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International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the mostfavoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
This book comprises fifteen specially commissioned contributions from the Editorial Board of the Journal of International Economic Law in celebration of the Journal's tenth anniversary. They were originally published as the third issue of volume 10 of the journal in September 2007.
International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the most favoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
This book focuses on the rules-based multilateral trading system established by the World Trade Organization, with particular emphasis given to the rich and detailed jurisprudence developed by the WTO's Appellate Body. The book also devotes considerable attention to national laws operating in the shadow of the WTO system (such as antidumping and countervailing duty laws), and to interesting new developments associated with free trade agreements such as the USMCA. After introductory chapters on international economics, international law, and US constitutional and institutional issues relating to international trade regulation, the book explores the WTO's structure and takes a detailed look at...
DIVThe first volume in the World Trade Forum annual examines trade liberalization and property ownership /div
Three significant issues will determine the future of the WTO: dispute settlement, negotiations and regional integration. Dispute settlement is widely regarded as one of the major successes of the WTO in its first ten years. Concluding the Doha round negotiations is one of its main challenges. Regional integration is now at the frontline of debate as regional agreements proliferate and policy-makers and academics come to grips with their impacts on the multilateral trading system. These issues, and the interplay between them, are examined by leading scholars and practitioners in the field of international trade law from North America, Europe and Asia-Pacific. In addition, special sections focus on the Asia-Pacific region, its participation in WTO dispute settlement and negotiations, and recent trends towards greater regional integration.
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
Incorporates the Uruguay Round into the materials to the fullest extent possible. Includes the impact of international economic interdependence and the struggle of legal institutions to cope with that circumstance. Also offers a basic understanding of the international economic system as it operates in real life, and as it is constrained or aided by a number of fundamental legal institutions, including national and international constitutional documents and processes.
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.