The World Trade Organization

Law, Practice, and Policy

Author: Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn

Publisher: Oxford University Press

ISBN: 0191066907

Category: Law

Page: 880

View: 6645

The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: firstly, where free trade is seen to be incompatible with environmental protection and, secondly, where WTO law confronts legal regimes governing issues of competition and intellectual property.

The Law and Policy of the World Trade Organization

Text, Cases and Materials

Author: Peter Van den Bossche,Werner Zdouc

Publisher: Cambridge University Press

ISBN: 1108211119

Category: Law

Page: N.A

View: 8409

Retaining the signature clarity and depth that made it an instant classic, this new fourth edition of The Law and Policy of the World Trade Organization examines both the institutional and substantive law of the World Trade Organization (WTO). Fully updated to incorporate all new developments in the WTO's body of case law, this market-leading text offers readers a clear introduction to the basic principles of the multilateral trading system and a detailed examination of the law of the WTO. With integrated questions and assignments which allow readers to easily assess and reinforce their understanding and develop their analytical skills, The Law and Policy of the World Trade Organization is essential reading for all WTO law students and practitioners. Suitable for postgraduate and advanced undergraduate students, this classic text is also the ideal resource for practitioners, diplomats and policymakers looking for an introduction to the law of the WTO.

The Oxford Handbook of International Trade Law

Author: Daniel L. Bethlehem

Publisher: Oxford University Press, USA

ISBN: 0199231923

Category: Law

Page: 801

View: 3895

The Oxford Handbook of International Trade Law explores the law of the World Trade Organization and its broader context. It examines the discipline of international trade law itself and also the outside face of international trade law and its intersection with states and with other aspects of the international system. It covers the economic and institutional context of the world trading system, the substantive law of the WTO, the WTO dispute settlement system,and the interaction between trade and other disciplines and fields of international law.

International and Foreign Legal Research

A Coursebook. Second Edition

Author: Marci Hoffman,Mary Rumsey

Publisher: Martinus Nijhoff Publishers

ISBN: 9004204806

Category: Law

Page: 389

View: 8559

International and Foreign Legal Research: A Coursebook, second edition by Hoffman and Rumsey, now in a second edition, is designed for classes in foreign and international legal research. Topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU.

Treaty Interpretation

Author: Richard Gardiner

Publisher: OUP Oxford

ISBN: 0191648043

Category: Law

Page: 544

View: 6210

The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

The Development of World Trade Organization Law

Examining Change in International Law

Author: Gregory Messenger

Publisher: Oxford University Press

ISBN: 019871646X

Category: Foreign trade regulation

Page: 240

View: 6562

The World Trade Organization is a central player in the regulation of international trade. As the rights and duties that form WTO law are not created in a vacuum, there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of the law of the WTO through an analysis of competing global actors, norms, and institutions that have influence over it. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law- safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.

World Trade Law after Neoliberalism

Reimagining the Global Economic Order

Author: Andrew Lang

Publisher: OUP Oxford

ISBN: 0191656151

Category: Law

Page: 416

View: 5603

The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.

The Law of Investment Treaties

Author: Jeswald W. Salacuse

Publisher: OUP Oxford

ISBN: 0191009156

Category: Law

Page: 620

View: 8571

The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law of investment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.

Symbolic Power in the World Trade Organization

Author: Matthew Eagleton-Pierce

Publisher: Oxford University Press

ISBN: 0199662649

Category: Political Science

Page: 260

View: 3840

Questions of power are central to understanding global trade politics and no account of the World Trade Organization (WTO) can afford to avoid at least an acknowledgment of the concept. A closer examination of power can help us to explain why the structures and rules of international commerce take their existing forms, how the actions of countries are either enabled or disabled, and what distributional outcomes are achieved. However, within conventional accounts, there has been a tendency to either view power according to a single reading - namely the direct, coercive sense - or to overlook the concept entirely, focusing instead on liberal cooperation and legalization. In this book, Matthew Eagleton-Pierce shows that each of these approaches betray certain limitations which, in turn, have cut short, or worked against, more critical appraisals of power in transnational capitalism. To expand the intellectual space, the book investigates the complex relationship between power and legitimation by drawing upon Pierre Bourdieu's notion of symbolic power. A focus on symbolic power aims to alert scholars to how the construction of certain knowledge claims are fundamental to, and entwined within, the material struggle for international trade. Empirically, the argument uncovers and plots the recent strategies adopted by Southern countries in their pursuit of a more equitable trading order. By bringing together insights from political economy, sociology, and law, Symbolic Power in the WTO not only enlivens and enriches the study of diplomatic practice within a major multilateral institution, it also advances the broader understanding of power in world politics.

Reconstructing the World Trade Organization for the 21st Century

An Institutional Approach

Author: Kent Jones

Publisher: Oxford University Press, USA

ISBN: 0199366047

Category: Business & Economics

Page: 298

View: 6428

Jones examines the difficulties of the World Trade Organization (WTO) in completing multilateral trade negotiations and possible ways to improve the situation. The problem lies in the institutional structure it inherited from the General Agreement on Tariffs and Trade (GATT), which was designed for a more limited scope of trade negotiations among wealthier, industrialized countries. The book presents a model of the GATT/WTO system as a global institution, based on the accepted goals, rules, and obligations of the members, as well as the output the institution is expected to generate.

International Economic Law

Author: Andreas F. Lowenfeld

Publisher: Oxford University Press on Demand

ISBN: 0199226938

Category: Law

Page: 956

View: 1503

"Lowenfeld examines the major elements of economic law in the international arena including the World Trade Organization and its antecedents; dumping, subsidies, and other devices that alter the market; the International Monetary System, including the collapse of the Bretton Woods system; the debt of developing countries; the law of foreign direct investment, including changing perceptions of the rights of host states and multinational enterprises; and economic sanctions. The book also contains chapters on competition law, environmental law, and new chapters on intellectual property and the various forms of arbitration; demonstrating how these subjects fit into the framework of international economic law."--BOOK JACKET.

The World Trade Organization: A Very Short Introduction

Author: Amrita Narlikar

Publisher: Oxford University Press

ISBN: 0192806084

Category: Business & Economics

Page: 155

View: 4212

The World Trade Organization (WTO) is scarcely ten years old, but even in these early years of its existence it has generated debate, controversy and even outrage. This Very Short Introduction will provide a timely and carefully considered explanation of what the WTO is, what it does, and how it goes about executing its tasks. A clear understanding of the mandate, structure and functioning of the WTO is essential to appreciate the controversy behind the organization, and how far it deserves the reputation that it has come to acquire.

International Organizations

Politics, Law, Practice

Author: Ian Hurd

Publisher: Cambridge University Press

ISBN: 1107183308

Category: Law

Page: 375

View: 8861

Updated throughout, this is the third edition of Ian Hurd's lively introduction to the law and politics of international organizations.

Sovereignty, the WTO, and Changing Fundamentals of International Law

Author: John H. Jackson

Publisher: Cambridge University Press

ISBN: 1139452738

Category: Law

Page: N.A

View: 476

The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

International Law

A Very Short Introduction

Author: Vaughan Lowe

Publisher: Oxford University Press, USA

ISBN: 0199239339

Category: Law

Page: 130

View: 3326

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of theinternational system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the worldfaces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

International Economic Law and Governance

Essays in Honour of Mitsuo Matsushita

Author: Julien Chaisse,Tsai-yu Lin

Publisher: Oxford University Press

ISBN: 0191084123

Category: Law

Page: 624

View: 7426

Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.

The Position of Heads of State and Senior Officials in International Law

Author: Joanne Foakes

Publisher: Oxford University Press

ISBN: 0199640289

Category: History

Page: 414

View: 8089

A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.

The Constitutionalization of the World Trade Organization

Legitimacy, Democracy, and Community in the International Trading System

Author: Deborah Z. Cass

Publisher: Oxford University Press on Demand

ISBN: 9780199284634

Category: Business & Economics

Page: 266

View: 932

This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues thatthe WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models. Under these definitions serious issues of legitimacy, democracy and community are at stake. The WTO would lack a proper political structure to balance the work of its judicial bodies; it may curtail the ability of states to decide matters of national economic interest; it lacks authorization by a coherent political community; and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.

Blame it on the WTO?

A Human Rights Critique

Author: Sarah Joseph

Publisher: Oxford University Press

ISBN: 0199689768

Category: Business & Economics

Page: 368

View: 9395

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.