Agreement and Anti-Agreement PDF Download

Author: Susan Steele
Publisher: Springer Science & Business Media
ISBN: 9400923783
Category : Language Arts & Disciplines
Languages : en
Pages : 458

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Author: K. D. Raju
Publisher: Kluwer Law International B.V.
ISBN: 9041127801
Category : Law
Languages : en
Pages : 522

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Book Description
The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.

Author: Philippe De Baere
Publisher: Cambridge University Press
ISBN: 1108530389
Category : Law
Languages : en
Pages : 921

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Book Description
A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.

Author: Aradhna Aggarwal
Publisher: Oxford University Press
ISBN: 0199087873
Category : Political Science
Languages : en
Pages :

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Book Description
In the era of globalization, trade policy has become a key development tool and expanding exports a major policy objective for developing countries. However, pressures for protectionism are threatening to reverse the gains. The surge of anti-dumping practices in the 1990s in many countries have triggered an intense debate on the anti-dumping agreement and its implementation. This volume analyses the importance of anti-dumping from a developing country's perspective. The author investigates the use of anti-dumping in a comparative framework and reviews the genesis and evolution of the Agreement and its legal provisions. She further discusses the economic and non-economic justifications of anti-dumping use and empirically analyses the macro-economic factors motivating countries to use anti-dumping. Finally she examines the wide-ranging proposals to reform the WTO anti-dumping code. The analysis brings out a bias against developing countries and stresses the need for fundamental reform of current anti-dumping rules. The author also reflects on plausible approaches to refine existing provisions and explores the possibility of reform by including a Public Interest Test. She suggests updating the special and differential treatment provisions to remedy existing imbalances.

Author: Willem Visser t'Hooft
Publisher: Routledge
ISBN: 1135790035
Category : History
Languages : en
Pages : 232

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Book Description
Little has been written on Japanese contract law and anti-trust law in Western languages. This book describes the role of this law in protecting the distributor against unilateral terminations of distribution agreements. There have been significant pressures both to lower prices and restructure distribution channels in Japan which have strained many distribution agreements. This volume, based primarily on Japanese language legal material, not only involves a study of applicable black-letter law, but also a sociological study of its application in practice. Detailed analysis has been made in particular of famous legal termination cases during the 1990s in the Japanese luxury cosmetics distribution system which generated influential decisions by the higher courts and the Fair Trade Commission, providing new insights into whether or not there are distinct Japanese attitudes towards contracts.

Author: Sandra Marco Colino
Publisher: Routledge
ISBN: 135195329X
Category : Business & Economics
Languages : en
Pages : 530

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Book Description
Antitrust is fast becoming a ’trending topic’, with over 120 countries having already adopted some form of competition legislation. This volume brings together carefully selected articles which reflect the evolution and progression of the regulation of joint conduct under competition law on both sides of the Atlantic, and which discuss principles of fundamental importance for antitrust law. The articles focus on various kinds of joint conduct between companies which might bear negative effects on competition, in particular on horizontal cartels and collusion between competitors. Attention is also paid to the debate surrounding the most adequate approach for vertical agreements, which take place between firms operating at different levels of production. Their effects on competition have traditionally been one of the most disputed issues in modern antitrust, and tend to divide the principal schools of thought that have influenced the evolution of competition policy around the world. The articles look primarily at two of the most established antitrust jurisdictions, namely the United States and the European Union. They discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.

Author: Rohini Acharya
Publisher: Cambridge University Press
ISBN: 1107161649
Category : Business & Economics
Languages : en
Pages : 753

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Book Description
This book explores bilateral and regional trade agreements, and examines how they are changing international trade rules. It offers an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by regional trade agreements.

Author: Martin Mendelsohn
Publisher: Kluwer Law International B.V.
ISBN: 904119813X
Category : Business & Economics
Languages : en
Pages : 304

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Book Description
The revised EC policy on the application of competition law to vertical agreements is one of the most important developments in EC anti-trust for many years. The block exemption regulation, which came into effect on 1 June 2000, and the accompanying policy changes are crucially important for companies doing business in the European Union. Whichever route a business chooses to get its products to market, it needs to understand the impact of the EC rules. This guide provides a comprehensive and practical commentary on the new rules. The work contains the full text of the block exemption regulation, accompanying guidelines and other relevant Commission notices. Issues covered include: background to EC competition law and its application to vertical agreements; in-depth analysis of the provisions of the block exemption regulation; examination of how the rules apply to exclusive distribution; and selective distribution, franchising and agency agreements. The authoritative and in-depth analysis of the guide will be invaluable to in-house counsel, business people and practitioners involved in or advising on the distribution of goods or services in the EU.

Author: Roberta D'Alessandro
Publisher: Walter de Gruyter
ISBN: 3110207834
Category : Language Arts & Disciplines
Languages : en
Pages : 337

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Book Description
This book brings together scholars who have been working on agreement restrictions within the generative framework. The articles range from syntactic to morphological approaches, investigating different domains of agreement restrictions, such as the Person Case Constraint, nominative objects, and Quirky Case Restrictions in a series of European and Non-European languages, providing new data and novel analyses for both, new and well-known facts. This book collects different and relevant studies in this field and gives a general overview of the different theoretical approaches concerned with the morphological, syntactic and semantic properties of agreement restriction phenomena.

Author: David Zarfes
Publisher: Aspen Publishing
ISBN: 1454859857
Category : Law
Languages : en
Pages : 304

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Book Description
This concise paperback, which will be a valuable supplementary text to any traditional contracts casebook, combines cases and actual contracts to bring a real-world practical perspective to the first-year contracts classroom. Contracts: A Transactional Approach fills the long-felt need by professors, students, and practitioners for a teaching approach to contracts that focuses on practical and transactional skills.and Contracts: A Transactional Approach introduces business contracts and transactions to the first-year contracts class in a unique fashion: Actually executed agreements between sophisticated parties give students exposure to the sort of agreements they will encounter in practice as either a litigator or a transactional attorney. Agreements are lightly edited and are presented as whole documents unbroken by discussion to force the student to read and analyze contracts in their entirety. Focus points and, where appropriate, practitioner comments before each agreement help focus the student's attention on important concepts. The authors begin with the simplest agreement and iteractively build on the same lessons. The discussion is tailored to basic provisions and their interaction with contract law, enabling students to build familiarity with once seemingly foreign contractual provisions and concepts. Lessons focus on the building block provisions (e.g., recitals, representations, warranties, indemnities, limitations of liability, restrictive covenants, liquidated damages) typically found in sophisticated contracts, including the judicial treatment of those provisions. Practitioner comments from experts in the field provide insight and advice on relevant topics to give a real world and practical perspective and to drive home the relevance of these concepts to students. This book teaches students how to read and understand contracts (and to anticipate how judges may read and understand contracts) so that the student can better draft contracts. Drafting tips are sprinkled throughout the book.