Download or read book Trade Health and the Burden of Proof in WTO Law written by Joachim Ahman and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of us do not immediately think of health protection measures as trade barriers. Yet to the trade liberalization interest they are often exactly that--"hidden protectionism" some would say. When the conflict between trade and health hardens into a confrontation, allocation of the burden of proof becomes the critical factor in determining the outcome. And the outcome of such a WTO dispute may affect a very large number of people. This important book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law. It clearly demonstrates and explains the following and more: how burden of proof decisions, following from the burden of proof concept as it has developed in national legal systems and in general international law, may favour or disfavor different interests; the problems that may occur when risk-related facts have to be proved;how the legal facts in the WTO provisions specifically regulating the adoption of health protection measures have been interpreted in case law; and how the burden of proof concept can be used to balance the conflicting interests in ways other than those used so far. No other source offers such a comprehensive analysis of WTO provisions applicable to health protection measures. This book's burden of proof perspective makes it an especially valuable resource for trade law experts, WTO member representatives, and interested NGOs seeking to understand and discuss the balancing of health protection and trade liberalization.
Download or read book Trade Liberalisation Health Protection and the Burden of Proof in WTO Law written by Joachim Åhman and published by . This book was released on 2011 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade and Human Health and Safety written by George A. Bermann and published by Cambridge University Press. This book was released on 2006-01-23 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the standards established for the regulation of public health and safety issues.
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 World Trade Organization written by Mitsuo Matsushita and published by Oxford University Press. This book was released on 2015 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Download or read book Burden of Proof in WTO Dispute Settlement written by James Headen Pfitzer and published by . This book was released on 2009 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Trade and Health Protection written by Tracey Epps and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed and fully referenced text is a valuable resource both for practitioners and academics. Michael Blakeney, International Trade Law and Regulation Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read. Geert Van Calster, Katholieke Universiteit, Leuven, Belgium This book examines and critiques the WTO s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement s science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.
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 WTO written by Merit E. Janow and published by Juris Publishing, Inc.. This book was released on 2008-01-01 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays by world-renowned leaders in the field of international trade examining the operation of the WTO and its dispute settlement system. The experts who have contributed to this book include policymakers, scholars, lawyers and diplomats. Two major areas of inquiry are undertaken. The first half of this volume examines the governance and operation of the WTO and the international trading system. It pays particular attention to issues that affect developing country members of the WTO. The second half of this volume contains a detailed examination of the performance, operation, and challenges of the WTO's dispute settlement system. This book is an outgrowth of a conference held at Columbia University in New York in the spring of 2006. The conference was the last of a series of five regional gatherings held around the world to commemorate the 10th anniversary of the WTO and its dispute settlement system. This volume includes essays that shed further light on some of the themes raised in those discussions, as well as edited transcripts from that conference.
Download or read book Promoting Access to Medical Technologies and Innovation Intersections between Public Health Intellectual Property and Trade written by World Intellectual Property Organization and published by WIPO. This book was released on 2013 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Download or read book Mega Regional Trade Agreements written by Thilo Rensmann and published by Springer. This book was released on 2017-07-20 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
Download or read book China and the WTO written by Petros C. Mavroidis and published by Princeton University Press. This book was released on 2021-01-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.
Download or read book World Trade Organization WTO Dispute Settlement Review Commission Act written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 1995 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations written by United States. Office of the U.S. Trade Representative and published by Office of the United States Trade Representative. This book was released on 1994 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The WTO Dispute Settlement System written by Mavroidis, Petros C. and published by Edward Elgar Publishing. This book was released on 2022-07-15 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
Download or read book Artificial Intelligence and International Economic Law written by Shin-yi Peng and published by Cambridge University Press. This book was released on 2021-10-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
Download or read book The Role of Trade in Ending Poverty written by World Bank Group and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade will have an important role at the global level in generating the growth necessary for reducing extreme poverty to 3 percent and boosting prosperity for the poorest 40 percent by 2030. To identify the most important challenges that exist in maximizing the positive impact of trade on poverty, we need to understand who the poor are, where they are, and what economic activities they undertake. To this end, the study highlights particularly relevant dimensions of poverty: rural poverty in remote areas, informality, fragile and conflict situations, and women. For each of these issues, this study considers the main traderelated barriers and challenges, along with policy responses to address them. It shows the importance of the multilateral trading system and of the Doha Round, as well as the important role of the WBG and WTO in promoting coherence and implementing trade policies in a way that delivers the greatest possible benefits for the poor.
