Non-discrimination in the World Trade Organization - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Non-discrimination in the World Trade Organization write by William J. Davey. This book was released on 2012-06-28. Non-discrimination in the World Trade Organization available in PDF, EPUB and Kindle. International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the most favoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
The Law and Policy of the World Trade Organization
The Law and Policy of the World Trade Organization - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law and Policy of the World Trade Organization write by Peter Van den Bossche. This book was released on 2005-06-10. The Law and Policy of the World Trade Organization available in PDF, EPUB and Kindle. This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
Regulatory Barriers and the Principle of Non-discrimination in World Trade Law
Regulatory Barriers and the Principle of Non-discrimination in World Trade Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulatory Barriers and the Principle of Non-discrimination in World Trade Law write by Thomas Cottier. This book was released on 2010-05-18. Regulatory Barriers and the Principle of Non-discrimination in World Trade Law available in PDF, EPUB and Kindle. The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year. The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all. Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck. Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.
Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law
Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law write by Andrew D. Mitchell. This book was released on 2016-12-30. Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law available in PDF, EPUB and Kindle. Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Non-Discrimination in International Trade in Services
Non-Discrimination in International Trade in Services - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Non-Discrimination in International Trade in Services write by Nicolas F. Diebold. This book was released on 2010-10-21. Non-Discrimination in International Trade in Services available in PDF, EPUB and Kindle. The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
