[PDF] Developing Countries In The Gatt Legal System eBook

Author : Robert E. Hudec
Publisher : Cambridge University Press
Page : 233 pages
File Size : 39,15 MB
Release : 2010-11-15
Category : Law
ISBN : 1139495534

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In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.

Author : Chantal Thomas
Publisher : Oxford University Press
Page : 544 pages
File Size : 31,59 MB
Release : 2009-04-15
Category : Law
ISBN : 0190452463

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With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.

Author : Robert E. Hudec
Publisher :
Page : 212 pages
File Size : 25,99 MB
Release : 2010
Category : Foreign trade regulation
ISBN : 9780511991806

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"A reissue of Robert E. Hudec's seminal study of the situation of developing countries within the international trade system is once again available"--

Author : Robert E. Hudec
Publisher : MICHIE
Page : 664 pages
File Size : 34,95 MB
Release : 1993
Category : Law
ISBN :

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"This book presents a history and analysis of the GATT legal system as it stands today at the beginning of the 1990s. Although the origins of GATT law go back to the GATT/ITO negotiations of 1946-1948 and beyond, the current legal system is largely the product of a reconstruction that took place from 1970 onwards. The book focuses on the evolution of GATT law during this modern period. It concentrates on the development of GATT's procedure for adjudicating legal disputes between member countries, known in GATT parlance as the "dispute settlement procedure". -- from the Preface, p. vii.

Author : George A. Bermann
Publisher : Cambridge University Press
Page : 47 pages
File Size : 50,44 MB
Release : 2007-08-20
Category : Law
ISBN : 1139466062

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Developing countries make up the majority of the membership of the World Trade Organization. Many developing countries believe that the welfare gains that were supposed to ensue from the establishment of the WTO and the results of the Uruguay Round remain largely unachieved. Coming on the heels of the 9/11 terrorist attacks, the ongoing Doha Development Round, launched in that Middle Eastern city in the fall of 2001, is now on 'life support'. It was inaugurated with much fanfare as a means of addressing the difficulties faced by developing countries within the multilateral trading system. Special and differential treatment provisions in the WTO agreement in particular are the focus of much discussion in the ongoing round, and voices for change are multiplying because of widespread dissatisfaction with the effectiveness, enforceability, and implementation of those special treatment provisions.

Author : Amin M. Alavi
Publisher :
Page : 0 pages
File Size : 37,63 MB
Release : 2009
Category : Antidumping duties
ISBN : 9789041127952

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It's often said that the WTO's Dispute Settlement Understanding (DSU) works more in favor of the richer members with their vastly greater resources. On the other hand, one of the principal objectives of the DSU was to create a fairer system, in which every member could bring forward a complaint, have it fully investigated, obtain a ruling on the compatibility of the measure or practice with WTO rules, and - more generally - "to have its day in court". The guiding principle was intended to be: "Every member is equal before the law", and this was designed to lead to fairer and more equal opportunities than a system where power politics could, and did, influence the results. This thoughtful and timely resource will examine the concept of "development" as both a political and legal norm - designed to safeguard the special interests of developing countries in international trade - in the context of GATT and WTO law. Among the critically important questions addressed... How can the political concept of development be incorporated in GATT/WTO law? Which areas of GATT/WTO law address development? How can a GATT/WTO legal normal affect a political process? How can the GATT/WTO legal regime be made more flexible? How has the GATT/WTO legal regime evolved vis-à-vis developing nations? What are the political and legal aspects of the DSU? How do states utilize the political/legal system and its dispute settlement mechanisms? How does the GATT/WTO judicial system deal with the political concept of development? In the context of the DSU, what is the nature and significance of the conflict between developing and developed countries

Author : Ernst-Ulrich Petersmann
Publisher : Martinus Nijhoff Publishers
Page : 368 pages
File Size : 21,85 MB
Release : 1997-02-11
Category : Political Science
ISBN : 9789041109330

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The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

Author : Robert Howse
Publisher : Taylor & Francis
Page : 534 pages
File Size : 35,97 MB
Release : 1998
Category : Business & Economics
ISBN : 9780415123662

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Volume 1 = Historical and conceptual foundations ; Volume 2 = Dispute settlement in the world ; Volume 3 = Administered protection ; Volume 4 = The Uruguay round and beyond.

Author : Peter Gallagher
Publisher : Springer
Page : 376 pages
File Size : 27,22 MB
Release : 2000-09-25
Category : Law
ISBN :

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Developing countries comprise a two-thirds majority of the membership of the World Trade Organization, with nearly thirty of these classed by the UN as being among the 48 least-developed countries in the world. In order to ensure the equitable participation of these countries in the benefits of the global trading system, the GATT Uruguay Round Agreements that created the WTO accorded special and differential treatment to developing countries. This Guide covers these provisions of the WTO Agreements, with detailed information on how developing countries can benefit from special rules governing such areas as: access to developed country markets in all major commodities and services, the dispute settlement process, trade policy review, foreign direct investment, environmental and labour standards, and technical assistance. The Guide also offers the reader case studies on how some developing country members of the WTO (Uganda, India, and CandÔte d'Ivoire) are making progress in working with the obligations and the benefits provided to them by the WTO Agreements.