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.

Remedies under the WTO Legal System

2012-07-25 Law

Author: R. Rajesh Babu

Publisher: Martinus Nijhoff Publishers

ISBN: 9004209034

Category: Law

Page: 518

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.

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.

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.

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

Law and Development Perspective on International Trade Law

2011-07-25 Law

Author: Yong-Shik Lee,Gary Horlick,Won-Mog Choi,Tomer Broude

Publisher: Cambridge University Press

ISBN: 1139499688

Category: Law

Page: N.A

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.

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 Social Foundations of World Trade

2014-12-18 Law

Norms, Community, and Constitution

Author: Sungjoon Cho

Publisher: Cambridge University Press

ISBN: 1316239918

Category: Law

Page: N.A

As highlighted by Pascal Lamy, the former head of the WTO, world trade traditionally involves state-to-state contracts and is based on an anachronistic 'monolocation' production/trade model. It therefore struggles to handle new patterns of trade such as global value chains, which are based on a 'multilocation' model. Although it continues to provide world trade on a general level with a powerful heuristic, the traditional 'rationalist' approach inevitably leaves certain descriptive and normative blind spots. Descriptively, it fails to explain important ideational factors, such as culture and norms, which can effectively guide the behaviour of trading nations with or without material factors such as interests and utilities. Normatively, the innate positivism of the traditional model makes it oblivious to the moral imperatives of the current world trading system, such as development. This book emphatically redresses these blind spots by reconstructing the WTO as a world trade community from a social perspective.

Competition Laws, Globalization and Legal Pluralism

2014-07-18 Law

China's Experience

Author: Qianlan Wu

Publisher: A&C Black

ISBN: 1782252207

Category: Law

Page: 242

Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.

Agriculture and the WTO

2004-03-17 Business & Economics

Creating a Trading System for Development

Author: Merlinda Ingco,John D. Nash

Publisher: World Bank Publications

ISBN: 082138368X

Category: Business & Economics

Page: 406

Developing countries have a major stake in the outcome of trade negotiations conducted under the auspices of the World Trade Organization (WTO). 'Agriculture and the WTO: Creating a Trading System for Development' explores the key issues and options in agricultural trade liberalization from the perspective of these developing countries. Leading experts in trade and agriculture from both developed and developing countries provide key research findings and policy analyses on a range of issues that includes market access, domestic support, export competition, quota administration methods, food security, biotechnology, intellectual property rights, and agricultural trade under the Uruguay Round Agreement on Agriculture. Material is covered in summary and in comprehensive detail with supporting data, a substantial bibliography, and listings of online resources. This book will be of interest to policymakers and analysts in the fields of development economics and commodities pricing and trade.

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.

The Future of International Law

2013-02-25 Law

Global Government

Author: Joel P. Trachtman

Publisher: Cambridge University Press

ISBN: 1107035899

Category: Law

Page: 302

Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Critical Legal Perspectives on Global Governance

2013-12-20 Law

Liber Amicorum David M Trubek

Author: Gráinne de Búrca,Claire Kilpatrick,Joanne Scott

Publisher: Bloomsbury Publishing

ISBN: 1782252878

Category: Law

Page: 482

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.

Wirtschaftsvölkerrecht

2012 Entwicklungsvölkerrecht

Author: Markus Krajewski

Publisher: C.F. Müller GmbH

ISBN: 3811496662

Category: Entwicklungsvölkerrecht

Page: 311

Die Neuauflage: Ziel dieses Lehrbuchs ist eine überblicksartige Einführung in das Wirtschaftsvölkerrecht. Wirtschaftsvölkerrecht umfasst die völkerrechtlichen Regelungen des internationalen Wirtschaftsverkehrs, die öffentlich-rechtlichen Beziehungen, d.h. Beziehungen zwischen Staaten untereinander und zwischen Staaten und Privatrechtssubjekten, betreffen. Die Darstellung legt einen Schwerpunkt auf die Erläuterung von allgemeinen Prinzipien und Strukturen und verzichtet daher auf eine vertiefte Erörterung zahlreicher Detailprobleme. Die Auswahl der in diesem Lehrbuch behandelten Aspekte berücksichtigt einerseits, was vernünftigerweise von Studierenden in einem Schwerpunktbereich erwartet werden kann und andererseits, welche Themen des Wirtschaftsvölkerrechts von allgemeinem rechtswissenschaftlichen und rechtspolitischen Interesse sind.

Social Regulation in the WTO

2011-11-01 Juvenile Nonfiction

Trade Policy and International Legal Development

Author: Krista Nadakavukaren Schefer

Publisher: Edward Elgar Publishing

ISBN: 1849805423

Category: Juvenile Nonfiction

Page: 336

'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective

2011-12-15 Law

Author: Guiguo Wang

Publisher: Martinus Nijhoff Publishers

ISBN: 9004218548

Category: Law

Page: 384

The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.

The WTO at Ten

2006-07-06 Law

The Contribution of the Dispute Settlement System

Author: Giorgio Sacerdoti,Alan Yanovich,Jan Bohanes

Publisher: Cambridge University Press

ISBN: 0521863147

Category: Law

Page: 531

Assesses the past ten years of the WTO and the dispute settlement system.

Reform and Development of the WTO Dispute Settlement System

2006-01-01 Arbitration and award, International

Author: Dencho Georgiev,Kim van der Borght

Publisher: Cameron May

ISBN: 1905017243

Category: Arbitration and award, International

Page: 488

The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.

The WTO and Infant Industry Promotion in Developing Countries

2014-09-25 Business & Economics

Perspectives on the Chinese Large Civil Aircraft

Author: Juan He

Publisher: Routledge

ISBN: 1317664620

Category: Business & Economics

Page: 270

The charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries’ industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.

The International Law of Economic Migration

2009 Law

Toward the Fourth Freedom

Author: Joel P. Trachtman

Publisher: W.E. Upjohn Institute

ISBN: 0880993480

Category: Law

Page: 417