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Practical Aspects of WTO Litigation

2020-07-08 Law
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Release : 2020-07-08
Genre : Law
Kind : eBook
Book Rating : 976/5 ( reviews)

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Book Synopsis Practical Aspects of WTO Litigation by : Marco Tulio Molina Tejeda

Download or read book Practical Aspects of WTO Litigation written by Marco Tulio Molina Tejeda. This book was released on 2020-07-08. Available in PDF, EPUB and Kindle. Book excerpt: Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.

A Handbook on the WTO Dispute Settlement System

2017-09-14 Business & Economics
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Release : 2017-09-14
Genre : Business & Economics
Kind : eBook
Book Rating : 272/5 ( reviews)

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Book Synopsis A Handbook on the WTO Dispute Settlement System by : World Trade Organization

Download or read book A Handbook on the WTO Dispute Settlement System written by World Trade Organization. This book was released on 2017-09-14. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.

Self-Enforcing Trade

2010-02-01 Political Science
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Release : 2010-02-01
Genre : Political Science
Kind : eBook
Book Rating : 186/5 ( reviews)

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Book Synopsis Self-Enforcing Trade by : Chad P. Bown

Download or read book Self-Enforcing Trade written by Chad P. Bown. This book was released on 2010-02-01. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.

The Law and Policy of the World Trade Organization

2005-06-10 Law
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Release : 2005-06-10
Genre : Law
Kind : eBook
Book Rating : 559/5 ( reviews)

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Book Synopsis The Law and Policy of the World Trade Organization by : Peter Van den Bossche

Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche. This book was released on 2005-06-10. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Key Issues in WTO Dispute Settlement

2005-10-20 Law
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Release : 2005-10-20
Genre : Law
Kind : eBook
Book Rating : 595/5 ( reviews)

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Book Synopsis Key Issues in WTO Dispute Settlement by : Rufus Yerxa

Download or read book Key Issues in WTO Dispute Settlement written by Rufus Yerxa. This book was released on 2005-10-20. Available in PDF, EPUB and Kindle. Book excerpt: This book examines aspects of the operation of the WTO dispute settlement system during the first ten years of the WTO. It covers a representative cross-section of the issues and situations WTO Members have dealt with under the Dispute Settlement Understanding. The book is unique in that it includes contributions from virtually the entire gamut of actors involved in the day-to-day operation of the WTO dispute settlement system: Member government representatives, private lawyers who litigate on behalf of Member governments in the system, Appellate Body members, Appellate Body Secretariat staff, and WTO Secretariat staff. It also includes contributions from several academics who closely follow and carefully scrutinize all that goes on within the system. It therefore provides fascinating insights into how the system has operated in practice, and how the lessons of the first decade can be applied to make the system even more successful in the years to come.

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