Oxford Commentaries on GATT/WTO Agreements – Serie
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The WTO Agreement on Agriculture subjected agriculture to a set of international rules for the first time in the history of international trade. Ever since its negotiation the Agreement has been at the forefront of the controversy surrounding the purpose and impact of the WTO itself. This commentary provides a full legal analysis of the obligations imposed by the agreement on WTO members, and of the complex history of the Agreement's negotiation and revision and the controversy surrounding its effect on international development.The commentary is structured around the three areas of reform initiated by the Agreement - market access, domestic support and export competition. The book provides an in-depth examination of the substantive provisions and the disputes that have arisen in each of these three areas. In addition the book situates these provisions against their background in pre-WTO regulation. It analyses the operation of the 'Peace clause' and assesses the impact of the clause's expiration. The commentary concludes by assessing the Agreement's accommodation of and impact on developing economies, and examining the process of reforming domestic farm subsidies, one of the dominant issues currently confronting the WTO.
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The book provides an analytical overview of the World Trade Organisation's Anti-Dumping Agreement, as interpreted by WTO Panels and the Appellate Body. The Anti-Dumping Agreement is often perceived as being the most technical and controversial WTO agreement. While the basic concepts of dumping and resulting injury may appear deceptively simple, complex methodology related to the calculation of dumping and injury margins, as well as the very detailed procedural requirements that authorities need to comply with before taking anti-dumping action, make the Anti-Dumping Agreement difficult to apply and understand in practice.While the book of necessity goes into great detail about the intricacies of anti-dumping law and practice, it attempts to explain the various concepts in a relatively non-technical manner by means of simplified examples that are easy to grasp for experts and non-experts alike.The book also pays extensive attention to interpretations of the various provisions of the Anti-Dumping Agreement by WTO panels and the Appellate Body. There have been more WTO cases under the Anti-Dumping Agreement than under any other WTO Agreement, reflecting both the increased recourse to anti-dumping measures by WTO members all over the world and the complexity of abiding by the WTO rules. WTO Panels and the Appellate Body, called upon to review administrative determinations and aspects of national legislation, have done a remarkable job in interpreting the WTO rules. For WTO members, wishing to impose anti-dumping measures in a WTO-consistent manner, knowledge not only of the Agreement itself, but also of such interpretations, is therefore a must.
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This book provides a thorough treatment of the legal, economic, and policy issues associated with safeguard measures in the WTO system. It includes a careful treatment of the history of safeguard measures under GATT, and the impetus for the Agreement on Safeguards during the Uruguay Round. It reviews the economic arguments for and against safeguard measures, including the modern political economy account of safeguards and "escape clauses" in international agreements. Subsequent chapters focus on the key legal issues associated with the use of safeguards, including the procedural requirements, the obligation to demonstrate unforeseen developments and increased imports, the concept of "serious injury," the puzzling causation test, and limitations on the scope of safeguard measures including non-discrimination principles. All of the safeguard decisions within the WTO dispute system are thoroughly dissected and analysed. Included as appendices are the relevant treaty text and the pertinent national legislation of the United States and European Union.