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Author: Kelly Kuan Shang Publisher: ISBN: 9789462404144 Category : Languages : en Pages : 292
Book Description
This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions? This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values. A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong's export ban of baby milk formula, the European Union's economic sanctions against Russia, as well as New Zealand's export quality requirement for wine, single export desk requirement for kiwi fruits, and the export ban of certain minerals with spiritual values. Further analyses of these case studies revealed several underexplored types of export restrictions, and demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators. [Subject: Trade Law, WTO, Public International Law, International Law]
Author: Kelly Kuan Shang Publisher: ISBN: 9789462404144 Category : Languages : en Pages : 292
Book Description
This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions? This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values. A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong's export ban of baby milk formula, the European Union's economic sanctions against Russia, as well as New Zealand's export quality requirement for wine, single export desk requirement for kiwi fruits, and the export ban of certain minerals with spiritual values. Further analyses of these case studies revealed several underexplored types of export restrictions, and demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators. [Subject: Trade Law, WTO, Public International Law, International Law]
Author: Chien-Huei Wu Publisher: Cambridge University Press ISBN: 1108957005 Category : Law Languages : en Pages : 519
Book Description
Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.
Author: Umair H. Ghori Publisher: Edward Elgar Publishing ISBN: 1800889828 Category : Law Languages : en Pages : 391
Book Description
Representing a continuation of the debate on export restrictions and export controls, this adroitly-crafted book expertly navigates the complexities of international trade law. Under the aegis of global security, it features a number of diverse yet interconnected topics on export restrictions and export controls and highlights the multi-faceted trade, economic, and security challenges faced by developed and developing countries.
Author: United Nations Conference on Trade and Development Publisher: ISBN: Category : Political Science Languages : en Pages : 164
Book Description
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
Author: Ilaria Espa Publisher: Cambridge University Press ISBN: 1107085969 Category : Business & Economics Languages : en Pages : 405
Book Description
Examines existing WTO disciplines on export restrictions in light of the proliferation of export restraints on critical minerals and metals.
Author: Bradly J. Condon Publisher: BRILL ISBN: 1571053662 Category : Law Languages : en Pages : 365
Book Description
The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.
Author: Rüdiger Wolfrum Publisher: BRILL ISBN: 9004180648 Category : Business & Economics Languages : en Pages : 1266
Book Description
The GATT is the historical origin of the World Trade Organization and to this day remains one of its core agreements. In force for over 60 years its rules have provided a framework for trade in goods which has seen such trade grow to unprecedented size. The Agreement has been referred to in roughly 200 disputes initiated under GATT 1947 and many of the currently roughly 400 WTO disputes. Its provisions have inspired similar rules in many other agreements. A thorough knowledge of the GATT is indispensable for practitioners and scholars alike. Article-by-article this volume explains the GATT 1994, its Introductory Note and Annexes, the Understandings on Arts II:1 lit. b, XVII, XXIV and XXVIII GATT, the Understandings on Balance-of-Payments Provisions and Waivers of Obligations, the Enabling Clause and the Waiver on Preferential Tariff Treatment for Least-Developed Countries. It also covers the Agreements on Customs Valuation, Preshipment Inspection and Rules of Origin. The format allows the reader quick and easy access and reference both with respect to provisions which would otherwise require the parsing of innumerable documents and with respect to provisions hitherto neglected. Written by distinguished practitioners and scholars, the volume is an indispensable reference work for everyone working on or interested in international trade; trade practitioners, diplomats, scholars and activists alike.
Author: Yulia Selivanova Publisher: Kluwer Law International B.V. ISBN: 9041142797 Category : Law Languages : en Pages : 450
Book Description
Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade – as well as energy-related issues addressed in the current WTO negotiations – the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.
Author: Kelly Kuan Shang
Author: Kelly Kuan Shang
Author: Chien-Huei Wu
Author: Peter Van den Bossche
Author: Umair H. Ghori
Author: United Nations Conference on Trade and Development
Author: Ilaria Espa
Author: Bradly J. Condon
Author: Rüdiger Wolfrum
Author: Yulia Selivanova
Author: World Trade Organization