The WTO case law of 2008 : legal and economic analysis / edited by Henrik Horn and Petros C. Mavroidis.

Format:

Book

Contributor:

Horn, Henrik, editor.

Mavroidis, Petros C., editor.

American Law Institute, issuing body.

Series:

American Law Institute reporters' studies.

The American Law Institute reporters studies on WTO law

Language:

English

Subjects (All):

World Trade Organization.

International commercial arbitration--Cases.

International commercial arbitration.

Arbitration agreements, Commercial--Cases.

Arbitration agreements, Commercial.

Tariff--Law and legislation--Cases.

Tariff.

Foreign trade regulation--Cases.

Foreign trade regulation.

Dispute resolution (Law)--Cases.

Dispute resolution (Law).

Physical Description:

1 online resource (vii, 272 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2010.

Language Note:

English

Summary:

This book brings together the 2008 output of the American Law Institute (ALI) project on World Trade Organization Law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form, in the reporters' views, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law.

Contents:

Cover; Title; Copyright; Contents; Foreword; Introduction; Appellate Body Report in EC-Bananas III : waiver-thin, or lock, stock, metric ton?; 1. Introduction; 2. Factual background and original compliance Panel findings; 2.1 Order of events2; 2.2 Relevant documents; 3. Claims on appeal, findings of the AB, and some observations; 3.1 Procedural issues; 3.1.1 Article 9.3 DSU and Rule 20(2)(d)(i) of AB Working Procedures; 3.1.2 The legal effect of the Understandings on Bananas and the use of estoppel in the WTO; 3.1.3 'Repeal' of the challenged measures

3.1.4 Legal effect of Panel suggestions and the relationship of Articles 19.1 and 21.5 of the DSU3.1.5 Article 3.8 DSU and nullification or impairment suffered by the US and Ecuador; 3.2 Substantive issues; 3.2.1 Non-discriminatory administration of tariff quotas under Article XIII; 3.2.2 Doha Article I Waiver as 'subsequent agreement'; 3.2.3 Interpretation of the EC market-access commitments and expiry of the EC's 'MFN' tariff quota; 4. A law and economics perspective on certain aspects of the AB Report in Bananas III (21.5); 4.1 Article XIII GATT and the economics of tariff quotas

4.1.1 A brief economic assessment of tariff quotas4.1.2 The distribution of trade under tariff quotas and the AB's test of Article XIII:2; 4.1.3 Quota-allocation methods, distribution of trade, and the inherent contradictions in Article XIII:2 GATT; 4.1.3.1 Market allocation methods; 4.1.3.2 Quasi-market allocation methods102; 4.1.3.3 Discretionary allocation methods; 4.1.3.4 Article XIII:2(d) GATT and historical allocation; 4.1.3.5 Ways of making quota allocation compatible to Article XIII:2 GATT; 4.2 Looking forward: the relationship between compliance Panels and Article 22.6 arbitrations

4.2.1 The implication of 'overlap and coincidence' of NoI4.2.2 Expired measures and the starting date for retaliation; 4.2.3 The nature of nullification or impairment; 5. Conclusion; References; Guilt by association: US - Measures Relating to Shrimp from Thailand and US - Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties; 1. Introduction; 2. Background to the dispute; 3. Claims; 3.1 Panel stage; 3.2 Key issues analyzed by the Appellate Body; 3.2.1 'As applied' claims; 3.2.1.1 Temporal scope of GATT Article VI : 2 and 3 Ad Note

3.2.1.1.1 Interpretation of the phrase 'pending final determination of the facts in any case of suspected dumping'3.2.1.1.2 EBR constitutes an additional response to dumping; 3.2.1.1.3 Relationship between EBR and ADA Article 7; 3.2.1.2 Reasonableness of the bond requirement; 3.2.1.2.1 Obligation to assess risk of individual im; 3.2.1.2.2 Reasonableness of the likelihood rates would increase; 3.2.2 'As such' claims; 3.2.2.1 Amended CBD is inconsistent with Articles 1 and 18.1 of the ADA and Articles 10 and 32.1 of the SCM Agreement; 3.2.2.2 ADA Article 9 and SCM Agreement Article 19

3.2.3 US claim - the Panel's analysis of the term 'necessary' in Article XX(d) of the GATT 1994

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references.

ISBN:

1-107-20374-0

1-283-29609-8

9786613296092

1-139-12307-6

1-139-11732-7

1-139-12798-5

1-139-11296-1

1-139-11515-4

1-139-10720-8

OCLC:

769341750