Download or read book The End of Zeroing Reflections Following the WTO Appellate Body s Latest Missive written by Tania Voon and published by . This book was released on 2009 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The latest Appellate Body Report continues the assault through WTO dispute settlement on the practice of 'zeroing' in anti-dumping proceedings. The US - Zeroing (Japan) dispute may put an end to zeroing in most contexts, even in the recalcitrant United States, which continues to decry the Appellate Body's interpretations regarding this issue, with some reason. The zeroing line of cases also reflects a growing tension between negotiation and litigation, and Panels and the Appellate Body.

Download or read book Reflections on Us Zeroing written by Roger Paul Alford and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the underappreciated developments in international trade law is the degree to which the WTO Appellate Body is failing to abide by negotiated procedural norms in reviewing Member State action. This essay highlights systemic problems with Appellate Body decision-making as reflected in the controversial case of US-Zeroing. The problems reflected in USőZeroing go to central issues of judicial restraint, including concerns regarding the standard of review, appellate fact-finding, and justiciable notions of ripeness. This essay concludes that the Appellate Body in US-Zeroing circumvented the particularized standard of review required under the WTO Agreement, took upon itself the unacceptable task of appellate fact-finding, and inappropriately expanded the authority to hear facial challenges of discretionary agency action. In short, the US-Zeroing decision belies the felicitous notion that WTO dispute resolution embraces an approach of judicial restraint. The WTO Agreements require the Appellate Body to defer to reasonable Member State interpretations of WTO treaty obligations in a manner analogous to Chevron deference. As US-Zeroing underscores, the Appellate Body in fact has eschewed anything approaching Chevron deference. The essay suggests that the Appellate Body is overreaching in not adhering to its obligations to defer. The essay also highlights the problem of Appellate Body fact-finding in US-Zeroing. The essay argues that the case is troubling because the WTO agreements require WTO panels to defer to the objective and unbiased factual findings of Member State authorities, and doubly troubling because the Appellate Body's assessment of the facts under the DSU requires deference to the factual findings of the WTO panels. As such, the WTO agreements require double deference to factual findings below. But the Appellate Body in US-Zeroing displayed no such deference. Finally, the essay focuses on the movement away from the mandatory/discretionary doctrine. That doctrine was the essential limitation on facial challenges to Member State action that did not rise to the level of mandatory obligations. As a consequence of the Appellate Body's interpretation in US-Zeroing, facial challenges once reserved for provisions of binding legislation are now available for virtually any general and prospective agency action. Quite literally, the Appellate Body's decision in US-Zeroing suggests that review of discretionary agency action will be more robust and searching when undertaken by an exacting international body in Geneva than by a deferential federal court in New York.

Download or read book How to Avoid a Climate Disaster written by Bill Gates and published by Vintage. This book was released on 2021-02-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 NEW YORK TIMES BEST SELLER • In this urgent, authoritative book, Bill Gates sets out a wide-ranging, practical—and accessible—plan for how the world can get to zero greenhouse gas emissions in time to avoid a climate catastrophe. Bill Gates has spent a decade investigating the causes and effects of climate change. With the help of experts in the fields of physics, chemistry, biology, engineering, political science, and finance, he has focused on what must be done in order to stop the planet's slide to certain environmental disaster. In this book, he not only explains why we need to work toward net-zero emissions of greenhouse gases, but also details what we need to do to achieve this profoundly important goal. He gives us a clear-eyed description of the challenges we face. Drawing on his understanding of innovation and what it takes to get new ideas into the market, he describes the areas in which technology is already helping to reduce emissions, where and how the current technology can be made to function more effectively, where breakthrough technologies are needed, and who is working on these essential innovations. Finally, he lays out a concrete, practical plan for achieving the goal of zero emissions—suggesting not only policies that governments should adopt, but what we as individuals can do to keep our government, our employers, and ourselves accountable in this crucial enterprise. As Bill Gates makes clear, achieving zero emissions will not be simple or easy to do, but if we follow the plan he sets out here, it is a goal firmly within our reach.

Download or read book Reflections on the Constitutionalisation of International Economic Law written by and published by Martinus Nijhoff Publishers. This book was released on 2013-12-09 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann ́s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann ́s academic career and this goal stands also at the heart of this book.

Download or read book International Economic Law and Governance written by Julien Chaisse and published by Oxford University Press. This book was released on 2016 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating the work of Mitsuo Matsuhita, this volume focuses on dispute resolution and the law and politics of the World Trade Organization, offering a critical and scholarly analysis of the current and future state of international economic governance.

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 The Law and Economics of Globalisation written by Linda Y. Yueh and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization. American Society of International Law This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all academics and policy-makers working on global affairs. Alan Winters, University of Sussex, Chief Economist, UK Department for International Development and Former Head of Research, the World Bank This inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and international political economy. The authors shed new light on the legal, economic and institutional issues raised by globalisation, extending into areas previously considered as national issues. They discuss how the development of the norms, institutions and reach of the global system will be influenced by the domestic and international concerns arising from the increasing integration of countries in the new century. With contributions from lawyers, economists and other experts in the field, this book will be welcomed by academics, students, researchers, and policymakers who are interested in a comprehensive volume on economic globalisation. It will also appeal to a wider audience, such as executive education courses, as well as business and law schools.

Download or read book The Law of Treaties Beyond the Vienna Convention written by Mahnoush H. Arsanjani and published by American Chemical Society. This book was released on 2011-02-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Download or read book The Many Paths of Change in International Law written by and published by Oxford University Press. This book was released on 2023-11-16 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Download or read book Amicus Curiae before International Courts and Tribunals written by Astrid Wiik and published by Nomos Verlag. This book was released on 2018-03-19 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.

Download or read book Dispute Settlement Reports 2009 Volume 4 Pages 1617 2094 written by World Trade Organization and published by Cambridge University Press. This book was released on 2011-03-24 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2009.

Download or read book Distributive Justice and World Trade Law written by Oisin Suttle and published by Cambridge University Press. This book was released on 2018 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.

Download or read book Theories and Practices of Compliance with WTO Law written by Yenkong Ngangjoh Hodu and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.

Download or read book The Shifting Landscape of Global Trade Governance written by Manfred Elsig and published by Cambridge University Press. This book was released on 2019-08-08 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Takes stock of current challenges to the world trading system and develops scenarios for the future.

Download or read book Arizona Journal of International and Comparative Law written by and published by . This book was released on 2007 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 312 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 The Oxford Handbook of International Adjudication written by Cesare Romano and published by . This book was released on 2014 with total page 1074 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.