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Basic Legal Instruments for the Liberalisation of Trade: A Comparative Analysis of EC and WTO Law

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ISBN13: 9781841134253
ISBN: 1841134252
Published: January 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £92.00



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The interpretation and application of the rules of international and regional trade is becoming an increasingly specialised field. This study provides an in-depth analysis of the core legal concepts characterising the two most prominent and successful efforts in the regulation of international trade to date. Adopting a comparative method, it analyses the basic legal instruments employed by the EU and the WTO for the purpose of liberalising trade in goods among their respective Members. To this end, this study offers a fresh look at the principles underlying the basic rules of international trade law, including the prohibition of border measures, the principle of non-discrimination on grounds of nationality, and the principle of reasonableness.

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Subjects:
International Trade
Contents:
Introduction: Defining the Boundaries of the Research
1. The EC and the WTO: Justification for a Comparison
2. Barriers to International Trade
3. Approaches to Trade Liberalisation
4. Structure of the Research

PART I. SHALLOW INTEGRATION
1. Negative Integration Stricto Sensu: The Elimination of Border Measures
2. Judicial Integration—First Layer: The National Treatment Principle and the Prohibition of De Jure Discrimination

PART II. DEEP INTEGRATION
3. Judicial Integration—Second Layer: The National Treatment Principle and the Prohibition of De Facto Discrimination
4. Judicial Integration—Third Layer: The Reasonableness Rule
5. Conclusion.

Series: Studies in International Trade Law

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Free Trade and Cultural Diversity in International Law (eBook) ISBN 9781782251163
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Free Trade and Cultural Diversity in International Law ISBN 9781849464253
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Redefining Sovereignty in International Economic Law ISBN 9781841137018
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Human Rights Impact of the World Trade Organisation ISBN 9781841136936
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The Power to Protect: Trade, Health and Uncertainty in the WTO ISBN 9781841134826
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