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This work examines trade and development from the point of view of
developing countries, it provides a rare opportunity to understand
- and benefit from - the perspectives of the developing world.
Developing nations comprise two-thirds of the membership of the
World Trade Organization (WTO) so a work produced by an array of
experts from those countries provides an important window on the
intersection of trade and development.
This timely and useful resource will examine each of the following
topics:
Part I. The WTO, Multilateral and Regional Frameworks for Trade. 1.
Development and the World Trade Organization: Proposal for the
Agreement on Development Facilitation and the Council for Trade and
Development in the WTO, Yong-Shik Lee. 2. A Reflection on the
South-South Coalition in the Last Half Century from the Perspective
of International Economic Law-making, An Chen. 3. The WTO,
Democracy, and Development: A View from the South Bhupinder Chimni.
4. Liberalization of Trade in Services and Trade Negotiations,
Alejandro Jara and M del. Carmen Dominguez. 5. One Year Since the
WTO Hong Kong Ministerial Conference: Developing Countries Re-claim
the Development Content of the WTO Doha Round, Faizel Ismail. 6.
Trade Diplomacy and Development Clubs: The Interaction in the
Americas, Diana Tussie. Part II Trade and Development: Cases of
Seven Developing Countries. 7. Export Promotion and Economic
Development: Korea's Experience, Jai S. Mah and Jae-hee Kang. 8.
The Evolution of China's International Trade Policy: Development
Through Protection and Liberalization, Jiangyu Wang. 9.
Liberalizing Border Trade: Implications for Domestic Agricultural
Markets in India, Rajesh Chadha, DevenderPratap, and Anjali Tandon.
10. Legal Reforms and International Economic Development: Iran's
Economic Development from a Global Perspective, Ali Z. Marossi. 11.
EU Maritime Rules and Transport Sector Policy Reform in Turkey,
Subidey Togan. 12. Trade Liberalization for the Second Largest
Country in Europe: Going East, West, Or Can It Be Both?. Oleg
Riabokon. 13. How Far Can LDCs Benefit from Duty Free and Quota
Free Market Access?: The Case of Uganda, Francis Mangeni.
Among restrictions on imports, safeguard measures are particularly
controversial in that they are invoked in the absence of any unfair
trade practice. Safeguards interfere substantially with the normal
stream of trade, and their improper application undermines the
objectives of the WTO. Recent WTO cases have brought the attention
of trade lawyers to the absence of comprehensive materials on this
complex subject, and highlighted the need for a reliable guide to
the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's
foremost authority on safeguard measures, has provided such a
guide, here updated in its second edition. Readers may expect from
this book comprehensive coverage on safeguards to date with legal
analysis of the important issues in the interpretation and
application of the current rules on safeguards. The author also
proposes modifications to enhance and clarify the discipline of
safeguards. The crucial issues raised include the following:
economic and political justifications of safeguards; applicability
of GATT Article XIX; interpretation and application of the
Agreement on Safeguards, including nondiscriminatory application of
safeguards and justification of safeguards-in-response;
transitional product-specific safeguard measures against China;
and, emergency safeguards to trade in services. The focus of the
book is on the WTO Agreement on Safeguards, as interpreted by WTO
Panel and Appellate Body reports in key cases, including Korea'
Dairy Products, Argentina's Footwear, United States' Wheat Glutten,
United States' Lamb Meat, Chile's Price Band System, United States'
Line Pipe and United States' Steel Products. Dr. Lee summarizes the
various key findings and provides lucid and well-balanced analysis
of these reports. "Safeguard Measures in World Trade" comes at a
time when safeguard measures continue to mount in various parts of
the world and a possible domino effect can destabilize the
international trading system. It will be of inestimable value to
government officials, trade lawyers, international business people,
and academics in trade law and related fields.
The book examines the theory and practice of law and development.
It introduces the General Theory of Law and Development, an
innovative approach which explains the mechanisms by which law
impacts development. This book analyzes the process of economic
development in South Korea, South Africa, and the United States
from legal and institutional perspectives. The book also explains
why the concept of "development" is not only relevant to developing
countries but to developed economies as well. The new edition
includes five new chapters addressing the relationships between law
and economic development in several key areas, including property
rights, political governance, business transactions, state
industrial promotion, and international trade and development.
Economic development is the most important agenda in the
international trading system today, as demonstrated by the Doha
Development Agenda (DDA) adopted in the current multilateral trade
negotiations of the World Trade Organization (the Doha Round). This
book provides a relevant discussion of major international trade
law issues from the perspective of development in the following
areas: general issues on international trade law and economic
development; and specific law and development issues in World Trade
Organization, Free Trade Agreement, and regional initiatives.
Although there are publications on trade and development issues,
mostly discussing developing countries, few publications deal with
law and development issues of international trade law
comprehensively in its key areas. This book offers an unparalleled
breadth of coverage on the topic and diversity of authorship, as
seventeen leading scholars contribute chapters from nine major
developed and developing countries, including the United States,
Canada, Japan, China (including Hong Kong), South Korea, Australia,
Singapore, and Israel.
Safeguard Measures in World Trade tackles the controversial issue
of restrictions on imports. Professor Yong-Shik Lee skillfully
argues that Safeguards interfere substantially with the normal
stream of trade, and their improper application undermines the
objectives of the World Trade Organization (WTO).Offering detailed
and extensive legal coverage of safeguard measures in world trade,
this timely third edition scrutinizes this instrument and its
application, with reference to important WTO dispute-settlement
cases. In addition to a thorough examination of the WTO Agreement
on Safeguards, Professor Lee provides insightful interpretation of
the national rules on safeguards and on safeguard provisions within
regional trade agreements. Further analysis of the transitional
product-specific measures against China and emergency safeguards to
trade in services serve to enrich the coverage. The book concludes
with unique proposals for extensive regulatory reform. Scholars,
practitioners, national policy makers, negotiators and
international organizations in the field of international economic
and trade law will find much of interest in this unique and
authoritative study. Contents: Preface Part I: Development of
International Rules on Safeguards 1. Politics and Economics of
Safeguard Measures 2. GATT Article XIX and Negotiations of the
Agreement on Safeguards Part II: Agreement on Safeguards 3. Article
XIX and Agreement on Safeguards 4. Article 2 - General Conditions
5. Article 4 - Injury and Causation 6. Procedural Requirements 7.
Application of Safeguard Measures 8. Compensation and Retaliation
9. Remaining Issues Part III: Other Safeguard Provisions 10.
Discussions on Safeguard Measures in the Service Trade: GATS
Article X 11. Other Emergency Import Restrictions in the WTO 12.
National/Regional Rules on Safeguards 13. Regional Trade Agreements
and Safeguard Measures Part IV: Safeguard Regime: Present and
Future 14. Lessons to Remember: US Steel Safeguard Case 15. Future
Perspective and Conclusion Appendix 1. Statistics on Safeguard
Measures Appendix 2. Text of GATT Article XIX Appendix 3. Text of
the Agreement on Safeguards Appendix 4. Proposed Modification of
the Agreement on Safeguards Appendix 5. Proposed Text of the Rules
on Emergency Safeguard Measures Appendix 6. Application of
Safeguards - The Checklist Bibliography Index
The book examines the theory and practice of law and development.
It introduces the General Theory of Law and Development, an
innovative approach which explains the mechanisms by which law
impacts development. This book analyzes the process of economic
development in South Korea, South Africa, and the United States
from legal and institutional perspectives. The book also explains
why the concept of "development" is not only relevant to developing
countries but to developed economies as well. The new edition
includes five new chapters addressing the relationships between law
and economic development in several key areas, including property
rights, political governance, business transactions, state
industrial promotion, and international trade and development.
Providing extensive coverage of international trade law from an
economic development perspective, this second edition of Reclaiming
Development in the World Trading System offers discussion of key
principles of international trade law, trade measures, trade and
development issues, and regulatory reform. Including such topics as
the most-favored-nation principle, national treatment, and tariff
binding, Lee also offers insightful analysis into new areas
pertaining to agriculture and textile, trade-related investment,
intellectual property rights, and trade in services. Looking at
trade and development issues in Asia, Africa, and Latin America, as
well as microtrade, an innovative international trade system
designed to relieve the absolute poverty of least-developed
countries, this book is essential reading that gives context to
development interests and advances specific regulatory and
institutional reform proposals. Lee lends insight into these topics
with case analysis exemplifying how our trading systems have been
adopted by the developing world in order to foster their own
economic development.
With contributions from well-regarded scholars of international
economic law, this book sets out the case for an innovative
solution to extreme poverty which utilizes international trade and
its legal framework to relieve populations of the poorest countries
around the world of extreme poverty. "Microtrade" is international
trade on a small scale, based primarily on manually produced
products using small amounts of capital and low levels of
technology available at a local level in lesser developed
countries. This book explores the theory, application, and legal
framework for microtrade. In the first part of the book the
architect of the microtrade theory, Yong-Shik Lee, offers a
theoretical framework for microtrade including its basic elements,
product demand and operational issues, legal issues, and the global
management and facilitation of microtrade. The book then goes on to
look at issues including the structure and financing of microtrade,
e-commerce, government procurement, and the fair trade movement's
possible relationship with microtrade. . The final part of the book
considers empirical case studies of microtrade with agricultural
products. The book shows how microtrade, if effectively
administered on a global scale, can do much to end extreme poverty.
With contributions from well-regarded scholars of international
economic law, this book sets out the case for an innovative
solution to extreme poverty which utilizes international trade and
its legal framework to relieve populations of the poorest countries
around the world of extreme poverty. "Microtrade" is international
trade on a small scale, based primarily on manually produced
products using small amounts of capital and low levels of
technology available at a local level in lesser developed
countries. This book explores the theory, application, and legal
framework for microtrade. In the first part of the book the
architect of the microtrade theory, Yong-Shik Lee, offers a
theoretical framework for microtrade including its basic elements,
product demand and operational issues, legal issues, and the global
management and facilitation of microtrade. The book then goes on to
look at issues including the structure and financing of microtrade,
e-commerce, government procurement, and the fair trade movement's
possible relationship with microtrade. . The final part of the book
considers empirical case studies of microtrade with agricultural
products. The book shows how microtrade, if effectively
administered on a global scale, can do much to end extreme poverty.
Providing extensive coverage of international trade law from an
economic development perspective, this second edition of Reclaiming
Development in the World Trading System offers discussion of key
principles of international trade law, trade measures, trade and
development issues, and regulatory reform. Including such topics as
the most-favored-nation principle, national treatment, and tariff
binding, Lee also offers insightful analysis into new areas
pertaining to agriculture and textile, trade-related investment,
intellectual property rights, and trade in services. Looking at
trade and development issues in Asia, Africa, and Latin America, as
well as microtrade, an innovative international trade system
designed to relieve the absolute poverty of least-developed
countries, this book is essential reading that gives context to
development interests and advances specific regulatory and
institutional reform proposals. Lee lends insight into these topics
with case analysis exemplifying how our trading systems have been
adopted by the developing world in order to foster their own
economic development.
Economic development is the most important agenda in the
international trading system today, as demonstrated by the Doha
Development Agenda (DDA) adopted in the current multilateral trade
negotiations of the World Trade Organization (the Doha Round). This
book provides a relevant discussion of major international trade
law issues from the perspective of development in the following
areas: general issues on international trade law and economic
development; and specific law and development issues in World Trade
Organization, Free Trade Agreement and regional initiatives. This
book offers an unparalleled breadth of coverage on the topic and
diversity of authorship, as seventeen leading scholars contribute
chapters from nine major developed and developing countries,
including the United States, Canada, Japan, China (including Hong
Kong), South Korea, Australia, Singapore and Israel.
Among restrictions on imports, safeguard measures are particularly
controversial in that they are invoked in the absence of any unfair
trade practice. Safeguards interfere substantially with the normal
stream of trade, and their improper application undermines the
objectives of the WTO. Recent WTO cases have brought the attention
of trade lawyers to the absence of comprehensive materials on this
complex subject, and highlighted the need for a reliable guide to
the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world s
foremost authority on safeguard measures, has provided such a
guide, here updated in its second edition.Readers may expect from
this book comprehensive coverage on safeguards to date with legal
analysis of the important issues in the interpretation and
application of the current rules on safeguards. The author also
proposes modifications to enhance and clarify the discipline of
safeguards. The crucial issues raised include the following:
economic and political justifications of safeguards; applicability
of GATT Article XIX; interpretation and application of the
Agreement on Safeguards, including non-discriminatory application
of safeguards and justification of safeguards-in-response;
transitional product-specific safeguard measures against China; and
emergency safeguards to trade in services.The focus of the book is
on the WTO Agreement on Safeguards, as interpreted by WTO Panel and
Appellate Body reports in key cases, including Korea Dairy
Products, Argentina Footwear, United States Wheat Gluten, United
States Lamb Meat, Chile Price Band System, United States Line Pipe
and United States Steel Products. Dr. Lee summarizes the various
key findings and provides lucid and well-balanced analysis of these
reports. Other WTO rules considered include GATT Articles XIX, XII,
and XVIII; the Understanding on Balance of Payments of the GATT
1994; the Agreement on Agriculture; the Agreement on Textile and
Clothing; Article XII of the General Agreement on Trade in Services
(GATS); and the Protocol on the Accession of the People s Republic
of China." Safeguard Measures in World Trade" comes at a time when
safeguard measures continue to mount in various parts of the world
and a possible domino effect can destabilize the international
trading system. It will be of inestimable value to government
officials, trade lawyers, international business people, and
academics in trade law and related fields.
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