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Vol 22 No 5 May/June 2017

Book of the Month

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Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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Standards of Review in WTO Dispute Resolution


ISBN13: 9780199268924
ISBN: 0199268924
Published: June 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £83.00



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This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings. To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues.;The current state of law and practice which has emerged through panel and Appellate Body reports is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases. Standards of Review in WTO Dispute Resolution is a significant contribution to a perplexing subject. It also contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.

Subjects:
International Trade
Contents:
Introduction
PART I FOUNDATIONS; 1. The Definition of Standards of Review; 2. The Functions of Standards of Review; 3. The Rationales for Judicial Restraint; 4. GATT 1947 and the Uruguay Round Negotiations; 5. Standards of Review in the WTO Legal Texts
PART II STANDARDS OF REVIEW RELATING TO QUESTIONS OF FACTS; 6. The General Framework and the Method of Fact-Finding; 7. 'Raw' Evidence and Factual Conclusions; 8. Miscellaneous Matters
PART III STANDARDS OF REVIEW RELATING TO QUESTIONS OF LAW; 9. WTO Law; 10. Domestic Law; 11. International Law; Concluding Summary; Bibliography; Table of WTO Reports; Table of GATT 1947 Reports; Index

Series: International Economic Law Series

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Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199215201
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The Constitutionalization of the World Trade Organization ISBN 9780199285846
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The Structure of Regulatory Competition ISBN 9780199267514
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