Download or read book Causation in the Law of the World Trade Organization written by Catherine Elizabeth Gascoigne and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Causation in the Law of the World Trade Organization written by Catherine Gascoigne and published by Cambridge University Press. This book was released on 2023-08-31 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.
Download or read book Causing Problems written by Douglas A. Irwin and published by . This book was released on 2003 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. safeguard actions have run into problems with the WTO's Panel and Appellate Body reviews for failing to ensure that injury caused by non-import factors is not attributed to imports. This paper reviews the subtle legal and economic differences between U.S. trade law (Section 201) and the WTO's Agreement on Safeguards on the non-attribution issue. The paper then resurrects the Kelly (1988) method of attributing injury to various factors as a potential method by which the ITC can ensure that future decisions conform with the Safeguards Agreement. The method is shown to yield results that are consistent with recent ITC safeguard decisions.
Download or read book Injury and Causation in Trade Remedy Law written by James J. Nedumpara and published by Springer. This book was released on 2016-11-25 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts. The book demonstrates that terms such as “principal cause,” “substantial cause” and “a cause in and of itself” are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.
Download or read book The Development of World Trade Organization Law written by Gregory Messenger and published by Oxford University Press. This book was released on 2016-01-28 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Development of World Trade Organization Law written by Gregory Messenger and published by Oxford University Press. This book was released on 2016-01-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law and Policy of the World Trade Organization electronic Resourc written by Peter van den Bossche and published by . This book was released on 2005 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Practice of the World Trade Organization written by Joseph F. Dennin and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of the World Trade Organization WTO written by Petros C. Mavroidis and published by West Academic Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Supplementary Addendum updates the main text and any other main coursebook on the World Trade Organization.
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Download or read book Safeguard Measures in World Trade written by Yong-Shik Lee and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Law of the World Trade Organization written by Jan Wouters (prof. dr.) and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015-10-15 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: first, where free trade is seen to be incompatible with environmental protection and, second, where WTO law confronts legal regimes governing issues of competition and intellectual property.
Download or read book The History and Future of the World Trade Organization written by Craig VanGrasstek and published by . This book was released on 2013 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
Download or read book Assessing the World Trade Organization written by Manfred Elsig and published by Cambridge University Press. This book was released on 2017-04-27 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) recently celebrated twenty years of existence. The general wisdom is that its dispute settlement institutions work well and its negotiation machinery goes through a phase of prolonged crises. Assessing the World Trade Organization overcomes this myopic view and takes stock of the WTO's achievements whilst going beyond existing disciplinary narratives. With chapters written by scholars who have closely observed the development of the WTO in recent years, this book presents the state of the art in thinking about WTO performance. It also considers important issues such as the origins of the multilateral system, the accession process and the WTO's interaction with other international organisations. The contributions shed new light on untold stories, critically review and present existing scholarship, and sketch new research avenues for a future generation of trade scholars. This book will appeal to a wide audience that aims to better understand the drivers and obstacles of WTO performance.
Download or read book The Elusive Quest for Reducing Complexity Causation in the WTO Agreement on Safeguards written by Christian Hederer and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO Agreement on Safeguards/SGA (besides other Agreements, which are not the focus of this paper) requires the presence of developments on the import side that cause - and not only coincide with - adverse effects (“injury”) to the import-competing industry in order to introduce trade remedies. The element of causation is of key importance since it establishes an economic relationship between trade flows and a corresponding domestic development which eventually justifies the introduction of a protective measure. However, causation has emerged as an unclear and controversial element of pertinent case law because language in all three Agreements is not very precise on the standards required to prove causation, and there are significant problems, both on the conceptual and operational level, to apply the requirement to concrete cases in a meaningful way. Much of the hitherto - economic as well as legal - discussion has been characterized by the implicit assumption that there is a “correct” way of conceptualizing causation in the SGA and, based on this, definitive results ultimately depend on improved methodology, more accurate models, and the generation of better data. The paper argues that this assumption is misguided since the complexity of the underlying relationships implies that (i) results will always depend on the (inter alia, econometric) methodology used; and (ii) underlying model parameters are bound to be unstable due to the inherent relation between the observer and the observed object, i.e. the possibility of behavioral adaptation to anticipated jurispudence that is based on a certain causality model. De lege ferenda, the paper proposes to explicitly acknowledge econom(etri)c modelling as a communicative device of conflict resolution on which parties can eventually agree, or to replace the SGA by a broader authorization for short-term supportive measures.
Download or read book The World Trade Organization written by International Trade Law Center and published by Springer Science & Business Media. This book was released on 2007-12-31 with total page 3142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.
