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This book focuses on the rules-based multilateral trading system established by the World Trade Organization, with particular emphasis given to the rich and detailed jurisprudence developed by the WTO's Appellate Body. The book also devotes considerable attention to national laws operating in the shadow of the WTO system (such as antidumping and countervailing duty laws), and to interesting new developments associated with free trade agreements such as the USMCA. After introductory chapters on international economics, international law, and US constitutional and institutional issues relating to international trade regulation, the book explores the WTO's structure and takes a detailed look at its dispute settlement system. The heart of the book then treats the basic GATT rules on (i) trade liberalization (tariffs and quotas), (ii) non-discrimination (MFN and national treatment and the exceptions for FTAs, health and conservation), (iii) standards and (iv) trade remedies (safeguards, dumping and subsidies). Additional chapters cover trade in services, intellectual property issues and several other trade-related issues. The new 7th edition offers a basic understanding of the international economic system, the impact of international economic interdependence and the struggle of legal institutions to cope with this and other aspects of globalization.
Incorporates the Uruguay Round into the materials to the fullest extent possible. Includes the impact of international economic interdependence and the struggle of legal institutions to cope with that circumstance. Also offers a basic understanding of the international economic system as it operates in real life, and as it is constrained or aided by a number of fundamental legal institutions, including national and international constitutional documents and processes.
An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.
Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.
The phenomenal internationalization of taxation occurring in recent years has called for a second edition of this classic handbook. Even though a quarter of a century has passed, the farsighted first edition has remained in constant use worldwide and has even grown in importance. Now it has been thoroughly updated by the author, who has brought his piercing insight to bear on the current world of international tax law while retaining the book’s practical format, structure of primary materials, and detailed commentary. Emphasizing the need for an international consciousness in relation to issues of taxation, Professor Qureshi focuses extensively on the problems associated with fiscal jurisdiction, international constraints in domestic taxation, double taxation, and tax evasion and avoidance. In particular the following are covered: treaty law with specific reference to taxation; fiscal aspects of international monetary, investment, and trade law; enforcement of international tax claims; exchange of information; assistance in recovery of tax claims; mechanisms for the resolution of international tax disputes; base erosion and profit shifting in the framework of public international law; and contribution of international institutions to fiscal capacity development. Assimilating in one source the basic materials in public international law germane to taxation – including cases, texts of international agreements, discourse in secondary sources, and incisive commentary, all updated to the present – this new edition of the most authoritative and important book in its field will be of immeasurable value to tax practitioners worldwide, national taxation authorities, international institutions, and the international tax community more generally.
The law of international trade and the multilateral trading system -- Dispute settlement within the WTO -- The implementation of international trade obligations in the domestic legal order -- The core principles of the WTO : most favored nation and national treatment -- Trade in goods : customs and tariff law -- Non-tariff trade barriers -- General exceptions : trade and civil society -- Safeguards -- Developing countries -- Unfair trade remedies : anti-dumping and countervailing duties -- Trade in services and the GATS -- Foreign direct investment and the TRIMS -- Intellectual property and TRIPS -- Export controls
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.
International Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. Featuring cases, materials, and illustrative figures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics include the law of treaties, international organisations, the international protection of human rights, responsibility in international law, jurisdiction, diplomatic and consular law, territory in international law, the law of the sea, international air and space law, international economic law, international environmental law, and international humanitarian law. This comprehensive textbook will be essential reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular area of international law before exploring further.
Focuses on the rules-based multilateral trading system created by GATT, as greatly expanded and elaborated by the establishment of the World Trade Organization in 1995. Particular emphasis is given to the rich and detailed jurisprudence developed by the WTO's Appellate Body. Includes the impact of international economic interdependence and the struggle of legal institutions to cope with this and other aspects of globalization. Offers a basic understanding of the international economic system as it operates in real life, and as it is constrained or aided by a number of fundamental legal institutions, including national and international constitutional documents and processes.