Standards Of Review In Wto Dispute Resolution PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Standards Of Review In Wto Dispute Resolution PDF full book. Access full book title Standards Of Review In Wto Dispute Resolution.

Standards of Review in WTO Dispute Resolution

Standards of Review in WTO Dispute Resolution
Author: Matthias Oesch
Publisher: Oxford University Press, USA
Total Pages: 306
Release: 2003
Genre: Business & Economics
ISBN: 9780199268924

Download Standards of Review in WTO Dispute Resolution Book in PDF, ePub and Kindle

This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.


The Standard of Review in WTO Dispute Settlement

The Standard of Review in WTO Dispute Settlement
Author: Ross Becroft
Publisher: Edward Elgar Publishing
Total Pages: 289
Release: 2012-01-01
Genre: Political Science
ISBN: 178100224X

Download The Standard of Review in WTO Dispute Settlement Book in PDF, ePub and Kindle

'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' David A. Gantz, The University of Arizona, US 'Ross Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement.' Bryan Mercurio, The Chinese University of Hong Kong 'This is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future.' Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-General This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organisations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organisations in general.


Standard of Review in WTO Law

Standard of Review in WTO Law
Author:
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

Download Standard of Review in WTO Law Book in PDF, ePub and Kindle

There is no escaping standard of review in WTO dispute settlement. While the contested national measure and the claims made change from case to case, standard of review is a constant feature. In every case, panels and the Appellate Body must decide how intensively a measure should be reviewed and how much deference should be granted to national decision makers. Standard of review, therefore, plays a central role in defining the powers of national authorities in the trade field. In recent years, perhaps the most frequent criticism made of panels and the Appellate Body is that they have been overly intrusive in their review of national measures. This article explores the role and operation of standard of review in WTO law. It begins with the basic requirement that panels must make an `objective assessment of the matter` and argues that this requirement does not specify the precise nature or intensity of review that panels undertake. The article goes on to consider how panels and the Appellate Body have approached the review of legal and factual determinations, as well as of different types of national measure. In particular, the article examines the review of trade remedy measures, SPS and TBT measures, and measures covered by the GATT 1994. The case-law indicates that the character of review changes with the nature of the determination at issue and also with the obligations in the covered agreement in consideration. The article suggests that the differing approaches to review reflect differences in the covered agreements themselves regarding the respective roles of panels and national authorities.


A Handbook on the WTO Dispute Settlement System

A Handbook on the WTO Dispute Settlement System
Author: World Trade Organization
Publisher: Cambridge University Press
Total Pages: 417
Release: 2017-09-14
Genre: Law
ISBN: 1108417272

Download A Handbook on the WTO Dispute Settlement System Book in PDF, ePub and Kindle

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.


The WTO Dispute Settlement System

The WTO Dispute Settlement System
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.


Standard of Review in WTO Dispute Settlement

Standard of Review in WTO Dispute Settlement
Author: Shivam Goel
Publisher:
Total Pages: 46
Release: 2014
Genre:
ISBN:

Download Standard of Review in WTO Dispute Settlement Book in PDF, ePub and Kindle

What does the term "standard of review" means in regards to WTO Dispute Settlement Understanding? What are the various approaches to the standard of review in regards to DSU? How principally the deference principle, the de-novo principle and the objective assessment test, differ from each other so far as standard of review in WTO DSU is concerned? What is the underlining jurisprudence behind Article 11 of the DSU?These are some of the moot questions which the Researcher will attempt to answer in this research paper.


The World Trade Organization

The World Trade Organization
Author: Mitsuo Matsushita
Publisher: Oxford University Press
Total Pages: 942
Release: 2015
Genre: Business & Economics
ISBN: 0199571856

Download The World Trade Organization Book in PDF, ePub and Kindle

This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.


WTO Dispute Settlement and the TRIPS Agreement

WTO Dispute Settlement and the TRIPS Agreement
Author: Matthew Kennedy
Publisher: Cambridge University Press
Total Pages: 0
Release: 2018-12-20
Genre: Law
ISBN: 9781316507896

Download WTO Dispute Settlement and the TRIPS Agreement Book in PDF, ePub and Kindle

The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.