The Standard of Review in WTO Dispute Settlement - 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 Standard of Review in WTO Dispute Settlement write by Ross Becroft. This book was released on 2012-01-01. The Standard of Review in WTO Dispute Settlement available 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.
Standards of Review in WTO Dispute Resolution
Standards of Review in WTO Dispute Resolution - 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 Standards of Review in WTO Dispute Resolution write by Matthias Oesch. This book was released on 2003. Standards of Review in WTO Dispute Resolution available 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.
Standard of Review in WTO Law
Standard of Review in WTO 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 Standard of Review in WTO Law write by . This book was released on 2010. Standard of Review in WTO Law available 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.
Standard of Review in WTO Dispute Settlement
Standard of Review in WTO Dispute Settlement - 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 Standard of Review in WTO Dispute Settlement write by Shivam Goel. This book was released on 2014. Standard of Review in WTO Dispute Settlement available 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 WTO Dispute Settlement System
The WTO Dispute Settlement System - 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 WTO Dispute Settlement System write by Mavroidis, Petros C.. This book was released on 2022-07-15. The WTO Dispute Settlement System available 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.
