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National Treatment and WTO Dispute Settlement: Adjudicating the Boundaries of Regulatory Autonomy
 
 
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National Treatment and WTO Dispute Settlement: Adjudicating the Boundaries of Regulatory Autonomy [Hardcover]

Gaetan Verhoosel (Author)

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Book Description

April 8, 2002
The 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.

Editorial Reviews

Review

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

About the Author

Dr Gatan Verhoosel is a lawyer with Debevoise Plimpton in New York.

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
national treatment, domestic legal orders, accountancy sector, integrated necessity test, negative harmonisation, regulatory heterogeneity, protective application, facto discriminatory, regulatory intent, regulatory autonomy, facto discrimination, same adverse effects, national treatment obligations, violation complaints, regulatory objective
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Appellate Body, Member States, Alcoholic Beverages, Defining the Interface, Vienna Convention, Korea-Measures Affecting Imports of Fresh, Robert Hudec, Cassis de Dijon, United States-Section, Frieder Roessler, Alan Sykes, Journal of International Economic Law, Aaditya Mattoo, Revue Trimestrielle de Droit Europeen, Chronique de Jurisprudence, Containing Products, Joel Trachtman, Jean Guy Huglo, Journal of World Trade, European Journal of International Law, Canada-Certain Measures, European Community, The Uruguay Round, General Agreement, Gas Guzzler
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