The Regulation of International Trade volume 2

Contents
Preface
Introduction
1 Annex 1A Agreements Dealing with Customs Procedures
1.1 Clearing Goods through Customs
1.2 ILA
1.3 CVA
1.4 The Agreement on Preshipment Inspection (PSI)
1.5 Trade Facilitation
1.6 Concluding Remarks
2 Antidumping
2.1 The Legal Discipline and Its Rationale
2.2 The Relationship with GATT
2.3 Calculating the Dumping Margin
2.4 Injury Analysis
2.5 The Causality Requirement
2.6 Imposing Antidumping Duties
2.7 Administrative Review of AD Duties
2.8 Sunset Reviews
2.9 Duties Can Be Imposed Only Following Investigation
2.10 Special and Differential Treatment
2.11 The Standard of Review by WTO Adjudicating Bodies
2.12 Remedies against Illegally Imposed AD Duties
2.13 Institutional Issues
2.14 Is Dumping Unfair?
2.15 Concluding Remarks
3 Subsidies
3.1 The Legal Discipline and Its Rationale
3.2 The Relationship with GATT
3.3 Defining a Subsidy
3.4 Three Categories of Subsidies
3.5 Actionable Subsidies
3.6 Nonactionable Subsidies
3.7 Prohibited Subsidies
3.8 CVDs: Substantive Requirements
3.9 CVDs: Procedural Requirements
3.10 Administrative Reviews
3.11 Sunset Reviews
3.12 Special and Differential Treatment for Developing Countries
3.13 The Standard of Review Applied by WTO Adjudicating Bodies
3.14 Fisheries Subsidies
3.15 Institutional Issues
3.16 Concluding Remarks
4 Safeguards
4.1 The Legal Discipline and Its Rationale
4.2 The Legal Relationship with GATT
4.3 The Road to the SG Agreement
4.4 The Right to Safeguard Action
4.5 Applying Safeguards
4.6 Procedural Requirements
4.7 Special Safeguard Regime with Respect to China
4.8 Special and Differential Treatment for Developing Countries
4.9 Standard of Review
4.10 Institutions
4.11 Concluding Remarks
5 Technical Barriers to Trade
5.1 The Legal Discipline and Its Rationale
5.2 The Relationship with GATT
5.3 Coverage
5.4 International Standards
5.5 Technical Regulations
5.6 Standards
5.7 Conformity Assessment
5.8 Special and Differential Treatment for Developing Countries
5.9 Institutional Issues
5.10 Concluding Remarks
6 Sanitary and Phytosanitary Measures
6.1 The Legal Discipline and Its Rationale
6.2 The Relationship with GATT and the Other Annex 1A Agreements
6.3 Coverage
6.4 International Standards
6.5 Unilateral Measures Must Be Based on Science
6.6 Measures Based on Precaution
6.7 Measures Must Be Applied in a Nondiscriminatory Way
6.8 Measures Must Be Necessary
6.9 Consistency
6.10 Special and Differential Treatment
6.11 Transparency
6.12 Standard of Review 94
6.13 Institutional Issues
6.14 Concluding Remarks
7 Trade-Related Investment Measures (TRIMs)
7.1 The Legal Discipline and Its Rationale
7.2 The Relationship with GATT and the Other Annex 1A Agreements
7.3 Trade and Investment
7.4 The TRIMs Agreement
7.5 Institutions
7.6 Review of the Agreement
7.7 Concluding Remarks
8 Agreement on Agriculture
8.1 The Legal Discipline and Its Rationale
8.2 The Relationship with GATT and the Other Annex 1A Agreements
8.3 The Road to the AG Agreement
8.4 Product Coverage and Schedules of Concessions
8.5 Border Measures
8.6 Domestic Support
8.7 Export Subsidies
8.8 Minimum Access Requirements
8.9 Due Restraint (Peace Clause)
8.10 Public Stockholding for Food-Security Purposes
8.11 Special and Differential Treatment
8.12 Transparency
8.13 Institutional Issues
8.14 Concluding Remarks
9 Agreement on Textiles and Clothing
9.1 The Legal Discipline and Its Rationale
9.2 The Relationship with GATT
9.3 The Road to the ATC
9.4 ATC
9.5 Concluding Remarks
10 Government Procurement
10.1 The Legal Discipline and Its Rationale
10.2 The Relationship with GATT
10.3 Government Procurement: A Multifaceted Instrument
10.4 The Scope of the GPA
10.5 The Obligations Assumed
10.6 Procurement Methods
10.7 Transparency
10.8 Special and Differential Treatment
10.9 Enforcing the GPA
10.10 The Work Programmes
10.11 Institutional Issues
10.12 Concluding Remarks
11 The Civil Aviation Agreement
11.1 The Legal Discipline and Its Rationale
11.2 The Relationship with the GATT and Annex 1A Agreements
11.3 Membership
11.4 Product Coverage
11.5 Elimination of Customs Duties
11.6 Disciplines on Subsidies
11.7 Other Obligations
11.8 Institutions
11.9 Concluding Remarks
12 Transparency
12.1 The Legal Discipline and Its Rationale
12.2 Article X of GATT
12.3 The Trade Policy Review Mechanism (TPRM)
12.4 Into the Great Wide Open: Transparency Unlimited
Notes
References
Index