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OverviewThe perceived impact of WTO law on the domestic regulatory autonomy of WTO Members is increasingly becoming the subject of controversy and debate. This book brings together in an integrated analytical framework the main WTO parameters defining the interface between the WTO and domestic legal orders,and examines how WTO adjudicators, i.e. panels and the Appellate Body, have construed those rules. A critical analysis identifies the flaws or weaknesses of these quasi-judicial solutions and their potential consequences for Members' regulatory autonomy. In an attempt to identify a more proper balance between WTO law and regulatory autonomy, it develops an innovative interpretation of the National Treatment obligations in GATT and GATS, drawing upon compelling arguments from legal, logic and economic theory. Full Product DetailsAuthor: Gaetan VerhooselPublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Dimensions: Width: 13.80cm , Height: 1.10cm , Length: 21.60cm Weight: 0.280kg ISBN: 9781841132990ISBN 10: 1841132993 Pages: 144 Publication Date: 08 April 2002 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. DEFINING THE INTERFACE BETWEEN WTO AND DOMESTIC LEGAL ORDERS THROUGH THE INTERPRETATION OF NATIONAL TREATMENT 1 2. THE BUILDING BLOCKS: GATT RULES ON DOMESTIC REGULATION AND THE 1994 TRANSPLANT TO SERVICES 3. HOW THEY WERE CONSTRUED: THE CASE LAW ON NATIONAL TREATMENT, LEGITIMATE POLICY EXCEPTIONS AND NON-VIOLATION UNDER GATT AND GATS 19 4. FROM JAPANESE SHOSHU TO CHILEAN PISCO: TWO WAYS TO THINK ABOUT WTO ASSESSMENT OF ORIGIN-NEUTRAL REGULATION 5. WHY EQUATE NON-DISCRIMINATION WITH NECESSITY?ReviewsHis book is a thought-provoking addition to the body of work that considers the polarization between States and the potential Frankenstein they have created to govern their trade relations. -- Rajesh Pillai * World Trade Review * Gaetan Verhoosel's book provides an important new contribution to the long-standing debate over the proper application of the national treatment obligation. [It] provides a fresh look at these issues, and offers some important insights into how the difficulties in applying the national treatment principle could be resolved. -- Simon Lester * Journal of International Economic Law * His book is a thought-provoking addition to the body of work that considers the polarization between States and the potential Frankenstein they have created to govern their trade relations.Rajesh PillaiWorld Trade ReviewMay 2003Gaetan Verhoosel's book provides an important new contribution to the long-standing debate over the proper application of the national treatment obligation. [It] provides a fresh look at these issues, and offers some important insights into how the difficulties in applying the national treatment principle could be resolved.Simon Lester, WorldTradeLaw.net LLCJournal of International Economic LawMay 2003 His book is a thought-provoking addition to the body of work that considers the polarization between States and the potential Frankenstein they have created to govern their trade relations. Rajesh Pillai World Trade Review May 2003 Gaetan Verhoosel's book provides an important new contribution to the long-standing debate over the proper application of the national treatment obligation. [It] provides a fresh look at these issues, and offers some important insights into how the difficulties in applying the national treatment principle could be resolved. Simon Lester, WorldTradeLaw.net LLC Journal of International Economic Law May 2003 Author InformationDr Gatan Verhoosel is a lawyer with Debevoise Plimpton in New York. Tab Content 6Author Website:Countries AvailableAll regions |
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