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 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.

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.

A Handbook on the WTO Dispute Settlement System

2017-09-30 Law

Author: ,

Publisher: Cambridge University Press

ISBN: 1108279295

Category: Law

Page: N.A

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

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.

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?

Reclaiming Development in the World Trading System

2006-01-30 Law

Author: Yong-Shik Lee

Publisher: Cambridge University Press

ISBN: 9781139446808

Category: Law

Page: N.A

Prevalent poverty in less developed countries is one of the most pressing issues of our time and economic development in these countries is necessary to bring them out of poverty. As seen in the successful development cases of East Asian countries, international trade is closely relevant to economic development, and export facilitation and effective industrial policies have been the key to the successful development. Current GATT/WTO provisions facilitating development are insufficient and some WTO provisions prevent developing countries from adopting effective development policies. This book is the first attempt to suggest a comprehensive modification of the current GATT/WTO disciplines to better facilitate development. The book also examines the need to elevate the level of regulatory treatment of development issues by the WTO and proposes the Agreement on Development Facilitation and the Council for Trade and Development within the WTO.

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

The Law of Subsidies Under the GATT/WTO System

2001-11-12 Law

Author: Marc Benitah

Publisher: Kluwer Law International

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.

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.

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:

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.

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.

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.

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.

WTO Domestic Regulation and Services Trade

2014-03-13 Business & Economics

Putting Principles into Practice

Author: Aik Hoe Lim,Bart De Meester

Publisher: Cambridge University Press

ISBN: 1107062357

Category: Business & Economics

Page: 394

Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.

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.

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.