National Law as an Unpredictable Generator of International Law: The Case of Norm Export at the World Trade Organization

2014 ◽  
Author(s):  
Gregory Messenger
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
The World

scholarly journals Implikasi Prinsip Most Favoured Nation terhadap Pengaturan Tarif Impor Di Indonesia

Wajah Hukum ◽  
2018 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Dony Yusra Pebrianto
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Trade Liberalization ◽  
World Trade ◽  
The World ◽  
National Production

The existence of trade liberalization are faced with the fact that competition in the trade of countries particularly in this export and import kian feels very rapidly. The existence of instruments of international law contained in the General Agreement on the set fee and Trade (GATT) becomes an important point in the conception of international trade arrangements for States parties who joined GATT in the World Trade Organization (WTO). So the principles inherent in the preparation of the concept of a national law for countries that have ratified GATT. Indonesia one of the countries that have ratified GATT would of course be bound by those principles, one of which is the principle of Most Favoured Nation tariff arrangements that implicates to import in Indonesia. So the protection of local commodities closed chances though limited to keep the continuity of the national production. 

scholarly journals The Unanswered: Indirect Protection through the GATT

2019 ◽  
pp. 83-130
Author(s):  
Charlotte E. Blattner
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Trade Law ◽  
The World ◽  
Academic Discussion ◽  
The Law ◽  
Restrictive Measures ◽  
Indirect Protection

This chapter explores the breadth and scope of options available to states that want to indirectly protect animals across the border, in particular under the law of the World Trade Organization (WTO). The flurry of academic discussion at the intersection of animal and trade law was sparked by the Appellate Body’s Seals report in 2014, but it failed to cut deep enough to link to the doctrine of jurisdiction under general international law, and efforts to enter negotiations to more thoroughly protect animals in trade never materialized. The author advances the discussion and fills a gap in scholarship by examining whether and how states can use trade law to indirectly protect animals abroad through import prohibitions, taxes and tariffs, as well as labels. An analysis of the legality of trade-restrictive measures that indirectly protect animals under the General Agreement on Tariffs and Trade (GATT) precedes a discussion of justifications for violating the agreement.

Reviewing dispute settlement at the World Trade Organization: a time to reconsider the role/s of compensation?

2006 ◽  
Vol 5 (1) ◽  
pp. 31-67 ◽  
Author(s):  
ARWEL DAVIES
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Trade Disputes ◽  
Financial Compensation ◽  
Unilateral Action ◽  
Natural Time ◽  
The World ◽  
Do So

The World Trade Organization provides a forum for the settlement of trade disputes arising between its 148 Members. Should consultations fail, the parties may choose to initiate formal proceedings in Geneva, and must do so in preference to taking unilateral action. The dispute settlement rules are presently under review with a view to their clarification and improvement, making this a natural time to ask whether the appropriate strategy has been identified. This article focuses on the functions of compensation in the overall context of WTO remedies. Particular attention is given to the prospects for new disciplines and increased practice connected with the granting of both trade compensation and financial compensation. Also considered is the extent to which financial compensation can and should be linked to reparation in the sense of correcting the injury caused by WTO violations. The discussion is informed by the general international law position, by proposals made during the on-going review process and by emerging dispute settlement practice.

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