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Series:

R. Rajesh Babu

The World Trade Organization (WTO) dispute settlement system, has succeeded, since its establishment in 1995, in generating a perception that the DSU offers one of the most advanced multilateral adjudicatory systems that exist today, principally because of the large volume of cases it has attracted and settled. Despite a high record of satisfactory settlements of disputes and tall claims in appreciation, there is an equal amount of scepticism, particularly about the nature and content of remedies for violations of WTO rights and obligations. This book presents a critical review on the problems stemming from the nature and scope of the WTO remedies and its enforcement. The study highlights in a comparative perspective the lacunas and inadequacies in the current system, and in the process, accentuates the detrimental nature of the WTO remedies on the interest of the developing and least developing countries.

Series:

William J. Davey

Also available as an e-book

International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the most favoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.

WTO and the Greater China

Economic Integration and Dispute Resolution

Series:

Chien-Huei Wu

This book illustrates how the constitutional feature of the WTO – allowing separate customs territories to become a Member – brings about the coexistence of China, Taiwan, Hong Kong and Macau (the Greater China) in the WTO. It examines the economic integration and the dispute settlement systems within Greater China. It explores their interactions within the multilateral WTO framework, their practices under the new genre of FTA, and their policies in adopting trade defence measures against each other. This book offers a good case study on the impact of WTO membership upon domestic reform and how it contributes to regional integration. It also provides a comprehensive analysis on the existing provisions in the WTO agreements pertaining to judicial review.

Latin American Investment Protections

Comparative Perspectives on Laws, Treaties, and Disputes for Investors, States and Counsel

Edited by Jonathan C. Hamilton, Omar E. Garcia-Bolivar and Hernando Otero

Latin American Investment Protections provides a unique country-by-country discussion of legal protections, dispute resolution and arbitration relating to foreign investment in Latin America. Topics include relevant local laws, legal stability regimes (often overlooked), related State institutions, treaties for the protection of foreign investments, international arbitration and other dispute resolution mechanisms and foreign investment disputes involving investment in Latin America.

Featuring chapters surveying 18 countries and prepared by a field of leading experts, Latin American Investment Protections is tailored to investors, host States, legal practitioners and academics alike, providing a comprehensive
overview of the field.

Economic Integration in South Asia

Charting a Legal Roadmap

Series:

Rizwanul Islam

Eight member countries of the South Asian Association for Regional Cooperation (SAARC) have recently concluded the Agreement on South Asian Free Trade Area (SAFTA) and SAARC Agreement on Trade in Services (SATIS). To date, the progress of sub-regional trade integration in South Asia appears to be rather lacklustre. This book critically analyses the international legal aspects of economic integration in South Asia. It argues that although there are economic constraints in bringing about greater economic integration in South Asia, those constraints are not insurmountable. Many of the constraints are merely outcomes of dubious policies pursued by the policy makers in the sub-region and can be tackled with sustained political commitment towards the cause of the South Asian economic integration.

An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement

An Interpretation of the TRIPS Agreement in Relation to the Right to Health

Series:

Ping Xiong

This book offers an analysis of the interpretation of the WTO TRIPS Agreement and its impact on the right to health. It furthers understanding of WTO jurisprudence and researches the topic in a broad framework of international law. It examines the extent to which the patent protections in the TRIPS Agreement are consistent with the right to health, and in particular with access to medicine. It helps to underpin an understanding of the relationship between human rights law and intellectual property law – specifically between the right to health and patent protection. It usefully analyses the relationship between TRIPS and the right to health and develops an understanding of interpretive techniques for use within WTO dispute settlement.

Contracts for the International Sale of Goods

Applicability and Applications of the 1980 United Nations Sales Convention

Franco Ferrari

Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions.

A special course adoption price is available for an order of six or more copies from a university bookstore. Contact cs@brillusa.com or sales@brill.com.

Global Sukūk and Islamic Securitization Market

Financial Engineering and Product Innovation

Series:

Muhammad al-Bashir Muhammad al-Amine

The Sukūk market is the fastest growing segment of international finance. The study explores the dimension of this market, its growth globally and the main Sukūk markets. The liquidity in this market, the main currency denomination, the subscription diversification, the subprime crisis effects and the dominant structures are elaborated. The difference between sovereign and corporate Sukūk, the benefits and reasons behind Sukūk issuance as well as the Sharī‘ah basis are analysed. Securitisation as the best way forward for Sukūk structuring is scrutinized. The study also discusses the various legal, Sharī‘ah, financial and operational risks facing Sukūk as well as the default controversies. Finally the book examines the methodologies in rating Sukūk and highlights the issues of Sukūk listing, Sukūk index and Sukūk fund.

European Food Regulation after Enlargement

Facing the Challenges of Diversity

Series:

Karolina Żurek

This book presents a critical legal perspective on the current direction of EU food regulation. Analysing three regulatory mechanisms - mutual recognition, scientific risk regulation and standardisation - in the evolution of food legislation in the EU, the book shows the inadequacy of the current framework in facing the challenges of enlargement. Using the particular experience of a new member state, Poland, the book argues that an enlarged Europe must not disregard diverse socio-economic implications of market regulation. Due to historical legacies and a bias in favour of homogeneity, the EU food regulatory regime has generated a one-dimensional crisis-oriented approach. As a result, it tends to overlook other legitimate concerns such as quality, diversity and local traditions. This book argues that this need not be so.

Series:

Guiguo Wang

Also available as an e-book

The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.