Causation in the Law of the World Trade Organization
Author: Catherine Elizabeth Gascoigne
Publisher:
Published: 2018
Total Pages:
ISBN-13:
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Causation in the Law of the World Trade Organization
Author: Catherine Gascoigne
Publisher: Cambridge University Press
Published: 2023-08-31
Total Pages: 297
ISBN-13: 1009059238
DOWNLOAD EBOOK →Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.
Causing Problems?
Author: Douglas A. Irwin
Publisher:
Published: 2003
Total Pages: 60
ISBN-13:
DOWNLOAD EBOOK →U.S. safeguard actions have run into problems with the WTO's Panel and Appellate Body reviews for failing to ensure that injury caused by non-import factors is not attributed to imports. This paper reviews the subtle legal and economic differences between U.S. trade law (Section 201) and the WTO's Agreement on Safeguards on the non-attribution issue. The paper then resurrects the Kelly (1988) method of attributing injury to various factors as a potential method by which the ITC can ensure that future decisions conform with the Safeguards Agreement. The method is shown to yield results that are consistent with recent ITC safeguard decisions.
Injury and Causation in Trade Remedy Law
Author: James J. Nedumpara
Publisher: Springer
Published: 2016-11-25
Total Pages: 295
ISBN-13: 981102197X
DOWNLOAD EBOOK →This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts. The book demonstrates that terms such as “principal cause,” “substantial cause” and “a cause in and of itself” are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.
The World Trade Organization
Author: Mitsuo Matsushita
Publisher: Oxford University Press
Published: 2015
Total Pages: 942
ISBN-13: 0199571856
DOWNLOAD EBOOK →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 Development of World Trade Organization Law
Author: Gregory Messenger
Publisher: Oxford University Press
Published: 2016-01-28
Total Pages: 395
ISBN-13: 019102581X
DOWNLOAD EBOOK →The World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
The Development of World Trade Organization Law
Author: Gregory Messenger
Publisher: Oxford University Press
Published: 2016-01-28
Total Pages: 241
ISBN-13: 0191025801
DOWNLOAD EBOOK →The World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
The Law and Policy of the World Trade Organization [electronic Resourc
Author: Peter van den Bossche
Publisher:
Published: 2005
Total Pages: 737
ISBN-13: 9781139130509
DOWNLOAD EBOOK →Assessing the World Trade Organization
Author: Manfred Elsig
Publisher: Cambridge University Press
Published: 2017-04-27
Total Pages: 469
ISBN-13: 1108148409
DOWNLOAD EBOOK →The World Trade Organization (WTO) recently celebrated twenty years of existence. The general wisdom is that its dispute settlement institutions work well and its negotiation machinery goes through a phase of prolonged crises. Assessing the World Trade Organization overcomes this myopic view and takes stock of the WTO's achievements whilst going beyond existing disciplinary narratives. With chapters written by scholars who have closely observed the development of the WTO in recent years, this book presents the state of the art in thinking about WTO performance. It also considers important issues such as the origins of the multilateral system, the accession process and the WTO's interaction with other international organisations. The contributions shed new light on untold stories, critically review and present existing scholarship, and sketch new research avenues for a future generation of trade scholars. This book will appeal to a wide audience that aims to better understand the drivers and obstacles of WTO performance.
The Practice of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Published: 2017-02-02
Total Pages: 1229
ISBN-13: 1107107091
DOWNLOAD EBOOK →This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
