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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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Theories and Practices of Compliance with WTO Law


ISBN13: 9789041132284
Published: September 2012
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardcover
Price: £104.00



Despatched in 4 to 6 days.

Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured.

The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.

Subjects:
International Trade
Contents:
List of Abbreviations. Foreword. Preface.
Part 1 Introduction.
Part 2 Globalisation and the Shifting Paradigms of the World Trading System.
Part 3 Theories of Compliance with WTO Law: Approaches.
Part 4 Approaches to the WTO Remedies and Compliances Discourse.
Part 5 Conclusion. Bibliography. Treaties and conventions. Tables of Panels and Appellate Body Reports, Cases and Advisory Opinions. Index.

Series: Global Trade Law

Single Windows and Trade Facilitation ISBN 9789041158345
Published June 2015
Kluwer Law International
£104.00
£96.00
Global Textiles and Clothing Trade: Trade Policy Perspectives ISBN 9789041138750
Published April 2012
Kluwer Law International
£112.00
£112.00
Trade, Health, and the Burden of Proof in WTO Law ISBN 9789041138255
Published December 2011
Kluwer Law International
£112.00
India: Commercial Law, Customs and Taxation ISBN 9789041128362
Published August 2011
Kluwer Law International
£112.00
£104.00
Regulation of Energy in International Trade Law: WTO, NAFTA and Energy Charter ISBN 9789041132642
Published July 2011
Kluwer Law International
£112.00
Globalization and Animal Law: Comparative Law, International Law and International Trade ISBN 9789041133380
Published April 2011
Kluwer Law International
£112.00
£120.00
Legal Guide to GATS ISBN 9789041128249
Published November 2010
Kluwer Law International
£112.00
Customs Law of East Asia ISBN 9789041133342
Published November 2010
Kluwer Law International
£112.00
International Trade in Gambling Services ISBN 9789041132482
Published May 2010
Kluwer Law International
£104.00
£112.00
Mexico in the WTO: An Anatomy of its Participation in Dispute Proceedings ISBN 9789041131690
Published October 2009
Kluwer Law International
£110.00