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"World Trade Organization Rules and practice."
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The WTO and the Environment
This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO's interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment.
The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.
eBook
Promoting good governance, development and accountability : implementation and the WTO
\"In addressing the politics of the international regulation of public procurement, this book fills a major gap in the literature. Brown-Shafii does this by investigating whether a WTO Agreement can be used to promote good governance, development and accountability.\"-- Provided by publisher.
BOOK
The Law, Economics and Politics of Retaliation in WTO Dispute Settlement
The WTO allows its members to retaliate in the face of continued non-compliance. After more than ten years' operation and ten arbitration disputes, this volume assesses the law, economics and politics of trade sanctions in WTO dispute settlement. Including more than thirty contributions from leading academics, trade diplomats and practitioners, it offers a thorough analysis of the legal rules on permissible WTO retaliation as well as an assessment of the economic rationale and calculations behind the mechanism. In addition, it provides first hand experiences of those countries that have obtained WTO authorisation to retaliate, ranging from the United States and the EC to Mexico and Antigua. In this assessment, the question of how to make the system work also for small countries is paramount. Finally, the volume spells out lessons that could be learned from related fields such as remedies for non-compliance in investment arbitration and competition or anti-trust regimes.
eBook
Regulatory barriers and the principle of non-discrimination in world trade law
The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year. The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of \"like product\" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.
eBook
Regulatory Barriers and the Principle of Non-discrimination in World Trade Law
The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.
The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of \"like product\" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.
Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.
Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.
eBook
Controlling Institutions
How is the United States able to control the IMF with only 17 per cent of the votes? How are the rules of the global economy made? This book shows how a combination of formal and informal rules explains how international organizations really work. Randall W. Stone argues that formal rules apply in ordinary times, while informal power allows leading states to exert control when the stakes are high. International organizations are therefore best understood as equilibrium outcomes that balance the power and interests of the leading state and the member countries. Presenting a new model of institutional design and comparing the IMF, WTO, and EU, Stone argues that institutional variations reflect the distribution of power and interests. He shows that US interests influence the size, terms, and enforcement of IMF programs, and new data, archival documents, and interviews reveal the shortcomings of IMF programs in Mexico, Russia, Korea, Indonesia, and Argentina.
eBook