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Regulatory Barriers and the Principle of Non-discrimination in World Trade Law: Past, Present, and Future
Thomas Cottier and Petros C. Mavroidis, Editors
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The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.
The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.
Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.
Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.
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Cover
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Title
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Copyright
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Contents
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Abbreviations and Acronyms
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Authors and Conference Participants
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Preface
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Part I: Introduction
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Regulatory Barriers and the Principle of Non-Discrimination in WTO Law: An Overview
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Part II: Conceptual Issues
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1 MFN Unconditionality: A Legal Analysis of the Concept in View of its Evolution in the GATT/WTO Jurisprudence with Particular Reference to the Issue of “Like Product”
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2 MFN and the GATS
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3 “Like Product”: The Differences in Meaning in GATT Articles I and III
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4 “Like Products”: Some Thoughts at the Positive and Normative Level
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Part III: Empirical Analysis
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5 Managing the Interface between International Trade Law and the Regulatory State: What Lessons Should (and Should Not) Be Drawn from the Jurisprudence of the United States Dormant Commerce Clause
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6 Comment on “Managing the Interface between International Trade Law and the Regulatory State: What Lessons Should (and Should Not) Be Drawn from the Jurisprudence of the United States Dormant Commerce Clause”
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7 The Non-Discrimination Principle and the Removal of Fiscal Barriers to Intra-Community Trade
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8 After Keck and Mithouard: Free Movement of Goods in the EC, Market Access, and Non-Discrimination
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9 Comments on Papers Presented by Paul Demaret and Piet Eeckout
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10 Market Integration in a Small Federal State (Switzerland): The Role of Public Health
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11 Comment on: “Market Integration in a Small Federal State: The Case of Switzerland” by Olivier Guillod
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12 Comments on Olivier Guillod's Paper
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Part IV: Issues For the Future; Mutual Recognition
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13 Technical Regulations and Industry Standards (TRIS)
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14 Comments on Messerlin and Palmeter's Paper
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15 Non-Discriminatory Mutual Recognition: An Oxymoron in the New WTO Lexicon?
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16 Mutual Recognition in the Transatlantic Context: Some Reflections on Future Negotiations
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Part V: Trade and Competition Interlinkage
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17 The Economic Evaluation of Protection under Art III: Some Principles and Suggestions for the Definition of a Trade Relevant Market
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18 Comments on Damien Neven's Paper
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19 Rethinking the “Like Product” Definition in GATT 1994: Anti-Dumping and Environmental Protection
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Part VI: Conclusions
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20 Conclusions
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Transcript of Roundtable Discussion
Citable Link
Published: 2000
Publisher: University of Michigan Press
- 978-0-472-02644-9 (ebook)
- 978-0-472-11100-8 (hardcover)