This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.
This is an analysis of the establishment and operation of international trade agreements, focusing on the 'General Agreement on Tariffs and Trade'. The book examines the economic rationale behind the framework of international trade, and analyses the role of trade agreements in securing the benefits of a global economy.
A detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. Each chapter examines a given legal norm and its subsequent practice. In particular, he discusses agreements dealing with customs clearance; “contingent protection” instruments, which allow WTO members unilaterally to add to the negotiated amount of protection when a certain contingency (for example, dumping) has occurred; TBT (Technical Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures) agreements, both of which deal with such domestic instruments as environmental, health policy, or consumer information; the agreement on Trade Related Investment Measures (TRIM); sector-specific agreements on agriculture and textiles; plurilateral agreements (binding a subset of WTO membership) on government procurement and civil aviation; and transparency in trade relations. This book's companion volume examines the GATT regime for international trade.
A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0. Mavroidis examines the GATS through its negotiating record, considering whether the GATS as it is can appropriately address the concerns of the world trading community. The GATS deals exclusively with non-tariff barriers (NTBs)—precisely the instrument that the WTO has not managed to tame—and one of some significance in light of the digital revolution, which has enlarged the scope of cross-border transactions in which neither supplier nor consumer needs to travel for a service to be consumed. Mavroidis argues that the GATS has brought about a platform to liberalize services, and has locked in some pre-GATS liberalization. What is missing, he contends, is a “GATS-Think” that would generate liberalization from now on.
The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists, provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: firstly where WTO law confronts legal regimes governing issues of competition and intellectual property, and secondly, where free trade is seen to be incompatible with certain human rights. This edition also includes new chapters on trade in agriculture and on government procurement and trade. This book will be of interest to all scholars, students, and practitioners seeking to understand this pivotal yet controversial international organization and world trade in general.
The WTO dispute settlement process has evolved in recent years into one of the most successful, yet complex, systems of international arbitration. In this extensively revised new edition of Palmeter, Mavroidis, and Meagher's authoritative book on WTO dispute settlement, the authors provide a comprehensive overview of each step of the WTO dispute settlement process, examining both the history of the system, the governing legal rules, and the more informal procedural aspects of the process in detail. This edition takes into account the jurisprudence of panels and the Appellate Body up to the end of 2020 and includes an analysis of the current crisis in the WTO Appellate Body. This volume is an essential tool for practitioners, diplomats, government lawyers, and students of WTO law and should equally be of interest to students of other forms of international arbitration.
This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.
A detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) was created alongside other towering achievements of the post-World War II era, including the United Nations, the World Bank, and the International Monetary Fund. GATT, the first successful agreement to generate multilateral trade liberalization, became the principal institution to administer international trade for the next six decades. In this book, Petros Mavoidis offers detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. Mavroidis offers a substantive first chapter that provides a detailed historical background to GATT that stretches from the 1927 World Economic Conference through Bretton Woods and the Atlantic Charter. Each of the following chapters examines the disciplines agreed to, their negotiating record, their economic rationale, and subsequent practice. Mavroidis focuses on cases that have influenced the prevailing understanding of the norm, as well as on literature that has contributed to its interpretation, and the final outcome. In particular, he examines quantitative restrictions and tariffs; the most favored nation clause (MFN), the cornerstone of the GATT edifice; preferential trade agreements and special treatment for products originating in developing countries; domestic instruments; and exceptions to the obligations assumed under GATT. This book's companion volume examines World Trade Organization (WTO) agreements regulating trade in goods.
This timely book analyses the elasticity of taxable income, a central concept in public finance with a rapidly growing wealth of literature. Combining original empirical research with rigorous theoretical modelling of tax revenue and optimal tax policy, this innovative study examines the complexities and new methods of estimating the elasticity of taxable income.
A detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. Each chapter examines a given legal norm and its subsequent practice. In particular, he discusses agreements dealing with customs clearance; “contingent protection” instruments, which allow WTO members unilaterally to add to the negotiated amount of protection when a certain contingency (for example, dumping) has occurred; TBT (Technical Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures) agreements, both of which deal with such domestic instruments as environmental, health policy, or consumer information; the agreement on Trade Related Investment Measures (TRIM); sector-specific agreements on agriculture and textiles; plurilateral agreements (binding a subset of WTO membership) on government procurement and civil aviation; and transparency in trade relations. This book's companion volume examines the GATT regime for international trade.
This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.
A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0. Mavroidis examines the GATS through its negotiating record, considering whether the GATS as it is can appropriately address the concerns of the world trading community. The GATS deals exclusively with non-tariff barriers (NTBs)—precisely the instrument that the WTO has not managed to tame—and one of some significance in light of the digital revolution, which has enlarged the scope of cross-border transactions in which neither supplier nor consumer needs to travel for a service to be consumed. Mavroidis argues that the GATS has brought about a platform to liberalize services, and has locked in some pre-GATS liberalization. What is missing, he contends, is a “GATS-Think” that would generate liberalization from now on.
This book is part of a wider project on the economic logic behind the General Agreement on Tariffs and Trade (GATT). This volume asks: What does the historical record indicate about the aims and objectives of the framers of the GATT? Where did the provisions of the GATT come from and how did they evolve through various international meetings and drafts? To what extent does the historical record provide support for one or more of the economic rationales for the GATT? This book examines the motivations and contributions of the two main framers of the GATT, the United States and the United Kingdom, as well as the smaller role of other countries. The framers desired a commercial agreement on trade practices as well as negotiated reductions in trade barriers. Both were sought as a way to expand international trade to promote world prosperity, restrict the use of discriminatory policies to reduce conflict over trade, and thereby establish economic foundations for maintaining world peace.
All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
The book examines the economic rationale behind the current framework of international trade, and analyses the role and operation of international law in securing the benefits of a liberal economy."--BOOK JACKET.
A detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. The General Agreement on Tariffs and Trade (GATT) was created alongside other towering achievements of the post-World War II era, including the United Nations, the World Bank, and the International Monetary Fund. GATT, the first successful agreement to generate multilateral trade liberalization, became the principal institution to administer international trade for the next six decades. In this book, Petros Mavoidis offers detailed examination of the GATT regime for international trade, discussing the negotiating record, policy background, economic rationale, and case law. Mavroidis offers a substantive first chapter that provides a detailed historical background to GATT that stretches from the 1927 World Economic Conference through Bretton Woods and the Atlantic Charter. Each of the following chapters examines the disciplines agreed to, their negotiating record, their economic rationale, and subsequent practice. Mavroidis focuses on cases that have influenced the prevailing understanding of the norm, as well as on literature that has contributed to its interpretation, and the final outcome. In particular, he examines quantitative restrictions and tariffs; the most favored nation clause (MFN), the cornerstone of the GATT edifice; preferential trade agreements and special treatment for products originating in developing countries; domestic instruments; and exceptions to the obligations assumed under GATT. This book's companion volume examines World Trade Organization (WTO) agreements regulating trade in goods.
China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.
This book analyses the establishment and operation of international trade agreements, focusing on the General Agreement on Tariffs and Trade. The book examines the economic rationale behind the current framework of international trade, and analyses the role of trade agreements in securing the benefits of a global economy.
This book is part of a wider project on the economic logic behind the General Agreement on Tariffs and Trade (GATT). This volume asks: What does the historical record indicate about the aims and objectives of the framers of the GATT? Where did the provisions of the GATT come from and how did they evolve through various international meetings and drafts? To what extent does the historical record provide support for one or more of the economic rationales for the GATT? This book examines the motivations and contributions of the two main framers of the GATT, the United States and the United Kingdom, as well as the smaller role of other countries. The framers desired a commercial agreement on trade practices as well as negotiated reductions in trade barriers. Both were sought as a way to expand international trade to promote world prosperity, restrict the use of discriminatory policies to reduce conflict over trade, and thereby establish economic foundations for maintaining world peace.
The World Trade Organization (WTO) is one of the most important international organizations in existence today. It contains a set of disciplines that affect the ability of governments to impose trade restrictions, and has helped to support the steady expansion of international trade since the 1950s. It is a unique organization in providing a framework for member states to make binding policy commitments that are enforced through a unique dispute settlement system and a variety of transparency mechanisms. Despite – or because of – its success, the WTO has recently become the focus of vociferous protests by anti-globalization activists. This book separates the facts from the propaganda and provides an accessible overview of the WTO's history, structure and policies as well as a discussion of the future of the organization. It also confronts the criticisms of the WTO and assesses their validity.
All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.
The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists, provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: firstly where WTO law confronts legal regimes governing issues of competition and intellectual property, and secondly, where free trade is seen to be incompatible with certain human rights. This edition also includes new chapters on trade in agriculture and on government procurement and trade. This book will be of interest to all scholars, students, and practitioners seeking to understand this pivotal yet controversial international organization and world trade in general.
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