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Books > Law > International law > Public international law > International economic & trade law
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 practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. Among others, DSR 2007: VII reports on Japan - Countervailing Duties on Dynamic Random Access Memories from Korea.
A Financial Times Best Book of the Year A Fortune Best Book of the Year A ProMarket Best Political Economy Book of the Year An essential guide to the intractable public debates about the virtues and vices of economic globalization, cutting through the complexity to reveal the fault lines that divide us and the points of agreement that might bring us together. Globalization has lifted millions out of poverty. Globalization is a weapon the rich use to exploit the poor. Globalization builds bridges across national boundaries. Globalization fuels the populism and great-power competition that is tearing the world apart. When it comes to the politics of free trade and open borders, the camps are dug in, producing a kaleidoscope of claims and counterclaims, unlikely alliances, and unexpected foes. But what exactly are we fighting about? And how might we approach these issues more productively? Anthea Roberts and Nicolas Lamp cut through the confusion with an indispensable survey of the interests, logics, and ideologies driving these intractable debates, which lie at the heart of so much political dispute and decision making. The authors expertly guide us through six competing narratives about the virtues and vices of globalization: the old establishment view that globalization benefits everyone (win-win), the pessimistic belief that it threatens us all with pandemics and climate change (lose-lose), along with various rival accounts that focus on specific winners and losers, from China to America's Rust Belt. Instead of picking sides, Six Faces of Globalization gives all these positions their due, showing how each deploys sophisticated arguments and compelling evidence. Both globalization's boosters and detractors will come away with their eyes opened. By isolating the fundamental value conflicts-growth versus sustainability, efficiency versus social stability-driving disagreement and showing where rival narratives converge, Roberts and Lamp provide a holistic framework for understanding current debates. In doing so, they showcase a more integrative way of thinking about complex problems.
Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law, and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.
The international institutions that have governed global trade since the end of World War II have lost their effectiveness, and global trade governance is fractured. The need for new institutions is obvious, and yet, few proposals seem to be on offer. The key to understanding the global trading order lies in uncovering the relationship between trade and the State, and how the inner constitution of Statecraft drives the architecture of the global order and requires structural changes as the State traverses successive cycles. The current trade order, focused on the liberalization of trade in goods and services and the management of related issues, is predicated on policies and practices that were the product of a global trading order of the 20th-century modern nation-states. Today, a new form of the State - the post-modern State - is evolving. In this book, the authors propose a new trade norm - the enablement of global economic opportunity - and a new institution - the Trade Council - to overhaul the global trading order.
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 practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2006: XII reports on United States - Final Dumping Determination on Softwood Lumber from Canada, European Communities - Customs Classification of Frozen Boneless Chicken Cuts, Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products and United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services.
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 practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. Volumes IV to VIII report on European Communities - Measures Affecting the Approval and Marketing of Biotech Products.
While the WTO agreements do not regulate the use of biotechnology per se, their rules can have a profound impact on the use of the technology for both commercial and non-commercial purposes. This book seeks to identify the challenges to international trade regulation that arise from biotechnology. The contributions examine whether existing international obligations of WTO Members are appropriate to deal with the issues arising for the use of biotechnology and whether there is a need for new international legal instruments, including a potential WTO Agreement on Biotechnology. They combine various perspectives on and topics relating to genetic engineering and trade, including human rights and gender; intellectual property rights; traditional knowledge and access and benefit sharing; food security, trade and agricultural production and food safety; and medical research, cloning and international trade.
Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
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 practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2005: IV reports on United States - Subsidies on Upland Cotton
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 practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2005: XII reports on United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services.
In many countries, citizens allege that trade policies undermine specific rights such as labor rights, the right to health, or the right to political participation. However, in some countries, policy makers use trade policies to promote human rights. Although scholars, policy makers, and activists have long debated this relationship, in truth we know very little about it. This book enters this murky territory with three goals. First, it aims to provide readers with greater insights into the relationship between human rights and trade. Second, it includes the first study of how South Africa, Brazil, the United States, and the European Union coordinate trade and human rights objectives and resolve conflicts. It also looks at how human rights issues are seeping into the WTO. Finally, it provides suggestions to policy makers for making their trade and human rights policies more coherent.
This book examines the coherent international tax regime that is embodied in both the tax treaty network and in domestic laws, and the way it forms a significant part of international law, both treaty based and customary. The practical implication is that countries are not free to adopt any international tax rules they please, but rather operate in the context of the regime, which changes in the same ways international law changes over time. Thus, unilateral action is possible, but is also restricted, and countries are generally reluctant to take unilateral actions that violate the basic norms that underlie the regime. The book explains the structure of the international tax regime and analyzes in detail how US tax law embodies the underlying norms of the regime.
The Dispute Settlement Reports 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 2016: Volume 3 reports on Colombia - Measures Relating to the Importation of Textiles, Apparel and Footwear (WT/DS461).
Im Zuge der Finanzkrise ist die Europaische Wirtschafts- und Wahrungsunion (WWU) tiefgreifend umgestaltet worden. Die WWU war zuvor stark hinkend: Eine vollendete Wahrungsunion war auf eine nur schwach koordinierte Wirtschaftspolitik gestutzt. Die Finanzkrise hat den Willen gestarkt, entschiedene Schritte in Richtung einer echten Wirtschaftsregierung ("economic governance") zu setzen. Die "neue WWU" weist noch zahlreiche Bruchstellen auf. An anderen Stellen wird weiter gebaut. Insgesamt zeigt die WWU mittlerweile aber einen weit starkeren Integrationsgrad. Den EU-Mitgliedstaaten wird einerseits eine groessere Haushaltsdisziplin abverlangt, andererseits aber auch mehr wechselseitige Solidaritat. In diesem Sammelwerk nehmen namhafte Experten eine Bestandsaufnahme zur WWU vor und verweisen auf die sich abzeichnenden Entwicklungslinien der neuen europaischen Finanzarchitektur. Ausfuhrlich analysiert wird die einschlagige Rechtsprechung von EuGH und BVerfG. Behandelt werden Six-Pack, Fiskalpakt und ESM. Die Analyse erfolgt sowohl aus europarechtlicher, voelkerrechtlicher und verfassungsrechtlicher Perspektive als auch aus wirtschaftswissenschaftlicher und politikwissenschaftlicher Warte.
The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators. This book outlines investment treaty arbitration as a public law system and demonstrates how the system goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts and to award public funds to businesses that sustain loss as a result of government regulation. The analysis also reveals some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. For instance, the system allows public law to be interpreted by arbitrators in private as a matter of course, with limited scope for judicial review. Further, arbitrators can award compensation to investors in ways that go beyond domestic systems of state liability, and these awards may then be enforced in as many as 165 countries, making them more widely enforceable than any other adjudicative decision in public law. The system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge - hitherto neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges.
The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.
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 practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2003: VI reports on the rules of origin for textiles and apparel products (US), anti-dumping duties on malleable cast iron tube or pipe fittings from Brazil (EC), and contains a cumulative index of published disputes.
The ICSID Reports provide the only comprehensive collection of the arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties. These decisions make an important contribution to the growing body of jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration. Volume 9 of the ICSID Reports includes the hitherto unpublished annulment decision in the Amco Asia case, the TV Nova/Czech Republic saga, and the first Canadian appellate court decision on NAFTA Chapter 11 arbitration and the standard of review.
This book is an ideal sourcebook for students and practitioners who are interested in international business transactions and want to gain familiarity with the law and practice of international trade law, policies and ethics. It contains eleven chapters, which deal extensively with the United Nations Convention on Contracts for the International Sale of Goods, The UNIDROIT Principles of International Commercial Contracts, Incoterms 2000, Carriage of Goods by Sea, Land and Air, Letters of Credit law, the World Trade Organization, international intellectual property law, anti-dumping and countervailing laws and international commercial arbitration law. Each chapter examines an important aspect of international trade and business by describing and analyzing the relevant law, policies and ethical issues, posing tutorial problems or providing sample examination questions and lists of references and incorporating extracts from relevant international documents and conventions.
The Oxford Handbook on the World Trade Organization provides an authoritative and cutting-edge account of the World Trade Organization. Its purpose is to provide a holistic understanding of what the WTO does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges. The Handbook benefits from an interdisciplinary approach. The editorial team comprises a transatlantic partnership between a political scientist, a historian, and an economist. The distinguished and international team of contributors to the volume includes leading political scientists, historians, economists, lawyers, and practitioners working in the area of multilateral trade. All the chapters present original and state-of-the-art research material. They critically engage with existing academic and policy debates, and also contribute to the evolution of the field by setting the agenda for current and future WTO studies.The Handbook is aimed at research institutions, university academics, post-graduate students, and final-year undergraduates working in the areas of international organization, trade policy and negotiations, global economic governance, and economic diplomacy. As such, it should find an enthusiastic readership amongst students and scholars in History, Economics, Political Science, International Relations, Public Policy, and Law. Equally important, the book should have direct relevance for diplomats, international bureaucrats, government officials, and other policy-makers and practitioners in the area of trade and economic governance.
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 practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2002: V reports on measures affecting the automotive sector (India), definitive safegard measures on imports of circular welded carbon quality line pipe from Korea (US), and contains a cumulative index of published disputes.
The multilateral trading system and the WTO, its principal institution, are currently in crisis. Now more than ever, it is essential to provide a sound understanding of WTO rules and procedures, and their contribution to a secure and predictable framework for trading relations between nations. This book provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO, written in a concise and highly reader-friendly manner. It provides a clear and systematic discussion of key issues of WTO law, and incorporates important case law and current debates. It includes useful pedagogical features such as illustrative examples of the application of the legal framework to practical situations to facilitate understanding, as well as lists of further reading. Co-written by a leading authority in the field, it forms essential reading for anyone who wants to get to grips with this fascinating and challenging field of law.
This book considers some of the fundamental issues concerning the legal framework that has been established to support a single EU securities market. It focuses particularly on how the emerging legal framework will affect issuers' access to the primary and secondary market. The Financial Services Action Plan (FSAP, 1999) was an attempt to equip the community better to meet the challenges of monetary union and to capitalise on the potential benefits of a single market in financial services. It led to extensive change in securities market regulation: new laws; new law making processes, and more attention to the mechanisms for the supervision of securities market activity and legal enforcement. With the FSAP nearing completion, it is a good time to take stock of what has been achieved, and to identify the challenges that lie ahead.
A detailed analysis of the history of maritime transport services in the Uruguay and post-Uruguay Round negotiations and the role of the sector in the ongoing Doha Round talks. The reader will be confronted with an extensive overview of the role of maritime transport services in the WTO/GATS framework, a topic basically uncovered in the literature so far. |
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