The World Trading System: Law and Policy of International Economic Relations / Edition 2

The World Trading System: Law and Policy of International Economic Relations / Edition 2

by John H. Jackson
     
 

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ISBN-10: 0262600277

ISBN-13: 9780262600279

Pub. Date: 10/10/1997

Publisher: MIT Press

Since the first edition of The World Trading System was published in
1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General
Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document

Overview

Since the first edition of The World Trading System was published in
1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General
Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy.Two basic premises of The World
Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture.The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.

Product Details

ISBN-13:
9780262600279
Publisher:
MIT Press
Publication date:
10/10/1997
Edition description:
second edition
Pages:
453
Product dimensions:
5.90(w) x 8.90(h) x 1.00(d)
Age Range:
18 Years

Table of Contents

Preface
Acknowledgments
1 The Policies and Realities of International Economic
Regulation
1.1 Law, Politics, and the Dismal Science
1.2 The Policy Assumptions of the International Economic System
1.3 Competing Policy Goals and Noneconomic Objectives
1.4 International Law and International Economic Relations:
An Introduction
1.5 The Tangled Web: Is There a Warp and a Woof?
2 The International Institutions of Trade: The WTO and
the GATT
2.1 The Bretton Woods System and Its ConteXt
2.2 The Flawed Constitutional Beginnings of GATT
2.3 The World Trade Organization and the Uruguay Round
2.4 The Obligations of GATT and Their Legal Setting
2.5 The GATT and WTO as Institutions
2.6 GATT, the Trade Negotiation Rounds, and the WTO
3 National Institutions
3.1 Introduction
3.2 The United States Constitution and Its Effects on Trade
Relations
3.3 United States Law and International Trade
3.4 The Variety of National Constitutions and Their Impact on
the International
Trading System
4 Rule Implementation and Dispute Resolution
4.1 The Effectiveness of International Law
4.2 GATT as Prologue to DisputeSettlement Procedures
4.3 Legal Process and Trade Disputes in GATT and the WTO
4.4 The WTO DisputeSettlement Process
4.5 National Procedures for Citizen Initiation of International
Economic Disputes
4.6 Looking at the Future of Dispute Settlement and Rule
Application in the WTO
5 Tariff and Nontariff Barriers
5.1 Import Restrictions and GATT/WTO Obligations
5.2 GATT Bindings and Tariff Negotiations
5.3 Classification for Tariff Purposes
5.4 Valuation for Customs Purposes
5.5 QuantitativeRestrictions and Other Nontariff Measures
6 The MostFavoredNation Policy
6.1 MostFavoredNation Obligation and Its Politics
6.2 The Meaning of MFN
6.3 EXceptions to MFN and Potential for Bilateralism
6.4 Rules of Product Origin
6.5 MFN, Bilateralism, and Possible Trends: Some Conclusions
7 Safeguards and Adjustment Policies
7.1 The Policies and History of the Escape Clause and the
International Structure
for Safeguards
7.2 The Escape Clause in GATT/WTO and the United States
7.3 The Escape Clause: Legal Prerequisites and Practice
7.4 The Escape Clause: Remedies and Procedures
7.5 The EscapeClause MFN Question
7.6 Law and Practice Regarding Adjustment
7.7 EXport Restraints, Agreements, and Arrangements
7.8 Reforms and the Uruguay Round Safeguards TeXt
8 National Treatment Obligations and Nontariff
Barriers
8.1 The Policies and History of the National Treatment Obligation
8.2 The Contours and Application of the GATT Obligation
8.3 De Facto or Implicit Discrimination
8.4 Border TaX Adjustments
8.5 Technical Standards
8.6 Government Procurement
9 Competing Policies and Ingenious Devices
9.1 Protecting the Value of Tariff Concessions and Competing
Policies
9.2 National Security
9.3 The General EXceptions and Legislation for Health and Welfare
9.4 Pollution and Regulation of the Manufacturing Process
9.5 Restrictive Business Practices
9.6 BalanceofPayment EXceptions and Currency Obligations
9.7 Other Policies for Future Consideration: Investment and
Labor Standards
10 Unfair Trade and the Rules of Dumping
10.1 The Level Playing Field and the Policies of Managing
Interdependence
10.2 The Policies of Antidumping Rules
10.3 The Antidumping Rules and Their Sources
10.4 Dumping Margins and Less Than Fair Value
10.5 The Material Injury Test
10.6 Remedy and Reflection on Dumping Rules and Policies
10.7 Beyond Dumping and Subsidies
11 The PerpleXities of Subsidies in International
Trade
11.1 Introduction: The Policies
11.2 Evolution of the Rules on Subsidies and Countervailing Duties
in National
and International Law
11.3 Defining Subsidies and "Actionable Subsidies"
11.4 Perspectives and Reflections on the Subsidies Subject
12 The Uruguay Round "New Subjects": EXtending the
Scope and Competence of the World Trading System
12.1 Introduction
12.2 Trade in Services in the Uruguay Round
12.3 Intellectual Property Rights
12.4 Agriculture
12.5 Agreement on TradeRelated Investment Measures
13 Economies with Special Circumstances
13.1 Economies That Do Not Well Fit the Rules of the World
Trading System
13.2 The Generalized System of Preferences
13.3 State Trading and the GATT System
13.4 Nonmarket Economies and Economies in Transition in China and
Russia
13.5 The United States and Nonmarket/Transition Economies
13.6 Unfair Trade Practice Laws and Nonmarket/Transition
Economies: Antidumping
and Countervailing Duties
14 Conclusions and Perspectives
14.1 The "Trade Constitution"
14.2 How the SYstem Works
14.3 Weaknesses of the Trade Constitution: Are They Now Corrected?
14.4 Some Fundamental Policy Questions
14.5 Regulating International Economic Behavior: The Broader
Framework
for Policy Analysis
14.6 Some Conclusions
Notes
IndeX

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