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12408 results in International Trade Law

Page 404 of 621

Regulating Trade in Services in the EU and the WTO
  • Trust, Distrust and Economic Integration
  • Edited by Ioannis Lianos, Okeoghene Odudu
  • Published online:
    05 April 2012
    Print publication:
    22 March 2012
  • This volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed.

  • United States – Certain measures affecting imports of poultry from China: the fascinating case that wasn't

  • JAN BOHANES
  • Journal:
    World Trade Review / Volume 11 / Issue 2 / April 2012
    Published online by Cambridge University Press:
    04 April 2012, pp. 307-325
    Print publication:
    April 2012
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  • Professor Regan's paper on the US–Poultry (China) case provides highly interesting insight both into the facts of the case and the Panel's reasoning, as well as the broader systemic issues lurking behind them. The author has identified a number of thought-provoking aspects in a case that, at first glance, appears to be a relatively bland SPS dispute.

  • Understanding Trade Law by Michael Trebilcock Cheltenham, UK: Edward Elgar Publishing, 2011

  • Benjamin H. Liebman
  • Journal:
    World Trade Review / Volume 11 / Issue 2 / April 2012
    Published online by Cambridge University Press:
    04 April 2012, pp. 349-352
    Print publication:
    April 2012
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  • Commentary on the Appellate Body Report in Australia–Apples (DS367): judicial review in the face of uncertainty

  • SIMON A.B. SCHROPP
  • Journal:
    World Trade Review / Volume 11 / Issue 2 / April 2012
    Published online by Cambridge University Press:
    04 April 2012, pp. 171-221
    Print publication:
    April 2012
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  • To justify certain sanitary and phytosanitary measures vis-à-vis New Zealand apple fruit, Australian authorities performed an import risk assessment that was riddled with scientific uncertainty. The quality and reliability of this assessment was the central bone of contention between the parties in the Australia–Apples dispute. In consequence, it featured prominently in the Appellate Body's discussion. In commenting on the Appellate Body Report, we are concerned with the standard of review of Members' decisions that are taken in situations of factual uncertainty. We discuss the elements in a Member's risk assessment that, in our view, should be considered ‘off limits’ for review by Panels if such assessment was performed in the presence of uncertain scientific facts, and how high degrees of uncertainty affect a Panel's ability to assess alleged less-trade-restrictive alternatives. Relying on findings from the disciplines of economics, decision analysis, and risk management, we introduce a basic framework for decisionmaking in conditions of uncertainty. We submit that certain types of decisions taken by the risk assessor cannot be subject to external review, since they necessarily contain subjective trade-offs on the part of the risk assessor. Applying our theoretical insights to the Apples case, we offer a series of recommendations concerning Panels' discretion to review Members' risk assessments and suggest concrete modifications to the standard of review currently applied by the Appellate Body.

  • Foreword

  • Lance Liebman
  • Journal:
    World Trade Review / Volume 11 / Issue 2 / April 2012
    Published online by Cambridge University Press:
    04 April 2012, p. iii
    Print publication:
    April 2012
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Page 404 of 621