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基本説明
Publication delayed (Originally scheduled in May 2003). This book analyzes the sources of transatlantic disputes, and the means employed to prevent and settle such disputes both bilaterally and through the multilateral dispute settlement mechanism of the of the WTO.
Full Description
Contemporary transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and the application of the Helms-Burton Act. This book analyses the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and promising areas for reform. The book begins with a survey of transatlantic governance and dispute settlement problems. Part II analyses 14 case studies of transatlantic economic and regulatory disputes written by leading EU and US experts. The analytical papers in Part III examine the disputes in the broader context of legal, economic and political theories of dispute prevention and dispute settlement, and part IV offers policy recommendations from EU and US policy-makers and academics.
Contents
1. PREVENTION AND SETTLEMENT OF TRANSATLANTIC ECONOMIC DISPUTES: LEGAL STRATEGIES FOR EU/US LEADERSHIP ; 2. The political Economy of Transatlantic Trade Disputes ; 3. MANIFESTLY ILLEGAL IMPORT RESTRICTION AND NON-COMPLIANCE WITH WTO DISPUTE SETTLEMENT RULINGS: LESSONS FROM THE BANANAS DISPUTE ; 4. Safegueard, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively ; 5. Industrial Subsidies: Tax Treatment of 'Foreign Sales Corporations' ; 6. Production and Export Subsedies in Agriculture: Lessons from GATT and WTO Disputes Involving the US and the EC ; 7. The Trade Disputes Concerning Health Policy Between ; THE EC AND THE US ; 8. US-EU Disputes Over Technical Barriers to Trade and the 'Hushkits' Dispute ; 11. Lessons From the Dispute over the Massachusetts Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar) ; 13. Strengthening the International Environmental Regime: A Transatlantic Perspective ; 15. North Atlantic Dispute Settlement for Air Transport ; 16. Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce: US- Section 211 Omnibus Approriations Act 1998 ('Havana CLub') ; 18. Transatlantic Trade Conflicts anf GATT/WTO Dispute Settlement ; 19. Renegotiation in Transatlantic Trade Disputes ; 20. 'Early Warning System' for ispute Prevention in the transatlantic Partnership: Experiences and Prospects ; 21. Private Parties in EC-US Dispute Settlement at the WTO: Toward Intermediated Domestic Effect ; 22. STRENGTHENING THE SINEWS OF PARTNERSHIP: RESOLVING AND AVOIDING TRANSATLANTIC ECONOMIC CONFLICTS ; 23. Preventing and Settling Transatlantic Disputes: The EU, the US and the WTO ; 24. Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal Perspectives ; 26. Preventing and Settling Transatlantic Economic Disputes: Legal Policy and Recommendations from a Citizen Perspective ; 27. Managing System Fricton: Regulatory Conflicts in Transatlantic Relations and the WTO