Developing Countries In The Wto Legal System

Developing Countries in the WTO Legal System

2009 Law

Author: Chantal Thomas,Joel P. Trachtman

Publisher: Oxford University Press

ISBN: 0195383613

Category: Law

Page: 523

With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.

Dispute Settlement at the WTO

2010-11-18 Law

The Developing Country Experience

Author: Gregory C. Shaffer,Ricardo Meléndez-Ortiz

Publisher: Cambridge University Press

ISBN: 9781139493284

Category: Law

Page: N.A

This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.

Developing Countries in the GATT Legal System

2010-11-15 Law

Author: Robert E. Hudec

Publisher: Cambridge University Press

ISBN: 1139495534

Category: Law

Page: N.A

In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.

Regional trade agreements and the WTO legal system

2006 Business & Economics

Author: Lorand Bartels,Federico Ortino

Publisher: Oxford University Press, USA

ISBN: 9780199207008

Category: Business & Economics

Page: 604

The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

Developing Countries in the GATT Legal System

2010-11-15 Law

Author: Robert E. Hudec

Publisher: Cambridge University Press

ISBN: 1139495534

Category: Law

Page: N.A

Remedies Under the WTO Legal System

2012-07-25 Business & Economics

Author: R. Rajesh Babu

Publisher: Martinus Nijhoff Publishers

ISBN: 9004209026

Category: Business & Economics

Page: 499

The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.

The WTO as a Legal System

2003-01-01 Commercial policy

Essays on International Trade Law and Policy

Author: N. David Palmeter

Publisher: Cameron May

ISBN: 1874698341

Category: Commercial policy

Page: 371

Agriculture, development, and the global trading system: 2000– 2015

2017-09-07 Social Science

Author: Bouët, Antoine,Laborde Debucquet, David

Publisher: Intl Food Policy Res Inst

ISBN: 0896292495

Category: Social Science

Page: 492

This book is devoted to the complex relationship between the global trading system and food security, focusing on two important elements: the Doha Development Agenda (DDA) and how food price volatility can be managed, or not, through trade instruments. The first section of the book is based on the premise that more trade integration can fight poverty and alleviate hunger. The second section examines whether managing price volatility is doable through more or less trade integration. This section deals in particular with policy instruments available for policy makers to cope with price volatility: food stocks, crop insurance, and export restrictions. Analysis concludes that without a strong and efficient World Trade Organization (WTO) capable of conducting ambitious trade negotiations, the food security target will be much more difficult to hit.

Blame it on the WTO?

2013-09-05 Business & Economics

A Human Rights Critique

Author: Sarah Joseph

Publisher: Oxford University Press

ISBN: 0199689768

Category: Business & Economics

Page: 368

The WTO is often accused of not paying enough attention to human rights. This book weighs these criticisms and examines their validity, both from a legal and from political and economic points of views. It asks whether the WTO is under an obligation to construct a fairer trade system and discusses suggestions for reform.

Trade Policy Flexibility and Enforcement in the WTO

2009-08-13 Law

A Law and Economics Analysis

Author: Simon A. B. Schropp

Publisher: Cambridge University Press

ISBN: 1139482637

Category: Law

Page: N.A

The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct. This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable.

The Legal and Economic Analysis of the WTO/FTA System

2016-02-29 Business & Economics

Author: Dukgeun Ahn

Publisher: World Scientific

ISBN: 9814704369

Category: Business & Economics

Page: 384

The Legal and Economic Analysis of the WTO/FTA System presents a collation of interdisciplinary studies covering a wide range of issues from WTO dispute settlement issues to trade remedy systems and FTA negotiations. The author applies legal as well as economic rationales and methods to analyze core issues in the world trading system and in doing so, sheds an interesting light on various trade issues. The interdisciplinary analysis on WTO and FTA issues provides a unique opportunity to reconsider many conventional trade topics. For instance, the author shows that third country dumping rarely used in the GATT/WTO system may have a new role with economic incentives in the context of FTAs. Contents:Dispute Settlement in the WTO System:Understanding Non-litigated Disputes in the WTO Dispute Settlement SystemKorea in the GATT/WTO Dispute Settlement System: Legal Battle for Economic DevelopmentPractices and Theoretical Foundations of the Trade Remedy System:Alternative Approach to Causation Analysis in Trade Remedy Investigations: 'Cost of Production' TestThird Country Dumping: Origin, Evolution and ProspectRestructuring the WTO Safeguard Mechanism in The WTO Trade Remedy SystemFoe or Friend of GATT Article XXIV: Diversity in Trade Remedy RulesCountervailing Duty against China: Opening a Pandora's Box in the WTO System?United States — Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: Never Ending Zeroing in the WTO?International Decisions: United States — Definitive Anti-Dumping and Countervailing Duties on Certain Products from ChinaInterrelation between Trade and Finance:Linkages between International Trade and Financial Institutions: IMF, World Bank and WTOWTO Disciplines Under the IMF Program: Congruence or Conflict?Is the Chinese Exchange-rate Regime 'WTO-legal'?Book Review: International Law in Financial Regulation and Monetary AffairsLegal and Economic Analysis of Free Trade Agreements:Dispute Settlement Systems in Asian FTAs: Issues and ProblemsAnalysis of Anti-dumping Use in Free Trade AgreementsLegal Issues for Korea's "Internal Trade" in the WTO System Readership: Researchers, students, and members of the public who are interested in international trade or economic law, international economics and international political economy.

The World Trade Organization

2007-12-31 Law

Legal, Economic and Political Analysis

Author: International Trade Law Center,Arthur E. Appleton,Michael G. Plummer

Publisher: Springer Science & Business Media

ISBN: 9780387226880

Category: Law

Page: 3117

The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.

A History of Law and Lawyers in the GATT/WTO

2015-05-21 Law

The Development of the Rule of Law in the Multilateral Trading System

Author: Gabrielle Marceau

Publisher: Cambridge University Press

ISBN: 1107085233

Category: Law

Page: 684

How have GATT/WTO staff and Appellate Body members contributed to the evolution of the rule-of-law in the multilateral trading system?

The Political Economy of the World Trading System

2009 Political Science

The WTO and Beyond

Author: Bernard M. Hoekman,Michel M. Kostecki

Publisher: Oxford University Press, USA

ISBN: 0199553777

Category: Political Science

Page: 740

New to this edition:

A Handbook on the WTO Dispute Settlement System

2004-06-17 Law

A WTO Secretariat Publication

Author: Organisation mondiale du commerce,World Trade Organization,World Trade Organization. Appellate Body

Publisher: Cambridge University Press

ISBN: 9780521602921

Category: Law

Page: 215

The WTO dispute settlement system plays an important role in clarifying and enforcing the legal obligations contained in the WTO Agreement. It has gained a strong practical relevance as more than 300 disputes have been brought from 1 January 1995 through October 2003. While dispute settlement is certainly not the only activity taking place within the WTO, it has become an important part of the practical reality of the Organization. WTO dispute settlement has also become an important tool in the management by WTO Members of their international economic relations at large. The objective of this handbook is to give the reader a good understanding of the practical operation of this system. Working through this guide, the reader will be introduced to all elements of the dispute settlement process, from the initiation of a case through to the implementation of the decision.

Normative Conditions to Make WTO Law More Responsive to the Needs of Developing Countries

2010 Doha Development Agenda

Author: Philipp Scheuermann

Publisher: Herbert Utz Verlag

ISBN: 3831609756

Category: Doha Development Agenda

Page: 305

Development at the WTO

2012-02-23 Business & Economics

Author: Sonia E. Rolland

Publisher: Oxford University Press

ISBN: 0199600880

Category: Business & Economics

Page: 361

With the Doha Round on the rocks, the tension between the WTO's trade liberalization agenda and the development needs of many member states is more pronounced than ever. This book looks at the position of developing countries at the WTO from an institutionalist perspective and presents a range of proposals for change.

The Law of Subsidies Under the GATT/WTO System

2001-11-12 Law

Author: Marc Benitah

Publisher: Kluwer Law International B.V.

ISBN: 904119827X

Category: Law

Page: 424

This work on the law of subsidies has been long-awaited by many actors in international trade. With its introduction of the concept of 'attenuation' of entitlement, Marc Benitah's utterly new analysis alters our understanding of the international economic law of subsidies - and its future invocation and jurisprudence - forever. The issue of subsidies is arguably the predominant theme, at this moment, in international economic law, and a consistent approach to the legal treatment of subsidies is urgently needed. In Professor Benitah's view, the answer lies in the recognition that entitlements granted to a party seeking to defend itself against the `adverse effects' of subsidies must be `attenuated' in order to avoid undesirable economic and social consequences. In the various techniques of attenuation - thoroughly described and analyzed in this book - may be found the unifying thread on which a logical, coherent law of subsidies may be strung. Why techniques of attenuation are intimately linked to the birth of past and future legal disputes relating to subsidies Why significant techniques of attenuation (e.g. taking into account the positive impact of a subsidy on consumers) have not arisen in the GATT/WTO context Why much recent theoretical debate on the concept of 'distortion' has not led to a breakthrough in the law of subsidies Why attenuations favouring developing countries are surprisingly legally vulnerable in practice Why deliberate recourse to techniques of attenuation necessitates their continuing clarification through a case law process. By referring to the legal materials of both the GATT 1947 and the WTO systems at each point in his demonstration, Professor Benitah lays a substantial groundwork for determining innovative WTO norms.

The History and Future of the World Trade Organization

2013 Business & Economics

Author: Craig VanGrasstek

Publisher: N.A

ISBN: N.A

Category: Business & Economics

Page: 646

This comprehensive account of the establishment of the WTO focuses on those who shaped its creation as well as those who have influenced its evolution. It also examines trade negotiations, the WTO's dispute settlement role, the process of joining, and what lies ahead for the organization.

Tied Aid and Development Aid Procurement in the Framework of EU and WTO Law

2014-07-18 Law

The Imperative for Change

Author: Annamaria La Chimia

Publisher: A&C Black

ISBN: 1782251626

Category: Law

Page: 488

This book is the first legal treatment of tied aid and examines in detail the compatibility of tied aid with EU and WTO law. The workings of the aid projects and aid procurement systems of donor countries granting bilateral aid are fully examined through case studies from the UK, Italy, the EU and the US. Tied aid refers to aid granted to developing countries on condition that goods and services for the aid-financed projects are purchased from the donor country only. The recipient country, in order to receive the grant or the loan, has no other choice but to fulfil the condition imposed by the donor. Economists have shown that tying aid undermines the effectiveness of aid. It leads to higher costs paid for the goods and services purchased and the distortion of the nature of the aid. Further, tying frustrates the potential of aid to foster trade between developing countries - in many of these countries public bodies and, in particular, aid-financed projects are major potential outlets for trade between neighbouring states. The importance of tied aid has been pointed out in economic literature but there is surprisingly little written on the legal aspects of tied aid practices and this book seeks to fill this major gap in the literature. The book is of interest to academics in the field of EU and WTO law, NGOs and practitioners working both in the field of public procurement and development policies.