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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 Oxford Journal of International Economic Law in celebration of the Journal's tenth anniversary. The contributions examine various issues confronting the international economic regime today, and cover a wide range of international economic institutions such as the IMF, the World Bank, and the WTO. This book constitutes a reflection by important individuals on almost all the major contemporary issues facing the WTO today, and therefore represents a snapshot of the key lines of thinking among many of the leading legal scholars of the WTO and international economic regime which are likely to guide the field in the years to come.
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...
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.
Celebrating the work of Mitsuo Matsuhita, this volume focuses on dispute resolution and the law and politics of the World Trade Organization, offering a critical and scholarly analysis of the current and future state of international economic governance.
How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.
This book discusses the standards established for the regulation of public health and safety issues.
The first edition of Professor Yoshida’s monograph, The International Legal Régime for the Protection of the Stratosphere Ozone Layer, provided a renowned and comprehensive contemporary study of the international ozone régime. In the second revised edition, the author analyses important developments in the ozone treaty régime.
DIVFocuses on the WTO and intellectual property rights in international law /div