The Jurisprudence Of Gatt And The Wto

The Jurisprudence of GATT and the WTO PDF
Author: John H. Jackson
Publisher: Cambridge University Press
ISBN: 9780521035644
Size: 58.58 MB
Format: PDF, Mobi
Category : Law
Languages : un
Pages : 512
View: 6190

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This book contains a selection of essays and articles by John H. Jackson previously published over four decades and now collected together into one volume. Each article has been selected for its continued timeliness and relevance to contemporary issues in international trade. Particular attention has been given to making available articles that have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. An indispensable addition to every international trade library.

Wto Jurisprudence

WTO Jurisprudence PDF
Author: Wenwei Guan
Publisher:
ISBN: 9780367428761
Size: 38.94 MB
Format: PDF, ePub, Mobi
Category : Foreign trade regulation
Languages : en
Pages : 240
View: 3407

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This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states' attribution of authority through consent with legislative, administrative and adjudicative functions -- three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of service, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy -- the force -- ultimately for the benefits of individuals -- the ends -- in the global marketplace, and gains a soul of its own in the institutional evolution -- the means -- of the global trading regime. Although the tripartite dynamics between states, international institutions and individuals in the global marketplace are unprecedentedly complex, the WTO's ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO's decision-making by consensus, the book critically examines GATT's "common intention" treaty interpretation, Antidumping's NME methodology, TRIPS' public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means and the ends of the constitutional evolution of the global trading regime.

A Digest Of Wto Jurisprudence On Public International Law Concepts And Principles

A Digest of WTO Jurisprudence on Public International Law Concepts and Principles PDF
Author: Graham Cook
Publisher: Cambridge University Press
ISBN: 1316352463
Size: 38.55 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages :
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In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.

Good Faith In The Jurisprudence Of The Wto

Good Faith in the Jurisprudence of the WTO PDF
Author: Marion Panizzon
Publisher:
ISBN: 9781472563781
Size: 15.45 MB
Format: PDF, ePub
Category : Foreign trade regulation
Languages : en
Pages : 396
View: 7578

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What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the pr.

Development And The Rule Of Law In The Wto

Development and the Rule of Law in the WTO PDF
Author: Intan Murnira Ramli
Publisher:
ISBN:
Size: 11.28 MB
Format: PDF, ePub, Mobi
Category : Arbitration and award, International
Languages : en
Pages : 395
View: 7470

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International economic law has been evolving toward an unprecedented degree of institutionalism and supranational legal authority, expressed through the availability of legalistic and more coercive mechanisms to develop international legal obligations enforceable upon states. This book will explore the transparency of the Dispute Settlement Mechanism (DSM) within the World Trade Organization (WTO), the level of participation of the WTO members, especially those of the developing and the least-developed countries, and the attitude of the DSM in relation to the issue of development.

Environment And Trade

Environment and Trade PDF
Author: Nathalie Bernasconi-Osterwalder
Publisher: Earthscan
ISBN: 1849771154
Size: 27.75 MB
Format: PDF, ePub, Docs
Category : Medical
Languages : en
Pages : 391
View: 3451

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International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly carcinogenic asbestos-containing products or genetically modified crops? Does the WTO allow governments to protect dolphins or endangered sea turtles through the use of import restrictions on certain products? How can civil society participate in WTO dispute settlement? This Guide, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.