Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Appellate Body (1)
- Bagwell–Staiger model (1)
- Culture (1)
- Definitions (1)
- EC-Seal products (1)
-
- European Union (1)
- Exceptions (1)
- Exports (1)
- GATT (1)
- Grossman–Helpman model (1)
- IC exception (1)
- Inuits (1)
- MRM exception (1)
- Practitioners story (1)
- Protectionism (1)
- Regulation (1)
- Seal hunting (1)
- Seals (1)
- Standard model (1)
- Technical Barriers to Trade (TBT) Agreement (1)
- Trade agreement (1)
- Travelers' exception (1)
- Tribunals (1)
- World Trade Organization (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Explaining Trade Agreements: The Practitioners' Story And The Standard Model, Donald H. Regan
Explaining Trade Agreements: The Practitioners' Story And The Standard Model, Donald H. Regan
Articles
There are two widely accepted explanations of why politically motivated governments make trade agreements. There is an informal explanation, which I shall call the ′practitioners′ story′, even though it is most economists′ informal view as well. And there is a formal explanation in the economics literature, which I shall call the ′standard model′, referring to the basic structure shared by the Bagwell-Staiger and Grossman-Helpman models. Unfortunately, the practitioners′ story and the standard model contradict each other at every crucial point. For example, in the practitioners′ story, trade agreements are about reducing politically motivated protectionism; and getting an agreement depends on …
Measures With Multiple Purposes: Puzzles From Ec-Seal Products, Donald H. Regan
Measures With Multiple Purposes: Puzzles From Ec-Seal Products, Donald H. Regan
Articles
European Communities—Measures Prohibiting the Importation and Marketing of Seal Products is the first case in which the dispute system of the World Trade Organization (WTO) has wrestled with a regulation that pursued multiple conflicting, legitimate purposes. (I will explain later why Brazil—Retreaded Tyres is not such a case.) This generates puzzles about applying the definition of a “technical regulation” to complex measures; about whether an exception to a ban can be justified by a purpose different from that of the ban; and about how to apply “less restrictive alternative” analysis to measures with multiple goals. The first of these puzzles …
Ec – Seal Products: Seals And Sensibilities (Tbt Aspects Of The Panel And Appellate Body Reports), Donald H. Regan
Ec – Seal Products: Seals And Sensibilities (Tbt Aspects Of The Panel And Appellate Body Reports), Donald H. Regan
Articles
The EC-Seal Products case stemmed from complaints by Canada and Norway against European Union regulations that effectively banned the importation and marketing of seal products from those countries. The EU said it had responded to European moral outrage at the killing of seals. Canada and Norway challenged the regime under various provisions of the Technical Barriers to Trade (TBT) Agreement and the GATT. This article considers TBT aspects of the Panel and Appellate Body decisions. It discusses issues such as whether there is any bright line to be drawn between legitimate and illegitimate purposes in regulation, the proper legal meaning …