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Series:

Peter-Tobias Stoll and Frank Schorkopf

Since its foundation in 1995, the World Trade Organization, with its extensive legal provisions, has been defining the world trade relations and also had an enormous impact on both European and national economic law. At the same time, the WTO is perceived within the political discussion as a symbol for the world trade relations as a whole, the challenges of globalization and justice of the world trade order. Due to the expansion, consolidation and the increased enforcement of its rules, the relevance of the World Trade Organization will continue to increase.
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 structures 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.
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Abdulmalik M. Altamimi

1 Introduction Any current academic discussion of the world trading system must acknowledge the ‘legalism’ polemics that have become the hallmark of the subject today. The events of the past decade (especially the fiasco of the Doha Development Round ( ddr )) and the delay in finalising the

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Edited by Rüdiger Wolfrum and Peter-Tobias Stoll

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. Finally, 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.
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Jennifer M. Miller

-free trade tirades and actions against countries like China and organizations like the World Trade Organization are direct updates of his 1980s-era critiques of Japan. At the same time, he expects Japan to support his political and economic agenda through investment in the United States, especially in

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African Participation at the World Trade Organization

Legal and Institutional Aspects, 1995-2010

Series:

Joan Apecu Laker

On the basis of a systematic accumulation of primary evidence, over a 15-year period, the book describes African trade policy behavior. Through the analysis of original data, African Participation at the World Trade Organization: Legal and Institutional Aspects, 1995-2010 concludes that there is wide scope for improvement in African participation in the WTO. Based on the current transitions in the global economy, the author encourages African Members of the WTO to break from the "inertia of a special and differential exemption orientation", align the trade policy behavior of African Capitals with the Geneva "Frontline"; and, ensure adequacy of deployed resources to three core areas of WTO work: dispute settlement; administration of existing Agreements; and, multilateral negotiations.

Finally, the conclusion identifies a detailed and pragmatic roadmap for African policy makers to maximize the benefits of global trade integration and WTO Membership.

African Participation at the World Trade Organization: Legal and Institutional Aspects, 1995-2010 is a must read for anyone interested in the factors, motivations and explanations that have underpinned the behavior of African countries in the GATT/WTO system of trade rules.
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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.
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Series:

Edited by Rüdiger Wolfrum and Peter-Tobias Stoll

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.
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World Trade Systems of the East and West

Nagasaki and the Asian Bullion Trade Networks

Series:

Geoffrey C. Gunn

In World Trade Systems of the East and West, Geoffrey C. Gunn profiles Nagasaki's historic role in mediating the Japanese bullion trade, especially silver exchanged against Chinese and Vietnamese silk. Founded in 1571 as the terminal port of the Portuguese Macau ships, Nagasaki served as Japan's window to the world over long time and with the East-West trade carried on by the Dutch and, with even more vigor, by the Chinese junk trade. While the final expulsion of the Portuguese in 1646 characteristically defines the “closed” period of early modern Japanese history, the real trade seclusion policy, this work argues, only came into place one century later when the Shogunate firmly grasped the true impact of the bullion trade upon the national economy.
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Edited by Kern Alexander and Mads Andenas

The World Trade Organisation plays the primary role in regulating international trade in goods, services and intellectual property. Traditionally, international trade law and regulation has been analysed primarily from the trade-in-goods perspective. Services are becoming an important competence for the WTO. The institutional, legal and regulatory influence of the General Agreement on Trade in Services (GATS) on domestic economic policymaking is attracting increasing attention in the academic and policymaking literature.

The growing importance of services trade to the global economy makes the application of the GATS to trade in services an important concern of international economic policy. The GATS contains important innovations that build on the former GATT and existing WTO/GATT trade regime for goods. This book fills a void in the academic and policymaking literature by examining how the GATS governs international trade in services and its growing impact on the regulatory practice of WTO member states. It offers a unique discussion of the major is-sues confronting WTO member states by analysing the GATS and related international trade issues from a variety of perspectives that include law, political economy, regulation, and business.

Moreover, the role of the WTO in promoting liberalised trade and economic development has come under serious strain because of the breakdown of the Doha Development Round negotiations. The book analyses the issues in the Doha services debate with some suggested policy approaches that might help build a more durable GATS framework. The book is a welcomed addition to the WTO literature and will serve as a point of reference for academics, policymakers and practitioners.
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Series:

Rhonda Ferguson

In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.