Adjudication of International Trade Disputes
Author | : Robert E. Hudec |
Publisher | : |
Total Pages | : 106 |
Release | : 1978 |
Genre | : Law |
ISBN | : |
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Author | : Robert E. Hudec |
Publisher | : |
Total Pages | : 106 |
Release | : 1978 |
Genre | : Law |
ISBN | : |
Author | : Ernst-Ulrich Petersmann |
Publisher | : |
Total Pages | : 460 |
Release | : 1992 |
Genre | : Arbitration (International law) |
ISBN | : |
Author | : Christina L. Davis |
Publisher | : Princeton University Press |
Total Pages | : 345 |
Release | : 2012-05-27 |
Genre | : Political Science |
ISBN | : 1400842514 |
The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Author | : Sivan Shlomo Agon |
Publisher | : Oxford University Press |
Total Pages | : 352 |
Release | : 2019-09-12 |
Genre | : Law |
ISBN | : 019109336X |
Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, are the WTO DSS expected to achieve? Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.
Author | : James C. Hartigan |
Publisher | : Emerald Group Publishing |
Total Pages | : 510 |
Release | : 2009-02-01 |
Genre | : Political Science |
ISBN | : 1848552068 |
Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
Author | : Szilárd Gáspár-Szilágyi |
Publisher | : Cambridge University Press |
Total Pages | : 341 |
Release | : 2020-07-02 |
Genre | : Business & Economics |
ISBN | : 1108487408 |
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.
Author | : Christina L. Davis |
Publisher | : Princeton University Press |
Total Pages | : 344 |
Release | : 2012-05-27 |
Genre | : Business & Economics |
ISBN | : 0691152764 |
The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Author | : Robert Howse |
Publisher | : Cambridge University Press |
Total Pages | : 548 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 1108342787 |
The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.
Author | : David Palmeter |
Publisher | : Cambridge University Press |
Total Pages | : 356 |
Release | : 2004-04 |
Genre | : Business & Economics |
ISBN | : 9780521530033 |
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.
Author | : Szilárd Gáspár-Szilágyi |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Foreign trade regulation |
ISBN | : 9781108766678 |
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.