Suchergebnisse

Introduction to WTO dispute settlement : the best vote of confidence for the multilateral trading system -- Retaliation in the multilateral trading system -- Shortcomings of WTO retaliation and refomr proposals -- Purposed-based approach in evaluating effectiveness -- legal quests in searching the purposes of retaliation -- Retaliation to induce an amicable settlement as another competing purpose and the effectiveness of WTO retaliation

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- List of illustrations -- Acknowledgements -- List of Abbreviations -- 1. Introduction -- 1.1. Should WTO law allow China to use export duties to address trade-related environmental concerns and, if so, what form should these duties take? -- 1.2. Trade-related environmental concerns and the controversies surrounding the use of export duties to address them -- 1.2.1. Local and global environmental problems exacerbated by trade -- 1.2.2. Trade-related environmental problems in China -- 1.2.3. Concerns over Chinese export duties as a protectionist measure and better alternatives -- 1.3. Structure of the analysis -- 1.3.1. Description of Part I: setting the scene -- 1.3.2. Description of Part II: the extent to which a harsh ban on Chinese export duties would constrain China's capacity to protect the environment -- 1.3.3. Description of Part III: a basis under WTO law for China's use of export duties to address environmental concerns -- PART I: Setting the scene: The background and reception of the WTO ban on Chinese export duties -- 2. Three WTO cases against Chinese export duties -- 2.1. Annex 6 of China's Protocol of Accession -- 2.2. Facts of the export duties in China-Raw Materials, China-Rare Earths, and China-Raw Materials II -- 2.3. The applicability of GATT Article XX to China's export duty commitments -- 2.3.1. Incorporation theory -- 2.3.2. Inherent right -- 2.3.3. A holistic approach -- 2.3.4. Integration theory -- 2.3.5. Article 30(3) of the VCLT -- 2.4. Defences under Article XX(b) and XX(g) -- 3. The reception of the ban on Chinese export duties: Concerns, solutions, and the missing piece -- 3.1. Erroneous interpretation based on an overly rigid textual analysis.

Abstract
International law and its understanding can evolve outside of treaties, but little is known about the elements that can explain these changes. This paper looks at the debate on border carbon adjustment (BCA) compatibility with the World Trade Organization (WTO) and argues that international law depends on the actors' perceptions, which can change over time. It applies an interactional international law framework to explain how a policy that was once deemed incompatible with WTO rules is now considered 'WTO-compliant' by the European Union. A discourse network analysis is conducted based on debates from the WTO and the literature over 24 years. Results show that since 2012, the legal literature has increasingly been more confident that BCA could be WTO-compatible, despite the absence of significant changes in WTO case law during the same period. This increase in support was sustained by an expanded practice of legality and a perceived lack of legality of applicable WTO rules. This research offers new insights into the dynamics of international law. It provides new methodological avenues for scholars seeking to trace the evolution of law and legal understanding through formal and informal processes.

The constitutionalization of the world trade system has elevated it in legal thinking and given it a false aura of permanency and immutability. The debate among legal academics on this has centered on the technical aspects of trade disputes rather than on the critical issue of the normative nature and effects of the system on those most affected— workers. The opportunistic actors who successfully argued for the creation and constitutionalization of the system have managed to relegate the debate about its continuing benefits to the side. They have benefited from legal scholars' failure to adequately evaluate and analyze the real effects of the system. Being a trade law dissident is more important now than ever before.

AbstractThis article examines China's compliance with World Trade Organization (WTO) law in the field of publications control from an empirical and theoretical perspective. The study of publications control — a policy field of critical concern to China's Communist government — highlights the competing interests and ideas over 'liberalisation' and 'state control' within the Chinese leadership and within WTO circles. The article, first, describes these competing and historically shifting interests and ideas in the case of a recent landmark WTO dispute on publications control and, second, uses two apparently distinct IR theoretical approaches to explain China's behaviour during the dispute. The article argues that neither an interest-oriented approach nor an idea-centred approach by themselves can explain Chinese political decision-making. The article proposes a combination of two particular views that help to explain the dispute examined but also China's interactions with the WTO more generally.

ABSTRACT
Under the Nakajima doctrine, the Court of Justice of the European Union (CJEU) can review the legality of a European Union (EU) measure in the light of the World Trade Organization (WTO) agreements if the EU legislature intended to implement a particular obligation assumed in the context of those agreements. This article argues that Nakajima remains a valid exception to the lack of direct effect of WTO law in the EU. Section II highlights the CJEU's restrictive interpretation of Nakajima. Section III shows that in recent case law the CJEU continues to take a narrow interpretation of Nakajima, although the CJEU has been reluctant to abolish it altogether. This section also analyses the feasibility of establishing the intention to implement WTO law based on external circumstances (Section III.B) and demonstrates Nakajima's significance beyond EU law (Section III.C). Section IV criticizes the CJEU's combination of Nakajima and the principle of interpreting EU law in consistency with international law. Section V concludes.