Regulatory Barriers and the Principle of Non-discrimination in World Trade Law: Past, Present, and Future
The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.
The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.
Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.
Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.
1114494204
Regulatory Barriers and the Principle of Non-discrimination in World Trade Law: Past, Present, and Future
The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.
The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.
Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.
Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.
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Regulatory Barriers and the Principle of Non-discrimination in World Trade Law: Past, Present, and Future

Regulatory Barriers and the Principle of Non-discrimination in World Trade Law: Past, Present, and Future

Regulatory Barriers and the Principle of Non-discrimination in World Trade Law: Past, Present, and Future

Regulatory Barriers and the Principle of Non-discrimination in World Trade Law: Past, Present, and Future

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Overview

The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.
The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.
Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.
Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.

Product Details

ISBN-13: 9780472026449
Publisher: University of Michigan Press
Publication date: 05/18/2010
Series: Studies In International Economics , #2
Sold by: Barnes & Noble
Format: eBook
Pages: 472
File size: 1 MB

About the Author

Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School.

Petros C. Mavroidis is Professor of Law, University of Neuchâtel.

Table of Contents

Contents Abbreviations and Acronyms Authors and Conference Participants Preface Part I: Introduction Regulatory Barriers and the Principle of Non-Discrimination in WTO Law: An Overview / Thomas Cottier and Petros C. Mavroidis Part II: Conceptual Issues 1. MFN Unconditionality: A Legal Analysis of the Concept in View of its Evolution in the GATT/WTO Jurisprudence with Particular Reference to the Issue of "Like Product" / William J. Davey and Joost Pauwelyn 2. MFN and the GATS / Aaditya Mattoo 3. "Like Product": The Differences in Meaning in GATT Articles I and III / Robert E. Hudec 4. "Like Products": Some Thoughts at the Positive and Normative Level / Petros C. Mavroidis Part III: Empirical Analysis 5. Managing the Interface between International Trade Law and the Regulatory State: What Lessons Should (and Should Not) Be Drawn from the Jurisprudence of the United States Dormant Commerce Clause / Robert Howse 6. Comment on "Managing the Interface between International Trade Law and the Regulatory State: What Lessons Should (and Should Not) Be Drawn from the Jurisprudence of the United States Dormant Commerce Clause" / Gary N. Horlick 7. The Non-Discrimination Principle and the Removal of Fiscal Barriers to Intra-Community Trade / Paul Demaret 8. After Keck and Mithouard: Free Movement of Goods in the EC, Market Access, and Non-Discrimination / Piet Eeckhout 9. Comments on Papers Presented by Paul Demaret and Piet Eeckout / Jacques Bourgeois 10. Market Integration in a Small Federal State (Switzerland): The Role of Public Health / Olivier Guillod 11. Comment on: "Market Integration in a Small Federal State: The Case of Switzerland" by Olivier Guillod / Antonios Haniotis 12. Comments on Olivier Guillod's Paper / Jean-Marie Grether Part IV: Issues For the Future; Mutual Recognition 13. Technical Regulations and Industry Standards (TRIS) / Patrick A. Messerlin and David Palmeter 14. Comments on Messerlin and Palmeter's Paper / Thomas Cottier 15. Non-Discriminatory Mutual Recognition: An Oxymoron in the New WTO Lexicon? / Kalypso Nicolaïdis 16. Mutual Recognition in the Transatlantic Context: Some Reflections on Future Negotiations / Americo Beviglia Zampetti Part V: Trade and Competition Interlinkage 17. The Economic Evaluation of Protection under Art III: Some Principles and Suggestions for the Definition of a Trade Relevant Market / Damien J. Neven 18. Comments on Damien Neven's Paper / Michel Waelbroeck 19. Rethinking the "Like Product" Definition in GATT 1994: Anti-Dumping and Environmental Protection / Marco Bronckers and Natalie McNelis Part VI: Conclusions 20. Conclusions / Thomas Cottier and Petros C. Mavroidis Transcript of Roundtable Discussion
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