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Journal articles on the topic '180117 International Trade Law'

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Published: 10 December 2022

Last updated: 29 January 2023

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1

Warburton, Christopher E. S. "International trade law and trade theory." Journal of International Trade Law and Policy 9, no. 1 (March 30, 2010): 64–82. http://dx.doi.org/10.1108/14770021011029618.

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2

Chircop, Aldo. "Book Review: Shipping Law, International Trade Law, International Trade Law Statutes and Conventions 2011–2013." International Journal of Maritime History 25, no. 1 (June 2013): 383–86. http://dx.doi.org/10.1177/084387141302500150.

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3

Bridge, Michael. "International trade and transnational law." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 9–34. http://dx.doi.org/10.5937/rkspp2002009b.

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This article deals with the globalisation of contract law. It begins with an historical survey before taking an inventory of the various types of uniform law. These range from 'hard' law, such as multilateral treaties, to 'soft' law, an expression that captures various non-binding instruments that can usefully be employed by contracting parties and sovereign states. These include contractual standard terms (e.g. Incoterms 2020) and standard form contracts (e.g. ISDA contracts), as well as UNCITRAL model laws. The influence of national law in the globalisation process is noted, whether it takes the form of influencing the laws of other states or provides input into the creation of uniform law. The UN Convention on the International Sale of Goods (CISG) is examined at key points with reference to the influence exerted by the civil law and the common law in its creation. The importance of maintaining the uniform character of the CISG is underlined. Finally, the role played by the UNIDROIT Principles of International Commercial Contracts (PICC) is also examined.

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4

KWON, Hyunho. "Digital Trade and International Law." Institute of Legal Myongji University 20, no. 2 (January 31, 2022): 32–59. http://dx.doi.org/10.53066/mlr.2022.20.2.32.

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KWON, Hyunho. "Digital Trade and International Law." Institute of Legal Myongji University 20, no. 2 (December 31, 2021): 31–58. http://dx.doi.org/10.53066/mlr.2022.20.2.31.

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6

de Ly, Filip, and H. van Houtte. "The Law of International Trade." American Journal of Comparative Law 44, no. 3 (1996): 529. http://dx.doi.org/10.2307/840500.

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7

Bilová, Štĕpánka. "English for International Trade Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 27–41. http://dx.doi.org/10.2478/slgr-2014-0030.

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Abstract The Faculty of Law at Masaryk University in Brno, the Czech Re- public, offers several fields of studies, one of them being the three-year Bachelor’s degree programme of International Trade Law. This programme includes two semesters of English for specific purposes which the students take in their first year of studies. However, as the programme is offered as a part time study, there are only 10 lessons of English taught within two days per semester. Preparing a course which would develop the students’ language abilities and skills in the international trade law environment appears to be rather challenging under such conditions. In the paper I would like to share the ideas and experience from re- designing the syllabus for this course of English for international trade law. I describe the process from the original syllabus to a new one in which the teaching situation and students’ needs are taken into account. The course in- tends to include both product and process oriented goals and helps to improve general professional needs. In order to cover the field specific vocabulary, language practice and soft skills development within the above mentioned limited time frame, the students need to work both before and after the classes. The course is going to be piloted this year and we expect further modifications after its evaluation.

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8

Ashiquzzaman, Md. "A Review of International Trade Law." International Journal of Tax Economics and Management 1, no. 2 (December 31, 2018): 45–69. http://dx.doi.org/10.35935/tax/12.6945.

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International trade law refers to the import and export of goods and other things between the two countries. For international trade, it is a very important matter in the business sector to know and observe international trade law in details. In this article we will discuss international trade and international trade law. Which is a very important issue in international trade. The aim of this article was to try to discuss all of the international trade issues. This is just a general review of the different aspects of international trade. There can be different laws or customs for a country or a government about international trade that are not discussed here.

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9

Romanova, E. E. "“WTO Law”: Interconnection with International Law." Actual Problems of Russian Law 17, no. 4 (March 18, 2022): 115–24. http://dx.doi.org/10.17803/1994-1471.2022.137.4.115-124.

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Regulation of trade relations is a complex process that is getting more complicated year by year. The evolution of such relations led to the idea of creating a specialized institution, namely the World Trade Organization. The Marrakesh Agreement created a truly international organization, that is, as defined by the International Law Commission in its draft articles on the responsibility of international organizations, an organization established by a treaty or other instrument governed by international law and having its own international legal personality. Specialists in the field of international law continue to discuss the law governing the activities of the World Trade Organization (WTO). WTO law is a set of agreements and annexes to them, protocols of accession, decisions of WTO bodies, which allows us to consider it a special treaty regime within the framework of international law. WTO law is not isolated, as it is implemented in accordance with the 1969 Vienna Convention on the Law of Treaties. This paper attempts to determine the place of WTO law in international law.

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10

Delimatsis, Panagiotis. "The Fragmentation of International Trade Law." Journal of World Trade 45, Issue 1 (February 1, 2011): 87–116. http://dx.doi.org/10.54648/trad2011004.

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The fragmentation of general international law is not a new phenomenon. Nevertheless, it is a sign of our era and essentially results from the legal pluralism that characterizes it. Increasing adjudication also makes the study of this concept even more fascinating. The phenomenon of fragmentation manifests itself with particular tension in international trade law. Private interests and commercial transactions can be irreversibly affected by the absence of legal security or, worse, by the existence of contradictory rulings delivered by adjudicating bodies, which constantly compete for increasing jurisdiction and thus influence. This article reviews the discussion of fragmentation of international law and critically analyses the problem of absence of coherence in regulating trade. By focusing on adjudication, permissible sources of law, and interpretation, it argues for more openness towards non-trade law when interpreting trade rules.

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11

Fiebig, Andre. "International Trade and U.S. Antitrust Law." World Competition 31, Issue 1 (March 1, 2008): 146–48. http://dx.doi.org/10.54648/woco2008011.

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12

Horváthy, Balázs. "International Trade Law and Emerging Technologies." Bratislava Law Review 4, no. 2 (December 31, 2020): 9–20. http://dx.doi.org/10.46282/blr.2020.4.2.201.

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The paper aims to establish a conceptual framework for a relation between technological development and the international trade law. Uncovering the complex interaction between these two areas of the social reality is important today, when we are witnessing an intense period of technological revolution, which transforms not only the trade, but also the whole economy, and at the same time, it also creates challenges to the international trade law. The paper sheds light on the background of these processes and offers an introductory analysis with the aim of mapping the topic and the relevant literature. For this reason, the paper examines the roots of this context, and tries to respond the questions, what are the main challenges this revolution poses to international trade law, and how this area of law can rely upon its infrastructure to respond these challenges.

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13

Desai, Nishith. "International Trade Law: The Indian Perspective*." International Journal of Legal Information 36, no. 2 (2008): 351–63. http://dx.doi.org/10.1017/s0731126500003127.

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14

Cohen, Harlan Grant. "What Is International Trade Law For?" American Journal of International Law 113, no. 2 (April 2019): 326–46. http://dx.doi.org/10.1017/ajil.2019.4.

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15

Van den bergh, Caroline. "Reciprocity Clause and International Trade Law." Journal of Energy & Natural Resources Law 27, no. 2 (May 2009): 228–57. http://dx.doi.org/10.1080/02646811.2009.11435214.

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16

Florea, Dumitriţa, and Narcisa Galeş. "Franchise Contract in International Trade Law." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 12–22. http://dx.doi.org/10.18662/eljpa/9.2/178.

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The international contract is of interest to all states because of its value. It represents a way in which international exchanges can be realized, its role in international economic relations giving the parties the opportunity to use the advantages of arbitration and autonomy of will. The main legal instrument used to promote international relations is the contract. Compared to other fields, the legal relationships resulting from contracts are numerous and frequent. International trade contracts are distinguished by certain particularities, because according to their nature, they constitute a form of contracts regarding commercial activity. However, international trade contracts, compared to domestic contracts, do not remain subject to national law and differ from them by the existence of specific elements of internationality. An important moment in the existence of a contract is that of formation. All aspects related to the formation of contractual relations are influenced by the exact knowledge and correct application of the practice of concluding the contract. International trade contracts differ from commercial contracts concluded between participants in domestic trade by means of the extraneous element it contains, an element that, together with the commerciality element, delimits the international trade contract from the other contracts that are regulated by the rules of general law. From the category of contracts that are part of the field of international trade law, the franchise contract has had a rapid evolution, having the ability to adapt and introduce new services, products and techniques to the market, the extent of which has taken over time having practically no tendency to decrease nowadays, more and more merchants end up concluding such contracts. Thus, the franchise contract is both a relatively safe and cheap method of obtaining profit, as well as the most agreeable tool of globalization, attributed to the current consumer society.

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17

de Ly, Filip, and Roeland Bertrams. "Bank Guarantees in International Trade." American Journal of Comparative Law 39, no. 4 (1991): 819. http://dx.doi.org/10.2307/840743.

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18

Gagliani, Gabriele. "Cybersecurity, Technological Neutrality, and International Trade Law." Journal of International Economic Law 23, no. 3 (May 30, 2020): 723–45. http://dx.doi.org/10.1093/jiel/jgaa006.

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ABSTRACT There have already been several studies focusing on cybersecurity and international trade but the intersection between the two is multifaceted and can be approached from several viewpoints. This article focuses on cybersecurity and international trade from the specific perspective of technological neutrality. Although technological neutrality is recognized with different degrees of intensity both under World Trade Organization Covered Agreements and free trade agreements in a diverse range of fields (such as trade in services, technical barriers to trade, or intellectual property), its status in international trade law is unclear. In this uncertain context, it is argued here, technological neutrality has the potential of expanding the scope of trade obligations unpredictably. As a result, in the face of pressing cybersecurity concerns, technology-related trade measures risk to constantly violate trade obligations, making the trade-cybersecurity relationship even more complicated. The possibility to clarify the status of technological neutrality and the scope of technology-neutral provisions is chief among the solutions proposed in this article. Additionally, this article suggests for States either to be compensated when a trade-restrictive cybersecurity measure affects them, or to consider adopting a waiver in the field of technology, similar to what has been carried out in other areas.

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19

Gil‐Pareja, Salvador, Rafael Llorca‐Vivero, and Jordi Paniagua. "Trade law and trade flows." World Economy 43, no. 3 (December 18, 2019): 681–704. http://dx.doi.org/10.1111/twec.12886.

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20

Haseeb Ansari, Abdul, and Sri Wartini. "Application of precautionary principle in international trade law and international environmental law." Journal of International Trade Law and Policy 13, no. 1 (March 11, 2014): 19–43. http://dx.doi.org/10.1108/jitlp-04-2013-0006.

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Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practical implications – It will change the present paradigm and will bring both the sets of laws together. Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads for application of strong PP.

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21

Carter, Barry E. "International Trade Law: Where Congress Has, Somewhat Hesitantly, Bought into International Law." Proceedings of the ASIL Annual Meeting 92 (1998): 335–37. http://dx.doi.org/10.1017/s0272503700058146.

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22

Kim, Doo Su. "Position of EU Food Law in International Trade Law." Journal of international area studies 16, no. 2 (July 31, 2012): 37. http://dx.doi.org/10.18327/jias.2012.07.16.2.37.

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23

Hart, Michael, and Ramesh Chaitoo. "Electronic Commerce and International Trade Rules." Journal of World Intellectual Property 2, no. 6 (November 1, 2005): 911–37. http://dx.doi.org/10.1111/j.1747-1796.1999.tb00099.x.

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24

Petrova Georgieva, Virdzhiniya. "Trump’s Foreign Policy and International Trade Law." Anuario Mexicano de Derecho Internacional 1, no. 20 (April 2, 2020): 687. http://dx.doi.org/10.22201/iij.24487872e.2020.20.14494.

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Donald Trump ha orientado su política exterior hacia dos objetivos económicos principales en materia de comercio exterior. El primero consiste en luchar por un fair trade que reequilibre la relación comercial de Estados Unidos con sus socios comerciales, a través de una lógica que privilegie a los intereses estadounidenses por encima de la búsqueda de intereses comunes. En virtud del segundo objetivo se busca frenar la des-localización de actividades productivas de Estados Unidos para impulsar la creación de nuevos empleos y estimular el crecimiento de la economía interna. Estos dos objetivos de la política exterior de Trump han sacudido profundamente los pilares más fundamentales del derecho del comercio internacional: un conjunto normativo, construido después de la Segunda Guerra Mundial para dar sustento jurídico a las relaciones económicas del nuevo orden internacional liberal. En primer lugar, el neoproteccionismo de la política exterior de Trump constituye una contestación frontal del libre comercio como paradigma dominante del derecho del comercio internacional. En segundo lugar, el confirmado bilateralismo de dicha política es el exacto opuesto del multilateralismo, promovido por las normas e instituciones de la regulación jurídica del comercio internacional. Tanto el neoproteccionismo como el bilateralismo manifiestan la existencia de una crisis más profunda de la cooperación entre Estados en el orden internacional liberal de la posguerra.

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25

Fischer, Roswitha. "Semiotics of International Law. Trade and Translation." Archiv des Völkerrechts 49, no. 3 (2011): 339. http://dx.doi.org/10.1628/000389211797917529.

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26

Heiskanen, Veijo. "The Regulatory Philosophy of International Trade Law." Journal of World Trade 38, Issue 1 (February 1, 2004): 1–36. http://dx.doi.org/10.54648/trad2004001.

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27

Gerber, David J., and Mitsuo Matsushita. "International Trade and Competition Law in Japan." American Journal of Comparative Law 44, no. 1 (1996): 175. http://dx.doi.org/10.2307/840526.

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28

Trimble, Phillip R., John H. Jackson, Jean-Victor Louis, and Mitsuo Matsushita. "International Trade and the "Rule of Law"." Michigan Law Review 83, no. 4 (February 1985): 1016. http://dx.doi.org/10.2307/1288794.

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29

Cottier, Thomas. "The Changing Structure of International Trade Law." Zeitschrift für europarechtliche Studien 21, no. 4 (2018): 421–36. http://dx.doi.org/10.5771/1435-439x-2018-4-421.

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30

Martonyi, János. "Multilateralism and regionalism in international trade law." Hungarian Journal of Legal Studies 58, no. 4 (December 2017): 384–91. http://dx.doi.org/10.1556/2052.2017.58.4.2.

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31

Sapsin, Jason W., Theresa M. Thompson, Lesley Stone, and Katherine E. DeLand. "International Trade, Law, and Public Health Advocacy." Journal of Law, Medicine & Ethics 31, no. 4 (2003): 546–56. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00122.x.

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Public Health Science and practice expanded during the course of the 20th century. Initially focused on controlling infectious disease through basic public health programs regulating water, sanitation and food, by 1988 the Institute of Medicine broadly declared that “public health is what we, as a society, do collectively to. assure the conditions for people to be healthy.” Commensurate with this definition, public health practitioners and policymakers today work on ;in enormous range of issues. The 2002 policy agenda of the American Public Health Association reflects positions on genomics’ role in public health; national health and safety standards for child care programs; sodium in Americans’ diets; the health and safety of emergency rescue workers; and war in Central Asia and the Persian Gulf.

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32

Uva, Mary Deery, and Jane Bloom. "Law: Exporting Pollution: The International Waste Trade." Environment: Science and Policy for Sustainable Development 31, no. 5 (June 1989): 4–44. http://dx.doi.org/10.1080/00139157.1989.9928938.

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33

Hamilton, Stephen F., and Kyle Stiegert. "Vertical Coordination, Antitrust Law, and International Trade." Journal of Law and Economics 43, no. 1 (April 2000): 143–56. http://dx.doi.org/10.1086/467450.

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34

Gourgourinis, Anastasios. "Domestic Investment Incentives in International Trade Law." World Trade Review 22, no. 1 (January 13, 2023): 35–54. http://dx.doi.org/10.1017/s147474562200043x.

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AbstractDomestic Investment Laws (DILs), a prominent tool of contemporary unilateral International Economic Law (IEL) in the context of the Liberal International Order (LIO), consistently provide for investment incentives as a key aspect of domestic industrial policies geared to influence investment location decisions. The various types of investment incentives include fiscal measures to attract investment, direct subsidies, and other regulatory measures aimed at creating favorable administrative and regulatory conditions for investment. This article analyzes how the provisions of the World Trade Organization (WTO) Agreements contain basic disciplines and set limitations for the distortive effects of investment incentives. It is argued that the relevance of WTO law for domestic investment incentives should not be under-stated; rather, DILs providing investment incentives should be treated as a limited exception to the ongoing move from international to domestic in the era of the LIO.

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35

Petersmann, Ernst-Ulrich. "International Trade Law and International Environment LawPrevention and Settlement of International Disputes in GATT." Journal of World Trade 27, Issue 1 (February 1, 1993): 43–81. http://dx.doi.org/10.54648/trad1993003.

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36

Bergsten, Eric. "International trade procedures." Computer Law & Security Review 3, no. 6 (March 1988): 23–29. http://dx.doi.org/10.1016/0267-3649(88)90132-x.

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37

Cottier, T. "International Economic Law in Transition from Trade Liberalization to Trade Regulation." Journal of International Economic Law 17, no. 3 (August 25, 2014): 671–77. http://dx.doi.org/10.1093/jiel/jgu029.

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38

Divljak, Drago. "National treatment in international trade: National law and international standards." Zbornik radova Pravnog fakulteta, Novi Sad 48, no. 3 (2014): 139–52. http://dx.doi.org/10.5937/zrpfns48-7291.

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39

Garcia, Frank J., Lindita Ciko, Apurv Gaurav, and Kirrin Hough. "Reforming the International Investment Regime: Lessons from International Trade Law." Journal of International Economic Law 18, no. 4 (December 2015): 861–92. http://dx.doi.org/10.1093/jiel/jgv042.

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Lee, Yong-Shik. "Weaponizing International Trade in Political Disputes: Issues Under International Economic Law and Systemic Risks." Journal of World Trade 56, Issue 3 (May 1, 2022): 405–28. http://dx.doi.org/10.54648/trad2022016.

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In recent years, the world’s largest economies and traders – the United States, China, and Japan – have chosen to use measures affecting international trade as a means to achieve political objectives in contravention of the rules of international economic law and the practices of international trade established over several decades. Since the end of World War II, the world economy and international trade have rapidly expanded and prospered by achieving a degree of separation between international trade and political struggles under the rule-based international trading system, the General Agreement on Tariffs and Trade and its successor, the World Trade Organization. Thus, the recent misuses of trade measures by the world’s largest traders are alarming, because they undermine the stability of the world trading system, which has been maintained for the past several decades. This article accounts politically-motivated trade measures (‘PTMs’) recently invoked by the United States, China, and Japan, assesses their incompatibilities with the rules of international economic law, and also examines the risks that these PTMs pose to the world trading system. Weaponizing Trade, The World Trade Organization, PTM, Section 301, National Security

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Vergano, Paolo R., and Tobias Dolle. "The Trade Law Consequences of “Brexit”." European Journal of Risk Regulation 7, no. 4 (December 2016): 795–800. http://dx.doi.org/10.1017/s1867299x00010229.

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AbstractThis section highlights the interface between international trade and investment law and municipal and international risk regulation. It is meant to cover cases and other legal developments in WTO law (SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS), bilateral investment treaty arbitration and other free trade agreements such as NAFTA. Pertinent developments in international standardization bodies recognized by the SPS and TBT Agreement are also covered.

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Lewis, Meredith Kolsky. "The Origins of Plurilateralism in International Trade Law." Journal of World Investment & Trade 20, no. 5 (October 28, 2019): 633–53. http://dx.doi.org/10.1163/22119000-12340150.

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Abstract This article examines the historical experience with and understanding of plurilateral trade agreements throughout the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) to better contextualise assessments of the continued viability of the single undertaking and the recent resurgence of plurilateralism in international trade law. Plurilateral agreements have been playing a significant role in international trade relations for the past fifty years. As such, the current wave of plurilateral agreements does not represent a sea change in approach to trade liberalisation, but rather a continuation of a process that originated many decades ago. Further, while the WTO agreements are multilateral in that they apply to all members, they can also be seen as plurilateral in that not all WTO members have identical responsibilities under such agreements. The article concludes that plurilateralism and multilateralism have much in common, and hence may be mutually supportive rather than binary choices.

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43

Lando, Ole. "Unification of Patrimonial Laws Governing International Trade." European Review of Private Law 24, Issue 3/4 (June 1, 2016): 501–12. http://dx.doi.org/10.54648/erpl2016032.

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Abstract: Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule. Résumé: Faut-il unifier les droits nationaux en matière de transactions transfrontières? Une telle unification présuppose une convergence de vues relativement à ce qu’il faut entendre par ‘droit’ et à l’identification de ses sources. Les rédacteurs de lois uniformes et les autres spécialistes de droit comparé se demandent souvent s’il existe un noyau de valeurs juridiques communes à toutes les nations du monde. Si c’est le cas, l’entreprise d’unification en sera facilitée. Cela rendra aussi plus aisée l’élaboration d’une règle internationale lorsque, dans des hypothèses exceptionnelles, un tribunal a la possibilité de s’affranchir d’une règle juridique.

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44

Kaprolli, Fjolla. "INTERNATIONAL TRADE MEDIATION AS A METHOD OF DISPUTE RESOLUTION IN INTERNATIONAL LAW." Knowledge International Journal 28, no. 6 (December 10, 2018): 2019–25. http://dx.doi.org/10.35120/kij28062019f.

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In today's conditions, where economies have open doors all over the world and which conditions operate in the global marketplace, a very important and significant place takes the international trade and the discipline that deals with the study of norms that regulate the way of acting in the international trade for the exchange of goods and services is the International Trade Law. As a result of the liberalization of the world market and as a result of the large number of international trade exchanges of goods and services, the progress and development of enterprises in the national economy, along with the development and advancement of the national economies of the states, proportionally are increasing the importance of this legal discipline. With the exchange of goods and services between subjects in a commercial relationship whether it is a national or international trade exchange and without taking into account the purpose which is to be achieved in that particular commercial relationship, whether it is the sale or purchase of services or goods, are intended to increase their capital. But these cases do not always end with the signing of the legal act and in doing so, with the exchange of goods or services which are the object of that legal act. In these cases, the risk for the appearance of any kind of disputes between the parties is really great. It is not accidental the attempt to escape international trade disputes, which is of common interest to the participants in such trade relations, so that there is as few as possible controversies and disputes between them. But in cases where the interests of buyers and sellers are contradictory, it is pointless to have no disputes at all, so since a dispute cannot be avoided in any way, the same should be resolved. Since judicial procedures in national legislation have a bad background regarding to the inefficiency of case solutions and their unnecessary extensions, theorists and practitioners in recent years have developed several alternative methods for more peaceful and faster solutions to disputes in general and international trade disputes in particular such as arbitration and mediation as two methods that are most important and most often used in practice. The object of this scientific paper firstly will be the elaboration of international trade disputes and then the resolution of disputes that arise in that field by alternative methods of dispute resolution with particular emphasis on the mediation. The implementation of mediation in the resolution of international trade disputes is of special importance for international trade law, it is voluntary and as such during dispute resolution, time is the first aspect and then comes money as the second aspect that are also saved during resolution of disputes through mediation, because mediation provides solution of disputes with small amount of expenses or sometimes it can be said that that amount of expenses look symbolic compared to court expenses.

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45

Einhorn, Talia. "Reconciling Israeli Antidumping Law With WTO/GATT International Trade Law Rules." Israel Law Review 32, no. 1 (1998): 81–138. http://dx.doi.org/10.1017/s0021223700015600.

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Dumping is defined, basically, as the sale of goods to an export market at a price below that charged for comparable goods in the exporter's home market. The General Agreement on Tariffs and Trade (GATT) does not forbid such action, not even when injurious to the competing domestic industry. However, it has taken the view that dumping constitutes an unfair trade practice. Under GATT, Article VI Contracting Parties (or Members, as they are now termed in the GATT 1994 Agreements) are authorized, as an exception to other GATT obligations, to unilaterally impose antidumping (hereinafter: AD) duties to counteract the effects of dumping. The duties should create a level playing field in which producers all over the world will be able to compete fairly with each other. The principles sound simple and straightforward, yet their application is one of the most contentious topics in international trade law.The economic coherence of AD rules is controversial. In international trade, price discrimination between national markets is typically made possible when the exporter has a powerful position in the home market and re-exportation to that market is not feasible. In the domestic arena price discrimination is countered by the laws of competition and antitrust. International trade law offers states a very different remedy, that first and foremost protects the competing local industry, regardless of the procompetitive or anticompetitive effects of dumping on the market as a whole.

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46

Giladi, Rotem M. "The Practice and Case Law of Israel in Matters Related to International Law." Israel Law Review 30, no. 3-4 (1996): 373–90. http://dx.doi.org/10.1017/s002122370001517x.

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On July 31, 1996, Israel and Canada signed a Free Trade Agreement in Toronto. This Agreement, which is the culmination of two years of negotiations, will — upon its forthcoming entry into force — set the framework for future trade between Israel and Canada. This is a significant step for Israel's trade: Canada's population, as of 1995, was 28.9 million; it is the seventh largest world market: in 1994, its export was $164.3 billion F.O.B. and its import was $151.5 billion C.I.F. The Canadian trade relies heavily on the United States, and a Free Trade Agreement is in force between the two since 1989.Israel import from Canada totaled $216 million in 1995, most of which included sales of machinery and parts, aluminum, paper and paperboard, electrical equipment and parts, pulp of wood, cereals, sulphur and asbestos, optical measuring and checking equipment, wood and man-made staple fibers. That year, Israel export to Canada was $240.8 million, consisting mainly of diamonds, mechanical and electrical machinery and equipment. Like Canada, Israel has a free trade agreement with the United States. Since 1975, Israel has also had a free trade agreement with the European Community, which is, as of January 1,1996, replaced by the recently signed Association Agreement with the European Communities.

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47

Harpaz, Guy. "Labelling Settlement Products: When EU Consumer Law Meets Public International Law (But Ignores International Trade Law)." Journal of World Trade 55, Issue 2 (April 1, 2021): 359–82. http://dx.doi.org/10.54648/trad2021014.

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How should products produced in occupied territories be labelled for export? In recent years, Courts in the UK and Canada addressed this technical yet politically-charged question, in the context of the Israeli-Palestinian conflict. More recently, the Court of Justice of the EU was asked to determine the mandatory requirements under EU consumer law of indication of origin of products produced in settlements situated in territories occupied by the State of Israel, namely the Golan Heights, theWest Bank and East Jerusalem. In Organisation juive européenne the Court of Justice established that although EU consumer law refers to the need to supply information regarding the country of origin or the place of provenance, those provisions should be interpreted as requiring that foodstuffs originating in an occupied territory must bear not only the indication of that territory but also the indication of that provenance (i.e. indication that it comes from an ‘Israeli settlement’). In imposing broad labelling requirements, the Court heavily relied on both the notion of ‘ethical considerations’ under EU consumer law and on international law, boldly addressing some of the contentious legal and political issues at stake. In adopting this approach, the Court contributed to the harmonious reading of EU consumer law and public international law. Yet its heavy reliance on public international law should be contrasted with its failure to rely on international trade law, a neglect that contributed to selective and discriminatory treatment of Israeli settlement products. Moreover, in imposing broad labelling requirements, the Court shifted its focus from the EU and its Member States to the ultimate EU consumers, thereby advancing the private enforcement of international law in lieu of public enforcement. settlement products; interface between public international law and international trade law, EU-Israel relations

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48

Zamora, Stephen, Ernst-Ulrich Petersmann, and Gunther Jaenicke. "Adjudication of International Trade Disputes in International and National Economic Law." American Journal of Comparative Law 40, no. 3 (1992): 755. http://dx.doi.org/10.2307/840599.

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49

Holtom, Paul. "The International Arms Trade." Global Policy 2, no. 2 (May 2011): 237–38. http://dx.doi.org/10.1111/j.1758-5899.2011.00084_2.x.

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50

Shojaei, Abdorreza. "Validity of Open Contract in International Trade Law." Journal of Politics and Law 10, no. 2 (February 28, 2017): 241. http://dx.doi.org/10.5539/jpl.v10n2p241.

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Open contracts are agreement whereby parties of the contract can insert terms and conditions in the contract, delete them, or revise them. Some contracts for the supply of goods or construction are examples of such contracts. One party (usually a contractor or seller) can have many initiatives by increasing and decreasing the price or by changing elements of the contract. Certainly, there are many reasons, motives, and important goals in creating this type of conventions and its acceptance by the legal community. Discovery of these reasons and the goals leads to fundamental changes and definition of this type of contract could be a major driver of reform in Iranian contract laws, as Iranian community prefers to use example or pre-specified forms of contracts. Therefore, referring to the Principles of European Contract Law and implementation of the legal provisions, legal doctrines, and jurisprudence, presentation of new concepts such as open contract as well as analysis of its nature, validity, and effects leads to establishment of grounds for accepting new contractual frameworks and its localization of contractual rights in Iran because it has been rejected due to traditional perspectives. It may result in legislation to pave the way for solving many legal problems in specialized issues such as oil contracts. In this regard, in addition to genealogy of open contract, this article aims to examine its types and its effects legally in the laws of countries like Iran and European countries.

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