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Liberalising Trade in the EU and the WTO
A Legal Comparison

$34.00 ( ) USD

Sanford E. Gaines, Birgitte Egelund Olsen, Karsten Engsig Sørensen, Amin Alavi, Jan Wouters, Bugge T. Daniel, Pieter Jan Kuijper, Thomas Cottier, Matthias Oesch, J. W. van de Gronden, Pernille W. Jessen, Ilona Cheyne, Helle Tegner Anker, Michael Steinicke, Carsten Willemoes Jørgensen, Matthew Elsmore, Hylke Vandenbussche, Laura Rovegno, Henrik Andersen
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  • Date Published: August 2012
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781139558150

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About the Authors
  • This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.

    • Comparative analysis of trade law and policy gives readers new perspectives on both EU and WTO trade law
    • Chapters on key institutional elements and all major trade law topics provide readers with a complete view of trade law in both systems
    • Goes beyond descriptive review to identify strengths and weaknesses in different approaches to the same trade law questions and opportunities for the EU and WTO to learn from each other
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    Product details

    • Date Published: August 2012
    • format: Adobe eBook Reader
    • isbn: 9781139558150
    • contains: 12 b/w illus. 2 tables
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Part I. Introduction:
    1. Introduction: comparing two trade liberalisation regimes Sanford E. Gaines, Birgitte Egelund Olsen and Karsten Engsig Sørensen
    Part II. Framework:
    2. Negotiating in the shadow of good faith in the EU and the WTO Amin Alavi
    3. The influence of general principles of law Jan Wouters
    4. Sanctioning members, enforcement and ensuring compliance Bugge T. Daniel
    5. The Court of Justice of the European Union and the Appellate Body of the World Trade Organization: between Constitutionalism and Dispute Settlement Pieter Jan Kuijper
    Part III. Comparative Disciplines:
    6. Direct and indirect discrimination Thomas Cottier and Matthias Oesch
    7. Non-discriminatory restrictions to trade Karsten Engsig Sørensen
    8. Trade and social objectives Sanford E. Gaines and Birgitte Egelund Olsen
    9. The freedom to provide services J. W. van de Gronden
    Part IV. Harmonization Needs - Implicit and Explicit:
    10. Technical regulations and their notification Karsten Engsig Sørensen
    11. Rules on subsidies/state aid Pernille W. Jessen
    12. Product standards and labelling Ilona Cheyne
    13. The precautionary principle Helle Tegner Anker
    14. Government procurement Michael Steinicke
    15. Customs law Carsten Willemoes Jørgensen
    16. Comparing regulatory treatment of intellectual property at WTO and EU level Matthew Elsmore
    17. Antidumping practices in the European Union: a comparative analysis of rules and application in WTO context Hylke Vandenbussche and Laura Rovegno
    18. Rules on safeguards Henrik Andersen
    Part V:
    19. Conclusion and recommendations Sanford E. Gaines, Birgitte Egelund Olsen and Karsten Engsig Sørensen.

  • Editors

    Sanford E. Gaines, Aarhus Universitet, Denmark
    Sanford E. Gaines is a guest professor at the Department of Law, Aarhus University, Denmark. His career has included service at a senior level at the Office of the US Trade Representative during the NAFTA and Uruguay Round negotiations.

    Birgitte Egelund Olsen, Aarhus Universitet, Denmark
    Birgitte Egelund Olsen is a professor at the Department of Law, Aarhus University. She researches general issues of EU law and WTO law, specialising in environmental law and the interaction between trade and environment.

    Karsten Engsig Sørensen, Aarhus Universitet, Denmark
    Karsten Engsig Sørensen is a professor at the Department of Law, Aarhus University. His primary research areas are EU law and trade law, in particular the internal market, EU company law, EU competition law and WTO law.

    Contributors

    Sanford E. Gaines, Birgitte Egelund Olsen, Karsten Engsig Sørensen, Amin Alavi, Jan Wouters, Bugge T. Daniel, Pieter Jan Kuijper, Thomas Cottier, Matthias Oesch, J. W. van de Gronden, Pernille W. Jessen, Ilona Cheyne, Helle Tegner Anker, Michael Steinicke, Carsten Willemoes Jørgensen, Matthew Elsmore, Hylke Vandenbussche, Laura Rovegno, Henrik Andersen

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