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`This collection offers a timely and important analysis of some of the key controversies surrounding the WTO. The editors are to be particularly commended for bringing together scholars from a wide range of disciplines to shed new light on the subject of trade and human rights. Several of the chapters are likely to become classics in the field, and the volume in its entirety should be of great relevance to scholars and practitioners working in this challenging area. I can recommend it highly.'
- Amrita Narlikar, University of Cambridge, UK

`The authors of this unique publication should be commended for providing a comprehensive interdisciplinary analysis of the new trade and human rights debate. Their most notable achievement is their capacity to clearly demarcate the main parameters of all the legal, social, human and economic dimensions of the interaction between trade liberalisation and the protection of human rights. Avant-guardiste and now fully aware of today's crises, the authors greatly assist readers in understanding the role that not only the WTO in particular, but also market opening and trade disciplines in general, play in the pursuit of enhanced human rights.'
- Gabrielle Marceau, World Trade Organization, Counsellor, Cabinet of the Director-General Pascal Lamy and University of Geneva, Switzerland

This collection of essays from leading academics examines the connection between the World Trade Organization (WTO) and human right issues, a topic which has provoked significant debate, particularly in the decade since the collapsed WTO talks in Seattle in 1999.

The editors argue that a true appreciation of the salient issues requires consideration of disciplines beyond the law, such as economics, political science and philosophy. This book builds on previous trade/human rights projects by adding that interdisciplinary dimension.

Bringing together trade scholars and human rights scholars from legal and interdisciplinary perspectives, The World Trade Organization and Human Rights will be an invaluable research tool for international scholars in human rights and trade, NGOs in the development sector and human rights, trade organizations and trade practitioners. ... Read more

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Effective International Joint Venture Management
Effective International Joint Venture Management by Dr. Ronald Charles Wolf, an American attorney resident decades in Lisbon, Portugal, has received joint acclaim from the academic world and from corporate entrepreneurs. It is a practical guide to all the essential steps required in the formation and management of an international joint venture.This explicit and lucid textbook is for all members of the international business community, lawyers, teachers and students. It is written in non-technical language but reviews thoroughly complex commercial, financial and legal topics. It is an indispensable guide for the international executives responsible for cross-border mergers and acquisitions and their advisors. Typical comments are:

"There has been a large amount written in the strategic management literature about when to set up an international joint venture (IJV), how to choose a partner, and how to manage the new venture. However, the legal aspects have not commanded great attention. Ronald Wolf remedies this oversight. His book is exhaustively detailed and deals in a very readable fashion with everything you need to know if you are contemplating an IJV. An invaluable addition to the library of the international businessman, and one not likely to gather dust," David Faulkner, Tutorial Fellow, Christ Church College, Oxford University.

"A truly useful guide to establishing and managing IJVs...[Wolf's book] has certainly enlarged the boundaries of my thinking on the subject and enriched the breadth of practical legal insights needed for executives and students," Associate Prof. Yadong, College of Business Administration, University of Hawaii.

"...[A] comprehensive guide to the complex business and legal issues of forming, governing, and even dissolving international joint ventures...Wolf offers pragmatic solutions in business-manager terms, which can be easily grasped and effectively executed...This book is recommended as an excellent step-by-step conceptual guide for those embarking on their first [international joint venture], as well as a solid reference on specific issues for the more experienced venturer," Patrick Tolbert, Executive Vice President, Chief Financial and Administrative Officer, LSG Sky Chefs, Inc.

"Effective International Joint Venture Management contains a wealth of practical information, highly pragmatic advice, and an easily followed road map. This book is an indispensable tool for the business executive who needs a concise guide to all matters affecting the formation and management of IJVs," Mark J. Bissell, President & CE0, Bissell, Inc.

The table of contents includes:

Introduction

1. The Commercial Aspects of the International Joint Venture 2. The International Joint Venture: Method 3. The Various Forms of the International Joint Venture Shelter 4. Capital Structure and Negotiations 5. Documentation, Ownership, and Management 6. The Shareholders' Agreement 7. Due Diligence Procedures: Commercial, Legal, and Financial 8. How To Protect Ownership Rights and Management Functions 9. Dispute Resolution and Termination 10. The Closing Process ... Read more

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This book addresses the on-going process of financial restructuring and reform in post-WTO China from a legal perspective. Chapter 1 provides an overview of the impact of the WTO on China’s financial markets and financial law systems. Chapter 2 discusses reform of banking law and regulation in post-WTO China. Chapter 3 addresses the role of the central bank in China’s financial system, focusing on issues of independence and accountability of the People’s Banking of China (PBOC), China’s central bank. Chapter 4 analyses China’s compliance with WTO obligations in the area of banking. Chapter 5 discusses the role of asset management companies (AMCs) in China’s on-going banking restructuring and liberalization. Chapter 6 analyses the development of securities markets in China, the challenges being faced and the impact of the WTO. Chapter 7 describes insurance and its development in China, focusing on the role of the WTO in liberalization. A new topic in China, i.e., financial conglomerates, is discussed in chapter 8, building upon the discussions in the previous chapters. Chapter 9 in turn studies the issue of financial institution insolvency and restructuring as noted in previous chapters, key issues in China. Chapter 10 discusses the double impact of the WTO and one of China’s regional trade agreements, CEPA, on China’s banking law.

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In this very thorough but highly accessible book an eminent legal scholar clearly explains today s system of international trade law and international economic relations as it has evolved over the last six decades. Focusing inevitably on the major innovations that came with the inception in 1994 of the World Trade Organization (WTO) with its various agreements, the analysis also provides in-depth commentary on the intense debate over important matters than remain unsettled. Among the aspects of the subject treated in depth are the following:

the WTO dispute settlement mechanism;
services the General Agreement on Trade in Services (OATS);
investments the Agreement on Trade-Related Investment Measures (TRIMS);
intellectual property rights -the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS):
areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947;
the Most Favoured Nation (MFN) concept;
special provisions relating to agriculture and textiles;
sanitary and phytosanitary measures:
technical barriers to trade;
pre-shipment inspection: and import licensing procedures.

The author describes all the major precedent-setting cases in WTO jurisprudence and analyzes their effect to date and the trends they have set in motion, particularly as they relate to perceived discrimination against developing nations which must balance their WTO commitments with the structural adjustments demanded by the World Bank and International Monetary Fund (IMF) regimes.

Arguments within the WTO and among scholars over such controversial matters as regulation of competition, setting of labour standards, and environmental controls as well as thorny concerns raised by enforcement of intellectual property rights and limitation on investments are held up to close scrutiny for their legal merits. This rigorous approach, in addition to its uncompromising detail and revealing clarity, assure this book of a place in the practice library of lawyers, officials, and policymakers in the field for many years to come. ... Read more

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The protection of troubled industries against import surges, called safeguard measures under WTO law, are controversially justified on the basis of economic concerns. This book reviews the economic literature bearing on the soundness of safeguard policies. It also addresses the complex legal issues relating to the constraints on safeguard measures under WTO law, and affords a thorough discussion and critical analysis of the WTO disputes in the area, including the most recent case involving measures protecting the U.S. steel industry. ... Read more

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This book contains the legal texts of the agreementsnegotiated in the Uruguay Round, now the legal framework of the WorldTrade Organization. The agreements will govern world trade into the21st century. They cover: Goods: the updated General Agreement onTariffs and Trade (GATT) that includes new rules on agriculture,textiles, anti-dumping, subsidies and countervailing measures, importlicensing, rules of origin, standards, and pre-shipmentinspection. (The original GATT text is also included in this volume.)Services: the General Agreement on Trade in Services (GATS)Intellectual property: the Agreement on Trade-Related IntellectualProperty Rights (TRIPS) Disputes: the new dispute settlementmechanism; The legal framework for the World Trade Organization.English, French and Spanish versions available. ... Read more

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ntellectual property, and especially international intellectualproperty, is a field of rapid growth and increasing importance,particularly given the high rate of modern technological advances.This work provides a comprehensive introduction to intellectualproperty covering all aspects of intellectual property law andadministration. Coverage includes+an in-depthexamination of international cooperation in intellectual property,including an analysis of the principal multilateral treaties in thefield;+attention to the administrative details of variousregimes, including patent information, documentation systems, and thefunctioning of industrial property offices; and +materialprepared by the International Bureau of the World IntellectualProperty Organization.Introduction to IntellectualProperty has proven a popular reference work for governmentofficials, lawyers, intellectual property attorneys andbusinesspeople. Its coverage and introductory level also make itappropriate for practitioners considering the expansion of theirpractices or those who find themselves dealing with some intellectualproperty issues in their current practices and need to becomearticulate on the subject. In addition, this work is useful foracademics involved in the study of intellectual property. ... Read more

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This volume provides discussion and policy recommendations by leading WTO negotiators and policy-makers, and analysis by leading economists, political scientists and trade lawyers on the major subjects of the Doha Round negotiations. Over 30 contributors explore the complexity of the world trading system and of the WTO negotiations for its reform from diverse political, economic and legal perspectives. ... Read more

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This book presents a conceptual framework for analyzing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the conceptual understanding of the crucial, but still elusive, issue of the definition of subsidy. The first, important finding is that the topic is not only technical but raises more fundamental questions about the objectives of subsidy control in a given legal system and, more radically, about the goals of that system itself. The analysis does not only concentrate on the state of the law but critically looks forward offering suggestions for new interpretations and law reform.

The book focuses on the substantive provisions of the EC and WTO relating to what are identified by the author as the core properties of a notion of subsidy, ie a form of public action, the grant of an economic advantage and the ensuing impact on the competitive process.

The current regulation in EC and WTO law is analysed, compared and assessed in depth, and tested against a baseline represented by of a 'notion of subsidy inserted in a subsidy regulation pursuing certain objectives'. Drawing on the results of the comparative exercise, the book argues that both systems can learn valuable lessons from each other to achieve a greater coherence and more efficient regulatory system. ... Read more

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`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.

TThe book offers a contrasting view of the Agreement on Safeguards, an instrument the use of which, according to the authors, could, in principle, be defensible: WTO Members will have extra incentives to make commitments within a flexible contract. Moreover, safeguards can, in their view, help ease the pressures from domestic lobbies by facilitating (sometimes necessary) adjustment costs. However, the case law is described by the authors as having adopted a rather inflexible stance, the end result of which is that no imposition of safeguards has survived the test of consistency with WTO law. They identify the apparent rationale for the case law as an over-insistence on what they label the highly uninformative fair/unfair trade distinction. ... Read more

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This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can over-ride the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings.

To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues. The current state of law and practice which has emerged through panel and Appellate Body reports is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.

Standards of Review in WTO Dispute Resolution is a significant contribution to a perplexing subject. It also contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.
... Read more

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This work on the law of subsidies has been long-awaited by many actors in international trade. With its introduction of the concept of 'attenuation' of entitlement, Marc Benitah's utterly new analysis alters our understanding of the international economic law of subsidies - and its future invocation and jurisprudence - forever.

The issue of subsidies is arguably the predominant theme, at this moment, in international economic law, and a consistent approach to the legal treatment of subsidies is urgently needed. In Professor Benitah's view, the answer lies in the recognition that entitlements granted to a party seeking to defend itself against the `adverse effects' of subsidies must be `attenuated' in order to avoid undesirable economic and social consequences.

In the various techniques of attenuation - thoroughly described and analyzed in this book - may be found the unifying thread on which a logical, coherent law of subsidies may be strung.

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How do trade agreements interact with agreements on human rights or the environment? In case of conflict, which agreement should prevail? Must trade disputes be examined only from the angle of trade rules or should account be taken also of non-trade values?Joost Pauwelyn considers these questions and reveals how the different rules of international law interact, with the aid of procedural guidelines when conflict occurs.This book interests trade diplomats, international civil servants, lawyers, NGOs and scholars of public international law and international trade law. ... Read more

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Proceedings of a workshop examining the most serious restraints that prevent or hinder individual professionals and professional services firms wishing to provide services abroad.It also looks at how regulatory reform can assist this sector. ... Read more

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The publication of Frederick Abbott's new book -- Lawand Policy of Regional Integration -- could not be moretimely. The impact of the NAFTA on the North American marketplace hasclearly manifested itself over the past year and the emergence of theWorld Trade Organization (WTO) as the regulator of global commercewill have a profound influence on the conduct of international trade.This book provides a comprehensive approach to the study of the NAFTAand its implications for the global trading system. It covers thepolitical and legal process of NAFTA approval as well as the NAFTA'spotential economic impact. Detailed analysis is given to the NAFTArule systems, dispute settlement mechanisms, and environmentalimplications. Perhaps most importantly, this book situates the NAFTAinto the broader global multilateral trading system now to be embodiedin the WTO. It examines the legal rules of the WTO designed toregulate the activities of regional integration arrangements. Itconsiders the potential for conflict between the rules and tradepolicies of the WTO and those of the NAFTA. This book holds a strongappeal for practitioners and academics interested in internationaleconomic law. This book is the first volume in the new NAFTA LAW AND POLICYseries. This series will include high-quality studies of differentaspects of NAFTA, including legal analysis and commentary on theAgreement. Among the numerous areas that will be covered in the seriesare NAFTA topics as diverse as agriculture, dispute settlement,environment, intellectual property rights, investment, and labour. ... Read more

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This digital document is an article from The International Economy, published by International Economy Publications, Inc. on January 1, 2010. The length of the article is 1305 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.

Citation Details
Title: Is China killing the WTO? Chinese officials are ignoring both international and local law for companies that produce for export.(World Trade Organization )
Author: Susan Ariel Aaronson
Publication: The International Economy (Magazine/Journal)
Date: January 1, 2010
Publisher: International Economy Publications, Inc.
Volume: 24Issue: 1Page: 40(3)

Distributed by Gale, a part of Cengage Learning ... Read more