Download or read book The Standard of Review in WTO Dispute Settlement written by Ross Becroft and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' David A. Gantz, The University of Arizona, US 'Ross Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement.' Bryan Mercurio, The Chinese University of Hong Kong 'This is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future.' Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-General This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.

Download or read book The State Strikes Back written by Nicholas R. Lardy and published by Peterson Institute for International Economics. This book was released on 2019-01-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's extraordinarily rapid economic growth since 1978, driven by market-oriented reforms, has set world records and continued unabated, despite predictions of an inevitable slowdown. In The State Strikes Back: The End of Economic Reform in China?, renowned China scholar Nicholas R. Lardy argues that China's future growth prospects could be equally bright but are shadowed by the specter of resurgent state dominance, which has begun to diminish the vital role of the market and private firms in China's economy. Lardy's book arrives in timely fashion as a sequel to his pathbreaking Markets over Mao: The Rise of Private Business in China, published by PIIE in 2014. This book mobilizes new data to trace how President Xi Jinping has consistently championed state-owned or controlled enterprises, encouraging local political leaders and financial institutions to prop up ailing, underperforming companies that are a drag on China's potential. As with his previous book, Lardy's perspective departs from conventional wisdom, especially in its contention that China could achieve a high growth rate for the next two decades—if it reverses course and returns to the path of market-oriented reforms.

Download or read book Values in Global Administrative Law written by Gordon Anthony and published by Bloomsbury Publishing. This book was released on 2011-02-14 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Administrative Law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. The present collection brings together some of the leading scholars working in the field of global administrative law to address past and future challenges related to global governance. Each of the contributions picks up on the more general theme of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest to public lawyers, social and political scientists and scholars of international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance.

Download or read book Deference to the Legislature in WTO Challenges to Legislation written by Daniel Lovric and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This completely revised and up to date Fourth Edition of this well received work offers in one volume a comprehensive review of United States copyright, patent, and trademark laws. The material has been completely updated and includes detailed discussion of the 2011 America Invents Act, as well as other pertinent developments in U.S. law It provides thorough and sophisticated treatment of this complex material in a form both less cumbersome than a treatise and considerably deeper and more sophisticated than a study outline or "nutshell." With its detailed citations, and readily accessible and complete subject coverage, this book will be a useful quick reference or deskbook for intellectual property practitioners, students, law professors, and librarians, as well as for anyone interested in understanding American intellectual property law

Download or read book The WTO Dispute Settlement System written by Kati Kulovesi and published by Kluwer Law International B.V.. This book was released on 2011-09-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following: challenges posed to the WTO by so-called "linkage" issues, such as environmental protection, labour, and investment; to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.

Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

Download or read book Evidence Proof and Fact Finding in WTO Dispute Settlement written by Michelle T. Grando and published by Oxford University Press. This book was released on 2009-12-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.

Download or read book The Standard of Review Strikes Back written by Ross Becroft and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article contains a brief analysis of how the WTO Appellate Body identified and applied a standard of review in the recent US-Korea DRAMS Appeal and its implications for this aspect of WTO jurisprudence in the future. Section I discusses the formulation of the objective assessment test and its development through subsequent cases. Section II sets out the background to the US-Korea DRAMS decision and summarizes the reasoning of the Appellate Body in determining that the panel had not complied with its obligations under Article 11 of the Dispute Settlement Understanding. Section III discusses the implications of this decision for panels and parties. It is suggested that this decision evidences the significant development of the standard of review under the WTO dispute-settlement system. However, it is suggested that the standard is becoming more complex in nature, and it may be increasingly difficult for panels to comply with Article 11 without a clear restatement of applicable principles by the Appellate Body.

Download or read book Darth Paper Strikes Back Origami Yoda 2 written by Tom Angleberger and published by Abrams. This book was released on 2012-08-07 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hilarious, clever, and much-anticipated follow-up to the breakout hit, The Strange Case of Origami Yoda! It is a dark time at Ralph McQuarrie Middle School. After suffering several Origami Yoda–related humiliations, Harvey manages to get Dwight suspended from school for being a “troublemaker.” Origami Yoda pleads with Tommy and Kellen to save Dwight by making a new case file—one that will show how Dwight’s presence benefits McQuarrie. With the help of their friends, Tommy and Kellen record cases such as “Origami Yoda and the Pre-eaten Wiener,” “Origami Yoda and the Exploding Pizza Bagels,” and “Origami Yoda and Wonderland: The Musical.” But Harvey and his Darth Paper puppet have a secret plan that could make Dwight’s suspension permanent . . . This is the second case file in the blockbuster bestselling Origami Yoda series, written by Tom Angleberger, author of Star Wars: Return of the Jedi: Beware the Power of the Dark Side, showcasing his proven knack for authentically capturing the intrigues, fads, and dramas of middle school in “a satisfying tale of friendship and just resistance to authority” (Kirkus Reviews, starred review). Praise for Darth Paper Strikes Back STARRED REIVEW“Angleberger’s just-as-funny follow-up to The Strange Case of Origami Yoda delves deeper into the mystery of the helpful paper Yoda in a satisfying tale of friendship and just resistance to authority.Pitch-perfect middle-school milieu and enough Star Wars references (and laughs) to satisfy fans and win new ones.”—Kirkus Reviews, starred review “In this imaginative sequel…author Tom Angleberger has his finger puppet squarely on the erratic pulse of middle-school life, with its shifting allegiances, squeals, moans and misgivings.”—Washington Post “As with this story’s predecessor, the well-observed middle-school dynamics (and Angleberger’s sharp sense of humor) are greatly amplified by the book's design, which includes faux wrinkled pages, abundant doodles, and other scrawled marginalia. It's a natural step up from the Wimpy Kid series, with more text and narrative complexity, but just as much on-target humor and all-around fun.” —Publishers Weekly “This book is honest, funny, and immensely entertaining. The illustrations and design will engage readers. Based on the positive reception Origami Yoda has received, kids will be clamoring for this sequel. They won’t be disappointed.” —School Library Journal “The Force is with Tom Angleberger in this sequel to his funny and clever novel/comics hybrid, The Strange Case of Origami Yoda. A sequel to equal the funny and clever novel/comics debut of the Origami Yoda, as Dwight’s friends try to save him from reform school.—Shelf Awareness “With the same deft touch that made The Strange Case of Origami Yoda a pleasure, Angleberger takes readers through the ups and downs of adolescence.” —Portland Book Review “Darth Paper offers further proof that Angleberger really understands middle-schoolers and the daily dramas that engulf them, while still finding the humor inherent in their situations.—Scripps News

Download or read book Environmental Policy Non Product Related Process and Production Methods and the Law of the World Trade Organization written by Amber Rose Maggio and published by Springer. This book was released on 2017-10-06 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states’ attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.

Download or read book The WTO Law of Subsidies written by Marc Benitah and published by Kluwer Law International B.V.. This book was released on 2019-05-23 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.

Download or read book The Fair and Equitable Treatment Standard in the International Law of Foreign Investment written by Ioana Tudor and published by OUP Oxford. This book was released on 2008-03-13 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation.

Download or read book Strike Back written by Chris Ryan and published by Random House. This book was released on 2010-02-23 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fans of Andy McNab, Lee Child, Clive Cussler and Stephen Leather will love this pulse-pounding action thriller from multi-million copy bestseller Chris Ryan. Guaranteed to keep you awake until the early hours! 'Hard as nails' -- Mirror 'Hard to put down...There's plenty of action, loads of claret, emotional and physical kickings a-plenty. It's a rock-solid story which is soundly told by Ryan -- Daily Sport 'Explosive plot...gritted teeth adrenaline' -- Financial Times 'A great piece of work, can't recommend it enough. Definitely hit the spot' -- ***** Reader review 'Could not put this book down, gripping right through to the last page' -- ***** Reader review 'An unstoppable read' -- ***** Reader review 'Got to be the best book I have read' -- ***** Reader review 'Loved it from start to finish. Great read - I could hardly put it down' -- ***** Reader review ******************************************************************** THREE MEN DEAD. ONE LIFE DESTROYED - THE STRIKE BACK BEGINS... John Porter was involved in a disastrous hostage extraction in Lebanon in 1989. Torn by guilt over the deaths, and struggling to come to terms with the past, John is an alcoholic rough sleeper. Colonel Peregrine Collinson was involved in the same raid. He was awarded a Military Cross and is heralded as a hero. After the raid, their lives couldn't have been further apart. Until now. A hostage crisis in the Middle East draws them back together for the first time in decades, but both men have secrets they've kept all this time - which might be dragged into the light...

Download or read book The Critics Canon written by Richard Hudson Palmer and published by Bloomsbury Publishing USA. This book was released on 1988-10-19 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Palmer clearly states that his purpose is to explain 1the ways of critics to theatre practitioners, the ways of theatre to inexperienced reviewers, and the dynamic convergence of theatre and critic to anyone interested in theatre.' . . . The work is a well-written `primer' for writers and it will be useful primarily to performers who object to unfavorable `criticsm' without understanding the nature and purpose of reviewing. Accessible to general readers and undergraduates. Choice Palmer begins with an examination of the theatrical review as a medium for informing and entertaining theatregoers, documenting events of artistic of community importance, and supporting theatre through critical evaluation and publicity. He next comments on how journalistic pressures affect reviewers. Citing brief examples from hundreds of reviews, the author devotes a chapter to each of the elements that needs to be covered in a review, including performers, script, direction, music, and choreography, together with stage and lighting design and other physical aspects of the production. The final chapter develops criteria for assessing the strengths and weaknesses of a theatrical review, based on aesthetic standards, the cultural tastes of theatregoers, and the interests of the community. Palmer's experience as both a theatre professional and a journalist gives him an intimate understanding of the antagonism that often develops between reviewers and those who feel themselves to be the target of irresponsible criticism. His book provides a clear perspective on theatrical matters and guidelines that will help to improve standards of reviewing and create an appreciation of the essential relationship between the theatre and its critics.

Download or read book The Secret of the Fortune Wookiee Origami Yoda 3 written by Tom Angleberger and published by Abrams. This book was released on 2012-08-07 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Secret of the Fortune Wookieeis the third case file of the New York Times bestselling Origami Yoda series from Tom Angleberger! Is it possible to have a case file without Origami Yoda? With Dwight suspended, McQuarrie Middle School is missing its most famous attendee: Origami Yoda. And no Yoda means no case file mystery to solve. But then something BIG happens. Something BIG and HAIRY. It’s a Fortune Wookiee, a paper fortune teller in the form of Chewbacca. Sara brings it to school as a gift from Dwight, and it seems to give advice that’s just as good as Yoda’s. Mysterious, it is! Tommy, Kellen, and Harvey are on the case. And when their classmates start having strange “Dwight sightings” (sightings of Dwight in which he is acting WAY too normal), the boys have TWO mysteries to solve. The closer they get, the more possible it seems that Origami Yoda will be back . . . “A chorus of spot-on middle-school voices and plenty of laughs are wrapped around this tale of friendship and seasoned with Star Wars references.” —Kirkus Reviews (Starred Review) Includes Black-and-White Illustrations and Instructions for folding your own origami Chewbacca. The Origami Yoda series The Strange Case of Origami Yoda Darth Paper Strikes Back The Secret of the Fortune Wookiee The Surprise Attack of Jabba the Puppett Princess Labelmaker to the Rescue! Emperor Pickletine Rides the Bus Art2-D2’s Guide to Folding and Doodling: An Origami Yoda Activity Book

Download or read book Prendre la Mesure Du Droit International written by Canadian Council on International Law. Conference and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian Council on International law was founded in 1972 by a group of Canada's leading and most distinguished scholars and practitioners in international law. The Council supports the development and exchange of ideas amongst a community of persons interested in international law with particular focus on the Canadian perspective on international matters. To this end, one of the major activities of the Council is to hold an annual conference. This years conference proceedings comprise a collection of essays written by leading academics and practitioners on the theme of the effectiveness of international law. A wide range of subject areas are addressed, including international trade law, intervention, private international law, international human rights law, compliance methodology, women and international law, international criminal law, international environmental law, and terrorism. This work will be of value to international lawyers in both the public and private sphere, legal scholars, and those interested in international relations.

Download or read book Investor State Arbitration written by Christopher Dugan and published by Oxford University Press, USA. This book was released on 2008 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.