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"Hudec, Robert E."
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Developing countries in the GATT legal system
\"A reissue of Robert E. Hudec's seminal study of the situation of developing countries within the international trade system is once again available\"-- Provided by publisher.
Book
Developing Countries in the GATT Legal System
In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.
eBook
Developing countries in the GATT legal system
\"A reissue of Robert E. Hudec's seminal study of the situation of developing countries within the international trade system is once again available\"--
Book
The Political Economy of International Trade Law
International experts from law, economics and political science provide in-depth analysis of international trade issues. Attorneys, economists and political scientists adopt a common viewpoint, entitled 'transcending the ostensible'. This approach directs particular attention to the possibility that WTO legal institutions, like other international legal institutions, will function in unexpected ways due to the political and economic conditions of the international environment in which they have been created, and in which they operate. A range of trade problems are considered here. Topics include the constitutional dimensions of international trade law, adding subjects and restructuring existing subjects to international trade law, the legal relations between developed and developing countries, and the operation of the WTO dispute settlement procedure. This will be an essential volume for professionals and academics involved with international trade policy.
eBook
Private Anticompetitive Behavior in World Markets: A WTO Perspective
The activities of the World Trade Organization (WTO) with regard to private anticompetitive behavior can be divided into two tracks. The first track consists of WTO activities directed to antitrust law and policy, which the WTO, in common with the rest of the world, refers to as \"competition law and policy.\" The second track consists of action by the WTO itself treating certain instances of private anticompetitive behavior as a trade policy problem. Under this second track, the WTO would act without seeking the cooperation or concurrence of competition law authorities around the world. The second track is examined. The perspective from which private anticompetitive behavior is viewed as a trade policy problem is explained. The legal remedies that the WTO itself could bring to bear on such private trade restraints are examined. Consideration is given to general remedies available under WTO law, the more explicit remedies contained in the GATS agreement and in the Telecommunications Agreement are examined.
Journal Article
Basic Elements of the Legal Criticism
THE LEGAL debate does not involve any open disagreement about ultimate objectives. Both critics and supporters of the current policy speak of the same ultimate goal – the maximum possible improvement in the economic welfare of developing countries. Critics of the current policy never say that it gives developing countries too many economic benefits. On the contrary, they argue that the present policy does not give developing countries as much economic benefit as would some alternative policy. The central issue is not whether, but how to provide greater economic benefits.AGREEMENT ON A COMMON GOALOne line of argument that sometimes puts this common goal into question is the “graduation” doctrine of the United States – the concept which argues that advanced developing countries should grant reciprocity as their economic development improves. Taken at face value, the mercantilist rationale for this doctrine seems to be saying that advanced developing countries who do not grant reciprocity are keeping for themselves economic benefits that properly belong to developed countries and that these benefits should be paid over. But, while domestic advocates of the graduation concept sometimes sound like this, the concept is simply never presented this way in government-to-government discourse in the GATT. No developed country would ever ask a developing country to decrease its own level of economic welfare and especially not for the purpose of improving developed-country welfare.
Book Chapter
Defining the New Relationship – 1964–1971
THE SCHEDULING of the UNCTAD conference for the spring of 1964 precipitated an effort within the GATT to demonstrate more forcefully its commitment to the interests of developing countries. The first step was a decision to draft amendments to the legal text of the General Agreement that would consolidate the various strands of the GATT's emerging policy towards developing countries. Initially, it was contemplated that the new legal text would be placed in Article XVIII. The new text grew so long, however, that at the last moment it was re-packaged as a new Part IV of the General Agreement.PART IV OF THE GATTThe importance of Part IV is not easy to describe. From a technical point of view, Part IV added nothing to the existing legal relationship between developed and developing countries. Part IV was only a slightly more impressive statement of the urgent but non-binding texts that the Action Program had been issuing over the preceding five years, giving them a permanent form in the text of the General Agreement. The language of Part IV was a bit more legalistic, giving the illusion of greater commitment. Indeed, the title of the new Article XXXVII, “Commitments”, actually said so. In fact, however, the text of Part IV contained no definable legal obligations.
Book Chapter