Download Basic Legal Instruments for the Liberalisation of Trade: A by Federico Ortino PDF

By Federico Ortino

The translation and alertness of the principles of overseas and local exchange is changing into an more and more really expert box. This research offers an in-depth research of the center criminal innovations characterizing the 2 so much well-liked and winning efforts within the law of overseas alternate so far. Adopting a comparative procedure, it analyzes the elemental criminal tools hired via the ecu and the WTO for the aim of liberalizing exchange in items between their respective participants. To this finish, this research deals a clean examine the rules underlying the elemental ideas of foreign alternate legislations, together with the prohibition of border measures, the primary of non-discrimination on grounds of nationality, and the main of reasonableness.

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Additional info for Basic Legal Instruments for the Liberalisation of Trade: A Comparative Analysis of Ec and Wto Law (Studies in International Trade Law)

Example text

However, by interfering with free market forces, business practices such as price-fixing or market-sharing can have the same trade restrictive effect as barriers imposed by governments. The ITO Charter signed in Havana contained a chapter with nine Articles dealing with restrictive business practices. These provisions would have required contracting States to prevent business practices affecting international trade which restrained competition, limited access to markets or fostered monopolistic control, whenever such practices had harmful effects on the expansion of production or trade.

For example, the National Treatment obligation in Art XVII GATS only applies in the sectors and at the conditions specified in each Member’s schedule. 46 P Robson, The Economics of International Integration (1998) at 93. 47 J Trachtman, “Trade in Financial Services under GATS, NAFTA and the EC: a Regulatory Jurisdiction Analysis”, 34 Columbia Journal of Transnational Law (1995) 37 at 64, “It is worth distinguishing between national treatment regarding entry or establishment, on the one hand, and national treatment regarding post-entry operations, on the other hand.

59 Ibid. 60 J Pelkmans, “The Institutional Economics of European Integration”, in M Cappelletti, M Seccombe and JHH Weiler (eds) Integration Through Law, Vol 1 Methods, Tools and Institutions (Berlin/NewYork, Walter de Gruyter, 1986) at 321. Cf A El-Agran (ed), International Economic Integration ((London, Macmillan, 1982), and M Jovanovic, International Economic Integration (London/New York, Routledge, 1998). 61 Cf F Scharpf, “Balancing Positive and Negative Integration: the Regulatory Options for Europe”, Policy Papers Robert Schuman Centre (No 4, 1997).

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