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Treaty Interpretation by the WTO Appellate Body
This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, a...
The WTO Anti-Dumping Agreement
A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.
The Oxford Handbook of International Trade Law
Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalization. The detailed development of the rules of...
Practical Aspects of WTO Litigation
Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and la...
Procedural Review in European Fundamental Rights Cases
Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
The Evolutionary Interpretation of Treaties
If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a ...
Essentials of WTO Law
This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.
International Adjudication on Trial
Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, is the WTO DSS expected to achieve? Has it fulfilled these objectives so far, and how can their achievement and the system's effectiveness be enhanced in the future? Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international j...
EU Anti-dumping and Other Trade Defence Instruments
The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.
Regional Trade Agreements and the WTO Legal System
'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.
