Non-discrimination in the World Trade Organization

Non-discrimination in the World Trade Organization

The Rules and Exceptions

eBook - 2012
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Davey (emeritus, U. of Illinois College of law, and former director, Legal Affairs Division, World Trade Organization) notes in his knowledgeable and clearly written book that international trade is conducted almost entirely under rules developed by the World Trade Organization and its many complex agreements. Here, he focuses exclusively on the WTO's non-discrimination provisions. Topics include: the concept and history of non-discrimination rules, most-favored nation treatment, national treatment, general and specific exceptions, enforcement and conservation measures, and more. AIL is an imprint of Brill. Annotation ©2012 Book News, Inc., Portland, OR (booknews.com)

Brill USA
Also available as an e-bookInternational trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the mostfavoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the mostfavoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.

Publisher: [The Hague] : Hague Academy of International Law, 2012
ISBN: 9789004233157
9004233156
Characteristics: 1 online resource (356 pages)

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