Download or read book Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures written by José Guilherme Moreno Caiado and published by Cambridge University Press. This book was released on 2019-05-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the WTO rules governing industrial subsidies, as established by the SCM Agreement and interpreted by relevant case law.
Download or read book WTO Agreement on Subsidies and Countervailing Measures written by Wolfgang Müller and published by Cambridge University Press. This book was released on 2017-08-18 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.
Download or read book WTO Disciplines on Subsidies and Countervailing Measures written by Dominic Coppens and published by Cambridge University Press. This book was released on 2014-05-22 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.
Download or read book Export Promotion and the WTO written by Philippe De Baere and published by UN. This book was released on 2009 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on export promotion schemes that developing countries may use without violating international trade rules. It examines the rules themselves ndash; the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures for industrial goods and the Agreement on Agriculture for agricultural products ndash; and looks at schemes currently in place in the developing world.
Download or read book Most favoured nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.
Download or read book The WTO and Infant Industry Promotion in Developing Countries written by Juan He and published by Routledge. This book was released on 2014-09-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries’ industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Download or read book A Handbook on the WTO TRIPS Agreement written by Antony Taubman and published by Cambridge University Press. This book was released on 2012-04-26 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.
Download or read book WTO Dispute Settlement Understanding written by Guohua Yang and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of the first decade of the existence of the World Trade Organisation (WTO), the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) has shown itself to be the foundation upon which the stable bas of the organisation rests. In essence, the DSU created a system of binding dispute settlement based on legal rules and procedures closely resembling a domestic, judicially based court system. The DSU established the procedures and rules to solve the dispute between the WTO Members and its formation has unquestionably added to the stability and positively influenced the performance of the international trading system. In short, the DSU is the procedural law within the WTO legal system. Although a strict system of precedent is not contemplated in the DSU itself, a system of de facto precedent has emerged and every panel or appellate body carefully considers past cases in its decisions. Accordingly, a rich body of case law has developed from the jurisprudence of the Dispute Settlement Board (DSB). This major new publication is the first comprehensive exploration of this jurisprudence. Through an article-by-article interpretation of the DSU, this book analyses how the panels and Appellate Body have read, interpreted and construed the provisions of the DSU. Its expert authors provide detailed juridical essays on each of the 27 articles of the DSU, with precise commentary on how panel and Appellate Body reports and arbitral awards (over 100 to date) affect the interpretation and application of the various DSU provisions. The coverage also includes the special or additional rules and procedures referred to in some of the agreements covered by the DSU, especially the manner in which the DSB has applied such rules to anti-dumping, subsidies and countervailing measures, and textiles. In addition, the volume reprints all of the DSU-related documents for easy reference. WTO Dispute Settlement Understanding: A Detailed Interpretation provides complete and through evaluation of the practical working meaning of the DSU. It will be of invaluable assistance to government officials, legal practitioners, scholars, media participants, non-governmental organisations, and other in their practical and important endeavors. The detailed analysis of this very important legal material will be welcomed by all concerned with matters of world trade and globalisation.
Download or read book Essentials of WTO Law written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2021-06-24 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The multilateral trading system and the WTO, its principal institution, are currently in crisis. Now more than ever, it is essential to provide a sound understanding of WTO rules and procedures, and their contribution to a secure and predictable framework for trading relations between nations. This book provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO, written in a concise and highly reader-friendly manner. It provides a clear and systematic discussion of key issues of WTO law, and incorporates important case law and current debates. It includes useful pedagogical features such as illustrative examples of the application of the legal framework to practical situations to facilitate understanding, as well as lists of further reading. Co-written by a leading authority in the field, it forms essential reading for anyone who wants to get to grips with this fascinating and challenging field of law.
Download or read book Agricultural Domestic Support Under the WTO written by Lars Brink and published by Cambridge University Press. This book was released on 2023-02-16 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO Agreement on Agriculture subjects different groups of developed and developing countries to different limits on domestic support and allows various exemptions from these limits. Offering a comprehensive assessment of the Agreement's rules and implementation, this book develops guidance toward socially desirable support policies. Although dispute settlement has clarified interpretation of the Agriculture and SCM Agreements, gaps remain between the legal disciplines and the economic effects of support. Considering the Agriculture Agreement also in the context of today's priorities of sustainability and climate change mitigation, Lars Brink and David Orden build a strategy that aligns the rules and members' commitments with the economic impacts of agricultural support measures. While providing in-depth analysis of the existing rules, their shortcomings and the limited scope of ongoing negotiations, the authors take a long-term view, where policies directed toward evolving priorities in agriculture are compatible with strengthened rules that reduce trade and production distortions.
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 Energy in International Trade Law written by Anna-Alexandra Marhold and published by Cambridge University Press. This book was released on 2021-07-15 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of energy regulation in international trade law against the backdrop of energy markets that have undergone radical change.
Download or read book The Definition of Subsidy and State Aid written by Luca Rubini and published by Oxford University Press. This book was released on 2009-12-24 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a conceptual analysis of the definitions of state aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate state intervention.
Download or read book Digital Services in International Trade Law written by Ines Willemyns and published by Cambridge University Press. This book was released on 2021-09-30 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive analysis of the applicability of international trade law to digital services at multilateral and regional levels.
Download or read book New Asian Regionalism in International Economic Law written by Pasha L. Hsieh and published by Cambridge University Press. This book was released on 2021-12-16 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law. It argues that new Asian regionalism has emerged amid the Third Regionalism and contributed to the New Regional Economic Order, which reinvigorates the role of developing countries in shaping international trade norms. To substantiate the claims, the book introduces theoretical debates and evaluates major regional economic initiatives and institutions, including the ASEAN+6 framework, APEC, the CPTPP and the RCEP. It also sheds light on legal issues involving the US-China trade war and the COVID-19 pandemic, as well as trade policies of Asian powers, the European Union and the United States. Hence, the legal analysis and case studies offer a fresh perspective of Asian integration and bridge the gap between academia and practice.
Download or read book The Law and Practice of Global ICT Standardization written by Olia Kanevskaia and published by Cambridge University Press. This book was released on 2023-01-31 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how ICT standards, as powerful technical rules that affect society, emerge and are legitimised.
