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Basic Legal Instruments for the Liberalisation of Trade

A Comparative Analysis of EC and WTO Law

By: Federico Ortino
Media of Basic Legal Instruments for the Liberalisation of Trade
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Published: 30-01-2004
Format: PDF eBook (?)
Edition: 1st
Extent: 524
ISBN: 9781847312594
Imprint: Hart Publishing
Series: Studies in International Trade and Investment Law
RRP: £108.00
Online price : £86.40
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About Basic Legal Instruments for the Liberalisation of Trade

The interpretation and application of the rules of international and regional trade is becoming an increasingly specialised field. This study provides an in-depth analysis of the core legal concepts characterising the two most prominent and successful efforts in the regulation of international trade to date. Adopting a comparative method,it analyses the basic legal instruments employed by the EU and the WTO for the purpose of liberalising trade in goods among their respective Members. To this end, this study offers a fresh look at the principles underlying the basic rules of international trade law, including the prohibition of border measures, the principle of non-discrimination on grounds of nationality, and the principle of reasonableness.

Table Of Contents

Introduction: Defining the Boundaries of the Research

PART I. SHALLOW INTEGRATION
1. Negative Integration Stricto Sensu: The Elimination of Border Measures
2. Judicial Integration-First Layer: The National Treatment Principle and the Prohibition of De Jure Discrimination

PART II. DEEP INTEGRATION
3. Judicial Integration-Second Layer: The National Treatment Principle and the Prohibition of De Facto Discrimination
4. Judicial Integration-Third Layer: The Reasonableness Rule
5. Conclusion

Reviews

“...most impressive scholarly work. Its foremost value lies in the systematic manner in which the comparative analysis of EC and WTO law is accomplished.” –  Christina Moëll, Nordic Journal of International Law

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