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Author: Chantal Thomas
Publisher: Oxford University Press
ISBN: 0195383613
Category : Language Arts & Disciplines
Languages : en
Pages : 536
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Book Description
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.
Author: Chantal Thomas
Publisher: Oxford University Press
ISBN: 0195383613
Category : Language Arts & Disciplines
Languages : en
Pages : 536
Get Book
Book Description
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.
Author: Robert E. Hudec
Publisher: Cambridge University Press
ISBN: 1139495534
Category : Law
Languages : en
Pages : 233
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Book Description
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.
Author: R. Rajesh Babu
Publisher: Martinus Nijhoff Publishers
ISBN: 9004209034
Category : Law
Languages : en
Pages : 517
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Book Description
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.
Author: Amin M. Alavi
Publisher:
ISBN: 9789041127952
Category : Antidumping duties
Languages : en
Pages : 0
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Book Description
It's often said that the WTO's Dispute Settlement Understanding (DSU) works more in favor of the richer members with their vastly greater resources. On the other hand, one of the principal objectives of the DSU was to create a fairer system, in which every member could bring forward a complaint, have it fully investigated, obtain a ruling on the compatibility of the measure or practice with WTO rules, and - more generally - "to have its day in court". The guiding principle was intended to be: "Every member is equal before the law", and this was designed to lead to fairer and more equal opportunities than a system where power politics could, and did, influence the results. This thoughtful and timely resource will examine the concept of "development" as both a political and legal norm - designed to safeguard the special interests of developing countries in international trade - in the context of GATT and WTO law. Among the critically important questions addressed... How can the political concept of development be incorporated in GATT/WTO law? Which areas of GATT/WTO law address development? How can a GATT/WTO legal normal affect a political process? How can the GATT/WTO legal regime be made more flexible? How has the GATT/WTO legal regime evolved vis-à-vis developing nations? What are the political and legal aspects of the DSU? How do states utilize the political/legal system and its dispute settlement mechanisms? How does the GATT/WTO judicial system deal with the political concept of development? In the context of the DSU, what is the nature and significance of the conflict between developing and developed countries
Author: Gregory C. Shaffer
Publisher: Cambridge University Press
ISBN: 1139493280
Category : Law
Languages : en
Pages : 373
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Book Description
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.
Author: Mitsuo Matsushita
Publisher: Oxford University Press
ISBN: 0199571856
Category : Business & Economics
Languages : en
Pages : 942
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Book Description
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Author: George A. Bermann
Publisher: Cambridge University Press
ISBN: 9781107403093
Category : Law
Languages : en
Pages : 382
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Book Description
Examining developing countries within the WTO, it's easy to see there is a disconnect between what was expected from the WTO and what is actually being done for the developing countries. This book examines the different aspects of law within the WTO and how the developing countries are reacting to the Doha Developmental round, which took place after the September 11th attacks. This book also examines the differences between what the developing countries require and what they expect from the WTO which is not homogenous.
Author: Guiguo Wang
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218548
Category : Law
Languages : en
Pages : 385
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Book Description
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.
Author: Lorand Bartels
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 648
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Book Description
'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.
Author: Gregory C. Shaffer
Publisher:
ISBN:
Category : BUSINESS & ECONOMICS
Languages : en
Pages : 372
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Book Description
An evaluation of the experiences of individual developing countries in developing mechanisms to access the WTO legal system.
