On The Legal Theory Of Compliance With Wto Rulings And Mutually Agreed Solutions
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Author | : Akhil Raina |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : |
ISBN | : |
Download On the Legal Theory of Compliance with WTO Rulings and Mutually Agreed Solutions Book in PDF, Epub and Kindle
Author | : Yenkong Ngangjoh Hodu |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 232 |
Release | : 2012-08-01 |
Genre | : Law |
ISBN | : 9041142088 |
Download Theories and Practices of Compliance with WTO Law Book in PDF, Epub and Kindle
Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.
Author | : Mavroidis, Petros C. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : 2022-07-15 |
Genre | : Political Science |
ISBN | : 1803921749 |
Download The WTO Dispute Settlement System Book in PDF, Epub and Kindle
This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
Author | : Isabelle Van Damme |
Publisher | : |
Total Pages | : 487 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0199562237 |
Download Treaty Interpretation by the WTO Appellate Body Book in PDF, Epub and Kindle
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, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Author | : Clifford J. Carrubba |
Publisher | : Cambridge University Press |
Total Pages | : 253 |
Release | : 2015 |
Genre | : Law |
ISBN | : 1107065720 |
Download International Courts and the Performance of International Agreements Book in PDF, Epub and Kindle
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
Author | : Joost Pauwelyn |
Publisher | : Cambridge University Press |
Total Pages | : 557 |
Release | : 2003-07-31 |
Genre | : Law |
ISBN | : 1139436902 |
Download Conflict of Norms in Public International Law Book in PDF, Epub and Kindle
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Author | : World Trade Organization |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2017-09-14 |
Genre | : Business & Economics |
ISBN | : 1108417272 |
Download A Handbook on the WTO Dispute Settlement System Book in PDF, Epub and Kindle
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author | : Weihuan Zhou |
Publisher | : Bloomsbury Publishing |
Total Pages | : 280 |
Release | : 2019-10-03 |
Genre | : Law |
ISBN | : 1509913564 |
Download China’s Implementation of the Rulings of the World Trade Organization Book in PDF, Epub and Kindle
Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.
Author | : Peter Gallagher |
Publisher | : |
Total Pages | : 668 |
Release | : 2010-09-13 |
Genre | : Business & Economics |
ISBN | : 0511138415 |
Download Managing the Challenges of WTO Participation Book in PDF, Epub and Kindle
Documents different experiences among economies in addressing the challenges of participating in the WTO.
Author | : Chios Carmody |
Publisher | : Cambridge University Press |
Total Pages | : 529 |
Release | : 2023-12-31 |
Genre | : Law |
ISBN | : 1009463640 |
Download A Communitarian Theory of WTO Law Book in PDF, Epub and Kindle
Since 1995 there has been intense debate about whether the WTO Agreement is just. Many observers point to the association of the treaty with intensive interdependence and the disruptive effects of globalization to assert that it is unjust. Nevertheless, justice in sovereign terms is different from justice in human terms. This book puts forward a theory of WTO law to explain the difference and its implications for the international trading system. It details how economic interdependence gives rise to an interdependent view of the relationship between different forms of justice and to interdependent obligations in WTO law. It also suggests how the WTO dispute settlement system might have a residual value as a locus for transformative outcomes despite contemporary concerns about the system's political acceptability. Taken together, such insights may assist in identifying elements of a general theory of law.