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'The Interpretation of Schedules of Commitments', Isabelle Van Damme, Issue 1, pp. 1–52 |
infoIsabelle Van Damme, 'The Interpretation of Schedules of Commitments' (2007) 41 Journal of World Trade, Issue 1, pp. 1–52 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007001 | 
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'Preferential Trade Agreements and their Implications for Customs Services', Donald Feaver, Kenneth Wilson, Issue 1, pp. 53–74 |
infoDonald Feaver, Kenneth Wilson, 'Preferential Trade Agreements and their Implications for Customs Services' (2007) 41 Journal of World Trade, Issue 1, pp. 53–74 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007002 | 
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'The World Trade Organization’s Legitimacy Crisis: What Does the Beast Look Like?', Manfred Elsig, Issue 1, pp. 75–98 |
infoManfred Elsig, 'The World Trade Organization’s Legitimacy Crisis: What Does the Beast Look Like?' (2007) 41 Journal of World Trade, Issue 1, pp. 75–98 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007003 | 
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'Non-agricultural Market Access Negotiations in the World Trade Organization', Hakim Ben Hammouda, Stephen N. Karingi, Mustapha Sadni Jallab, Issue 1, pp. 99–126 |
infoHakim Ben Hammouda, Stephen N. Karingi, Mustapha Sadni Jallab, 'Non-agricultural Market Access Negotiations in the World Trade Organization' (2007) 41 Journal of World Trade, Issue 1, pp. 99–126 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007004 | 
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'Disciplining Domestic Regulations Under GATS and its Implications for Developing Countries: An Indian Case Study', Suparna Karmakar, Issue 1, pp. 127–158 |
infoSuparna Karmakar, 'Disciplining Domestic Regulations Under GATS and its Implications for Developing Countries: An Indian Case Study' (2007) 41 Journal of World Trade, Issue 1, pp. 127–158 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007005 | 
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'Safeguards in the World Trade Organization Ten Years After: A Dissociated State of the Law?', Pablo Martín Rodríguez, Issue 1, pp. 159–190 |
infoPablo Martín Rodríguez, 'Safeguards in the World Trade Organization Ten Years After: A Dissociated State of the Law?' (2007) 41 Journal of World Trade, Issue 1, pp. 159–190 | | This article examines the contradictory functioning of the World Trade Organization Agreement on Safeguards during the first ten years of application. On the one hand, it shows that, by using a literal interpretive shift and proceduralizing some substantive requirements, the WTO case-law has established a highly restrictive interpretation of safeguards; as an absolutely exceptional safety valve in the case of serious unforeseen developments. On the other hand, it reviews State practice in order to highlight the emergence of a more lenient pattern according to which safeguards are non-compensated short-length tariff measures aimed at conveying temporarily protectionist pressures on markets in trouble, aggravated by increasing imports. This situation has led to two different interpretations in the literature, namely the “massive infringement scenario” and the “normative rejection scenario”, neither of which is fully convincing. For this reason, the article concludes that the situation is better described as a dissociation scenario between the “law as stated” and the “law as applied”. Furthermore, it analyses the causes of this dissociation and distinguishes between those pertaining to legal technique (the special features of the WTO dispute settlement system and the different efficiency of the international control devices laid down in the Agreement on Safeguards) and those pertaining to legal theory (namely, the conception of safeguards as a discretionary legal power instead of a temporary special treaty regime). Finally, the article draws some conclusions about the role of safeguards within the trade remedy context (currently under reconsideration). Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007006 | 
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'Weaving Webs of Influence: The United States, Free Trade Agreements and Dispute Resolution', Peter Drahos, Issue 1, pp. 191–210 |
infoPeter Drahos, 'Weaving Webs of Influence: The United States, Free Trade Agreements and Dispute Resolution' (2007) 41 Journal of World Trade, Issue 1, pp. 191–210 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007007 | 
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'Financial Liberalization and Regulation in East Asia: Lessons from Financial Crises and the Chinese Experience of Controlled Liberalization', Jiangyu Wang, Issue 1, pp. 211–241 |
infoJiangyu Wang, 'Financial Liberalization and Regulation in East Asia: Lessons from Financial Crises and the Chinese Experience of Controlled Liberalization' (2007) 41 Journal of World Trade, Issue 1, pp. 211–241 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007008 | 
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'Response to the Article “Are the Economic Partnership Agreements a First-bet Optimum for the ACP Countries?” Perez, R. (2006) 40(6)', Louise Curran, Issue 1, pp. 243–244 |
infoLouise Curran, 'Response to the Article “Are the Economic Partnership Agreements a First-bet Optimum for the ACP Countries?” Perez, R. (2006) 40(6)' (2007) 41 Journal of World Trade, Issue 1, pp. 243–244 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007009 | 
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| | ISSUE 2 |
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'Legal Services and the Doha Round Dilemma', Sydney M. Cone III, Issue 2, pp. 245–272 |
infoSydney M. Cone III, 'Legal Services and the Doha Round Dilemma' (2007) 41 Journal of World Trade, Issue 2, pp. 245–272 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007010 | 
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'Playing Fair: The Meaning of Fair and Equitable Treatment in Bilateral Investment Treaties', Graham Mayeda, Issue 2, pp. 273–291 |
infoGraham Mayeda, 'Playing Fair: The Meaning of Fair and Equitable Treatment in Bilateral Investment Treaties' (2007) 41 Journal of World Trade, Issue 2, pp. 273–291 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007011 | 
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'Trade in Telecommunications Services: Doha and Beyond', Shin-yi Peng, Issue 2, pp. 293–317 |
infoShin-yi Peng, 'Trade in Telecommunications Services: Doha and Beyond' (2007) 41 Journal of World Trade, Issue 2, pp. 293–317 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007012 | 
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'On the (Non-)Effectiveness of the World Trade Organization Special and Differential Treatments in the Dispute Settlement Process', Amin Alavi, Issue 2, pp. 319–349 |
infoAmin Alavi, 'On the (Non-)Effectiveness of the World Trade Organization Special and Differential Treatments in the Dispute Settlement Process' (2007) 41 Journal of World Trade, Issue 2, pp. 319–349 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007013 | 
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'Regionalism and Developing Countries: A Primer', Jaime de Melo, Issue 2, pp. 351–369 |
infoJaime de Melo, 'Regionalism and Developing Countries: A Primer' (2007) 41 Journal of World Trade, Issue 2, pp. 351–369 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007014 | 
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'Taiwan’s Protocol 16 Special Safeguard and Anti-dumping Enforcement on Imports from China', Thomas Weishing Huang, Issue 2, pp. 371–409 |
infoThomas Weishing Huang, 'Taiwan’s Protocol 16 Special Safeguard and Anti-dumping Enforcement on Imports from China' (2007) 41 Journal of World Trade, Issue 2, pp. 371–409 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007015 | 
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'Services Trade Liberalization at the Regional Level: Does Southern and Eastern Africa Stand to Gain From Economic Partnership Agreement Negotiations?', Marion Jansen, Issue 2, pp. 411–450 |
infoMarion Jansen, 'Services Trade Liberalization at the Regional Level: Does Southern and Eastern Africa Stand to Gain From Economic Partnership Agreement Negotiations?' (2007) 41 Journal of World Trade, Issue 2, pp. 411–450 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007016 | 
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'Book Review', Edwin Vermulst, Jennifer Paterson, Issue 2, pp. 451–452 |
infoEdwin Vermulst, Jennifer Paterson, 'Book Review' (2007) 41 Journal of World Trade, Issue 2, pp. 451–452 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007017 | 
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| | ISSUE 3 |
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'WTO Accession: Procedure, Requirements and Costs', Igor I. Kavass, Issue 3, pp. 453–474 |
infoIgor I. Kavass, 'WTO Accession: Procedure, Requirements and Costs' (2007) 41 Journal of World Trade, Issue 3, pp. 453–474 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007018 | 
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'The Role of Chairman’s Statements in the WTO', Henning M. Grosse Ruse-Khan, Issue 3, pp. 475–534 |
infoHenning M. Grosse Ruse-Khan, 'The Role of Chairman’s Statements in the WTO' (2007) 41 Journal of World Trade, Issue 3, pp. 475–534 | | “The WTO organs are somewhat addicted to Chairman’s statements. It must be admitted that they often present a useful way out of the dilemma. The chairman pronounces them from the Chair, usually after painstaking consultations with many delegations, but in principle they are not fully negotiated. Nobody contradicts them, but nobody has accepted them either and everybody can live in the illusion that this statement is the Chair’s responsibility alone, does not really represent a true consensus or decision but, as if by magic, will still be followed and respected by everyone.” Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007019 | 
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'Overcoming “Green Barriers”: China’s First Five Years Into the WTO', Yuhong Zhao, Issue 3, pp. 535–558 |
infoYuhong Zhao, 'Overcoming “Green Barriers”: China’s First Five Years Into the WTO' (2007) 41 Journal of World Trade, Issue 3, pp. 535–558 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007020 | 
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'A Firm Perspective of Anti-dumping and Countervailing Duty Cases in the United States', Johan Paul Lindeque, Issue 3, pp. 559–579 |
infoJohan Paul Lindeque, 'A Firm Perspective of Anti-dumping and Countervailing Duty Cases in the United States' (2007) 41 Journal of World Trade, Issue 3, pp. 559–579 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007021 | 
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'Legal Analysis of Korea–ASEAN Regional Trade Integration', Won-Mog Choi, Issue 3, pp. 581–603 |
infoWon-Mog Choi, 'Legal Analysis of Korea–ASEAN Regional Trade Integration' (2007) 41 Journal of World Trade, Issue 3, pp. 581–603 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007022 | 
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'Unilateral Measures and WTO Dispute Settlement: An EC Perspective', Antonis Antoniadis, Issue 3, pp. 605–627 |
infoAntonis Antoniadis, 'Unilateral Measures and WTO Dispute Settlement: An EC Perspective' (2007) 41 Journal of World Trade, Issue 3, pp. 605–627 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007023 | 
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'A Match Made in the Corporate and Public Interest: Marrying Voluntary CSR Initiatives and the WTO', Susan Ariel Aaronson, Issue 3, pp. 629–659 |
infoSusan Ariel Aaronson, 'A Match Made in the Corporate and Public Interest: Marrying Voluntary CSR Initiatives and the WTO' (2007) 41 Journal of World Trade, Issue 3, pp. 629–659 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007024 | 
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'BOOK REVIEW', Folkert Graafsma, Issue 3, pp. 661–663 |
infoFolkert Graafsma, 'BOOK REVIEW' (2007) 41 Journal of World Trade, Issue 3, pp. 661–663 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007025 | 
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| | ISSUE 4 |
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'The Debate on Improving Implementation of the Regionalization Chapter of the SPS Agreement: Real Problems or Disguised Protectionism?', Laura J. Loppacher, William A. Kerr, Richard R. Barichello, Issue 4, pp. 667–681 |
infoLaura J. Loppacher, William A. Kerr, Richard R. Barichello, 'The Debate on Improving Implementation of the Regionalization Chapter of the SPS Agreement: Real Problems or Disguised Protectionism?' (2007) 41 Journal of World Trade, Issue 4, pp. 667–681 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007026 | 
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'GSP Tariffs and Conditionality: A Comment on EC–Preferences', Maureen Irish, Issue 4, pp. 683–698 |
infoMaureen Irish, 'GSP Tariffs and Conditionality: A Comment on EC–Preferences' (2007) 41 Journal of World Trade, Issue 4, pp. 683–698 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007027 | 
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'Policy Diversity, State Autonomy, and the US–Canada Softwood Lumber Dispute: Philosophical and Normative Aspects', Gilbert Gagné, Issue 4, pp. 699–730 |
infoGilbert Gagné, 'Policy Diversity, State Autonomy, and the US–Canada Softwood Lumber Dispute: Philosophical and Normative Aspects' (2007) 41 Journal of World Trade, Issue 4, pp. 699–730 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007028 | 
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'Economic and Cultural Impact on Intellectual Property Violations: A Study of Software Piracy', Deli Yang, Mahmut Sonmez, Issue 4, pp. 731–750 |
infoDeli Yang, Mahmut Sonmez, 'Economic and Cultural Impact on Intellectual Property Violations: A Study of Software Piracy' (2007) 41 Journal of World Trade, Issue 4, pp. 731–750 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007029 | 
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'Migration and the World Trade Organization', Roman Greenberg, Veniana Qalo, Issue 4, pp. 751–781 |
infoRoman Greenberg, Veniana Qalo, 'Migration and the World Trade Organization' (2007) 41 Journal of World Trade, Issue 4, pp. 751–781 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007030 | 
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'Interpretation of “Interconnection” by the WTO Mexico—Telecommunications Panel: A Critique', Chan-Mo Chung, Issue 4, pp. 783–798 |
infoChan-Mo Chung, 'Interpretation of “Interconnection” by the WTO Mexico—Telecommunications Panel: A Critique' (2007) 41 Journal of World Trade, Issue 4, pp. 783–798 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007031 | 
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'A Comparative Study on the Trade Barriers Regulation and the Foreign Trade Barriers Investigation Rules', Junrong Song, Issue 4, pp. 799–831 |
infoJunrong Song, 'A Comparative Study on the Trade Barriers Regulation and the Foreign Trade Barriers Investigation Rules' (2007) 41 Journal of World Trade, Issue 4, pp. 799–831 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007032 | 
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'The Law of the World Trade Organization and the Communications Law of the European Community: On a Path of Harmony or Discord?', Mira Burri Nenova, Issue 4, pp. 833–878 |
infoMira Burri Nenova, 'The Law of the World Trade Organization and the Communications Law of the European Community: On a Path of Harmony or Discord?' (2007) 41 Journal of World Trade, Issue 4, pp. 833–878 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007033 | 
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'Book Review', Tatiana Lacerda Prazeres, Issue 4, pp. 879–881 |
infoTatiana Lacerda Prazeres, 'Book Review' (2007) 41 Journal of World Trade, Issue 4, pp. 879–881 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007034 | 
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| | ISSUE 5 |
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'WTO Dispute Settlement and Dispute Settlement in the “North–South” Agreements of the Americas: Considerations for Choice of Forum', Fernando Piérola, Gary Horlick, Issue 5, pp. 855–908 |
infoFernando Piérola, Gary Horlick, 'WTO Dispute Settlement and Dispute Settlement in the “North–South” Agreements of the Americas: Considerations for Choice of Forum' (2007) 41 Journal of World Trade, Issue 5, pp. 855–908 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007035 | 
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'Service Trade Liberalization as a Handmaiden of Competitiveness in Manufacturing: An Industrialized or Developing Country Issue?', Rolf J. Langhammer, Issue 5, pp. 909–929 |
infoRolf J. Langhammer, 'Service Trade Liberalization as a Handmaiden of Competitiveness in Manufacturing: An Industrialized or Developing Country Issue?' (2007) 41 Journal of World Trade, Issue 5, pp. 909–929 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007036 | 
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'The International Monetary Fund’s Influence on Trade Policies of Low-income Countries: A Valid Undertaking?', Raymond Saner, Ricardo Guilherme, Issue 5, pp. 931–981 |
infoRaymond Saner, Ricardo Guilherme, 'The International Monetary Fund’s Influence on Trade Policies of Low-income Countries: A Valid Undertaking?' (2007) 41 Journal of World Trade, Issue 5, pp. 931–981 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007037 | 
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'Trade Restrictions Pursuant to Multilateral Environmental Agreements: Developmental Implications for Developing Countries', Shawkat Alam, Issue 5, pp. 983–1014 |
infoShawkat Alam, 'Trade Restrictions Pursuant to Multilateral Environmental Agreements: Developmental Implications for Developing Countries' (2007) 41 Journal of World Trade, Issue 5, pp. 983–1014 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007038 | 
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'Circumvention and Anti-circumvention in Anti-dumping Practice: A New Problem in China’s Outbound Trade', Yanning Yu, Issue 5, pp. 1015–1041 |
infoYanning Yu, 'Circumvention and Anti-circumvention in Anti-dumping Practice: A New Problem in China’s Outbound Trade' (2007) 41 Journal of World Trade, Issue 5, pp. 1015–1041 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007039 | 
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'To Comply or Not to Comply?– Non-implementation Problems in the WTO Dispute Settlement System', Won-Mog Choi, Issue 5, pp. 1043–1071 |
infoWon-Mog Choi, 'To Comply or Not to Comply?– Non-implementation Problems in the WTO Dispute Settlement System' (2007) 41 Journal of World Trade, Issue 5, pp. 1043–1071 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007040 | 
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'Do Trade Preferences Enhance Market Access for Developing Countries’ Agricultural Products? Evidence from Switzerland', Sangeeta Khorana, Issue 5, pp. 1073–1090 |
infoSangeeta Khorana, 'Do Trade Preferences Enhance Market Access for Developing Countries’ Agricultural Products? Evidence from Switzerland' (2007) 41 Journal of World Trade, Issue 5, pp. 1073–1090 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007041 | 
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'The Beginning of Economic Integration Between East Asia and North America?–Forming the Third Largest Free Trade Area Between the United States and the Republic of Korea', Yong-Shik Lee, Issue 5, pp. 1091–1123 |
infoYong-Shik Lee, 'The Beginning of Economic Integration Between East Asia and North America?–Forming the Third Largest Free Trade Area Between the United States and the Republic of Korea' (2007) 41 Journal of World Trade, Issue 5, pp. 1091–1123 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007042 | 
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| | ISSUE 6 |
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'Substansive Trademark Law Harmonization by Means of the WTO Appelate Body and the European Court of Justice: The Case of Trade Name Protection', Gail E. Evans, Issue 6, pp. 1127–1162 |
infoGail E. Evans, 'Substansive Trademark Law Harmonization by Means of the WTO Appelate Body and the European Court of Justice: The Case of Trade Name Protection' (2007) 41 Journal of World Trade, Issue 6, pp. 1127–1162 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007043 | 
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'Effects of Dumping vs. Anti-dumping Measures: The US Trade Remedy Laws Applied to Wheat Imports from Canada', Won W. Koo, Ihn H. Uhm, Issue 6, pp. 1163–1184 |
infoWon W. Koo, Ihn H. Uhm, 'Effects of Dumping vs. Anti-dumping Measures: The US Trade Remedy Laws Applied to Wheat Imports from Canada' (2007) 41 Journal of World Trade, Issue 6, pp. 1163–1184 | | Empirical estimation of the effects of dumping (and/or subsidization) usually has been assessed by estimating it after the imposition of an anti-dumping duty (and/or countervailing duty) order. This article examines, theoretically and empirically, the difference between the economic effects of dumping and anti-dumping measures, using US trade remedy law against hard red spring (HRS) wheat imports from Canada. An econometric model is developed and used to estimate the effects of the decline in HRS wheat imports from Canada after the imposition of anti-dumping/countervailing duties by US authorities. This study found that the anti-dumping/countervailing duties on Canadian HRS wheat imports resulted in an increase in HRS wheat price by $0.14/bushel. Although, in theory, the economic effects of dumping are seemingly identical to those of an anti-dumping measure, they are not equal in practice. In fact, the volume of dumped imports entering the US market on the strength of dumping and the volume of dumped imports driven from the US market after the imposition of an anti-dumping measure are not identical. Implementation of the trade remedy laws is certainly not designed to equate, scientifically, the two effects. Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007044 | 
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'GATS 2000 Negotiations and India: Evolution and State of Play', Katsuri Das, Issue 6, pp. 1185–1236 |
infoKatsuri Das, 'GATS 2000 Negotiations and India: Evolution and State of Play' (2007) 41 Journal of World Trade, Issue 6, pp. 1185–1236 | | In the recent past, trade in services has emerged as one of the most contentious areas of the multilateral trade negotiations. In line with the “built-in” agenda of the General Agreement on Trade in Services (GATS), a new round of services negotiations, termed “GATS 2000”, was launched in January 2000, which were subsequently subsumed by the Doha Development Agenda in November 2001. India, from being a leading opponent of the GATS during the Uruguay Round, has now emerged as one of the forerunners of the services trade liberalization under the GATS. Given this backdrop, this article tracks the evolution of the GATS 2000 negotiations and puts forward a concise overview of the state of play, with a special reference to India. Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007045 | 
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'Cessation and Reparation in the GATT/WTO Legal System: A View from the Law of State Responsibility', Sherzod Shadikhojaev, Nohyoung Park, Issue 6, pp. 1237–1258 |
infoSherzod Shadikhojaev, Nohyoung Park, 'Cessation and Reparation in the GATT/WTO Legal System: A View from the Law of State Responsibility' (2007) 41 Journal of World Trade, Issue 6, pp. 1237–1258 | | The contents and the status of cessation is considerably the same in the law of State responsibility and the GATT/WTO. However, the legitimacy of reparation, especially restitution and compensation, in the GATT/WTO is controversial. As to restitution, the arguments that retrospective remedies are contrary to the GATT/WTO practice are questionable. Compensation under the GATT/WTO instruments is not a form of reparation, but monetary compensation offered in US—Section 110(5) Copyright Act has some elements of compensation under the law of State responsibility. Finally, there seem to be two possibilities under the existing WTO disciplines when reparation could be provided on a case-by-case basis. Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007046 | 
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'WTO Negotiation in Financial Services: Standing Offers Disappoint', Erland Herfindahl, Richard W. Brown, Issue 6, pp. 1259–1273 |
infoErland Herfindahl, Richard W. Brown, 'WTO Negotiation in Financial Services: Standing Offers Disappoint' (2007) 41 Journal of World Trade, Issue 6, pp. 1259–1273 | | This article reviews the goals of the current financial services negotiations as articulated by participants and academics. The article then presents the estimated price effects of non-tariff impediments to trade in banking services. Price effects, expressed in this article as tariff equivalents (TEs), are estimated for banking commitments bound in the WTO’s Financial Services Agreement and for negotiating offers tabled as of May 2005. Comparison of these TEs suggests that progress to date has been limited. Though several countries have tabled genuinely market-liberalizing offers, many more have tabled offers that suggest little or no market opening. Major goals of the Doha Development Agenda (DDA) in regard to banking remain unfulfilled, often at significant cost to the countries preserving trade restrictions. Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007047 | 
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'Redefining Development, Reimagining Globalization: The WTO and China’s New Economic Vision', Sun Liang, Zhang Xiangchen, Issue 6, pp. 1275–1295 |
infoSun Liang, Zhang Xiangchen, 'Redefining Development, Reimagining Globalization: The WTO and China’s New Economic Vision' (2007) 41 Journal of World Trade, Issue 6, pp. 1275–1295 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007048 | 
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'A Gambling Paradox: Why an Origin-Neutral “Zero-Quota” is Not a Quota Under GATS Article XVI', Donald H. Regan, Issue 6, pp. 1297–1317 |
infoDonald H. Regan, 'A Gambling Paradox: Why an Origin-Neutral “Zero-Quota” is Not a Quota Under GATS Article XVI' (2007) 41 Journal of World Trade, Issue 6, pp. 1297–1317 | | In US—Gambling, the Appellate Body held that an origin-neutral prohibition on remote gambling (which is how they mostly viewed the United States law) was “in effect” a “zero-quota”, and that such a “zero-quota” violated GATS Article XVI:2. That holding has been widely criticized, especially for what critics refer to as the Appellate Body’s “effects test”. This article argues that the Appellate Body’s “in effect” analysis is not an “effects test” and is not the real problem. The real mistake is regarding a so-called “zero-quota” as a quota under Article XVI. That is inconsistent with the ordinary meaning of the word “quota” in such a context; it is at odds with the object and purpose of Article XVI; and it is likely to reduce Members’ willingness to make concessions. Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007049 | 
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'Book Review', Isabelle van Damme, Issue 6, pp. 1319–1322 |
infoIsabelle van Damme, 'Book Review' (2007) 41 Journal of World Trade, Issue 6, pp. 1319–1322 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007050 | 
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'Index', Issue 6, pp. 1323–1330 |
info'Index' (2007) 41 Journal of World Trade, Issue 6, pp. 1323–1330 | | Copyright © 2007 Kluwer Law International All rights reserved ISSN: 1011-6702 ID: TRAD2007051 | 
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