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International Trade Law Commons™

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WTO

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Articles 241 - 270 of 292

Full-Text Articles in International Trade Law

The Case For Auctioning Countermeasures In The Wto, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger Jan 2004

The Case For Auctioning Countermeasures In The Wto, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger

Faculty Scholarship

A major accomplishment of the Uruguay Round of GATT negotiations in creating the World Trade Organization (WTO) was the introduction of new dispute settlement procedures. These procedures were intended to provide a significant step forward, relative to GATT, in the settling of trade disputes, in large part by ensuring that violations of WTO commitments would be met with swift retaliation ("suspension of concessions") by the affected trading partners. While the dispute settlement procedures of the WTO indeed represent a considerable improvement over those in GATT, nine years of experience under the new procedures suggests that significant problems of enforcement remain …

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Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen Nov 2003

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs

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The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond Oct 2003

The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Cornell Law Faculty Publications

No abstract provided.

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Multilateral Environmental Agreements & World Trade, Melanie Nakagawa Jan 2003

Multilateral Environmental Agreements & World Trade, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.

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Poverty Reduction, Trade, And Rights, Chantal Thomas Jan 2003

Poverty Reduction, Trade, And Rights, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

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The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas Jan 2003

The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

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Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas Jan 2003

Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas

Cornell Law Faculty Publications

This Article is the first in a series of studies of the globalization of illicit markets. My theses are as follows: First, the increase in international trade in illicit products and services parallels the growth in international trade more generally that accompanies the phenomenon of globalization. Second, at the same time that most international trade law has moved toward a posture of liberalization, there has been a movement to strengthen the prohibition and punishment of trade in illicit transactions. Third, the mechanisms that have developed to regulate this prohibition constitute a significant development in the international legal order.

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Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian Jan 2003

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …

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The Byrd Amendment Is Wto-Illegal: But We Must Kill The Byrd With The Right Stone, Jagdish N. Bhagwati, Petros C. Mavroidis Jan 2003

The Byrd Amendment Is Wto-Illegal: But We Must Kill The Byrd With The Right Stone, Jagdish N. Bhagwati, Petros C. Mavroidis

Faculty Scholarship

On 16 January 2003, the WTO Appellate Body issued its report on United States – Continued Dumping And Subsidy Offset Act Of 2000 (WTO Doc. WT/DS217 and 234/AB/R). In this report, the Appellate Body condemned the so-called US Byrd Amendment by finding that it was inconsistent with the US obligations under the WTO Agreements on Antidumping (AD) and Subsidies and Countervailing Measures (SCM).

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Trade Sanctions And Human Rights–Past, Present, And Future, Carlos Manuel Vázquez Jan 2003

Trade Sanctions And Human Rights–Past, Present, And Future, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The relationship between the international law of trade and the international law of human rights has commanded an increasing amount of scholarly attention in the past few years, perhaps spurred by the well-known events at Seattle in 1999. This article offers some reflections on this relationship, focusing on the permissibility under international law of imposing trade sanctions against nations that commit violations of international human rights. Part I begins with some reflections on the historical relationship between these two bodies of law. Part I also considers why the human rights community appears to feel threatened by the international trade system, …

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Interview Of Clayton Yeutter Conducted By Douglas Ierley On August 29, 2002, Institute Of International Economic Law, Georgetown University Law Center Aug 2002

Interview Of Clayton Yeutter Conducted By Douglas Ierley On August 29, 2002, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Ambassador Clayton K. Yeutter, Former Counsellor to the U.S. President, Former U.S. Secretary of Agriculture, and Former U.S. Trade Representative, conducted by Douglas Ierley on August 29, 2002.

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Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly Jan 2002

Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly

Northwestern Journal of International Law & Business

In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.

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Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan Jan 2002

Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan

Northwestern Journal of International Law & Business

International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …

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World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty, And Environmental Health In The Balance, The , Ari Afilalo, Sheila Foster Jan 2002

World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty, And Environmental Health In The Balance, The , Ari Afilalo, Sheila Foster

Faculty Scholarship

A discussion of how the World Trade Organization (WTO) resolves disputes centering on the tension between the free trade commit ment of the General Agreement on the Tariffs and Trade (GATT) and domestic policies regarding such matters as environmental, health, consumer, and labor protection. This article describes this evolving jurisprudential framework and the cases that comprise it, and illustrates how this framework articulates and applies an anti-discrimination norm that pervades the GATT. If properly articulated and applied, we argue, the anti-discrimination jurisprudence of the WTO will foster the trade interests that underlie the GATT up to the point where the …

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It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis Jan 2002

It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis

Faculty Scholarship

In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTIO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argue that as a general matter these are best handled outside the WTO, and that, while implicit links might be encouraged, explicit links between the WTO and other labor and environmental …

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Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis Jan 2002

Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

At the recent WTO ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition, on the basis of explicit consensus on modalities to be agreed at the 5th WTO ministerial in 2003. Discussions in WTO since 1997 have revealed little support for ambitious multilateral action. Proponents of WTO antitrust disciplines currently propose an agreement that is limited to ‘core principles’ – nondiscrimination, transparency, and provisions banning ‘hard core’ cartels. We argue that an agreement along such lines will create compliance costs for developing countries while not addressing the anticompetitive behavior of firms …

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Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr. Jan 2002

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley Jan 2001

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

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An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth Jan 2001

An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth

Richmond Journal of Global Law & Business

Multinational companies (“MNCs”) and governments that are fantasizing about a Free Trade Area of the Americas (“FTAA”) should accept the reality that the FTAA is not politically viable for the time being unless the issues of labor rights and other social conditions are addressed in a manner demonstrating that these rights are consistent with commercial rights that are protected in careful detail in many pages of the draft FTAA agreement.

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Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk Jan 2001

Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk

Richmond Journal of Global Law & Business

No abstract provided.

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Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu Jan 2001

Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu

Law Faculty Articles and Essays

In this article, we observe the legalized character of the phenomenon popularly called “globalization.” We first examine what it means to be a legalized phenomenon and observe that an important part of legalization is legitimation. In domestic legal regimes, legitimation is accomplished through the Rule of Law, which makes certain claims about the nature of the society of which the legal regime is a part. Simply stated, the Rule of Law claims that a legal system is legitimate if its rules are definite and predictable and are applied in a general, impartial, and non-retroactive manner. In the international trading system …

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China And Wto: The Impact Of International Norms On China’S Foreign Trade Legal Reform, Yun Zeng Jan 2001

China And Wto: The Impact Of International Norms On China’S Foreign Trade Legal Reform, Yun Zeng

LLM Theses and Essays

This thesis examines the impact of the GATT/WTO system on China’s foreign trade legal reform and further explains the beneficial effects of China’s membership for themselves, the WTO, and other participating nations. The thesis elaborates briefly on the history of China’s effort to become a member of the WTO. It further examines major obstacles to China’s admission to WTO in terms of compatibility between the pre-form Chinese foreign trade regime and the WTO framework. The thesis then describes China’s reform efforts in its foreign trade legal regime since its application to the GATT in 1986 and assess the influence of …

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Constitutional Change And International Government, Chantal Thomas Nov 2000

Constitutional Change And International Government, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

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Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas Jan 2000

Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas

Northwestern Journal of International Law & Business

Trade in technology and related services has assumed a major role both on the world trade agenda and within the NAFTA block. The success of such cross-border trade is dependent upon three factors: protection of intellectual property,' access to foreign markets by service providers, and a minimized risk of double taxation. Each of these factors is impacted by national laws, multinational conventions, and bilateral tax treaties. The last decade has witnessed an explosion of such legislation and agreements. This article focuses on Canada, Mexico and the United States, and explores the World Trade Organization Agreement ("WTO Agreement"), the North American …

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The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli Jan 2000

The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli

Scholarly Works

No abstract provided.

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The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian Jan 2000

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

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Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas Jan 2000

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

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Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim Jan 2000

Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim

LLM Theses and Essays

As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …

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The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy Jan 2000

The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy

Publications

No abstract provided.

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Affordable Internet Access For All Americans, Mark J. Maier Jan 1999

Affordable Internet Access For All Americans, Mark J. Maier

Richmond Journal of Law & Technology

There are times in our history where new technologies burst onto the scene and have a major impact on our lives. We live in one such time. The Internet is revolutionizing how people and organizations interact with each other. Examples of these paradigm changes include how students are now being educated online with minimal face time with their teachers; governments are being forced to adapt to the new circumstance where once formidable geographical boundaries between countries are being lowered by information technology; and the military is realizing that it needs to harness this new technology or be defeated by it.

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