Atnaujinkite slapukų nuostatas

World Trade Law: Text, Materials and Commentary [Minkštas viršelis]

4.42/5 (17 ratings by Goodreads)
  • Formatas: Paperback / softback, 908 pages, aukštis x plotis x storis: 244x170x45 mm, weight: 1417 g, 1, black & white illustrations
  • Išleidimo metai: 28-Mar-2008
  • Leidėjas: Hart Publishing
  • ISBN-10: 1841136603
  • ISBN-13: 9781841136608
Kitos knygos pagal šią temą:
  • Formatas: Paperback / softback, 908 pages, aukštis x plotis x storis: 244x170x45 mm, weight: 1417 g, 1, black & white illustrations
  • Išleidimo metai: 28-Mar-2008
  • Leidėjas: Hart Publishing
  • ISBN-10: 1841136603
  • ISBN-13: 9781841136608
Kitos knygos pagal šią temą:
This new textbook on world trade law offers a unique perspective on this important subject in a number of ways. It is the first book to combine the best aspects of both the casebook and legal analysis approaches. It provides both detailed explanations and analysis of the law - to help understand the issues as well as case extracts - to offer a flavor of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the US, Europe, the UK, Asia, and elsewhere in the world. For instance, where domestic regulatory issues come into play, the book examines a variety of country practices, to illustrate how the rules apply around the world. The book provides an ideal learning tool to appeal to students across the globe.

This new textbook on world trade law contains detailed explanations and analysis and offers a unique perspective on this important subject.

This new textbook on world trade law offers a unique perspective on this important subject in a number of ways. It is the first book to combine the best aspects of both the casebook and legal analysis approaches, providing both detailed explanations and analysis of the law to help understand the issues as well as case extracts to offer a flavour of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the UK, Europe, the US, Asia and elsewhere in the world. For instance, where domestic regulatory issues come into play, the book examines a variety of country practices, to illustrate how the rules apply around the world.
The book is written with students in mind and provides an ideal learning tool to appeal to students across the globe. In this regard, the authors draw on their diverse experiences and geographic backgrounds - with one primary author based in the US and the other based in Hong Kong, with additional authors based in the US and UK

Recenzijos

As the WTO takes on an increasingly important and visible role, we are fortunate to have World Trade Law as a resource. The book is executed with intelligence and the research and discussion are rich and detailed, and it will no doubt prove to be an invaluable tool for students and practitioners who have an interest in the WTO. Since it is written specifically for students, the book's straightforward style and manner of presentation would make it an excellent book for teaching purposes.Bashar Hikmet MalkawiWeb Journal of Current Legal Issues2009Because of its wide coverage, this book may not only be limited to students; it is equally relevant to professors, practitioners, researchers, government officials and politicians who need to comprehend the principles and practices of World Trade Law. The book is not only comprehensive in its coverage but it is also scholarly, informative, challenging and innovative. It should certainly belong on the shelf of anybody who is seriously interested in World Trade Law. Its real value, distinguishing it from similar texts, lies not only in its comprehensive coverage of the principles of WTO law and policy but also in the wide range of materials, including excerpts from a broad range of writers and commentators, and cases.Mosleh Ahmad At'tarawnehJournal of International Trade Law and PolicyVol 7, No 2, 2008Simon Lester and Bryan Mercurios new international trade law textbook is likely to find favor with instructors in many of the law faculties in the United States and Europe where a basic international trade law course is being taught on a regular basis...includes extensive and generally well thought out questions for students at the end of each chapter...The comparative approach evident in various chapters is welcome. Also, Simon Lesters extensive experience in preparing clear, concise summaries of WTO panel and Appellate Body reports is reflected throughout the book. Coverage of the subject matter appears more than adequate for an introductory course; it is well-organized and clearly written.David A. GantzInternational Trade Law and Regulation15 (1), 2009This paperback ... notably benefits from the author's diverse expertise based upon their academic writing, private practice and experience with the World Trade Organisation.The book is written clearly and logically.This is a textbook and casebook in one, which saves the reader from spending time looking up the relevant case-law as the most important excerpts of the jurisprudence are included in the volume.Written by both lecturers and practitioners, the volume is comprehensive and at the same time comprehensible due to the skills of the authors. This is undoubtedly an important new book in the available instructional literature and an indispensible addition for the bookshelf of a trade law student, but it will surely also be well received by the non-specialist and practitioners.Tatiana AnpilogovaThe Singapore Year Book of International LawVolume XII 2008A comprehensive and factual treatise covering all aspects of the law of the WTO.The book is structured in a logical and concise manner...the style... is clear and lucid.Lester and Mercurio's book is a welcome addition to the market of textbooks on world trade law.Markus KrajewskiEuropean Yearbook of International Economic Law, 2011

Part I Introduction to the Legal and Economic Aspects of World Trade Regulation
1(62)
Introduction to World Trade Law
3(42)
Increased Trade and Deeper Integration: Globalisation!
4(8)
Increased Trade and Increased Importance of Trade
5(3)
What is Traded?
8(2)
Who Trades?
10(2)
Why Trade?
12(8)
Economics
12(2)
Peace
14(6)
Free Trade vs Protectionism
20(23)
Structure of the Book
43(2)
Economics of Trade Agreements
45(18)
Free Trade versus Protection: Taking Advantage of Comparative Advantage
46(13)
The Economics of Modern Trade Agreements: Beyond the Simple Comparative Advantage Model
59(2)
Intellectual Property Protection
60(1)
Efficient Regulation/Good Governance
60(1)
Questions
61(2)
Part II History, Institutional Aspects and the Relationship between World Trade Law, International Law and Domestic Law
63(88)
The History and Institutions of the Multilateral Trading System
65(38)
Introduction
65(1)
The GATT as an Institution
65(5)
The Origins of the GATT
66(3)
GATT Negotiating Rounds
69(1)
The WTO as an Institution
70(31)
WTO Objectives, Scope and Functions
73(9)
Basic Structure of the WTO
82(4)
Decision-making in the WTO
86(11)
Membership
97(1)
Accession and Withdrawal
97(4)
Questions
101(2)
World Trade Law and International Law
103(20)
Introduction
103(1)
World Trade Law and International Law: Differing Viewpoints
103(18)
Questions
121(2)
World Trade Law and Domestic Law
123(28)
Introduction
123(6)
Jurisdictional Differences
129(20)
United States
129(10)
European Union
139(5)
Other Jurisdictions
144(5)
Conclusions
149(1)
Questions
150(1)
Part III Dispute Settlement In the WTO
151(86)
The Settlement of Disputes in GATT/WTO
153(84)
Introduction
153(1)
Dispute Settlement in the GATT
154(3)
Dispute Settlement in the WTO: Introduction
157(1)
Basic Overview of the DSU Process
158(17)
Consultations
158(1)
Panels
159(2)
Appellate Review
161(1)
Implementation
162(1)
Compliance Review
163(1)
Compensation and the Suspension of Concessions or Other Obligations
164(8)
The Sequencing Debate
172(3)
Alternatives to Dispute Settlement: Mediation and Arbitration
175(1)
Statistics on WTO Dispute Settlement
176(5)
Interaction of the DSU Rules with Other WTO Agreements
181(1)
Important Procedural and Systemic Issues
182(44)
The Complaint
182(9)
Participation by WTO Members and Other Interested Groups
191(11)
Panel and Appellate Body Decision-making
202(19)
Multilateralism versus Unilateralism
221(5)
Measuring the Effectiveness of the DSU: Is it a Success?
226(8)
Questions
234(3)
Part IV Traditional GATT Obligations
237(104)
Border Measures: Tariffs and Quotas
239(34)
Introduction
239(1)
Tariffs
240(21)
GATT/WTO Tariff Negotiations
240(1)
GATT Rules on Bound Tariffs
241(12)
Domestic Tariff Administration
253(8)
Quotas
261(6)
Tariff Quotas
267(1)
Export Quotas and Export Tariffs
268(3)
Export Quotas
268(3)
Export Tariffs
271(1)
Questions
271(2)
Non-Discrimination: MFN and National Treatment
273(68)
Overview of Non-discrimination
273(5)
What is Discrimination? The Role of Intent, Effect and Comparisons
273(4)
De Facto versus De Jure Discrimination
277(1)
National Treatment: Domestic Taxes and Regulations
278(43)
Introduction
278(1)
The National Treatment Provisions of GATT Article III
279(2)
Article III:2: Tax Measures
281(18)
Article III:4: Regulatory Measures
299(20)
Article III: Conclusions and General Observations
319(2)
Questions
321(1)
The Most Favoured Nation Principle
322(17)
Introduction
322(4)
Elements of the Most Favoured Nation Principle: `Likeness' and Non-discrimination
326(8)
Unconditional MFN
334(4)
Conclusions on the MFN Obligation
338(1)
Questions
339(2)
Part V GATT Exceptions
341(78)
Bilateral/Regional Trade Agreements
343(38)
Introduction
343(1)
History of PTAs
344(2)
The Development of Regionalism: Why (or why not) PTAs?
346(6)
GATT Article XXIV and GATS Article V
352(12)
The Obligation to Notify to the CRTA
353(4)
External Trade Requirement
357(4)
Internal Trade Requirement
361(3)
PTAs and Dispute Settlement in the WTO
364(6)
Turkey---Textiles
364(4)
United States---Line Pipe Safeguards
368(2)
Recent Trends: the Future of PTAs in the WTO
370(9)
Questions
379(2)
The Article XX `General Exceptions': Health, the Environment, Compliance Measures, Public Morals and More
381(38)
Introduction
381(1)
General Interpretive Issues
382(7)
Burden of Proof
382(1)
Structure of the Article XX Analysis: Sub-paragraphs First, Chapeau Second
383(1)
`Necessary' versus `Relating to'
383(4)
Relationship of Article XX Chapeau Discrimination to Article III Discrimination
387(1)
Scope of Article XX
388(1)
The Consideration of Extraterritorial Measures
388(1)
The Major Listed Exceptions
389(19)
Article XX(a): Public Morals
389(1)
Article XX(b): Human, Animal or Plant Life or Health
390(10)
Article XX(g): Conservation of Exhaustible Natural Resources
400(8)
The Chapeau
408(8)
US---Gasoline
409(5)
US---Shrimp
414(2)
Conclusions
416(1)
Questions
416(3)
Part VI Remedies for Fair and Unfair Trade
419(136)
Subsidies and Countervailing Measures
421(44)
Introduction
421(2)
Identification of Subsidies that are Subject to the SCM Agreement
423(6)
The Definition of `Subsidy'
423(4)
Specificity
427(2)
Regulation of Specific Subsidies under the SCM Agreement
429(19)
Prohibited Subsidies
430(12)
Prohibited Subsidies: Final Thoughts
442(1)
Actionable Subsidies
442(5)
Non-actionable Subsidies
447(1)
Dispute Settlement and Remedies
448(2)
Special Rules for Certain Countries
450(1)
Subsidies Provisions in Other WTO Agreements
450(2)
Agriculture Agreement
450(2)
GATT
452(1)
TRIMs Agreement
452(1)
Countervailing Measures
452(11)
Questions
463(2)
Dumping and Anti-dumping Measures
465(56)
Introduction
465(1)
Anti-dumping: A Basic Overview
466(3)
Domestic Anti-dumping Rules
466(2)
History of GATT/WTO Rules on Dumping
468(1)
Anti-dumping Investigations
469(37)
Initiation
469(2)
Evidence Used in the Investigation
471(1)
Key Substantive Issues: Dumping, Injury and Causation
471(35)
Anti-dumping Measures
506(11)
Provisional Measures
506(1)
Price Undertakings
506(2)
Duration and Review of Duties
508(1)
The Use of Anti-dumping Measures Other than Tariff Duties
509(8)
Challenging Anti-dumping Measures in WTO Dispute Settlement
517(2)
Standard of Review
517(1)
The Measures to be Challenged
518(1)
Good Faith, Even-handedness, Impartiality
518(1)
Questions
519(2)
Safeguards
521(34)
Introduction
521(2)
Procedural Requirements
523(1)
Conditions to be Satisfied in Order to Apply Safeguard Measures
524(15)
Increased Imports
525(2)
Unforeseen Developments
527(3)
Serious Injury or Threat Thereof
530(3)
Causation and Non-attribution
533(6)
Standard of Review
539(1)
Application of Safeguard Measures
540(11)
The Extent of Safeguard Measures
541(1)
Parallelism
542(6)
Measures in the Form of Quantitative Restrictions
548(1)
Excluding Developing Country Members
549(1)
Duration of Safeguard Measures
550(1)
Provisional Safeguard Measures
550(1)
Maintaining an Equivalent Level of Concessions
551(2)
Questions
553(2)
Part VII Beyond Trade in Goods: Domestic Regulation, Services, Investment, Procurement and Intellectual Property
555(222)
The SPS and TBT Agreements
557(40)
Introduction
557(1)
The SPS Agreement
558(23)
Basic Rights and Obligations
559(2)
Harmonisation
561(1)
Equivalence
561(1)
Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection
562(18)
Transparency
580(1)
Summary of the SPS Agreement's Provisions
581(1)
The TBT Agreement
581(11)
Closing Thoughts: The Object and Purpose of the SPS and TBT Agreements
592(2)
Questions
594(3)
Trade in Services
597(36)
Introduction
597(1)
The Nature of Services
598(2)
The Scope of the GATS
600(3)
What Services are Covered?
600(1)
How are Services Traded?
601(2)
The Relationship of Trade in Goods (the GATT) with Trade in Services (the GATS)
603(1)
General Obligations and Disciplines
603(12)
Most-Favoured Nation Treatment (MFN)
603(1)
Transparency
604(1)
Domestic Regulation
604(2)
Exceptions
606(9)
Specific Commitments
615(14)
Market Access
616(12)
National Treatment
628(1)
Additional Commitments
629(1)
Closing Thoughts
629(1)
Questions
630(3)
Trade and Investment
633(32)
Introduction
633(1)
History of International Investment Regulation
633(1)
Uruguay Round Negotiations: The TRIMs Agreement
634(11)
The TRIMs Agreement Negotiations
635(1)
The TRIMs Agreement
636(2)
Dispute Settlement
638(7)
International Investment Regulation Outside the WTO Context
645(16)
Bilateral Investment Treaties and Investment Provisions of Free Trade Agreements
645(11)
A Multilateral Agreement on Investment?
656(5)
Investment and the Doha Round
661(2)
Questions
663(2)
Government Procurement
665(40)
Introduction
665(3)
Issues Relating to Contract Coverage
668(10)
The Definition of Covered Procurement
669(8)
Coverage from the Developing Country's Perspective
677(1)
Rules Applying to Covered Contracts
678(15)
General Principles of Non-discrimination
679(2)
Methods of Procurement
681(2)
Advertisement of Procurement Opportunities---Notices
683(2)
Conditions for Participation
685(3)
Time Limits for Award Procedures
688(2)
Awarding of Contracts
690(3)
The Exceptions Provision
693(2)
Domestic Review Procedures for Supplier Challenges
695(5)
The Identity and Attributes of the Review Body
699(1)
Remedies
699(1)
Discussions towards Multilateral Procurement Disciplines
700(3)
Questions
703(2)
Trade in Intellectual Property: the TRIPS Agreement
705(72)
Introduction
705(1)
Historical Treatment of Intellectual Property
705(2)
The Framework of the TRIPS Agreement: General Provisions and Principles
707(8)
Overview
707(1)
General Structure
708(1)
National Treatment and Most Favoured Nation Treatment
709(3)
Exhaustion
712(2)
Objectives and Principles
714(1)
The Scope and Coverage of the TRIPS Agreement
715(56)
Copyright and Related Rights
715(16)
Patents
731(28)
Enforcement and Remedies
759(1)
Acquisition and Maintenance of Intellectual Property Rights and Related Inter Partes Procedures
760(1)
Dispute Prevention and Settlement
760(5)
Transitional Arrangements
765(1)
Criticisms of the Agreement
766(5)
Intellectual Property and Preferential Trade Agreements
771(4)
Questions
775(2)
Part VIII Social Policy Issues
777(86)
Developing Countries in the Multilateral Trading System
779(40)
Introduction
779(1)
Classification of WTO Members as `Developing' or `Least Developed'
779(3)
The Role of Developing Countries in the WTO: Negotiations, Disputes, and Special and Differential Treatment
782(9)
The Negotiating Process
785(1)
Dispute Settlement
786(2)
Special and Differential versus Equal Treatment
788(3)
Are the WTO's Goals Appropriate for Developing Countries?
791(2)
Disputes Involving Development Issues
793(22)
The India---Quantitative Restrictions Dispute: GATT Article XVIII
793(7)
The EC---Tariff Preferences Dispute: The Enabling Clause
800(15)
Questions
815(4)
Linkages between Trade and Social Policies
819(44)
Environment
820(11)
Culture
831(5)
Labour Standards
836(9)
Human Rights
845(8)
Health and Safety
853(7)
Questions
860(3)
Index 863
Bryan Mercurio is Professor of Law at The Chinese University of Hong KongSimon Lester is President of WorldTradeLaw.net, LLCArwel Davies is a Senior Lecturer in law at Swansea UniversityKara Leitner is a trade lawyer and partner in WorldTradeLaw.net, LLC