Review Of The Effectiveness Of Trade Dispute Settlement Under The Gatt And The Tokyo Round Agreements

Author : United States International Trade Commission
Publisher :
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.97/5 ( download)

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Download or read book Review of the Effectiveness of Trade Dispute Settlement Under the Gatt and the Tokyo Round Agreements written by United States International Trade Commission and published by . This book was released on 1985 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : L. Lee Tuthill
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.01/5 ( download)

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Download or read book Review of the Effectiveness of Trade Dispute Settlement Under the GATT and the Tokyo Round Agreements written by L. Lee Tuthill and published by . This book was released on 1985 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Thomas Alexander Zimmermann
Publisher : Cameron May
ISBN 13 : 1905017170
Total Pages : 321 pages
Book Rating : 4.71/5 ( download)

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Download or read book Negotiating the Review of the WTO Dispute Settlement Understanding written by Thomas Alexander Zimmermann and published by Cameron May. This book was released on 2006 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the establishment of the WTO on 1 January 1995, the dispute settlement mechanism has arguably been the most active part of the Organization. In the first ten years up to 31 December 2004, a total of 324 consultation requests have been notified to the WTO. Dispute settlement practice has thus contributed to the evolution of the multilateral trading system even at times when political negotiations made little head way. Since late 1997, Members have engaged, under different mandates, in negotiations on improvements and clarifications to the dispute settlement mechanism. So far, none of these efforts have borne fruit and all the negotiating deadlines have lapsed without success. Currently, negotiations are continuing, however without any specific time limit. This book reviews the DSU reform negotiating process since 1998. It discusses the proposals that Members have submitted under the Doha mandated review in 2002 and 2003, w

Author : Dencho Georgiev
Publisher : Cameron May
ISBN 13 : 1905017243
Total Pages : 488 pages
Book Rating : 4.49/5 ( download)

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Download or read book Reform and Development of the WTO Dispute Settlement System written by Dencho Georgiev and published by Cameron May. This book was released on 2006 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.

Author : Ross Becroft
Publisher : Edward Elgar Publishing
ISBN 13 : 178100224X
Total Pages : 289 pages
Book Rating : 4.47/5 ( download)

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Download or read book The Standard of Review in WTO Dispute Settlement written by Ross Becroft and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Author : United States. Congress. Senate. Committee on Finance
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.29/5 ( download)

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Download or read book World Trade Organization (WTO) Dispute Settlement Review Commission Act written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 1995 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Gabrielle Marceau
Publisher : Conran Octopus
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.37/5 ( download)

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Download or read book The WTO Dispute Settlement Procedures written by Gabrielle Marceau and published by Conran Octopus. This book was released on 1995 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : World Trade Organization
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.36/5 ( download)

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Download or read book GATT Dispute Settlement Reports written by World Trade Organization and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Compiles all dispute settlement reports issued under the General Agreement on Tariffs and Trade (GATT 1947), including its Tokyo Round plurilateral codes, from 1948 to 1995. This compilation includes both adopted and unadopted reports.The GATT documents containing the reports are reproduced in English in their original form and without any modifications. They are presented in chronological order based on the initiation date of the dispute, with each case identified by a unique GATT dispute (GD) number. A cover page for each dispute provides the report's adoption status, the date it was issued and any GATT or WTO disputes directly related to the dispute in question. At the end of each volume, there is a list of all GATT dispute settlement reports contained within the series, with references to the relevant volume and page numbers"--Publisher's website.

Author : Rahmat Mohamad
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.39/5 ( download)

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Download or read book Understanding Dispute Settlement Mechanisms in the World Trading System written by Rahmat Mohamad and published by . This book was released on 2004 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Andrew D Anderson
Publisher : Routledge
ISBN 13 : 1000311163
Total Pages : 318 pages
Book Rating : 4.67/5 ( download)

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Download or read book Seeking Common Ground written by Andrew D Anderson and published by Routledge. This book was released on 2019-06-26 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 1, 1989 the Canadian government began to implement the free trade deal that it had completed with the Government of the United States on October 4, 1987. Before signing the Canada-U.S. Free Trade Agreement (FTA) the Canadian government had sought exemption from the use by the United States of its ‘unfair’ trade law system of anti-dumping (AD) and countervailing duties (CVDs). While the U.S. ‘unfair’ trade law system is presumed to be based on principles agreed to in the General Agreement on Tariffs and Trade (GATT), economists, and other scholars, have contended that the system is not being applied properly; by reducing the harm caused by the margin of the foreigners' subsidy or dumping practices. Instead, it is being used to provide shelter to U.S. based corporations and industries seeking import relief, where shelter represents a type of administered trade protection, since the actions are undertaken and paid for by the U.S. government. This abuse came to represent a serious problem for Canadian producers in the1980s, who are extremely reliant on exports to the United States. To an increasing degree they believed they had become the target of U.S. trade law actions by their U.S. competitors. The United States was, however, not prepared to eliminate its ‘unfair’ trade law system for Canada, but instead, agreed to the setting up of two dispute settlement mechanisms (DSMs) where Canadian and American citizens could sit on binational panels to hear the final review of complaints lodged against the administrative agencies actions in either country on AD and CVD cases under Chapter Nineteen of the FTA or on general trade disputes under Chapter Eighteen of the FTA. This book critically examines the development and implementation of these two DSMs over the January 1, 1989 to August 15, 1994 period. It also provides a broader analysis of the issues surrounding the problems of the application of the ‘unfair’ trade laws, by examining the Canada-U.S. FTA's DSM systems against the present use by Canada and the United States of the procedures available under the 1979 GATT Subsidies Code. It also examines the changes that have been made in the 1994 GATT Subsidies Code and the North American Free Trade Agreement (NAFTA) which has incorporated, with revisions, Chapter Eighteen and Nineteen as Chapter Twenty and Nineteen of the NAFTA, respectively, and extended access to these mechanisms to Mexico. This book primarily focuses on the application of CVDs and the adverse international affects of governments subsidies practices, though many of the issues raised are also applicable to the application of AD duties and the private subsidization activities of firms. The book finds that, first; the Chapter Nineteen DSM may provide some short-term benefits to Canadian producers, but for ensuring the long-run 313stability of Canadian producers access to their U.S. markets, including the eradication of harassment by U.S. based producers using the ‘unfair’ trade laws, Canada still needs to push for major changes to the CVD and AD processes in the NAFTA mandated Working Groups. Second, if Chapter Eighteen, or now Twenty of the NAFTA, is going to best serve the interests of Canadian, American and Mexican citizens, then it is going to have to be seriously revised to take into account some type of consumer welfare criterion. As NAFTA is presently written it has a strong bias, carried over from the Canada-U.S. FTA, toward producer interests which may detract from the long run interests of consumers in the NAFTA area. The ability of groups who seek redress for the closing of markets in the NAFTA area by the three Parties to the Agreement is very weak at the present time.