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This comparison of EU and WTO approaches to common
trade-liberalisation challenges brings together eighteen authors
from Europe and America. Together they explore fundamental legal
issues, such as the role of general principles of law, the role of
the judiciary in the development of law, the effect of the
principle of non-discrimination and the elimination of
non-discriminatory barriers to trade. The contributions also
examine the most recent developments in trade law across a full
range of trade issues, including TBT and SPS, services,
intellectual property, customs rules, safeguards, anti-dumping and
government procurement. Adopting a comparative perspective
throughout, this volume sheds light on today's trade law and
suggests paths forward for each system through the perennial
tensions between open, non-discriminatory trade and strongly held
national values and objectives.
This comparison of EU and WTO approaches to common
trade-liberalisation challenges brings together eighteen authors
from Europe and America. Together they explore fundamental legal
issues, such as the role of general principles of law, the role of
the judiciary in the development of law, the effect of the
principle of non-discrimination and the elimination of
non-discriminatory barriers to trade. The contributions also
examine the most recent developments in trade law across a full
range of trade issues, including TBT and SPS, services,
intellectual property, customs rules, safeguards, anti-dumping and
government procurement. Adopting a comparative perspective
throughout, this volume sheds light on today's trade law and
suggests paths forward for each system through the perennial
tensions between open, non-discriminatory trade and strongly held
national values and objectives.
The European Union (EU) and the World Trade Organization (WTO)
share the distinction of having proven themselves as the two most
successful large-scale international trade regulation regimes. This
very useful book analyses the core legal concepts and rules that
characterise the regulation of trade in the WTO. At the heart of
the analysis is a comparison of WTO rules with parallel rules in
the EU trade system, revealing how similar trade issues are dealt
with in the two systems - a perspective that not only sheds light
on how WTO law and EU law interact, but also greatly facilitates an
understanding of the special features of WTO law for readers who
are more familiar with EU law. Within this framework, the authors
explore such key trade issues as the following:; dispute
settlement;; implementation of judicial decisions and enforcement;;
principles of non-discrimination;; trade in goods;;
non-discriminatory restrictions as barriers to trade;; exceptions
from trade-liberalisation obligations;; trade and environmental
protection;; trade in agricultural products;; conditions for
applying safeguard and anti-dumping measures;; prohibited and
actionable subsidies;; regulation of services;; protection of
intellectual property rights;; regional trade agreements;; special
and differential treatments;; government procurement;; competition
policy; and; regulation of investment. As a timely and accessible
analysis of the WTO and its interaction with the EU, this book is
sure to be welcomed by international trade professionals,
government officials, and interested academics, students, and
researchers.
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