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Vol 21 No 11 Nov/Dec 2016

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Transatlantic Economic Disputes


ISBN13: 9780199261727
ISBN: 0199261725
Published: April 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £150.00



Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and over the application of the Helms-Burton Act. This book analyzes the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and to identify promising areas for reform.;This book begins with a survey of transatlantic governance and dispute settlement problems. Part II analyzes 14 case-studies of transatlantic economic and regulatory disputes written by leading EU and US experts. The analytical papers in Part III examine the disputes in the broader context of legal, economic and political theories of dispute prevention and dispute settlement. Part IV offers policy recommendations from EU and US policy-makers and academics. Most of the more than 20 contributors conclude that joint EU-US leadership in multilateral institutions (e.g. for trade liberalization, dispute prevention and dispute settlement in the WTO) offers advantages over bilateral approaches.;By contrast, a potential transatlantic free-trade association (TAFTA) remains a second-best approach which might not prevent many of the transatlantic disputes over internal trade-related domestic policies. Transatlantic initiatives e.g. for regulatory cooperation and citizen-oriented institutional reforms can, however, serve as precedents for multilateral reforms (e.g. of WTO rules).

Contents:
1. PREVENTION AND SETTLEMENT OF TRANSATLANTIC ECONOMIC DISPUTES: LEGAL STRATEGIES FOR EU/US LEADERSHIP; 2. The Political Economy of Transatlantic Trade Disputes; 3. MANIFESTLY ILLEGAL IMPORT RESTRICTIONS AND NON-COMPLIANCE WITH WTO DISPUTE SETTLEMENT RULINGS: LESSONS FROM THE BANANA DISPUTE; 4. Safegueard, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively; 5. Industrial Subsidies: Tax Treatment of 'Foreign Sales Corporations'; 6. Production and Export Subsidies in Agriculture: Lessons from GATT and WTO Disputes Involving the US and the EC; 7. The Trade Disputes Concerning Health Policy Between the EC and the US; 8. US-EU Disputes Over Technical Barriers to Trade and the 'Hushkits' Dispute; 9. Internation Competition Policy Co-operation; 10. Managing US-EU Trade Relations Through Mutual Recognition and Safe Harbour Agreements: 'New' and 'Global' Approaches to Transatlantic Economic Governance?; 11. Lessons from the Dispute over the Massachusetts Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar); 12. Avoidance and Settlement of 'High Policy Disputes': Lessons from the Dispute over 'The Cuban Liberty and Democratic Solidarity Act'; 13. Strengthening the International Environmental Regime: A Transatlantic Perspective; 14. Dispute Prevention and Dispute Settlement in Transatlantic Partnership - Telecoms, the WTO and the realization of the Global Information Society; 15. North Atlantic Dispute Settlement for Air Transport; 16. Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce: US - Section 211 Omnibus Appropriations Act 1998 ('Havana Club'); 17. III Analytical Cross-Sectoral Studies; 18. Transatlantic Trade Conflicts and GATT/WTO Dispute Settlement; 19. Renegotiation in Transatlantic Trade Disputes; 20. 'Early Warning System' for Dispute Prevention in the Transatlantic Partnership: Experiences and Prospects; 21. Private Parties in the EC-US Dispute Settlement at the WTO: Toward Intermediate Domestic Effect; 22. STRENGHTENING THE SINEWS OF PARTNERTSHIP: RESOLVING AND AVOIDING TRANSATLANTIC ECONOMIC CONFLICTS; 23. Preventing and Settling Transatlantic Disputes: The EU, the US and the WTO; 24. Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal Perspectives; 25. Practical Recommendations for Policy Reforms in Order to Prevent and Settle US-EU Trade and Economic Disputes; 26. Preventing and Settling Transatlantic Economic Disputes: Legal and Policy Recommendations from a Citizen Perspective; 27. Managing System Friction: Regulatory Conflicts in Transatlantic Relations and the WTO