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In this incisive book, Petros C. Mavroidis examines the complex
practice of interpreting the various sources of World Trade
Organization (WTO) law. Written by a leading expert in WTO
scholarship, the book serves as a broad grounding in the legal
theory of the WTO contract and its sources, as well as its
application in practice. Â Delving into the workings of the
Vienna Convention of the Law of Treaties (VCLT) and its use within
the WTO courts, the author provides a critical assessment of the
interpretation of the WTO contract and illuminates the role of WTO
adjudicators and the Secretariat in clarifying obligations.
Mavroidis then explores the uncertainty and distortion that emerge
as a result of the discretion from adjudicators invited by the
VCLT, explaining why this matters and offering steps towards
resolving these issues. Â Providing an expansive analysis of
the interpretation of WTO treaties, this book will be an invaluable
resource for scholars and students in the field of WTO law, as well
as international trade and economic law more broadly. Its
discussion of the possible future of dispute settlement,
particularly its proposal for a re-evaluation of the judicial
selection process, will also prove insightful to practitioners in
this area.
In this incisive book, Petros C. Mavroidis examines the complex
practice of interpreting the various sources of World Trade
Organization (WTO) law. Written by a leading expert in WTO
scholarship, the book serves as a broad grounding in the legal
theory of the WTO contract and its sources, as well as its
application in practice. Delving into the workings of the Vienna
Convention of the Law of Treaties (VCLT) and its use within the WTO
courts, the author provides a critical assessment of the
interpretation of the WTO contract and illuminates the role of WTO
adjudicators and the Secretariat in clarifying obligations.
Mavroidis then explores the uncertainty and distortion that emerge
as a result of the discretion from adjudicators invited by the
VCLT, explaining why this matters and offering steps towards
resolving these issues. Providing an expansive analysis of the
interpretation of WTO treaties, this book will be an invaluable
resource for scholars and students in the field of WTO law, as well
as international trade and economic law more broadly. Its
discussion of the possible future of dispute settlement,
particularly its proposal for a re-evaluation of the judicial
selection process, will also prove insightful to practitioners in
this area.
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. By inquiring into the current set-up of WTO
adjudication system, the book explores to what extent its original
intent has been followed in practice. Its empirical analysis of
decades of data regarding the number, duration, and subject matter
of dispute adjudications, as well as the frequency of implemented
or non-implemented settlements, illuminates the effectiveness of
the system and highlights the issues that have led to the WTO's
present predicament. Petros C. Mavroidis employs these findings to
build a case for the urgent reform of the WTO dispute settlement
system by virtue of its accomplishments. He then concludes with a
proposal for a reinvigorated "Dispute Settlement Understanding
2.0". 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. Its accessible evaluation of the
rationale and practice of key provisions of the adjudication regime
will also be of benefit to practicing attorneys.
In this important book, three of the leading authors in the field
of international economic law discuss the law and economics of the
three most frequently used contingent protection instruments:
anti-dumping, countervailing measures, and safeguards. When
discussing countervailing measures, the authors also discuss legal
challenges against prohibited and/or actionable subsidies. The
authors' choice is mandated by the fact that the effects of a
subsidy cannot always be confined to the market of the WTO Member
wishing to react against it. Assuming there are effects outside its
market, an injured WTO Member can challenge the scheme as such
before a WTO Panel. Taking the three agreements for granted as a
starting point, the book provides comprehensive discussion of both
the original contracts, and the case law that has substantially
contributed to the understanding of these agreements. The
agreements discussed by the authors provide generally worded
disciplines on Members and leave a lot of discretion to the
investigating authorities of such Members. A great number of the
many questions that arise in the course of a domestic trade
remedies investigation are not explicitly addressed in these
agreements. In such a situation, the authors highlight the
important role that the judge has to play. Much like domestic
investigating authorities adopt a line which is either more liberal
or more protectionist in the application of trade remedies, the WTO
adjudicator on numerous occasions was faced with similar policy
problems in applying the general rules to the facts of the case
before them. The authors point out that the adjudicating bodies
have insisted on the unfair character of dumping in order to
substantiate their relatively deferential standard of review. In
the anti-dumping / countervailing duties context, case law has
generally emphasized the limited character of the obligations on
investigating authorities. This implies that domestic investigating
authorities, following the evolution of case law, are now facing a
deferential standard of review when imposing anti-dumping and
countervailing duties. The book offers a contrasting view of the
Agreement on Safeguards, an instrument the use of which, according
to the authors, could, in principle, be defensible: WTO Members
will have extra incentives to make commitments within a flexible
contract. Moreover, safeguards can, in their view, help ease the
pressures from domestic lobbies by facilitating (sometimes
necessary) adjustment costs. However, the case law is described by
the authors as having adopted a rather inflexible stance, the end
result of which is that no imposition of safeguards has survived
the test of consistency with WTO law. They identify the apparent
rationale for the case law as an over-insistence on what they label
the highly uninformative fair/unfair trade distinction. The
economic analysis employed by the authors would suggest that - in
the light of the unsatisfactory nature of anti-dumping measures,
contrasted with the positive incentives inherent in safeguards -
ultimately one could envisage merging the three instruments of
contingent protection into one new safeguards instrument. Equally,
they argue, this economic approach, combined with legal doctrine,
offers great insight into the current provisions, allowing them to
be interpreted in a more coherent and meaningful manner.
An examination of China’s participation in the World Trade
Organization, the conflicts it has caused, and how WTO reforms
could ease them China’s accession to the World Trade Organization
(WTO) in 2001 was rightly hailed as a huge step forward in
international cooperation. However, China’s participation in the
WTO has been anything but smooth, with China alienating some of its
trading partners, particularly the United States. The mismatch
between the WTO framework and China’s economic model has
undermined the WTO’s ability to mitigate tensions arising from
China’s size and rapid growth. What has to change? China and the
WTO demonstrates that unilateral pressure, by the United States and
others, is not the answer. Instead, Petros Mavroidis and André
Sapir show that if the WTO enacts judicious reforms, it could
induce China’s cooperation, leading to a renewed confidence in
the WTO system. The WTO and its predecessor, the General Agreement
on Tariffs and Trade, are predicated on liberal domestic policies.
They managed the previous accessions of socialist countries and big
trading nations, but none were as large or powerful as China.
Mavroidis and Sapir contend that for the WTO to function smoothly
and accommodate China’s unique geopolitical position, it needs to
translate some of its implicit principles into explicit treaty
language. To make their point, they focus on two core
complaints—that Chinese state-owned enterprises (SOEs) benefit
from unfair trade advantages, and that domestic companies, private
as well as SOEs, impose forced technology transfer on foreign
companies as a condition for accessing the Chinese market—and
they lay out specific proposals for WTO reforms. In an age of
global trade disputes, China and the WTO offers a timely
exploration of unprecedented challenges to the current multilateral
system and fresh ideas for lasting solutions.
In this important book, three of the leading authors in the field
of international economic law discuss the law and economics of the
three most frequently used contingent protection instruments:
anti-dumping, countervailing measures, and safeguards. When
discussing countervailing measures, the authors also discuss legal
challenges against prohibited and/or actionable subsidies. The
authors' choice is mandated by the fact that the effects of a
subsidy cannot always be confined to the market of the WTO Member
wishing to react against it. Assuming there are effects outside its
market, an injured WTO Member can challenge the scheme as such
before a WTO Panel. Taking the three agreements for granted as a
starting point, the book provides comprehensive discussion of both
the original contracts, and the case law that has substantially
contributed to the understanding of these agreements. The
agreements discussed by the authors provide generally worded
disciplines on Members and leave a lot of discretion to the
investigating authorities of such Members. A great number of the
many questions that arise in the course of a domestic trade
remedies investigation are not explicitly addressed in these
agreements. In such a situation, the authors highlight the
important role that the judge has to play. Much like domestic
investigating authorities adopt a line which is either more liberal
or more protectionist in the application of trade remedies, the WTO
adjudicator on numerous occasions was faced with similar policy
problems in applying the general rules to the facts of the case
before them. The authors point out that the adjudicating bodies
have insisted on the unfair character of dumping in order to
substantiate their relatively deferential standard of review. In
the anti-dumping / countervailing duties context, case law has
generally emphasized the limited character of the obligations on
investigating authorities. This implies that domestic investigating
authorities, following the evolution of case law, are now facing a
deferential standard of review when imposing anti-dumping and
countervailing duties. The book offers a contrasting view of the
Agreement on Safeguards, an instrument the use of which, according
to the authors, could, in principle, be defensible: WTO Members
will have extra incentives to make commitments within a flexible
contract. Moreover, safeguards can, in their view, help ease the
pressures from domestic lobbies by facilitating (sometimes
necessary) adjustment costs. However, the case law is described by
the authors as having adopted a rather inflexible stance, the end
result of which is that no imposition of safeguards has survived
the test of consistency with WTO law. They identify the apparent
rationale for the case law as an over-insistence on what they label
the highly uninformative fair/unfair trade distinction. The
economic analysis employed by the authors would suggest that - in
the light of the unsatisfactory nature of anti-dumping measures,
contrasted with the positive incentives inherent in safeguards -
ultimately one could envisage merging the three instruments of
contingent protection into one new safeguards instrument. Equally,
they argue, this economic approach, combined with legal doctrine,
offers great insight into the current provisions, allowing them to
be interpreted in a more coherent and meaningful manner.
The World Trade Organization (WTO) is one of the most important
international organizations in existence today. It contains a set
of disciplines that affect the ability of governments to impose
trade restrictions, and has helped to support the steady expansion
of international trade since the 1950s. The WTO has been the focus
of vociferous protests by anti-globalization activists and has
experienced great difficulties in agreeing to new trade rules since
its establishment. At the same time it has become the premier
global forum for the settlement of trade disputes and has proven to
provide a robust framework for international cooperation in the
trade area. This book separates the facts from the propaganda and
provides an accessible overview of the WTO's history, structure and
policies as well as a discussion of the future of the organization.
It also confronts the criticisms of the WTO and assesses their
validity. New to the second edition: discussion of legislative
amendments to the WTO Agreement, in particular Aid for Trade, the
Agreement on Trade Facilitation and the Bali Package evaluation of
case law developments and major disputes since 2007, including
analysis of the WTO and the financial crisis - in particular the
trade policy responses of WTO Members and institutional response
reflection on recent shifts to mega-regional agreements (TPP, TISA,
TTIP) and their implications what next post Bali? Fully updated
throughout, this book continues to be essential reading for
students of international trade, international political economy,
commercial law and international organizations as well as activists
and others interested in a balanced account of a key global
institution.
A detailed examination of the GATT regime for international trade,
discussing the negotiating record, policy background, economic
rationale, and case law. The General Agreement on Tariffs and Trade
(GATT) was created alongside other towering achievements of the
post-World War II era, including the United Nations, the World
Bank, and the International Monetary Fund. GATT, the first
successful agreement to generate multilateral trade liberalization,
became the principal institution to administer international trade
for the next six decades. In this book, Petros Mavoidis offers
detailed examination of the GATT regime for international trade,
discussing the negotiating record, policy background, economic
rationale, and case law. Mavroidis offers a substantive first
chapter that provides a detailed historical background to GATT that
stretches from the 1927 World Economic Conference through Bretton
Woods and the Atlantic Charter. Each of the following chapters
examines the disciplines agreed to, their negotiating record, their
economic rationale, and subsequent practice. Mavroidis focuses on
cases that have influenced the prevailing understanding of the
norm, as well as on literature that has contributed to its
interpretation, and the final outcome. In particular, he examines
quantitative restrictions and tariffs; the most favored nation
clause (MFN), the cornerstone of the GATT edifice; preferential
trade agreements and special treatment for products originating in
developing countries; domestic instruments; and exceptions to the
obligations assumed under GATT. This book's companion volume
examines World Trade Organization (WTO) agreements regulating trade
in goods.
The World Trade Organization (WTO) is one of the most important
international organizations in existence today. It contains a set
of disciplines that affect the ability of governments to impose
trade restrictions, and has helped to support the steady expansion
of international trade since the 1950s. The WTO has been the focus
of vociferous protests by anti-globalization activists and has
experienced great difficulties in agreeing to new trade rules since
its establishment. At the same time it has become the premier
global forum for the settlement of trade disputes and has proven to
provide a robust framework for international cooperation in the
trade area. This book separates the facts from the propaganda and
provides an accessible overview of the WTO's history, structure and
policies as well as a discussion of the future of the organization.
It also confronts the criticisms of the WTO and assesses their
validity. New to the second edition: discussion of legislative
amendments to the WTO Agreement, in particular Aid for Trade, the
Agreement on Trade Facilitation and the Bali Package evaluation of
case law developments and major disputes since 2007, including
analysis of the WTO and the financial crisis - in particular the
trade policy responses of WTO Members and institutional response
reflection on recent shifts to mega-regional agreements (TPP, TISA,
TTIP) and their implications what next post Bali? Fully updated
throughout, this book continues to be essential reading for
students of international trade, international political economy,
commercial law and international organizations as well as activists
and others interested in a balanced account of a key global
institution.
A detailed examination of WTO agreements regulating trade in goods,
discussing legal context, policy background, economic rationale,
and case law. The General Agreement on Tariffs and Trade (GATT) has
extended its institutional arsenal since the Kennedy round in the
early 1960s. The current institutional design is the outcome of the
Uruguay round and agreements reached in the ongoing Doha round
(begun in 2001). One of the institutional outgrowths of GATT is the
World Trade Organization (WT0), created in 1995. In this book,
Petros Mavroidis offers a detailed examination of WTO agreements
regulating trade in goods, discussing legal context, policy
background, economic rationale, and case law. Each chapter examines
a given legal norm and its subsequent practice. In particular, he
discusses agreements dealing with customs clearance; "contingent
protection" instruments, which allow WTO members unilaterally to
add to the negotiated amount of protection when a certain
contingency (for example, dumping) has occurred; TBT (Technical
Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures)
agreements, both of which deal with such domestic instruments as
environmental, health policy, or consumer information; the
agreement on Trade Related Investment Measures (TRIM);
sector-specific agreements on agriculture and textiles;
plurilateral agreements (binding a subset of WTO membership) on
government procurement and civil aviation; and transparency in
trade relations. This book's companion volume examines the GATT
regime for international trade.
The WTO dispute settlement process has evolved in recent years into
one of the most successful, yet complex, systems of international
arbitration. In this extensively revised new edition of Palmeter,
Mavroidis, and Meagher's authoritative book on WTO dispute
settlement, the authors provide a comprehensive overview of each
step of the WTO dispute settlement process, examining both the
history of the system, the governing legal rules, and the more
informal procedural aspects of the process in detail. This edition
takes into account the jurisprudence of panels and the Appellate
Body up to the end of 2020 and includes an analysis of the current
crisis in the WTO Appellate Body. This volume is an essential tool
for practitioners, diplomats, government lawyers, and students of
WTO law and should equally be of interest to students of other
forms of international arbitration.
The WTO dispute settlement process has evolved in recent years into
one of the most successful, yet complex, systems of international
arbitration. In this extensively revised new edition of Palmeter,
Mavroidis, and Meagher's authoritative book on WTO dispute
settlement, the authors provide a comprehensive overview of each
step of the WTO dispute settlement process, examining both the
history of the system, the governing legal rules, and the more
informal procedural aspects of the process in detail. This edition
takes into account the jurisprudence of panels and the Appellate
Body up to the end of 2020 and includes an analysis of the current
crisis in the WTO Appellate Body. This volume is an essential tool
for practitioners, diplomats, government lawyers, and students of
WTO law and should equally be of interest to students of other
forms of international arbitration.
This volume assembles a stellar group of scholars and experts to
examine preferential trade agreements (PTAs), a topic that has time
and again attracted the interest of analysts. It presents a
discussion of the evolving economic analysis regarding PTAs and the
various dysfunctions that continually place them among the priority
items for (re)negotiation by the WTO. The book explores recent
empirical research that casts doubt on the old 'trade diversion'
school and debates why the WTO should deal with PTAs and if PTAs
belong under the mandate of the WTO as we now know it.
The book discusses the regulatory framework of contingent
protection in the World Trade Organization - antidumping,
countervailing duties, and safeguards - as well as an economic
analysis of these instruments. The book's various chapters
illuminate the basic functioning of all three.
This book brings together the 2011 output of the American Law
Institute (ALI) project on World Trade Organization law. Each
chapter focuses on a different dispute from the adjudicating bodies
of the WTO. Each case is jointly evaluated by well-known experts in
trade law and international economics. ALI reporters critically
review the jurisprudence of WTO adjudicating bodies and evaluate
whether the ruling 'makes sense' from an economic as well as a
legal point of view and, if not, whether the problem lies in the
interpretation of the law or the law itself. The studies do not
always cover all issues discussed in a case, but they seek to
discuss both the procedural and the substantive issues that form,
in the reporters' views, the 'core' of the dispute. This paperback
will be an invaluable resource for students, lecturers and
practitioners of international trade law.
The World Trade Organization (WTO) Agreement covers international
commerce in goods and services including measures that directly
affect trade, such as import tariffs and quotas, and almost any
type of internal measure with an impact on trade. Legal and
Economic Principles of World Trade Law contributes to the analysis
of the texts of World Trade Law in law and economics, reporting
work done to identify improvements to the interpretation of the
Agreement. It starts with background studies, the first summarizes
The Genesis of the GATT, which highlights the negotiating history
of the GATT 1947-8; the second introduces the economics of trade
agreements. These are followed by two main studies. The first,
authored by Bagwell, Staiger and Sykes, discusses legal and
economic aspects of the GATT regulation of border policy
instruments, such as import tariffs and import quotas. The second,
written by Grossman, Horn and Mavroidis, focuses on the core
provision for the regulation of domestic policy instruments - the
National Treatment principles in Art. III GATT.
The main aim of this book is to assess the importance of
international rules for foreign direct investment and the major
challenges to international harmonization of those rules.
Particular attention is paid to the most controversial and
contentious issues with the view of appraising the prospects for
establishing global rules. The book is divided into three parts;
the first part includes papers assessing the role of national and
international legislation with further distinction being made
between bilateral, regional and multilateral legal frameworks. The
second part addresses regulatory issues of technology transfer,
labor, environment, subsidies and investment incentives, national
security, public services and sovereign wealth funds. The final
part looks at the experience of some international fora in
addressing these issues and at some theoretical and conceptual
problems of rule harmonization. The papers have been written by
legal and economic scholars from leading universities.
This book, published in 2005, is the second annual report of the
American Law Institute (ALI) project on World Trade Organization
Law. The project undertakes yearly analysis of the case law from
the adjudicating bodies of the WTO. The Reporters' Studies for 2002
cover a wide range of WTO law ranging from classic trade in goods
issues to intellectual property protection. Each case is jointly
evaluated by well-known experts in trade law and international
economics. The reporters critically review the jurisprudence of WTO
adjudicating bodies and evaluate whether the ruling 'makes sense'
from an economic as well as legal point of view, and if not,
whether the problem lies in the interpretation of the law or the
law itself. The studies do not cover all issues discussed in a
case, but they seek to discuss both the procedural and the
substantive issues that form the 'core' of the dispute.
This book is the third annual report of the American Law Institute
(ALI) project on World Trade Organization Law. The project
undertakes yearly analysis of the case law from the adjudicating
bodies of the WTO. The Reporters' Studies for 2003 cover a wide
range of WTO law. Each case is jointly evaluated by well-known
experts in trade law and international economics. The reporters
critically review the jurisprudence of WTO adjudicating bodies and
evaluate whether the ruling 'makes sense' from an economic as well
as legal point of view, and if not, whether the problem lies in the
interpretation of the law or the law itself. The studies do not
cover all issues discussed in a case, but they seek to discuss both
the procedural and the substantive issues that form the 'core' of
the dispute.
This book brings together the 2010 output of the American Law
Institute (ALI) project on World Trade Organization law. Each
chapter focuses on a different dispute from the adjudicating bodies
of the WTO. Each case is jointly evaluated by well-known experts in
trade law and international economics. ALI reporters critically
review the jurisprudence of WTO adjudicating bodies and evaluate
whether the ruling 'makes sense' from an economic as well as a
legal point of view and, if not, whether the problem lies in the
interpretation of the law or the law itself. The studies do not
always cover all issues discussed in a case, but they seek to
discuss both the procedural and the substantive issues that form,
in the reporters' views, the 'core' of the dispute. This paperback
will be an invaluable resource for students, lecturers and
practitioners of international trade law.
Developing countries comprise the majority of the membership of the
World Trade Organization. Many developing countries believe that
the welfare gains that were supposed to ensue from the
establishment of the WTO and the results of the Uruguay Round
remain largely elusive. Though often aggregated under the
ubiquitous banner developing countries, their multilateral trade
objectives -- like their underlying policy interests and the
concerns -- vary considerably from country to country and are by no
means homogenous. Coming off the heels of the 9/11 terrorist
attacks, the ongoing Doha Development Round, launched in that
Middle Eastern city in the fall of 2001 and now on life support so
to speak, was inaugurated with much fanfare as a means of
addressing the difficulties that developing countries face within
the multilateral trading system. Special and differential treatment
provisions in the WTO agreement in particular are the focus of much
discussion in the ongoing round, and voices for change have been
multiplying, due to widespread dissatisfaction with their
effectiveness, enforceability, and implementation.
This book brings together the 2009 output of the American Law
Institute (ALI) project on World Trade Organization Law. Each
chapter focuses on a different dispute from the adjudicating bodies
of the WTO. Each case is jointly evaluated by well known experts in
trade law and international economics. ALI reporters critically
review the jurisprudence of WTO adjudicating bodies and evaluate
whether the ruling 'makes sense' from an economic as well as a
legal point of view, and, if not, whether the problem lies in the
interpretation of the law or the law itself. The studies do not
always cover all issues discussed in a case, but they seek to
discuss both the procedural and the substantive issues that form,
in the reporters' views, the 'core' of the dispute. This paperback
will be an invaluable resource for students, lecturers and
practitioners of international trade law.
This volume assembles a stellar group of scholars and experts to
examine preferential trade agreements (PTAs), a topic that has time
and again attracted the interest of analysts. It presents a
discussion of the evolving economic analysis regarding PTAs and the
various dysfunctions that continually place them among the priority
items for (re)negotiation by the WTO. The book explores recent
empirical research that casts doubt on the old 'trade diversion'
school and debates why the WTO should deal with PTAs and if PTAs
belong under the mandate of the WTO as we now know it.
This book was the first in a groundbreaking series of annual
volumes utilized in the development of an American Law Institute
(ALI) project on World Trade Organization Law. The project
undertakes yearly analysis of the case law from the adjudicating
bodies of the WTO. The Reporters' Studies for 2001 cover a wide
range of WTO law ranging from classic trade in goods issues to
intellectual property protection. Each of the cases is jointly
evaluated by an economist and a lawyer, both well-known experts in
the field of trade law or international economics. The Reporters
critically review the jurisprudence of WTO adjudicating bodies and
attempt to evaluate whether the ruling 'makes sense' from an
economic as well as a legal point of view, and, if not, whether the
problem lies in the interpretation of the law or the law itself.
The Studies do not always cover all issues discussed in a case, but
they seek to discuss both the procedural and the substantive issues
that form the 'core' of the dispute.
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