The Law, Economics and Politics of Retaliation in WTO Dispute Settlement
Title | The Law, Economics and Politics of Retaliation in WTO Dispute Settlement PDF eBook |
Author | Chad P. Bown |
Publisher | Cambridge University Press |
Pages | 693 |
Release | 2010-01-07 |
Genre | Business & Economics |
ISBN | 0521119979 |
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
WTO Retaliation
Title | WTO Retaliation PDF eBook |
Author | Michelle Limenta |
Publisher | Bloomsbury Publishing |
Pages | 203 |
Release | 2017-02-23 |
Genre | Law |
ISBN | 1509900012 |
The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.
The WTO Dispute Settlement Mechanism
Title | The WTO Dispute Settlement Mechanism PDF eBook |
Author | Alberto do Amaral Júnior |
Publisher | Springer |
Pages | 391 |
Release | 2019-04-09 |
Genre | Law |
ISBN | 3030032639 |
This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.
The Political Economy of International Trade Law
Title | The Political Economy of International Trade Law PDF eBook |
Author | Daniel L. M. Kennedy |
Publisher | Cambridge University Press |
Pages | 712 |
Release | 2002-05-23 |
Genre | Law |
ISBN | 1139434489 |
International experts from law, economics and political science provide in-depth analysis of international trade issues. Attorneys, economists and political scientists adopt a common viewpoint, entitled 'transcending the ostensible'. This approach directs particular attention to the possibility that WTO legal institutions, like other international legal institutions, will function in unexpected ways due to the political and economic conditions of the international environment in which they have been created, and in which they operate. A range of trade problems are considered here. Topics include the constitutional dimensions of international trade law, adding subjects and restructuring existing subjects to international trade law, the legal relations between developed and developing countries, and the operation of the WTO dispute settlement procedure. This will be an essential volume for professionals and academics involved with international trade policy.
Trade Retaliation in WTO Dispute Settlement
Title | Trade Retaliation in WTO Dispute Settlement PDF eBook |
Author | Chad Brown |
Publisher | |
Pages | 0 |
Release | 2018 |
Genre | |
ISBN |
It is hard to think of a better topic for multi-disciplinary study than trade retaliation in the WTO. When a country violates WTO rules, the remedy of last resort is bilateral, state-to-state trade sanctions. Such trade sanctions are imposed against the violating country by one or more other WTO members that took the initiative to challenge the breach. WTO retaliation must, however, be multilaterally authorized by the WTO following, first, an elaborate procedure establishing (continued) breach in the first place and, second, an arbitration on whether the retaliation is 'equivalent' or 'appropriate' in light of the harm caused by the original violation. This is where the law comes in: Arbitrators must apply legal criteria to assess the harm caused by a WTO violation, select benchmarks and counterfactuals to do so, as well as decide, where requested, on whether the conditions for so-called cross-retaliation are met (that is, retaliation in the form of, for example, suspending intellectual property rights in response to a WTO-inconsistent import restriction). This process obviously involves economics as well, both economic theory (what is the role of violation-cum-retaliation in an incomplete contract?; what is the optimal design of remedies for breach of contract?) and applied or quantitative economics (how does one calculate lost trade, lost royalties or other economic harm caused by a WTO violation?; how does one make sure that the retaliation in response is 'equivalent'?). Finally, the design, implementation and effectiveness of WTO retaliation is deeply political, ranging from the decision of whether to retaliate in the first place (especially salient in developing countries) to selecting specific products to retaliate against (e.g. with a view to compensate or protect domestic, import-competing industries at home, say, Mexico keeping out US corn syrup to please Mexican cane sugar producers; or, alternatively, to exert maximum political pressure in the violating country, say, the EC restricting Florida orange juice to affect US President Bush's re-election chances in 2004).
Trade Disputes and the Dispute Settlement Understanding of the WTO
Title | Trade Disputes and the Dispute Settlement Understanding of the WTO PDF eBook |
Author | James C. Hartigan |
Publisher | Emerald Group Publishing |
Pages | 510 |
Release | 2009-02-01 |
Genre | Political Science |
ISBN | 1848552068 |
Addresses the process of dispute resolution and appeal under the DSU of the WTO. This book covers politics and disputes between sovereign nations; power inequities in access to the DSU; specific categories of disputes, such as in agriculture and in intellectual property; and issues pertaining to compliance, enforcement and remedies.
Crimes And Punishments?
Title | Crimes And Punishments? PDF eBook |
Author | Robert Z Lawrence |
Publisher | Columbia University Press |
Pages | 122 |
Release | 2003-10-15 |
Genre | Political Science |
ISBN | 0881324566 |
One of the unique aspects of the WTO as an international organization is that it authorizes members to retaliate against violations by raising tariffs. These authorizations have become increasingly common and increasingly controversial. In this analysis of the retaliation system, Robert Lawrence considers the guiding principles that govern responses to WTO violations, examines how these principles are implemented in practice, and considers options for reform.