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WTO and the Greater China

Economic Integration and Dispute Resolution

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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.

Josef Gregory Mahoney

sense is one that tries to maintain hegemony without revealing the fist outright, and that it does so through numerous activities and institutions designed to legitimise and normalise global capitalist expansion. Among such activities and institutions we include, especially, the WTO, which, in the final

Panagiotis Delimatsis

1. Introducing the WTO Created only in 1995, the potentially broad scope of the World Trade Organization (WTO) attracted the attention and critique of many, including international law scholars and political scientists, export-oriented companies and import-competing groups, domestic authorities

Ehab S. Abu-Gosh and Rafael Leal-Arcas

positive action in this area if we were to come to a prompt closure of the Doha Round.” 1 Pascal Lamy, Director General WTO I. Introduction The environmental significance of natural resources was explicitly recognized in the multilateral trade agreements with the establishment of the General

Anna-Alexandra Marhold

system, 2) the rise of a multitude of treaty regimes significant for energy governance in various ways, 3) a corresponding plethora of relevant entities, 4) the diversity and continuous development of energy sources, and, finally 5) the pursuit of national interest. 2 The World Trade Organization (WTO

Jannie Lilja

To explain the collapse or success of multilateral trade talks, one needs to understand how negotiation positions are formed within individual negotiating parties, in this case, the WTO member states. 1 A negotiation position taken by a country is a function of different factors, including

Nikolaos Lavranos and Nicolas Vielliard

© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157180308X373103 Th e Law and Practice of International Courts and Tribunals 7 (2008) 205–234 Competing Jurisdictions Between MERCOSUR and WTO Nikolaos Lavranos * Senior Researcher European & International Law, Law Faculty, ACIL University of

Dimitris Liakopoulos

1 Introduction 1 By now it is not surprising that the World Trade Organization ( WTO ) involved in times not a relaxation, but a stiffening of the contractual constraints in a sector—that of commercial policies—in which the states had always shown to prefer complete freedom of maneuver. 2 To a

Maya Hertig Randall

This article focuses on the interface of the WTO with a quintessential civil and political right, the right to freedom of expression. It analyses both potential synergies and conflicts between WTO law and free speech. Since the WTO operates within a multilayered governance structure, the article adopts a comparative approach, examining the protection and relationship of free speech and free trade on the domestic, regional and global layers. Building on these findings, the article argues that the WTO judiciary should interpret exception clauses broadly and grant members sufficient leeway to implement free speech-enhancing policies. Such “defensive uses” of freedom of expression should be admissible even if they are not underpinned by a universally shared conception of free speech. By contrast, “offensive” uses of freedom of expression require a more cautious approach. They should preclude the justification of a WTO inconsistent measure in two cases: firstly, when it was found in breach of free speech by an international human rights monitoring body, and secondly, when it consists in a policy of state censorship and repression targeting political speech, broadly defined, and thus contravenes customary international law. Both defensive and offensive uses of free speech are ultimately supportive of the WTO’s legitimacy and mandate.

Ousseni Illy and Gabrielle Marceau

I NTERNATIONAL O RGANIZATIONS L AW R EVIEW brill.nl/iolr © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157237409X477662 Global Administrative Law Perspective of the WtO Aid for trade Initiative Gabrielle Marceau and Ousseni Illy* University of Geneva Abstract The emerging Global