Gaining maturity: The Appellate Body and the impact of the appellate review on the development of international trade law

2015 ◽  
pp. 35-35
Keyword(s):  
International Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
The Impact

International Trade Law: the Impact of Justiciability and Separations of Powers in EC Law

2009 ◽  
Vol 5 (2) ◽  
pp. 307-326 ◽  
Author(s):  
Thomas Cottier
Keyword(s):  
International Trade ◽  
Separation Of Powers ◽  
International Agreements ◽  
Checks And Balances ◽  
Trade Law ◽  
International Trade Law ◽  
External Relations ◽  
Ec Law ◽  
The Impact ◽  
Current Standards

Direct effect of international agreements – WTO – Current jurisprudence and theories – Implications for separation of powers and checks and balances – Justiciability – Criticism of current standards: precision and reciprocity – Reversal of dual concept in EU external relations

Animal Welfare and the Wto: The Legality and Implications of Live Export Restrictions under International Trade Law

2014 ◽  
Vol 42 (2) ◽  
pp. 279-307 ◽  
Author(s):  
Radhika Chaudhri
Keyword(s):  
International Trade ◽  
Animal Welfare ◽  
Export Trade ◽  
The Public ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Export Restrictions ◽  
Set Up ◽  
Live Export

In Australia, controversial incidents regarding the treatment of live animals exported from Australia spark regular debate on whether the live export trade should be banned or more tightly regulated. Government responses to public outcry often take the form of restrictions on the trade of the animals concerned, but the legality of unilateral measures of this kind is yet to be directly considered by the World Trade Organization's Appellate Body. This article examines the legality of imposing restrictions on live export under the international trade law regime set up by the General Agreement on Tariffs and Trade 1994 (‘GATT’),1 and in particular, whether such measures could be justified under Article XX. In exploring this question, special attention is given to the Australian government's new regulatory framework, as introduced by the Export Control (Animals) Amendment Order 2012 (No 1), which imposes an exporter supply chain assurance obligation on Australian suppliers. In addition, in light of the continued calls from animal welfare groups to ban the trade entirely, the legality of a complete moratorium on live exports will also be considered. Although the exceptions in Articles XX(b) and XX(g) of the GATT appear to be relevant to live exports, ultimately any regulation might be best supported under the ‘public morals’ exception in Article XX(a). However, care will need to be taken in the design of any restriction to avoid breaching the strict chapeau requirements of Article XX.

Digital Services in International Trade Law

2021 ◽  
Author(s):  
Ines Willemyns
Keyword(s):  
International Trade ◽  
Case Studies ◽  
Legal Framework ◽  
Trade In Services ◽  
Services Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Digital Services ◽  
International Obligations ◽  
The Impact

Digitisation has significantly impacted international trade. This book explains the impact of digitisation on trade in services, the ensuing concept of 'digital services' and the different types of trade barriers these services face. This book establishes that the legal framework that applies to trade in services also applies to digital services. It elaborates on the scope of the General Agreement on Trade in Services (GATS) and how to classify digital services. The relevant GATS obligations are subsequently applied to several case studies that illustrate the barriers to digital services trade. These case studies demonstrate the impact of the applicability of GATS to digital services on countries' international obligations. Finally, the book maps the electronic commerce-related provisions in in regional trade agreements (RTAs). Six extensive e-commerce RTAs are compared in depth and it is considered whether they add substantially to the existing multilateral obligations applicable to digital services trade.

Part II Substantive Aspects, Ch.22 National Treasures at the Intersection between Cultural Heritage and International Trade Law

2020 ◽  
Author(s):  
Voon Tania
Keyword(s):  
International Trade ◽  
Cultural Property ◽  
Control Measures ◽  
Illicit Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
National Treasures ◽  
Wto Appellate Body ◽  
Definition Of

This chapter analyses the extent to which international trade law accommodates the export and import control measures that States commonly adopt in order to prevent illicit trade in cultural property in accordance with the 1970 UNESCO Convention. It examines the exception for ‘national treasures’ found in World Trade Organization (WTO) law and other international economic agreements. The definition of cultural property in the relevant UNESCO treaty is not necessarily identical to the meaning of national treasures in WTO law. Moreover, the WTO Appellate Body has shown reluctance to apply non-WTO law in determining WTO disputes, so a conflict between UNESCO and WTO provisions or domestic regulations might not necessarily be resolved as expected. This conclusion provides one example of the limitations of the current Appellate Body approach to international law and suggests, with respect to cultural property, that closer alliance in treaty drafting may be required to enhance coherence.

scholarly journals Animals and the Impact of Trade Law and Policy: A Global Animal Law Question

2020 ◽  
Vol 9 (2) ◽  
pp. 239-262
Author(s):  
Iyan Offor
Keyword(s):  
European Union ◽  
International Trade ◽  
Animal Welfare ◽  
The European Union ◽  
Promising Alternative ◽  
Animal Law ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
The Impact

AbstractThere is a critical research gap regarding the trade and animal welfare interface: we do not know, empirically, what the impact of trade on animal welfare is. This gap exists, in part, as a result of the paternalism of international trade law and the underdevelopment of global animal law. This article addresses, firstly, the collision of dichotomous trade and animal welfare priorities in legal and political systems. It then explores attempts at reconciliation by the World Trade Organization and the European Union. This involves an investigation of the impact of trade on animal welfare. This impact is categorized into four component parts: (i) open markets, (ii) low animal-welfare havens, (iii) a chilling effect, and (iv) lack of labelling. Case studies from the European Union are examined. Thirdly, the article critiques trade law and policy as ill-suited primary drivers of global governance for animals. Global animal law is identified as a promising alternative, although its early development has been unduly affected by international trade law.

scholarly journals Trade and the Environment: Competition, Cooperation or Confusion

1969 ◽  
pp. 745
Author(s):  
Donald McRae
Keyword(s):  
International Trade ◽  
Environmental Regulation ◽  
Environmental Sustainability ◽  
Mutual Benefit ◽  
Trade Law ◽  
International Trade Law ◽  
Trade And The Environment ◽  
The Media ◽  
The Impact

The intersection of international trade law and environmental sustainability has been subject to much scrutiny, both in the media and in internationally constituted bodies. Views on the impact of trade on the environment range from one of mutual benefit to an assertion of real threat. The author assesses the bases upon which criticism of the WTO is commonly levelled, and provides a reasoned analysis of the nature of the trade and environment debate. In addressing this question, the author examines the purview of the WTO pertaining to trade law, and delineates to what extent environmental protection encroaches upon international trade obligations. To this end, the author considers the means by which conflicts between trade and the environment have been reconciled, and draws attention to issues that obstruct resolution. Lastly, concerns central to the trade and environmental regulatory schemes themselves are raised. The author concludes that the long term viability of international trade equally benefiting the developed and developing world is dependent upon corresponding environmental regulation.

Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand

2010 ◽  
Vol 1 (4) ◽  
pp. 437-443 ◽  
Author(s):  
Alessandra Arcuri ◽  
Lukasz Gruszczynski ◽  
Alexia Herwig
Keyword(s):  
International Trade ◽  
New Zealand ◽  
International Law ◽  
Scientific Evidence ◽  
Risk Regulation ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
General Exceptions ◽  
Gatt 1994

The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.

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