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'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.
The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
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.
Deep trade agreements (DTAs) cover not just trade but additional policy areas, such as international flows of investment and labor and the protection of intellectual property rights and the environment. Their goal is integration beyond trade or deep integration. These agreements matter for economic development. Their rules influence how countries (and hence, the people and firms that live and operate within them) transact, invest, work, and ultimately, develop. Trade and investment regimes determine the extent of economic integration, competition rules affect economic efficiency, intellectual property rights matter for innovation, and environmental and labor rules contribute to environmental and social outcomes. This Handbook provides the tools and data needed to analyze these new dimensions of integration and to assess the content and consequences of DTAs. The Handbook and the accompanying database are the result of collaboration between experts in different policy areas from academia and other international organizations, including the International Trade Centre (ITC), Organisation for Economic Co-operation and Development (OECD), United Nations Conference on Trade and Development (UNCTAD), and World Trade Organization (WTO).
This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
It is becoming increasingly evident that traditional sovereignty is simply out of date. Instead, what we might call 'cooperative' sovereignty – which focuses on communication and interaction – is more responsive to the realities of interdependent economies in the twenty-first century. Nowhere is this more salient than in the area of dispute resolution, especially as labour, intellectual property, and the environment can no longer be evaded in trade negotiations. This ground-breaking book suggests that it is this shift in perspective that has given rise to the proliferation of Regional Trade Agreements (RTAs) and the inevitable overlaps and tensions between their provisions and those of the World Trade Organization (WTO). The author examines this phenomenon in great detail, and offers viable recommendations to restore coherence in the global trading system without upsetting the rights and obligations of WTO Member States. Because the WTO and RTAs must be viewed as layers of one system and must therefore have a relationship that extends to dispute settlement, such principles of subsidiarity as autonomy, mutual assistance, and flexibility are key to a successful institutional relationship between the WTO and RTAs. From this theoretical springboard, the author proceeds to analyse the following issues and more: – the relationship between WTO and RTAs based on Article XXIV of GATT; - the extent to which WTO panels can apply RTA law; - the extent to which the WTO panels can hear RTA claims; - opportunity for RTA Members to secure preliminary rulings and advisory opinions from the WTO; - recognition by WTO panels of the results of litigation or arbitration that took place at the RTA level; - opportunity for RTA Members to appeal RTA dispute settlement decisions to the WTO; and - clarification of WTO rules designed to enable RTA activities (or intervene if necessary). Major cases decided at the WTO and RTA levels that manifest conflict between RTAs and the WTO are fully analysed. Confronting directly the stagnation in negotiating and concluding new trade agreements at the multilateral level and the fragmentation of the international trade law system, this important book shows clearly how the institutional relationship between the WTO and RTAs can be restructured with a view to establishing mutual recognition of the judgments of both. In a nutshell, the book calls for reconfiguration of WTO Dispute Settlement Body to perform functions of World Trade Court that is capable of hearing disputes arising between WTO Members, RTA Members and Non-WTO Members. It will prove invaluable to all involved in the negotiation and implementation of trade agreements at every level.
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
The case law of the World Trade Organization is extensive, now running into some three hundred decided cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi identifies some of the underlying problems of interpreting WTO agreements, and examines the conditions for the interpretation of these agreements. Since the first edition of this book, the case law has grown, and the interpretation evolved further. This second edition addresses these developments and engages in the contemporary discourse on the subject. Also included is a new section on issues of interpretation relating to preferential trade agreements and the WTO. This book is an essential tool for WTO trade specialists, as well as government and judicial officers concerned with interpreting these agreements.