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This volume is a study of the controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities.
The SPS Agreement established a legal framework for national regulations aimed at protecting the environment and human health. Although such measures normally serve legitimate objectives, they can be disguised protectionism. This book explores to what extent WTO law provides just and effective solutions to this problem and others.
This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
The obligations of international trade law hinge upon the question of what constitutes 'like products'. Trade disputes will often involve an examination of whether the products in question are in competition with one another. This book seeks to develop consistent principles and an effective definition for this central issue of world trade law.
About the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. This study disentangles debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization.
Introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. This book examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic.
Examines one of the controversial aspects of the world trading system: patents and access to medication. This book looks at the claim that international trade law imposes rules that result in exclusive rights of pharmaceutical companies and high prices of medication, preventing access to medication for diseases such as AIDS, anthrax, or bird flu.
By exploring corporations' investment profiles and regulatory strategies, this book explains why globalization sometimes results in a 'race to the bottom', sometimes in higher common regulations, and sometimes in regulations that differ between countries. It explains which regulatory outcome is likely to occur under specified conditions.
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