Download or read book International Trade Agreements Before Domestic Courts written by Maria Angela Jardim de Santa Cruz Oliveira and published by Springer. This book was released on 2015-02-13 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts’ decisions in relation to the WTO agreements, which have “direct effect” in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts’ enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions’ experiences and argues that the traditional academic literature that fosters domestic courts’ enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.
Download or read book International Trade Agreements Before Domestic Courts written by Maria Angela Jardim de Santa Cruz Oliveira and published by . This book was released on 2015 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts' decisions in relation to the WTO agreements, which have "direct effect" in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts' enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions' experiences and argues that the traditional academic literature that fosters domestic courts' enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law. .
Download or read book International Trade Agreements Before Domestic Courts written by Maria Angela Jardim de Santa Cruz Oliveira and published by . This book was released on 2013 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Gatt Wto Dispute Settlement System written by Ernst-Ulrich Petersmann and published by Martinus Nijhoff Publishers. This book was released on 1997-02-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
Download or read book The Great Vanishing written by John F. Coyle and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slowly but surely, international trade agreements have disappeared from U.S. courts. This Essay provides a concise historical account of this disappearance--which it calls the ''Great Vanishing''--and explains how and why it came to pass. It first describes how the Trade Preferences Act of 1979 banned private lawsuits to enforce international trade agreements. It then shows how the Uruguay Round Agreements Act of 1994 further restricted the ability of private parties to enforce these agreements indirectly. Finally, it shows how U.S. courts today refuse to look to international trade agreements--and to decisions rendered by international tribunals construing those agreements--to interpret domestic statutes that implement them. The Great Vanishing is noteworthy, this Essay contends, for two reasons. First, it represents by far the most comprehensive and successful attempt by Congress to banish a particular type of international law from the courts of the United States. Second, the Great Vanishing coincides with an era of greater skepticism when it comes to the private enforcement of public law. Indeed, in many respects it represents the apotheosis of that trend.
Download or read book Trade Law written by Emily C. Barbour and published by DIANE Publishing. This book was released on 2010 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. trade obligations derive from international trade agreements, including the General Agreement on Tariffs and Trade (GATT), the other World Trade Organization (WTO) agreements, and additional bilateral and regional trade agreements, as well as domestic laws intended to implement those agreements or effectuate U.S. trade policy goals. This report provides an overview of both sources of U.S. trade obligations, focusing on a select group of agreements, provisions, and statutes that are most commonly implicated by U.S. trade interests and policy. This report is not intended as a comprehensive review of trade law. It is an introductory overview of the legal framework governing trade-related measures.
Download or read book International Trade Law and the GATT WTO Dispute Settlement System written by Ernst-Ulrich Petersmann and published by . This book was released on 1997-01-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike the UN and EC law, there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice in the recent legal literature. This new book is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA, and examines their interrelationships with the GATT/WTO dispute rules and procedures.
Download or read book Shadow Courts written by Haley Sweetland Edwards and published by . This book was released on 2016 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Haley Sweetland Edwards explains the history of global shadow courts and how these courts have spun out of control, threatening the interests of citizens everywhere including the United States. Her fantastic book is exactly what long-form journalism is meant to do, to move beyond current events and provide historical perspective that aims at future reform. SHADOW COURTS should be at the top of the reading list of all those interested in redesigning trade agreements to be in the publicinterest." -- Jeffrey D. Sachs, University Professor, Columbia University and author ofThe End of Poverty International trade deals have become vastly complex documents, seeking to govern everything from labor rights to environmental protections. This evolution has drawn alarm from American voters, but their suspicions are often vague. In this book, investigative journalist Haley Sweetland Edwards offers a detailed look at one little-known but powerful provision in most modern trade agreements that is designed to protect the financial interests of global corporations against the governments of sovereign states. She makes a devastating case that Investor-State Dispute Settlement -- a "shadow court" that allows corporations to sue a nation outside its own court system -- has tilted the balance of power on the global stage. Acorporation can use ISDS to challenge a nation's policies and regulations, if it believes those laws are unfair or diminish its future profits. From the 1960s to 2000, corporations brought fewer than 40 disputes, but in the last fifteen years, they have brought nearly 650 -- 54 against Argentina alone. Edwards conducted extensive research and interviewed dozens of policymakers, activists, and government officials in Argentina, Canada, Bolivia, Ecuador, the European Union, and in the Obama administration. The result is a major story about a significant shift in the global balance of power.
Download or read book 25 Years of the TRIPS Agreement written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2021-12-17 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.
Download or read book The Role of Federal Courts in U S Customs International Trade Law written by Patrick C. Reed and published by . This book was released on 1997 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides for a clear understanding of the issues, in customs, tariff, antidumping and countervailing duty laws, as well as laws providing for embargoes, quantitative restrictions on imports, and adjustments to import competition. The text begins with the historical evolution of judicial review in import law. The current functioning of the CIT (Court of International Trade) and CAFC (Court of Appeals for the Federal Circuit) are examined in detail, as reflected in the legal doctrines of administrative law involved in the judicial review of government agencies. Topics addressed include jurisdiction, standing, sovereign immunity, exhaustion of administrative remedies, and preclusion of review. It also includes a discussion of the possible changes in the existing institutional framework for customs and international trade litigation, including possible expansions in the jurisdiction of the CIT.
Download or read book International Trade Law written by Raj Bhala and published by Lexis Law Publishing (Va). This book was released on 1996 with total page 1528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Casebook & its accompanying Documents Supplement are designed primarily for use in two types of courses: a basic international trade law course, & a course or seminar on advanced topics in international trade law. In addition, the materials may be used in a course on international business transactions or international economics that focuses on international trade law. Finally, the Casebook & Documents Supplement may be appropriate in international law courses that deal with regulation, commerce, adjudication & dispute resolution, & multilateral organizations. Casebook & Documents Supplement each also available electronically.
Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues
Download or read book EU External Relations Law written by Piet Eeckhout and published by Oxford University Press. This book was released on 2011-05-26 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles and actors of external policies, and on the legal effects of international agreements and international law.
Download or read book U S Courts and International Trade Policy written by Ms. Helen Hyonkyong Lee and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation examines how and to what extent the United States Court of International Trade and the United States Court of Appeals of the Federal Circuit give weight to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization Agreement (WTO) when reviewing agency implementations of U.S. trade remedy laws. The analysis in this dissertation shows that domestic courts in the United States have, over time, decreased their reliance on GATT/WTO law in spite of the more legalized and more powerful dispute settlement system after the Uruguay Round Agreement (1994). I argue that the function of an institution is not enough to understand how a court decides a case and whether or not a court chooses to endorse international agreements to which the United States has committed. A better predictor for the tendency of an institution to promote compliance with international agreements or laws is the origins of the institution--in particular, how it derived its authority to adjudicate particular issues. Because Congress conferred the authority to adjudicate international trade disputes to the Court of International Trade (CIT), that court's treatment of GATT/WTO law reflected Congress's attitude on the matter of compliance with GATT/WTO law. Congress had an interest in enforcing U.S. trade remedy laws against foreign firms, and the CIT inherited such an attitude. This led to the CIT giving less weight to GATT/WTO law when adjudicating disputes with regards to the enforcement of U.S. trade remedy laws. Ultimately, I argue that U.S. courts are unlikely to be the source of compliance with the United States' obligation under the GATT and WTO agreements.
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Download or read book Is Investor State Dispute Settlement ISDS Superior to Litigation Before Domestic Courts An EU View on Bilateral Trade Agreements written by Marco Bronckers and published by . This book was released on 2015 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mechanism of Investor-State Dispute Settlement (ISDS) allows private foreign investors to challenge government measures before an ad hoc international arbitral tribunal. ISDS has been in existence for a long time. Yet recently this mechanism has proven very controversial, notably in the European Union and then the United States, when it became part of the negotiations on a comprehensive free trade agreement (TTIP) between them. According to critics, ISDS unduly limits the policy space of the signatory governments, and suffers from inadequate procedures. Some have argued that foreign investor claims should be dealt with like other private claims, by domestic courts. Others have argued that domestic courts should not become involved at all, and that foreign investor claims should be dealt with exclusively by state-to-state dispute settlement. This debate about ISDS is actually connected to broader discussions in the EU about whether private parties (not just foreign investors) should be permitted to invoke international law before domestic courts. The paper's two main contentions are: First, the limited role domestic courts can play in resolving treaty-based claims is not a fact. This is largely the result of a surreptitious, and unfortunate policy choice of the EU institutions and Member States. Second, even if one assumes that relying on domestic courts could be problematic where treaties are concerned, it makes little sense to allow only foreign investors a better shot at enforcing treaty provisions through some kind of international mechanism. The new generation of bilateral agreements cover multiple subjects, from trade to investment, from environment to labor rights. Accordingly, beyond foreign investors other private stakeholders also have an interest in the correct implementation of these agreements. By denying all these stakeholders the right to rely on treaties the governments are putting a firm brake on the benefits they were hoping to generate. This contradicts the high expectations governments like to raise about the positive impact of the new bilateral trade agreements on economic growth, environmental protection etc.
Download or read book Permanent Investment Courts written by Güneş Ünüvar and published by Springer Nature. This book was released on 2020-09-17 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention.Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions.
