Download or read book Comparative Analysis of the SPS and the TBT Agreements written by Dukgeun Ahn and published by . This book was released on 2001 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transparency in the WTO SPS and TBT Agreements written by Marianna B. Karttunen and published by Cambridge University Press. This book was released on 2020-04-23 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Download or read book A Comparison of WTO and EC Law written by Marco Slotboom and published by Cameron May. This book was released on 2006 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: There seems to exist a pre-conception that EC trade rules governing the relations between EC Member States are stricter than similar WTO trade rules governing relations between it's Members. The pre-conception is no doubt borne out of the fact that, of the two trading regimes, the EC ostensively subscribes to more ambitious goals. A Comparison of WTO and EC Law... examines the validity of this pre-conception. More precisely, the book aims to find an answer to the following question: Is it correct to assume that, given the different objects and purposes of the EC and the WTO, the EC obligations to liberalize trade between EC Member States is stricter than the corresponding WTO obligations governing the trade between WTO Members?' With the exception of the procedural law issue of NGO participation before the European courts and the WTO dispute settlement organs, the scope of the book is limited to the EC and WTO rules on trade in goods.
Download or read book Comparative Analysis of Trade and Finance in Emerging Economies written by William A. Barnett and published by Emerald Group Publishing. This book was released on 2023-04-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the International Symposia in Economic Theory and Econometrics explores the latest economic and financial developments in Africa and Asia.
Download or read book Harmonization Equivalence and Mutual Recognition of Standards in WTO Law written by Humberto Zúñiga Schroder and published by Kluwer Law International B.V.. This book was released on 2011-07-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standards are a feature of virtually all areas of trade in products and services. Yet, although standards may achieve an efficient economic exchange, they have discriminatory consequences for trading partners when governments formulate or apply them in such a way as to cause obstacles to trade, thus enrolling standards among the increasingly significant ‘non-tariff barriers’ regulated by the WTO. This unique and original study analyses the functions that standards fulfil in the market, their effect on trade, and the legal regime based on harmonization, equivalence and mutual recognition developed by the WTO to deal with standards. The author investigates the way in which both the WTO Technical Barriers to Trade (TBT) and the Sanitary and Phytosanitary (SPS) Measures Agreements regulate these three tools, and discusses key topics including: The definition of the concept ‘International Standard’ in the TBT Agreement. Guidelines on equivalence issued by organizations such as the Codex Alimentarius Commission, the World Organization for Animal Health and the International Plant Protection Convention. Parallels between the EC mutual recognition regime and the WTO system. This is the first work on its subject. With its detailed and practical analysis of WTO law on standards, the book is a fundamental reference for practitioners, academics and policy makers in international trade law.
Download or read book The SPS Agreement Within the Framework of WTO Law written by Lukasz Gruszczynski and published by . This book was released on 2012 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyzes the problem of applicability of the SPS Agreement and its relationship with the TBT Agreement and GATT 1994. In this context, special attention is given to the panel report in EC - Biotech Products. The reason for such an approach is twofold. First, it was the first panel which comprehensively analyzed the conditions of applicability of the SPS Agreement, and second, some parts of its analysis are disappointing and not well reasoned. This article recognizes that the conditions of applicability of the SPS Agreement were conceptualized by the case law very broadly. The author, while accepting parts of the criticism which was provoked by this broad interpretation, also finds some concerns to be premature. At the same time, the article highlights the number of other deficiencies of the case law, e.g. lack of consistency in the use of interpretative tools and over-textual interpretation. With regard to the position of the SPS Agreement within the WTO system, the article notes that despite the mutually exclusive relationship between the SPS and TBT Agreements, it is not always easy to establish which of these two should apply. Two types of potentially problematic measures are discussed, namely multi-purpose measures and measures, which on their face appear to be non-SPS technical regulations, but in fact are adopted due to SPS concerns. With respect to the second category, the article claims that a WTO panel is authorized to determine the 'true' nature of a measure and does not need to rely on the national qualification of that measure. As far as the SPS Agreement and GATT 1994 are concerned, the article attempts to demonstrate that the concept of lex specialis has a rather limited utility. As an alternative, it proposes the cumulative approach to application of the agreement, combined with the rebuttable presumption of GATT 1994 consistency.
Download or read book Comparative Law in Eastern and Central Europe written by Aleksander W. Bauknecht and published by Cambridge Scholars Publishing. This book was released on 2014-07-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of this method point out that only the higher courts’ decisions are subject to comparison, and most cases do not reach this stage. Finally, comparisons of legal theories are praised for enabling us to know the spirit of the laws, yet opponents would argue that many countries sharing the same theory would draw opposite conclusions from it. This book is a result of the attempted (and successful) introduction of comparative law into the region of Eastern and Central Europe. The subject has induced interest beyond expectations. This volume opens with a chapter on the unification of law, both from the perspective of institutional unification by such supra-state organizations, spontaneous and institutionalized unifications between two or more legal systems, and the methods of choosing the right rules in the unification process. Chapters two and three follow the classical division of private and public law, as proposed by the brilliant Roman lawyer Ulpian. Overall, the chapters in this book offer an interesting and engaging commentary on the current topics discussed by academics in Eastern and Central Europe.
Download or read book Trade Policy between Law Diplomacy and Scholarship written by Christoph Herrmann and published by Springer. This book was released on 2015-06-20 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents 22 topical contributions on international trade law and policy, with a particular focus on EU external trade law, addressing countries ranging from Ukraine to Switzerland and the US (TTIP) and aspects from trade and IPRs to anti-dumping. The volume constitutes a state-of-the-art treatment of the many facets of trade policy in the 21st century from legal, diplomatic and academic standpoints. The book is dedicated to the memory of Horst Günter Krenzler, former Director General for External Relations for the European Commission and Chief Negotiator for the European Union in many trade negotiations, honorary professor of European Union law at the University of Munich and an of counsel with Freshfields' Brussels office after retirement from the Commission.
Download or read book Non Discrimination in International Trade in Services written by Nicolas F. Diebold and published by Cambridge University Press. This book was released on 2010-10-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
Download or read book SPS and TBT Agreements written by UNCTAD. and published by . This book was released on 1999 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book written by and published by 中国法制出版社. This book was released on 2005 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本书收录涉及劳动就业、劳动合同、劳动报酬、劳动安全、劳动监察等领域的相关法律、行政法规、部门规章和司法解释。
Download or read book Sps And Tbt Agreements Issues And Perspectives written by P. Satyanarayana Prasad and published by . This book was released on 2009-01-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The General Agreement on Tariffs and Trade (GATT)allowed the countries to adopt some controlling measureson import trade to address the domestic concerns regardinghuman and animal health besides preservation of plants. Itis expected of the states that such protective measures willnot be discriminatory and harmful to other trading nations. The Agreement of Sanitary and Phytosanitary Agreement(SPS Agreement) and the Agreement on Technical Barriersto Trade (TBT Agreement) are the two specific WTO agreements that deal withfood safety and health safety of animals and plants along with the imposition ofproduct standards. In the wake of fierce competition caused by the globalizationof markets, domestic manufacturing base is threatened in many countries asthe imported products offer wide choice and lesser prices to the consumers. Itappears that many states, especially the European Union in response to the localpressures adopts disguised protectionism by imposing barriers in the form ofSPS and TBT standards on imports. This situation has led to several internationaltrade disputes.
Download or read book Behind the Border Policies written by Joseph Francois and published by Cambridge University Press. This book was released on 2019-11-07 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a contemporary overview of key issues related to non-tariff trade policy measures and domestic regulation.
Download or read book Trade and Environment in the EC and the WTO written by Jochem Wiers and published by Europa Law Publishing. This book was released on 2003 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This study describes and compares the rules of the European Community and the World Trade Organization on the liberalization of trade in goods and measures taken by members of these organizations for the protection of the environment." -- back cover.
Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Download or read book Dispute Settlement Reports 2015 Volume 4 Pages 1723 2456 written by World Trade Organization and published by Cambridge University Press. This book was released on 2016-10-27 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 4 reports on United States - Certain Country of Origin Labelling (COOL) Requirements (Recourse to Article 21.5 of the DSU by Canada and Mexico) (WT/DS384, WT/DS386).
Download or read book Non Economic Objectives in WTO Law written by Stefan Zleptnig and published by BRILL. This book was released on 2009-10-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the complex relationship between economic and non-economic objectives in WTO law. It discusses how non-economic objectives can serve as justification for trade-restrictive measures normally prohibited under WTO law.
