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This book describes the institutional system the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structure and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.
The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
In a practical and authoritative article-by-article account, this volume covers the legislative history, interpretation and practical application of the Agreement establishing the World Trade Organization.
The "Max Planck Commentaries on World Trade Law" explain the whole range of world trade law in seven individual article-by-article type commentaries. While the first volume ("WTO - World Economic Order, World Trade Law") serves as a nutshell-type introduction to the WTO, the remaining six volumes focus on specific aspects of WTO law. The second volume ("WTO - Institutions and Dispute Settlement") brings together the WTO institutional fundamentals and the whole dispute settlement. The third volume ("WTO - Technical Barriers and SPS Measures") deals with the most controversial provisions on technical standards, protection of health and environment. The fourth volume ("WTO - Trade Remedies") is devoted to the very specific area of antidumping, subsidies and safeguards. The fifth volume ("WTO - Trade in Goods") comments on the substantial trade in good rules of the GATT/WTO. Eventually, the sixth and seventh volume ("WTO - Trade in Services" and "WTO - Trade-Related Aspects of Intellectual Property Rights") deal with intellectual property rights and trade in services rules respectively.
This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.
With the establishment of the WTO, trade in services became part of the world trade order. Volume 6 is dedicated to these rather recent developments. It covers the core agreement, the General Agreement on Trade in Services (GATS) with annexes, as well as the additional instruments , which have been adopted later on to govern the liberalization in specific sectors. Those are the Understanding on Commitments in Financial Services, the Second Protocol on Financial Services, the Third Protocol on the Movement of Natural Persons, the Fourth Protocol on Basic Telecommunications and the Fifth Protocol, which contains further rules for financial services. This volume will be a valuable reference tool for the WTO community as a whole, as well as for professionals and researchers, who deal with one of the sectors concerned, e.g. financial services and telecommunications. Furthermore, it is highly relevant in view of those sectors, which are the subject of ongoing liberalization efforts or earmarked for future negotiations, namely accounting, legal services, transport, tourism, environmental services, legal and educational services.
According to the WTO, over a fifth of world trade consists of transactions in services. The General Agreement on Trade in Services (GATS) was created to extend the multilateral trading system to services, in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for trade in goods. Given its reach, the treaty's significance continues to grow.