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Ketentuan Antidumping Subsidi dan Tindakan Pengamanan (Safeguard) dalam GATT dan WTO
Lahirnya WTO sebagai organisasi perdagangan dunia yang mengatur masalah-masalah perdagangan internasional sebagai kelanjutan dari GATT melahirkan harapan-harapan baru bagi negara-negara di dunia, sebagai organisasi yang diharapkan mampu mengakomodasi dan menciptakan suatu sistem perdagangan internasional yang fair dan dinamis untuk membangun tata dunia baru di bidang perdagangan internasional. Tindakan dumping, subsidi, dan timbulnya lonjakan impor yang abnormal yang dapat merugikan suatu negara menjadi isu-isu strategis yang menjadi sorotan utama WTO. WTO memberikan tempat khusus berupa pengaturan mengenai antidumping, subsidi, dan tindakan pengamanan (safeguard) melalui serangkaian persetu...
Promoting Sustainable Fisheries
Analyses the concept of illegal, unreported and unregulated fishing and the international instruments which provide the legal and policy framework to combat IUU fishing. Palma, Tsamenyi and Edeson, University of Wollongong, Australia.
Pure Theory of Law
Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Thr...
The History and Future of the World Trade Organization
The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
Anti-dumping and Anti-trust Issues in Free-trade Areas
In this book the legitimacy of anti-dumping measures in free trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest group: the producers.Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8) (b) of the GATT. At the same time, anti-dumping measures are an exclusive exercise of sovereignty and would seem to protectstatehood and arguably other national interests of any importing state. The traditional alternative for anti-dumping action...
The Law, Economics and Politics of Retaliation in WTO Dispute Settlement
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
The World Trading System: Historical and conceptual foundations
Volume 1 = Historical and conceptual foundations ; Volume 2 = Dispute settlement in the world ; Volume 3 = Administered protection ; Volume 4 = The Uruguay round and beyond.
Legal Negotiation in a Nutshell
Representing Clients in Legal Negotiations; Obligation of Competent Representation. Basic Types of Legal Negotiation; Basic Elements of Case Value; Case Evaluation Methods; Goals; Interests; Target Points; Minimum Dispositions; Best Alternative to a Negotiated Agreement; Settlement Offers and Discussions as Evidence at Trial; Procedural Rules Affecting Offers of Compromise; Effect of Negotiations on the Statute of Limitations; Legal Disputes that Should Not Be Negotiated; Legal Negotiating Styles; Legal Negotiating Strategies; Stages of Legal Negotiation; Interplay Between the Litigation Process and the Stages of Negotiation; Environmental Considerations; Ground Rules; Communication and Information Exchange; Truth in Legal Negotiations; Intimidation; Face Saving; Threats and Promises; Conflict Escalation and Entrapment; Narrowing the Differences; Reaching Agreement; Defects in Settlements; Fairness in Negotiating Results.
Corporate Ethics and Crime
Safety violations, bribes, kickbacks, and price-fixing -- these are some of the crimes that corporations indulge in as a matter of covert policy. What does middle management do when confronted with the knowledge that their superiors are breaking the law or violating ethics? What makes some corporations behave more ethically than others? Marshall Clinard interviewed retired middle managers of the Fortune 500 corporations to discover the nature of corporate crime and ethics, and the reaction of middle managers to it. How do middle managers account for differences in corporate behaviour? What pressures are brought to bear to keep them silent. What are their own personal ethics when confronted with corporate misdeeds? What kinds of violations would they be willing to report? When would they remain silent? The role of upper level management and the role government regulations play in discouraging and encouraging violations is also discussed. The result is a fascinating portrait of a closed and silent process of violation, corporate dynamics and personal, moral reaction.
The Law and Policy of the World Trade Organization
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
