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National Treatment and WTO Dispute Settlement: Adjudicating the Boundaries of Regulatory Autonomy

Autor Gaetan Verhoosel
en Limba Engleză Hardback – 7 apr 2002
The perceived impact of WTO law on the domestic regulatory autonomy of WTO Members is increasingly becoming the subject of controversy and debate. This book brings together in an integrated analytical framework the main WTO parameters defining the interface between the WTO and domestic legal orders,and examines how WTO adjudicators, i.e. panels and the Appellate Body, have construed those rules. A critical analysis identifies the flaws or weaknesses of these quasi-judicial solutions and their potential consequences for Members' regulatory autonomy. In an attempt to identify a more proper balance between WTO law and regulatory autonomy, it develops an innovative interpretation of the National Treatment obligations in GATT and GATS, drawing upon compelling arguments from legal, logic and economic theory.
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Specificații

ISBN-13: 9781841132990
ISBN-10: 1841132993
Pagini: 144
Dimensiuni: 138 x 216 x 11 mm
Greutate: 0.31 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book brings together in an integrated analytical framework the main WTO parameters defining the interface between the WTO and domestic legal orders, and examines how WTO adjudicators have construed those rules.

Notă biografică

Dr Gatan Verhoosel is a lawyer with Debevoise Plimpton in New York.

Cuprins

1. DEFINING THE INTERFACE BETWEEN WTO AND DOMESTIC LEGAL ORDERS THROUGH THE INTERPRETATION OF NATIONAL TREATMENT 12. THE BUILDING BLOCKS: GATT RULES ON DOMESTIC REGULATION AND THE 1994 TRANSPLANT TO SERVICES3. HOW THEY WERE CONSTRUED: THE CASE LAW ON NATIONAL TREATMENT, LEGITIMATE POLICY EXCEPTIONS AND NON-VIOLATION UNDER GATT AND GATS 194. FROM JAPANESE SHOSHU TO CHILEAN PISCO: TWO WAYS TO THINK ABOUT WTO ASSESSMENT OF ORIGIN-NEUTRAL REGULATION5. WHY EQUATE NON-DISCRIMINATION WITH NECESSITY?

Recenzii

His book is a thought-provoking addition to the body of work that considers the polarization between States and the potential Frankenstein they have created to govern their trade relations.
Gaetan Verhoosel's book provides an important new contribution to the long-standing debate over the proper application of the national treatment obligation. [It] provides a fresh look at these issues, and offers some important insights into how the difficulties in applying the national treatment principle could be resolved.

Descriere

This book analyses the parameters defining the interface between the WTO and domestic legal orders and how WTO adjudicators construed those rules.