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What's Wrong with the WTO and How to Fix It

What's Wrong with the WTO and How to Fix It
Author: Rorden Wilkinson
Publisher: John Wiley & Sons
Total Pages: 261
Release: 2014-10-07
Genre: Political Science
ISBN: 0745686443

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We need a world trade organization. We just don't need the one that we have. By pitching unequally matched states together in chaotic bouts of negotiating the global trade governance of today offers - and has consistently offered - developed countries more of the economic opportunities they already have and developing countries very little of what they desperately need. This is an unsustainable state of affairs to which the blockages in the Doha round provide ample testimony. So far only piecemeal solutions have been offered to refine this flawed system. Radical proposals that seek to fundamentally alter trade governance or reorient its purposes around more socially progressive and egalitarian goals are thin on the ground. Yet we eschew deeper reform at our peril. In What's Wrong with the World Trade Organization and How to Fix It Rorden Wilkinson argues that without global institutions fit for purpose, we cannot hope for the kind of fine global economic management that can put an end to major crises or promote development-for-all. Charting a different path he shows how the WTO can be transformed into an institution and a form of trade governance that fulfils its real potential and serves the needs of all.


China and the WTO

China and the WTO
Author: Petros C. Mavroidis
Publisher: Princeton University Press
Total Pages: 262
Release: 2021-01-05
Genre: Business & Economics
ISBN: 0691206597

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"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.


Interpreting WTO Agreements

Interpreting WTO Agreements
Author: Asif H. Qureshi
Publisher: Cambridge University Press
Total Pages: 249
Release: 2006-12-07
Genre: Law
ISBN: 113945983X

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This book was first published in 2006. The case law of the World Trade Organization is now extensive, running into over one hundred cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi sets out here to identify some of the underlying problems of interpreting WTO agreements, within the context of different issues, problems, objectives and disciplines, and to comprehensively examine the underlying conditions for the interpretation of WTO agreements. He focuses on: the apparatus of interpretation in the WTO; the manner of interpreting institutional norms, national measures, and exceptions; the manner of facilitating the development objective; the manner of reconciling conflicting norms through interpretation; and finally the manner of interpreting the trade remedies agreements. Various perspectives on interpretation are proffered, particularly that of justice and development.


Managing the Challenges of WTO Participation

Managing the Challenges of WTO Participation
Author: Peter Gallagher
Publisher:
Total Pages: 668
Release: 2010-09-13
Genre: Business & Economics
ISBN: 0511138415

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Documents different experiences among economies in addressing the challenges of participating in the WTO.


Understanding the WTO

Understanding the WTO
Author:
Publisher: World Trade Organization
Total Pages: 116
Release: 2008
Genre: Commercial policy
ISBN: 9287034958

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Treaty Interpretation by the WTO Appellate Body

Treaty Interpretation by the WTO Appellate Body
Author: Isabelle Van Damme
Publisher:
Total Pages: 487
Release: 2009
Genre: Law
ISBN: 0199562237

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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.


The History and Future of the World Trade Organization

The History and Future of the World Trade Organization
Author: Craig VanGrasstek
Publisher:
Total Pages: 704
Release: 2013
Genre: Business & Economics
ISBN:

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The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.


The WTO Agreements

The WTO Agreements
Author: World Trade Organization
Publisher: Cambridge University Press
Total Pages: 543
Release: 2017-11-16
Genre: Business & Economics
ISBN: 1108423825

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Contains the complete and official texts of the WTO Agreements, collated in one volume.


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

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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.


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

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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.