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Social Regulation in the WTO

Social Regulation in the WTO
Author: Krista Nadakavukaren Schefer
Publisher: Edward Elgar Publishing
Total Pages: 337
Release: 2011-11-01
Genre: Juvenile Nonfiction
ISBN: 1849805423

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'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.


Free Markets and Social Regulation:A Reform Agenda of the Global Trading System Toward a New International Economic Law

Free Markets and Social Regulation:A Reform Agenda of the Global Trading System Toward a New International Economic Law
Author: Sungjoon Cho
Publisher: Kluwer Law International B.V.
Total Pages: 234
Release: 2003-01-01
Genre: Law
ISBN: 904119892X

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Free Markets and Social Regulation: A Reform Agenda of the Global Trading System has a twofold purpose to consider what has so far been accomplished in this vital mission in the field of international economic law, and to prescribe some solutions to continuing problems. This latter endeavor amounts to a coherent and integrated plan that will enhance the acceptability of free markets to governments, traders, and other stakeholders alike.


Making Globalization Work

Making Globalization Work
Author: Joseph E. Stiglitz
Publisher: W. W. Norton & Company
Total Pages: 401
Release: 2007-08-28
Genre: Business & Economics
ISBN: 0393330281

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Nobel Prize winner Stiglitz focuses on policies that truly work and offers fresh, new thinking about the questions that shape the globalization debate.


WTO Domestic Regulation and Services Trade

WTO Domestic Regulation and Services Trade
Author: Aik Hoe Lim
Publisher: Cambridge University Press
Total Pages: 395
Release: 2014-03-13
Genre: Business & Economics
ISBN: 1107062357

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Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.


Between Law and Diplomacy

Between Law and Diplomacy
Author: Joseph Conti
Publisher: Stanford University Press
Total Pages: 341
Release: 2010-12-21
Genre: Law
ISBN: 0804777381

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Between Law and Diplomacy crafts an insider's look at international trade disputes at one of the most important institutions in the global economy—the World Trade Organization. The WTO regulates the global rules for trade, and—unique among international organizations—it provides a legalized process for litigation between countries over trade grievances. Drawing on interviews with trade lawyers, ambassadors, trade delegations, and trade jurists, this book details how trade has become increasingly legalized and the implications of that for power relations between rich and poor countries. Joseph Conti looks closely at who uses the system to initiate and pursue disputes, who settles and on what terms, and the relative disconnect between pursuing a dispute and what a country gains through efforts to gain compliance with WTO dictates. Through this inside look at the process of disputing, Conti provides fresh perspective on how and why the law authorizes the use of specific resources and tactics in the ever unfolding struggle for control in the global economy.


Trade, Social Preferences and Regulatory Cooperation the New WTO-Think

Trade, Social Preferences and Regulatory Cooperation the New WTO-Think
Author: Thomas J. Bollyky
Publisher:
Total Pages: 35
Release: 2016
Genre:
ISBN:

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This paper advocates changes in the corporate governance of the World Trade Organization (WTO) to reflect the decline in tariffs and other border restraints to commerce and the emerging challenges of advancing freer trade and better regulation cooperation in a world economy dominated by global value chains. Together, these changes form an integration strategy that we refer to as the new WTO Think. This strategy remains rooted in the original rationale of the General Agreement on Trade and Tariffs (GATT) of reducing the negative externalities of unilateral action and solving important international coordination challenges, but is more inclusive of regulators and non-state actors and more flexible and positive in its means. In particular, we advocate that the WTO should embrace the confluence of shared social preferences and trade, where it exists, as a motivation for advancing international regulatory cooperation. The WTO should also multilateralize the important regulatory cooperation occurring in smaller clubs of like-minded countries and better facilitate the use of plurilateral agreements where consensus across all WTO members is not yet possible.


Most-favoured-nation Treatment

Most-favoured-nation Treatment
Author: United Nations Conference on Trade and Development
Publisher:
Total Pages: 164
Release: 2010
Genre: Political Science
ISBN:

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The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.


Essentials of WTO Law

Essentials of WTO Law
Author: Peter Van den Bossche
Publisher: Cambridge University Press
Total Pages: 349
Release: 2016-04-02
Genre: Law
ISBN: 1316571548

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At a time when developments in WTO law have made this field increasingly complex, this concise and non-technical introduction provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO. A variety of text features enables a rich understanding of the law: illustrative examples clarify important issues of the law and demonstrate the law's practical application; boxed summaries of key rulings in WTO case law highlight the interpretation of the relevant provisions and lead readers to a deep understanding of the meaning and application of legal rules; and recommendations for further reading allow readers to engage with current debates. Online resources include links to useful sources of information for work and research within the field. Co-written by a leading authority in the field, this is essential reading for anyone who wants to get to grips with this fascinating yet challenging field of law.


Self-Enforcing Trade

Self-Enforcing Trade
Author: Chad P. Bown
Publisher: Rowman & Littlefield
Total Pages: 301
Release: 2010-02-01
Genre: Political Science
ISBN: 0815704186

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The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.