International Trade & Investment Law

Also available in print: K4610.5 P35 2022 LAW.
The WTO dispute settlement process has evolved in recent years into one of the most successful, yet complex, systems of international arbitration. In this book, 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.

The national treatment obligation prohibits discrimination between foreign goods, services and service suppliers and domestic goods, services and service suppliers. Begin Box Under the national treatment obligation, WTO Member Agricola may not treat chocolate from Industria less favourably than it treats its domestic chocolate, once the chocolate from Industria has entered the Agricolan market. Neither may Agricola treat Industrian coffeehouses established in Agricola less favourably than Agricolan coffeehouses

Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness.

The fifth edition continues to explore the institutional and substantive law of the WTO. It has been updated to incorporate all new developments in the WTO's ever-growing body of case law.

Based on an empirical case study of arguing processes in the WTO, this book shows how discursive contexts, institutional norms and procedures, and unequal human resources condition who has the power to persuade.

This book explores the adaptating process of the General Agreement on Trade in Services (GATS) to a constantly changing trade and policy context. The adoption of the GATS, a multilateral agreement with stand-alone rules and principles for the governance of trade and investment in services, represented a watershed in the history of global trade governance. Over three decades after the drafting of the Agreement, WTO Members struggle to deliver on the GATS' mandate to achieve progressively higher levels of trade liberalisation in a radically different trade and policy landscape. Against this background, this book examines the contribution of the WTO negotiating, adjudicative, and deliberative functions to adapting the GATS to changing circumstances.

Also available in print at K4610 A31994 M38 2015 LAW (Reserve).
This comprehensively edition 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.

Each chapter covers a different provision of the agreement, exploring the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification.

This publication contains the text of the WTO's founding agreement, the 1994 Marrakesh Agreement Establishing the World Trade Organization, and its Annexes, including all amendments and additions since its entry into force until September 2017.

This book provides an 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. By inquiring into the current set-up of WTO adjudication system, the book explores to what extent its original intent has been followed in practice. Its empirical analysis of decades of data regarding the number, duration, and subject matter of dispute adjudications, as well as the frequency of implemented or non-implemented settlements, illuminates the effectiveness of the system and highlights the issues that have led to the WTO's present predicament.

Covering eleven Ministerial Conferences held between 1996 and 2017, the key outcomes include Ministerial Decisions and Declarations as well as Chairpersons' statements. This publication also reproduces relevant ministerial outcomes of the Uruguay Round adopted in connection with the establishment of the WTO.