon in great detail, and offers viable recommendations to restore coherence in the global trading system without upsetting the rights and obligations of WTO Member States. Because the WTO and RTAs must be viewed as layers of one system and must therefore have a relationship that extends to dispute settlement, such principles of subsidiarity as autonomy, mutual assistance, and flexibility are key to a successful institutional relationship between the WTO and RTAs. From this theoretical springboard, the author proceeds to analyse the following issues and more: – the relationship between WTO and RTAs based on Article XXIV of GATT; - the extent to which WTO panels can apply RTA law; - the extent to which the WTO panels can hear RTA claims; - opportunity for RTA Members to secure preliminary rulings and advisory opinions from the WTO; - recognition by WTO panels of the results of litigation or arbitration that took place at the RTA level; - opportunity for RTA Members to appeal RTA dispute settlement decisions to the WTO; and - clarification of WTO rules designed to enable RTA activities (or intervene if necessary). Major cases decided at the WTO and RTA levels that manifest conflict between RTAs and the WTO are fully analysed. Confronting directly the stagnation in negotiating and concluding new trade agreements at the multilateral level and the fragmentation of the international trade law system, this important book shows clearly how the institutional relationship between the WTO and RTAs can be restructured with a view to establishing mutual recognition of the judgments of both. In a nutshell, the book calls for reconfiguration of WTO Dispute Settlement Body to perform functions of World Trade Court that is capable of hearing disputes arising between WTO Members, RTA Members and Non-WTO Members. It will prove invaluable to all involved in the negotiation and implementation of trade agreements at every level.