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The WTO Dispute Settlement System

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/9780199562237.003.0001
Subject:
Law, Public International Law

This chapter sketches relevant features of the subject of analysis: the WTO dispute settlement system. This book on treaty interpretation by the WTO Appellate Body is essentially concerned with how ... More


Access to Medicine as a Human Right in the WTO Order

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins by discussing the extent to which human rights can be applied in WTO dispute settlement, finding that they can only be used as an aid to interpreting the ‘covered agreements’. It ... More


Inherent Powers and Treaty Interpretation

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/9780199562237.003.0005
Subject:
Law, Public International Law

This chapter focuses on the inherent powers of the Appellate Body, and how the availability and exercise of such powers influences the interpretation and application of procedural rules in WTO ... More


Winners and Losers in the Panel Stage of the WTO Dispute Settlement System

Bernard Hoekman, Henrik Horn, and Petros C Mavroidis

in Developing Countries in the WTO Legal System

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195383614
eISBN:
9780199855445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383614.003.0008
Subject:
Law, Public International Law

Most research on the role of developing countries in the WTO Dispute Settlement (DS) system has focused on their propensity to participate as complainants, respondents, and third parties. Much of ... More


Enforcing WTO Law

Antonello Tancredi

in The Enforcement of EU Law and Values: Ensuring Member States' Compliance

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198746560
eISBN:
9780191808487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746560.003.0021
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter provides a brief analysis of the enforcement tools foreseen in the WTO dispute settlement mechanism. It focuses in particular on some of the peculiarities which differentiate them from ... More


Can the WTO Dispute Settlement System Deal with Competition Disputes? 1

Claus-Dieter Ehlermann and Lothar Ehring

in Reforming the World Trading System: Legitimacy, Efficiency, and Democratic Governance

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199282623
eISBN:
9780191700224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282623.003.0030
Subject:
Law, Public International Law

This chapter examines whether World Trade Organization (WTO) dispute settlement bodies can effectively deal with competition disputes. The chapter describes how WTO rules and the Dispute Settlement ... More


Harmonization of Trade Remedies

Junji Nakagawa

in International Harmonization of Economic Regulation

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199604661
eISBN:
9780191731679
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604661.003.0003
Subject:
Law, Public International Law

This chapter analyzes international harmonization of rules on trade remedies, comprising anti-dumping duties, countervailing duties and safeguards. Originating in domestic law in the US in the late ... More


The WTO Dispute Settlement System: Dealing with Success

William J Davey

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0002
Subject:
Law, Public International Law

The WTO’s dispute settlement system has been relatively successful in resolving disputes over the past twenty years. One consequence of that success is an increasing number of cases involving ever ... More


Community Interests in World Trade Law

Christian Tietje and Andrej Lang

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0012
Subject:
Law, Public International Law

The authors argue that WTO law protects the community interest of promoting an essentially rules-based and fair world market. The core concern of WTO law is to protect trade-conducive structures that ... More


Legitimating Behind the Smoke Screen in the Battle Over Clove Cigarettes

Sivan Shlomo Agon

in International Adjudication on Trial: The Effectiveness of the WTO Dispute Settlement System

Published in print:
2019
Published Online:
October 2019
ISBN:
9780198788966
eISBN:
9780191830976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788966.003.0008
Subject:
Law, Public International Law

Recent years have confronted the World Trade Organization (WTO) Dispute Settlement System (DSS) with an intense wave of complex linkage disputes. US-Clove Cigarettes, which stands at the centre of ... More


General Principles for Integration

Henning Grosse Ruse-Khan

in The Protection of Intellectual Property in International Law

Published in print:
2016
Published Online:
August 2017
ISBN:
9780199663392
eISBN:
9780191850240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199663392.003.0013
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating ... More


The Definition of ‘Conflicts of Norms’

Erich Vranes

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

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0002
Subject:
Law, Public International Law, EU Law

This chapter argues that the narrow definition of conflict prevailing in international law is problematic in legal terms. It submits that an adequate definition of conflict of norms firstly has to be ... More


Non-reciprocal Trade Policies: The Sword and the Shield

Alasdair R. Young and John Peterson

in Parochial Global Europe: 21st Century Trade Politics

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199579907
eISBN:
9780191778728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579907.003.0005
Subject:
Political Science, European Union

Chapter 5 contrasts two policies designed to address “unfair” trade practices—anti-dumping measures and challenges to market access barriers. Both are non-reciprocal policies that are characterized ... More


Intellectual Property and Mega-Regional Trade Agreements: Progress and Opportunities Missed

Thomas Cottier

in Mega-Regional Trade Agreements: CETA, TTIP, and TiSA: New Orientations for EU External Economic Relations

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198808893
eISBN:
9780191846625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808893.003.0006
Subject:
Law, Public International Law

The chapter assesses recent developments in intellectual property protection in the EU–Canadian Comprehensive Economic Cooperation Agreement and the Trans-Pacific Partnership Agreement, and ... More


The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I

Giuliana Ziccardi Capaldo (ed.)

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199388660
eISBN:
9780190271886
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388660.001.0001
Subject:
Law, Public International Law

This is Volume I of the 2013 edition of The Global Community Yearbook. This book provides updates on the important work of long-standing international tribunals and introduces novel topics in ... More


The Global Community Yearbook of International Law and Jurisprudence 2018

Giuliana Ziccardi Capaldo (ed.)

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190072506
eISBN:
9780190072520
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190072506.001.0001
Subject:
Law, Public International Law

The 2018 edition of The Global Community Yearbook of International Law and Jurisprudence both updates readers on the important work of long-standing international tribunals and introduces readers to ... More


Implementation of the Good Governance Principles on the International Level

Henk Addink

in Good Governance: Concept and Context

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198841159
eISBN:
9780191876653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841159.003.0017
Subject:
Law, Constitutional and Administrative Law

By the end of the twentieth century, the concept of good governance was applied in specific policy fields like international environmental law and in the more general frame of policy by the ... More


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