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The Law, Economics and Politics of Retaliation in WTO Dispute Settlement

2010-01-07 Business & Economics
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Release : 2010-01-07
Genre : Business & Economics
Kind : eBook
Book Rating : 979/5 ( reviews)

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Book Synopsis The Law, Economics and Politics of Retaliation in WTO Dispute Settlement by : Chad P. Bown

Download or read book The Law, Economics and Politics of Retaliation in WTO Dispute Settlement written by Chad P. Bown. This book was released on 2010-01-07. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.

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.

Crimes And Punishments?

2003-10-15 Political Science
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Release : 2003-10-15
Genre : Political Science
Kind : eBook
Book Rating : 566/5 ( reviews)

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Book Synopsis Crimes And Punishments? by : Robert Z Lawrence

Download or read book Crimes And Punishments? written by Robert Z Lawrence. This book was released on 2003-10-15. Available in PDF, EPUB and Kindle. Book excerpt: 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.

WTO Retaliation

2017-02-23 Law
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Release : 2017-02-23
Genre : Law
Kind : eBook
Book Rating : 012/5 ( reviews)

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Book Synopsis WTO Retaliation by : Michelle Limenta

Download or read book WTO Retaliation written by Michelle Limenta. This book was released on 2017-02-23. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Retaliation in the WTO Dispute Settlement System

2013-08-01 Law
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Release : 2013-08-01
Genre : Law
Kind : eBook
Book Rating : 221/5 ( reviews)

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Book Synopsis Retaliation in the WTO Dispute Settlement System by : Madeleine Merkx

Download or read book Retaliation in the WTO Dispute Settlement System written by Madeleine Merkx. This book was released on 2013-08-01. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.

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