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Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Lukasz Gruszczynski

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578924
eISBN:
9780191722646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578924.001.0001
Subject:
Law, Public International Law, Environmental and Energy Law

The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has ... More


Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Michelle T. Grando

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.001.0001
Subject:
Law, Public International Law

This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of ... More


Norms, International Legitimacy, and Contemporary World Society

Ian Clark

in International Legitimacy and World Society

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199297009
eISBN:
9780191711428
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297009.003.0009
Subject:
Political Science, International Relations and Politics

This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is ... More


The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Luca Rubini

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.001.0001
Subject:
Law, Public International Law, EU Law

This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the ... More


Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Erich Vranes

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.001.0001
Subject:
Law, Public International Law, EU Law

This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ... More


Conclusions

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0010
Subject:
Law, Public International Law

This final chapter summarizes the conclusions of the book. This book has tried to explain how the Appellate Body approaches the interpretation of the WTO covered agreements, and the hope is that it ... More


The Main Actors in the Process of Fact-Finding and the Development of the Factual Record

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0005
Subject:
Law, Public International Law

This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter ... More


Conclusion

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0006
Subject:
Law, Public International Law

The book concludes that many of the rules governing the process of fact-finding in WTO dispute settlement are not optimally designed. This concluding chapter reviews the main findings in this regard ... More


Trade in Goods: The GATT and the Other Agreements Regulating Trade in Goods

Petros Mavroidis

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552139
eISBN:
9780191716591
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552139.001.0001
Subject:
Law, Public International Law

This book analyses the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history ... More


Blame it on the WTO?: A Human Rights Critique

Sarah Joseph

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199565894
eISBN:
9780191728693
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565894.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these ... More


American Exceptionalism and International Organization: Lessons from the 1990s

Edward C. Luck

in US Hegemony and International Organizations: The United States and Multilateral Institutions

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199261437
eISBN:
9780191599309
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199261431.003.0002
Subject:
Political Science, International Relations and Politics

Considers how domestic political processes affect American behaviour in and towards multilateral organizations. The author first discusses the nature of American exceptionalism and looks at the ways ... More


The United States and the GATT/WTO System

Gautam Sen

in US Hegemony and International Organizations: The United States and Multilateral Institutions

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199261437
eISBN:
9780191599309
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199261431.003.0006
Subject:
Political Science, International Relations and Politics

An examination is made of the relationship between the US and the General Agreement on Tariffs and Trade (GATT), and its successor, the World Trade Organization, addressing the crucial question of ... More


The EU and China

Richard Youngs

in The European Union and the Promotion of Democracy: Europe's Mediterranean and Asian Policies

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199249794
eISBN:
9780191600357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199249792.003.0006
Subject:
Political Science, Democratization

This chapter charts the evolution of European policies towards China since the early 1990s. It outlines the EU's tentative moves towards addressing human rights concerns in China and examines how ... More


Order and Justice in the International Trade System

John Toye

in Order and Justice in International Relations

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199251209
eISBN:
9780191599293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251207.003.0005
Subject:
Political Science, International Relations and Politics

Toye focuses on issues relating to substantive justice as mediated through the international trade regime. He argues that the transition from the GATT to the WTO is leading to the continuation, ... More


Introduction

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0000
Subject:
Law, Public International Law

This introductory chapter begins with a brief discussion of how the evolution and increased sophistication of the WTO legal system has resulted in more complex disputes requiring the resolution of ... More


Optimizing the Process of Fact-Finding

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0001
Subject:
Law, Public International Law

This chapter presents some basic ideas to be used in the enterprise of understanding, assessing, and designing suggestions for improving the process of fact-finding (or process of proof) in WTO ... More


Basic Concepts

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0002
Subject:
Law, Public International Law

This chapter discusses the meaning of basic concepts such as the burden of proof, standard of proof, and presumptions. It explains how those concepts are defined in the common law system, the civil ... More


Functioning of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0003
Subject:
Law, Public International Law

The previous chapter introduced some basic concepts related to the process of fact-finding and briefly outlined how those concepts are applied in international dispute settlement proceedings, ... More


The Allocation of the Burden of Proof

Michelle T Grando

in Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.003.0004
Subject:
Law, Public International Law

Taking into account the fact that the question of the allocation of the burden of proof has not been addressed in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), ... More


Why Adjudicate?: Enforcing Trade Rules in the WTO

Christina L. Davis

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.001.0001
Subject:
Political Science, International Relations and Politics

The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather ... More


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