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Liberalising Trade in the EU and the WTO

Liberalising Trade in the EU and the WTO A Legal Comparison

Author: Sanford E. Gaines; Professor Birgitte Egelund Olsen; Professor Karsten Engsig Sørensen
Publisher: Cambridge University Press
ISBN: 9781107012752
Published In: August 2012
Format: Hardback , 520 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.

• Comparative analysis of trade law and policy gives readers new perspectives on both EU and WTO trade law

• Chapters on key institutional elements and all major trade law topics provide readers with a complete view of trade law in both systems

• Goes beyond descriptive review to identify strengths and weaknesses in different approaches to the same trade law questions and opportunities for the EU and WTO to learn from each other

Notes on contributors	vii
List of figures	xv
List of tables	xvi
Part I Introduction	1
1 Comparing two trade liberalisation regimes Sanford E. Gaines, Birgitte Egelund Olsen and Karsten Engsig Sørensen	3
Part II Framework	19
2 Negotiating in the shadow of good faith Amin Alavi	21
3 The influence of general principles of law Jan Wouters, Dominic Coppens and Dylan Geraets	43
4 The use of financial sanctions in response to post-litigation non-compliance Bugge Thorbjørn Daniel	75
5 The Court and the Appellate Body: between constitutionalism and dispute settlement Pieter Jan Kuijper	99
Part III Comparative disciplines	139
6 Direct and indirect discrimination in WTO and EU law Thomas Cottier and Matthias Oesch	141
7 Non-discriminatory restrictions on trade Karsten Engsig Sørensen	176
8 Trade and social objectives Sanford E. Gaines and Birgitte Egelund Olsen	203
9 The freedom to provide services Johan van de Gronden	234
Part IV Harmonisation needs – implicit and explicit	259
10 Technical regulations and their notification Karsten Engsig Sørensen	261
11 Rules on state aid and subsidies Pernille Wegener Jessen	288
12 Consumer labelling in EU and WTO law Ilona Cheyne	309
13 The precautionary principle and beyond Helle Tegner Anker	333
14 Government procurement – can the WTO learn from the EU regime? Michael Steinicke	360
15 Customs law: the challenge of non-centralised customs administrations in the EU Carsten Willemoes Jørgensen	385
16 Comparing regulatory treatment of intellectual property at WTO and EU level Matthew J. Elsmore	412
17 Anti-dumping practices in the EU: a comparative analysis of rules and application in the context of WTO Laura Rovegno and Hylke Vandenbussche	440
18 EU safeguards applications and WTO law Henrik Andersen	467
Index	491