This volume examines the General Agreement on Tariffs and Trade. It explains the amount of sovereignty that nations lose by joining the World Trade Organization and gains that ensure from the resulting cooperation. The policy aspects of the interface between national regulatory interventions and international disciplines are explored.

Product Description: This book is the third annual report of the American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2003 cover a wide range of WTO law...read more

Product Description: This book brings together the 2004-2005 output of the American Law Institute (ALI) project on World Trade Organization Law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics...read more

Product Description: This book analyzes the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history of the international trading system from the creation of the first GATT agreement in 1947 to the establishment of the World Trade Organization in 1994...read more

In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: antidumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors' choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it.Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigations are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play.Much like domestic investigating authorities adopt a line which is either more liberal or more protectionist in the application of trade remedies, the WTO adjudicator on numerous occasions was faced with similar policy problems in applying the general rules to the facts of the case before them. The authors point out that the adjudicating bodies have insisted on the unfair character of dumping in order to substantiate their relatively deferential standard of review. In the anti-dumping/countervailing duties context, case law has generally emphasized the limited character of the obligations on investigating authorities. This implies that domestic investigating authorities, following the evolution of case-law, are now facing a deferential standard of review when imposing antidumping and countervailing duties.The book offers a contrasting view of the Agreement on Safeguards, an instrument the use of which, according to the authors, could, in principle, be defensible: WTO members will have extra incentives to make commitments within a flexible contract. Moreover, safeguards can, in their view, help ease the pressures from domestic lobbies by facilitating (sometimes necessary) adjustment costs. However, the case law is described by the authors as having adopted a rather inflexible stance, the end result of which is that no imposition of safeguards has survived the test of consistency with WTO law. They identify the apparent rationale for the case law as an over-insistence on what they label the highly uninformative fair/unfair trade distinction.The economic analysis employed by the authors would suggest that - in the light of the unsatisfactory nature of antidumping measures, contrasted with the positive incentives inherent in safeguards - ultimately one could envisage merging the three instruments of contingent protection into one new safeguards instrument. Equally, they argue, this economic approach, combined with legal doctrine, offers great insight into the current provisions, allowing them to be interpreted in a more coherent and meaningful manner.

Product Description: This book brings together the 2009 output of the American Law Institute (ALI) project on World Trade Organization Law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics...read more

Product Description: Developing countries comprise the majority of the membership of the World Trade Organization. Many developing countries believe that the welfare gains that were supposed to ensue from the establishment of the WTO and the results of the Uruguay Round remain largely elusive...read more

Product Description: Examining developing countries within the WTO, it's easy to see there is a disconnect between what was expected from the WTO and what is actually being done for the developing countries. This book examines the different aspects of law within the WTO and how the developing countries are reacting to the Doha Developmental round, which took place after the September 11th attacks...read more

Product Description: The World Trade Organization (WTO) Agreement covers the vast majority of international commerce in goods and services. The Agreement covers not only measures that directly affect trade, such as import tariffs and import quotas, but potentially almost any type of internal measure with an impact on trade...read more

Product Description: This book brings together the 2011 output of the American Law Institute (ALI) project on World Trade Organization law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well-known experts in trade law and international economics...read more

Product Description: The book discusses the regulatory framework of contingent protection in the World Trade Organization - antidumping, countervailing duties, and safeguards - as well as an economic analysis of these instruments. The book's various chapters illuminate the basic functioning of all three...read more

Product Description: This volume assembles a stellar group of scholars and experts to examine preferential trade agreements (PTAs), a topic that has time and again attracted the interest of analysts. It presents a discussion of the evolving economic analysis regarding PTAs and the various dysfunctions that continually place them among the priority items for (re)negotiation by the WTO...read more