Author: Müslüm Yilmaz Publisher: Cambridge University Press ISBN: 1139619918 Category : Law Languages : en Pages : 463
Book Description
Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Jacqueline D. Krikorian Publisher: UBC Press ISBN: 0774823097 Category : Law Languages : en Pages : 323
Book Description
Critics of the World Trade Organization argue that its binding dispute settlement process imposes a neoliberal agenda on member states. If this is the case, why would any nation agree to participate? Jacqueline Krikorian explores this question by examining the impact of the WTO’s dispute settlement mechanism on domestic policies in the United States and Canada. She demonstrates that the WTO’s ability to influence domestic arrangements has been constrained by three factors: judicial deference, institutional arrangements, and strategic decision making by political elites in Ottawa and Washington. By bringing the insights of law and politics scholarship to bear on a subject matter traditionally addressed by international relations scholars, Krikorian shows that the classic division in political science between these two fields of study, though suitable in the postwar era, is outdated in the context of a globalized world.
Author: Mavroidis, Petros C. Publisher: Edward Elgar Publishing ISBN: 1803921749 Category : Political Science Languages : en Pages : 640
Book Description
This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
Author: Henrik Horn Publisher: Cambridge University Press ISBN: 1107068002 Category : Law Languages : en Pages : 381
Book Description
The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947–8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.
Author: Derk Bienen Publisher: Kluwer Law International B.V. ISBN: 904114692X Category : Law Languages : en Pages : 736
Book Description
This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.
Author: Christoph Herrmann Publisher: Springer ISBN: 3662467488 Category : Law Languages : en Pages : 455
Book Description
This sixth volume (2015) of the European Yearbook of International Economic Law puts a particular emphasis on non-tariff barriers (NTBs) to trade and the world trade order. With the steady reduction of tariff rates since the GATT 47 came into force, focus in recent years has been on the vast and complex landscape of non-tariff barriers to trade. States as well as scholars seemingly struggle with the multitude of measures pooled under this expression as there is no single, acknowledged definition of the term, and its relation to the term “non-tariff measures” remains equally blurred. Particularly in practice and on a multilateral level, there appears to be some awkwardness when it comes to coping with NTBs since multilateral trade rules seem to be in conflict with national regulatory autonomy in the pursuit of policy objectives. In part one, this volume sheds light on the problems of non-tariff barriers to trade that arise in various fields. Part two focuses on regional integration with an emphasis on relations between East Asia and the European Union. In this regard, the authors outline the trade and investment relations between the European Union and East Asia, including Japan, Korea and Singapore. Part three offers an overview of recent institutional developments in WIPO, ICSID, WTO and WTO jurisprudence. Part four includes book reviews of recent works in the field of international economic law, and part five introduces a new section on publications in the field of international economic law that were released in 2013 and 2014.
Author: Thomas Weishing Huang Publisher: Kluwer Law International B.V. ISBN: 904112148X Category : Law Languages : en Pages : 342
Book Description
As international trade turns increasingly toward China, it is crucial for trade practitioners to grasp the law of trade remedies as practiced in that country. Since China acceded to the World Trade Organization in 2002, its liberal and even enthusiastic interpretation of the WTO rules (and exceptions) on dumping, subsidies and safeguards?frequently noted in its rigorous antidumping enforcement activity?has revealed China?s adherence to the ?infant industry? theory of international trade. China?s concerted use of trade remedies can be best understood as the government?s support of its industries?which not long ago were merely units in a centrally-planned economy?as they struggle toward competitive advantage. However, for trade professionals outside of China, these specialized circumstances can give rise to serious legal difficulties. It is in order to forestall such problems, with keen analysis and informed insight, that this book has been written. The reader will find enormously helpful analysis of, and information about, such relevant details as the following, among many more: the role of the China State Economic and Trade Commission (SETC) and other official bodies; how petitions for antidumping and anti-subsidy investigations are filed; ?normal value? and ?constructed value? and their adjustments; actionable and non-actionable subsidies; assistance to disadvantaged regions, for reform activities, and for environmental reasons; indirect taxes; injury criteria of dumping and subsidies; fact patterns that give rise to safeguards; subject matter jurisdiction of judicial review; and administrative review. Trade Remedies: Law of Dumping, Subsidies and Safeguards in China expertly covers an important area of practice where little or no reliable materials existed before. In a world trade environment where China?s significance is growing rapidly, this book?s value for legal practitioners, trade officials, trade policymakers and academics in international trade law, anywhere in the world, cannot be overstated.
Author: Pieter Van Vaerenbergh Publisher: Springer Nature ISBN: 3031381726 Category : Law Languages : en Pages : 233
Book Description
This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.
Author: Müslüm Yilmaz
Author: Müslüm Yilmaz
Author: American Bar Association. House of Delegates
Author: Jacqueline D. Krikorian
Author: Mavroidis, Petros C.
Author: Henrik Horn
Author: Derk Bienen
Author: Christoph Herrmann
Author: Thomas Weishing Huang
Author: Pieter Van Vaerenbergh