Developing Countries in the WTO Legal System

Author: Chantal Thomas,Joel P. Trachtman

Publisher: Oxford University Press

ISBN: 0195383613

Category: Law

Page: 523

View: 5583

With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.
Posted in Law

Developing Countries in the WTO Legal System

Author: Chantal Thomas,Joel P Trachtman

Publisher: Oxford University Press

ISBN: 0190452463

Category: Law

Page: 544

View: 4188

With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.
Posted in Law

Developing Countries in the WTO Legal System

Author: Chantal Thomas,Joel P Trachtman

Publisher: Oxford University Press

ISBN: 0199745145

Category: Law

Page: 544

View: 1247

With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.
Posted in Law

Remedies Under the WTO Legal System

Author: R. Rajesh Babu

Publisher: Martinus Nijhoff Publishers

ISBN: 9004209026

Category: Business & Economics

Page: 499

View: 4393

The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.
Posted in Business & Economics

Dispute Settlement at the WTO

The Developing Country Experience

Author: Gregory C. Shaffer,Ricardo Meléndez-Ortiz

Publisher: Cambridge University Press

ISBN: 9781139493284

Category: Law

Page: N.A

View: 3701

This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
Posted in Law

Developing Countries in the GATT Legal System

Author: Robert E. Hudec

Publisher: Cambridge University Press

ISBN: 1139495534

Category: Law

Page: N.A

View: 1495

In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.
Posted in Law

A History of Law and Lawyers in the GATT/WTO

The Development of the Rule of Law in the Multilateral Trading System

Author: Gabrielle Marceau

Publisher: Cambridge University Press

ISBN: 1107085233

Category: Law

Page: 684

View: 9263

How have GATT/WTO staff and Appellate Body members contributed to the evolution of the rule-of-law in the multilateral trading system?
Posted in Law

A Handbook on the WTO Dispute Settlement System

Author: ,

Publisher: Cambridge University Press

ISBN: 1108279295

Category: Law

Page: N.A

View: 8990

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.
Posted in Law

Regional trade agreements and the WTO legal system

Author: Lorand Bartels,Federico Ortino

Publisher: Oxford University Press, USA

ISBN: 9780199207008

Category: Business & Economics

Page: 604

View: 2044

The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.
Posted in Business & Economics

Blame it on the WTO?

A Human Rights Critique

Author: Sarah Joseph

Publisher: Oxford University Press

ISBN: 0199689768

Category: Business & Economics

Page: 368

View: 7920

The WTO is often accused of not paying enough attention to human rights. This book weighs these criticisms and examines their validity, both from a legal and from political and economic points of views. It asks whether the WTO is under an obligation to construct a fairer trade system and discusses suggestions for reform.
Posted in Business & Economics

Developing Countries in the GATT Legal System

Author: Robert E. Hudec

Publisher: Cambridge University Press

ISBN: 1139495534

Category: Law

Page: N.A

View: 3624

In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.
Posted in Law

The History and Future of the World Trade Organization

Author: Craig VanGrasstek

Publisher: N.A

ISBN: N.A

Category: Business & Economics

Page: 646

View: 6283

This comprehensive account of the establishment of the WTO focuses on those who shaped its creation as well as those who have influenced its evolution. It also examines trade negotiations, the WTO's dispute settlement role, the process of joining, and what lies ahead for the organization.
Posted in Business & Economics

The Legal and Economic Analysis of the WTO/FTA System

Author: Dukgeun Ahn

Publisher: World Scientific

ISBN: 9814704369

Category: Business & Economics

Page: 384

View: 6474

The Legal and Economic Analysis of the WTO/FTA System presents a collation of interdisciplinary studies covering a wide range of issues from WTO dispute settlement issues to trade remedy systems and FTA negotiations. The author applies legal as well as economic rationales and methods to analyze core issues in the world trading system and in doing so, sheds an interesting light on various trade issues. The interdisciplinary analysis on WTO and FTA issues provides a unique opportunity to reconsider many conventional trade topics. For instance, the author shows that third country dumping rarely used in the GATT/WTO system may have a new role with economic incentives in the context of FTAs. Contents:Dispute Settlement in the WTO System:Understanding Non-litigated Disputes in the WTO Dispute Settlement SystemKorea in the GATT/WTO Dispute Settlement System: Legal Battle for Economic DevelopmentPractices and Theoretical Foundations of the Trade Remedy System:Alternative Approach to Causation Analysis in Trade Remedy Investigations: 'Cost of Production' TestThird Country Dumping: Origin, Evolution and ProspectRestructuring the WTO Safeguard Mechanism in The WTO Trade Remedy SystemFoe or Friend of GATT Article XXIV: Diversity in Trade Remedy RulesCountervailing Duty against China: Opening a Pandora's Box in the WTO System?United States — Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: Never Ending Zeroing in the WTO?International Decisions: United States — Definitive Anti-Dumping and Countervailing Duties on Certain Products from ChinaInterrelation between Trade and Finance:Linkages between International Trade and Financial Institutions: IMF, World Bank and WTOWTO Disciplines Under the IMF Program: Congruence or Conflict?Is the Chinese Exchange-rate Regime 'WTO-legal'?Book Review: International Law in Financial Regulation and Monetary AffairsLegal and Economic Analysis of Free Trade Agreements:Dispute Settlement Systems in Asian FTAs: Issues and ProblemsAnalysis of Anti-dumping Use in Free Trade AgreementsLegal Issues for Korea's "Internal Trade" in the WTO System Readership: Researchers, students, and members of the public who are interested in international trade or economic law, international economics and international political economy.
Posted in Business & Economics

Agriculture, development, and the global trading system: 2000– 2015

Author: Bouët, Antoine,Laborde Debucquet, David

Publisher: Intl Food Policy Res Inst

ISBN: 0896292495

Category: Social Science

Page: 492

View: 8404

This book is devoted to the complex relationship between the global trading system and food security, focusing on two important elements: the Doha Development Agenda (DDA) and how food price volatility can be managed, or not, through trade instruments. The first section of the book is based on the premise that more trade integration can fight poverty and alleviate hunger. The second section examines whether managing price volatility is doable through more or less trade integration. This section deals in particular with policy instruments available for policy makers to cope with price volatility: food stocks, crop insurance, and export restrictions. Analysis concludes that without a strong and efficient World Trade Organization (WTO) capable of conducting ambitious trade negotiations, the food security target will be much more difficult to hit.
Posted in Social Science

African Participation at the World Trade Organization

Legal and Institutional Aspects, 1995-2010

Author: Joan Apecu Laker

Publisher: Martinus Nijhoff Publishers

ISBN: 9004256717

Category: Business & Economics

Page: 352

View: 2451

Through substantive investigation, African Participation at the World Trade Organization: Legal and Institutional Aspects, 1995-2010 offers thorough explanations for the nominal, minimal, and largely ineffective activity of African members in the WTO, focusing on the three core areas of regular committee work, dispute settlement and negotiations, and considering the Group's size, compared to non-African Members. Fundamentally, the research examines the longstanding and continuing question in the Multilateral Trading System revolving around the substantive quality and effectiveness of African participation in a rules-based Multilateral Trading System with a balance of rights and obligations. The book is a must-read for anyone interested in the factors, motivations and explanations that have underpinned the behavior of African countries in the GATT/WTO system of trade rules.
Posted in Business & Economics

Self-Enforcing Trade

Developing Countries and WTO Dispute Settlement

Author: Chad P. Bown

Publisher: Brookings Institution Press

ISBN: 0815704186

Category: Political Science

Page: 282

View: 1638

The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
Posted in Political Science

The Legal Texts

The Results of the Uruguay Round of Multilateral Trade Negotiations

Author: World Trade Organization

Publisher: Cambridge University Press

ISBN: 9780521785808

Category: Business & Economics

Page: 492

View: 3337

Contains GATT, GATS, TRIPS, the new dispute settlement procedures and the legal framework of the WTO.
Posted in Business & Economics

Trade Policy Flexibility and Enforcement in the WTO

A Law and Economics Analysis

Author: Simon A. B. Schropp

Publisher: Cambridge University Press

ISBN: 1139482637

Category: Law

Page: N.A

View: 1126

The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct. This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable.
Posted in Law

Tied Aid and Development Aid Procurement in the Framework of EU and WTO Law

The Imperative for Change

Author: Annamaria La Chimia

Publisher: A&C Black

ISBN: 1782251626

Category: Law

Page: 488

View: 1826

This book is the first legal treatment of tied aid and examines in detail the compatibility of tied aid with EU and WTO law. The workings of the aid projects and aid procurement systems of donor countries granting bilateral aid are fully examined through case studies from the UK, Italy, the EU and the US. Tied aid refers to aid granted to developing countries on condition that goods and services for the aid-financed projects are purchased from the donor country only. The recipient country, in order to receive the grant or the loan, has no other choice but to fulfil the condition imposed by the donor. Economists have shown that tying aid undermines the effectiveness of aid. It leads to higher costs paid for the goods and services purchased and the distortion of the nature of the aid. Further, tying frustrates the potential of aid to foster trade between developing countries - in many of these countries public bodies and, in particular, aid-financed projects are major potential outlets for trade between neighbouring states. The importance of tied aid has been pointed out in economic literature but there is surprisingly little written on the legal aspects of tied aid practices and this book seeks to fill this major gap in the literature. The book is of interest to academics in the field of EU and WTO law, NGOs and practitioners working both in the field of public procurement and development policies.
Posted in Law

Developing Countries in the WTO

Author: C. Michalopoulos

Publisher: Springer

ISBN: 140390748X

Category: Business & Economics

Page: 278

View: 8805

Globalization means that today, more than ever before, growth in developing countries and the reduction of poverty depend on world trade and a well functioning trading system. This volume reviews developing countries trade policies and institutions, and the challenges they face in the World Trade Organization - where the rules that govern the international trading system are set.
Posted in Business & Economics