Home » WORLD TRADE ORGANISATION (WTO)

WORLD TRADE ORGANISATION (WTO)

Sold out

P.A. van Laar (ed.)
Pages: 763 pages
Shipping Weight: 1300 gram
Published: 2021
Publisher: WLP
Language: US
ISBN (softcover) : 9789058502094

Product Description

This book is a practical guide for those who are working within the field of trade, or trade law. It contains the most quoted agreements on world trade. These agreements together provide a basic insight in the regulations concerning world trade. Since its existence, the World Trade Organization (WTO) has agreed on several important legal basic rules for international commerce. These agreements are negotiated and signed by most of world’s trading nations, and are contracts with a binding legal force to prevent governments from exceeding international trade limits. Although signed by governments, the purpose of these agreements is to help producers of goods and services, exporters and importers to carry out their business, while at the same time allowing governments to meet social and environmental objectives.

R. Vargas-Amaral
Pages: 247 pages
Shipping Weight: 350 gram
Published: 03-2012
Publisher: WLP
Language: US
ISBN (softcover) : 9789058508171

Product Description

As the multilateral trade relations multiply and become more sophisticated, trade disputes governed by the WTO also tend to become more frequent. In fact, since 1995 there was a significant increase in disputes brought before the WTO, compared to the number of disputes discussed before GATT. The large number of controversies not only indicates that there are disagreements among members about the inconsistency of trade measures, but also that the establishment of a rules engine resulted in a more secure and comfortable environment to solve disputes. The dispute settlement system provides stability to the multilateral trade and reflects the credibility of its members to solve disputes under a system of legalized and predictable solution. However, although the system appears to be very effective - especially due to the high rate of compliance with WTO decisions, there are gaps and inconsistencies that should not be overlooked. This research focuses on the phase of implementation of decisions adopted by the DSB. This is the stage when the economic asymmetries are emphasized, since the greater or lesser importance of access to certain market seems to be crucial to the decision to comply with a WTO ruling. In fact, if one loser developed member in a dispute against a developing country member prefer to pay the price of failure rather than comply with the decision, there seems to be no effective way to induce compliance. Considering this scenario, the present study is interested in the solutions given by the DSU in dealing with compliance issues and implementing decisions in accordance with its provisions. In particular, this study focuses on the cross-retaliation in IP rights, a mechanism that is appointed by the academy and by professionals as a possible solution to the economic asymmetries between opponents in a trade dispute. Even though it seems to be a very interesting solution for developing country members, this dissertation concluded that cross-retaliation in IP rights can function in very specific situations, depending on the domestic market size, domestic legislation, international commitments and political pressure.

 

Emmanuel Opoku Awuku
Pages: 300 pages
Shipping Weight: 600 gram
Published: 07-2006
Publisher: WLP
Language: US
ISBN (softcover) : 9789058502216

Product Description

This book examines the relationship between trade and environment, particularly the apparent conflict between trade liberalization and environmental protection. Special attention is given to the situation of developing countries, which depend heavily on the exploitation of their natural resources for economic growth resulting in many cases in serious environmental degradation. On the other hand, environment-related trade measures imposed by developed countries restrict market access for exports by developing countries. 

This book looks at the following questions in details:
1. What interaction exists between trade policies and environmental measures?
2. To what extend does the WTO environmental regime address trade-related environmental issues?
3. What problems do developing countries face in view of new environmental related trade measures? 4. What solutions does the partnership Agreement between the EU and the ACP states – a new model for trans-regional trade agreements – offer with regard to environment-related trade problems?

In order to examine the kind of problems that developing countries face in greater detail, the case study focuses on the forest sector and timber industry in Ghana. The following issues are giving special attention:
1. What are the causes of environmental degradation, in particular deforestation in Ghana?
2. How does Ghana respond to the need of protecting the environment while promoting exports for economic growth?
3. In what ways does Ghana respond to environment-related trade measures arising from higher environmental standards in developed countries?
4. To what extend does the new forest legislation in Ghana correspond to the principles of sustainable forest management?
5. What role do forest institutions, traditional local communities and other stakeholders play in terms of implementing sustainable forest management practices?

The book is recommended to international lawyers working on law and development issues; NGOs; those working for international institutions such as the World Bank Group; international economic law students; an those pursing trade law and development studies.

Arkady Kudryavtsev
Pages: 594 pages
Shipping Weight: 980 gram
Published: 09-2015
Publisher: WLP
Language: US
ISBN (softcover) : 9789462402553

Product Description

Private-sector standards are playing an increasingly important role in international trade and are being widely applied within national and international markets by a large variety of players, including supermarket chains, transnational corporations, and manufacturers of goods. Because they are developed, adopted and applied by non-governmental standard-setting entities, private-sector standards are voluntary de jure, i.e. their application is not legally mandatory. However, due to the immense purchasing power of big retail chains and multinational corporations which frequently apply such standards, compliance with these standards may become mandatory de facto for suppliers in order to gain real market access.

The WTO is the major international organization dealing with issues of international trade in goods on a multilateral level. The proliferation and wide application of private-sector standards, however, seems to present a number of serious challenges for the WTO system. Indeed, if compliance with the requirements of private-sector standards becomes a predominant factor for real access to the markets of goods of WTO Members but the WTO is not able to address this factor, this may potentially render the WTO regulatory system for technical barriers to trade practically irrelevant. Moreover, if WTO Members are allowed to encourage and provide meaningful incentives for the development, adoption and application of private-sector standards that are inconsistent with the relevant WTO rules, these rules of WTO law could then be circumvented by the Members through such regulatory practices. In other words, private-sector standards may pose the risk of “blurring” the existing WTO legal framework for technical barriers to trade in goods.

The present study explores the “world” of private-sector standards, as well as those WTO rules which may be relevant for the regulation of these standards and for addressing the challenges they pose. This study thus contributes to the clarification and the better understanding of the rules applicable to private-sector standards on the multilateral level according to the relevant provisions of WTO law. It also offers a number of proposals and recommendations for the further development of the WTO regulatory system in this area.

an examination of the WTO-consistency of direct corporate tax incentives for the development of renewable energy
Ni Ghiollarnath, C.
Pages: 350 pages
Shipping Weight: 510 gram
Published: 01-2011
Publisher: WLP
Language: US
ISBN (softcover) : 9789058506061

Product Description

Subsidies in the form of tax incentives are and have been a popular policy choice of governments providing financial support for the development and promotion of new technologies. This thesis concentrates on the introduction of direct corporate tax incentives for the development and increased use of renewable energy resources in light of Kyoto Protocol obligations.  

Although tax incentives provided for the development of renewable energy resources can have positive results in light of Kyoto Protocol obligations, the provision of such incentives is not without restrictions. This thesis examines the tenuous relationship between environmental protection, tax and trade by examining whether direct tax incentives currently in place in six countries (Ireland, the UK, the Netherlands, Belgium, Canada and New Zealand) are in line with EU and WTO obligations. 

EU State aid rules restrict the provision of subsidies by Member States and thus the compatibility of the case study tax incentives with the EU legal environment is explored in this thesis. The examination of the WTO rules on subsidies and the consistency of the case study tax incentives with those rules is explored in-depth. In this book, suggestions are made for positive changes to be made to the current WTO legal regime creating room for environmentally-motivated subsidies such as those in place in the case study countries for the development of renewable energy.

Dr. Saleh Al Shraideh
Pages: 320 pages
Shipping Weight: 550 gram
Published: 04-2013
Publisher: WLP
Language: US
ISBN (softcover) : 9789058509826

Product Description

 

This thesis examines the participation of developing countries in the dispute settlement system of the WTO, and argues that they are in a disadvantageous position compared to their developed counterparts. The system’s failure to effectively address or efficiently deal with this position is an evidence of its bias against and deficiency towards developing countries’ participation. The thesis focuses on the problematic issues developing countries face throughout their use of the system. It also considers the role that the DSU has played in addressing these issues and the efficiency of that role in restraining and limiting their effect on developing countries’ participation in the system. The thesis analyses some ideas on the reform of the DSU that have been proposed through WTO negotiations or literature, and discusses their applicability on the current dispute settlement system. Finally, the thesis employs these proposals along with its discussion on the subject to introduce a reformed model of the DSU which is more sensitive to developing countries’ concerns in the system in order to help providing an understanding of how such modifications could be carried out in future reforms on the DSU.

 

Vedder, A.
Pages: 208 pages
Shipping Weight: 450 gram
Published: 07-2003
Publisher: WLP
Language: US
ISBN (softcover) : 9789058500373

Product Description

Do the WTO agreements leave room to do justice to concerns regarding animals and nature? In the eight contributions to this volume, the relevant provisions in the WTO agreements, multilateral agreements, and European law and regulation are analyzed, in order to see to what extent they restrict the possibilities of national governments to make policies and legislation regarding the protection of animals and nature. In addition, solutions in terms of a reinterpretation of some core provisions in the WTO agreements and extralegal solutions for the restrictions through voluntary codes of conduct of multinationals and activities of nongovernmental organizations are explored and critically discussed.

Contributions by:- Frans W.A. Brom, Ph.D., teaches ethics at the Faculty of Theology and is a senior researcher at the Centre for Bioethics and Health Law of Utrecht University. - Anne-Marie de Brouwer, LL.M., is a researcher at the Faculty of Law of Tilburg University. - Wibren van der Burg, Ph.D., is a Professor of Jurisprudence at the Faculty of Law of Tilburg University. - Geert van Calster, LL.M., Ph.D., teaches and researches European and international environmental law, European economic law, and international trade law at the Faculty of Law of the Catholic University of Leuven. He is a member of the Brussels Bar and an associate in the DLA Caestecker Brussels office.- Wim Dubbink, Ph.D., is an Assistant Professor at the Faculty of Public Administration at the Vrije Universiteit Amsterdam.- Marsha A. Echols, LL.M., J.D., is a Professor of International Economic Law and International Business Transactions at the Howard University Law School, Washington DC.- Franck Meijboom is a researcher at the Centre for Bioethics and Health Law at Utrecht University.- Anton Vedder, Ph.D., is an Associate Professor of Law and Ethics at the Faculty of Law of Tilburg University.

Siamak Amoozeidi
Pages: 486 pages
Shipping Weight: 1000 gram
Published: 10-2017
Publisher: WLP
Language: US
ISBN (softcover) : 9789462404137
ISBN (Epub) : 9789462404342

Product Description

While Iran already applied in 1996 for accession to the World Trade Organization, it is not a WTO Member yet. There are several factors which have contributed to the prolongation of Iran’s accession process. They are mostly not related to trade issues. Important among these non-trade related factors is a legal impediment that originates from a conflict between Iran’s Constitution and the WTO Dispute Settlement Understanding. It is this legal impediment, and how it can be overcome by using Iran’s domestic law mechanisms, which is the focus of this book.

 

Siamak Amoozeidi has been a legal advisor to Iran’s constitutional institutions and European companies. He has conducted research on human rights, crime prevention, controlling illicit drugs, judicial independence and public international law in Iran and, since 2008, on international economic, trade and investment law in the Netherlands.

 

Seek and you shall find
Kelly Kuan Shang
Pages: 292 pages
Shipping Weight: 450 gram
Published: 10-2017
Publisher: WLP
Language: US
ISBN (softcover) : 9789462404144
ISBN (Epub) : 9789462404311

Product Description

 

This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions?

 

This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values.

 

A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong’s export ban of baby milk formula, the European Union’s economic sanctions against Russia, as well as New Zealand’s export quality requirement for wine, single export desk requirement for kiwifruits, and export ban of certain minerals with spiritual values. Analysis of these case studies revealed several underexplored types of export restrictions, and further demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators.

 

Kelly Kuan Shang is a PhD Researcher at Maastricht University. She received a JD from the University of Hong Kong (St John’s College). She is admitted to practice law in Australia and New Zealand. Her research interests are international trade law and public international law.