International Trade Law
Outline
Following an introductory overview of the principles and structure of international trade law, this entry concentrates on the substantive obligations in the agreements that form part of the World Trade Organization Agreement, including tariff and customs?related matters, subsidies, antidumping and countervailing duties, safeguards, textiles and clothing, agriculture, traderelated investment measures, government procurement, trade in services, and trade?related intellectual property rights. The entry examines how conflicts in the interpretation and implementation of these agreements are resolved through discussion, negotiation, and dispute resolution mechanisms built into the agreements. The entry also includes a brief overview of the substantive obligations in other multilateral as well as plurilateral and bilateral agreements.
International Trade Law and the Laws of International Trade
A system that governs the cross-border sale of goods and services.
Trade and investment are powerful engines that drive economic growth and reduce poverty. The experience of past decades has confirmed that these benefits can be realized when countries open themselves up to investment and trade with the rest of the world. Transitioning economies, however, face the multi-faceted challenge of removing or reducing trade restraints and improving the legal and institutional environment for trade.
On the one hand, reform involves accession to and compliance with international or regional trade agreements that reduce tariffs, address other trade barriers, and consolidate markets. Legal and institutional support for trade capacity building in areas such as World Trade Organization (WTO) awareness, accession, and compliance, and the strengthening of a country’s ability to participate in trade negotiations, implement trade agreements, and respond to opportunities for trade, is critical to countries’ abilities to reap the benefits of international trade.
On the other hand, international trade reform also involves many aspects of domestic law reform and institutional capacity building that directly or indirectly affect a country’s ability to compete in the global marketplace. Trade capacity-building assistance must address the details of establishing and enforcing trading relationships. A sound domestic legal environment should facilitate: 1) the making of an agreement for either the sale of goods or the sale of services, 2) the obligations of performance, including delivery and transportation, 3) the mechanisms and guarantees of payment, and 4) the allocation of risk, including insurance.
The domestic legal and regulatory environment must also enable parties to enforce their international contracts. The weakness of domestic court systems in developing countries generally precludes their involvement in rendering judgments on disputes. Instead, international trading partners often designate specific forums for conflict resolution. Execution of a foreign court decision or an arbitration reward depends on the effectiveness of local courts. When the local courts of a country are not able to enforce such judgments against local defendants, international traders are less likely to engage in trade with that country.
The scope and number of laws that are implicated by International Trade law and policy are vast. A few principle examples include:
Trade in Goods
Convention for the International Sales of Goods
Laws pertaining to Exports and the Prevention of unfair competition
Agriculture
Information technology products
Market access for goods
Sanitary and phytosanitary measures
Rules of Origin
Intellectual Property
Trade in Services
The International Trade Center (ITC) Agency
In the United States
For information about International Trade Law in the context of international trade, click here
International Trade
Customs and International Trade Law
Customs Trade Law
International Trade Law
Contents of International Trade Law
Contents of this subject matter include:
- Introduction: the basis of world trade – an examination of comparative advantage and asking the question: “why trade at all?” the ‘Buy Australia’ Campaign, the relationship between employment and trade in Australia, the de-regularization of the Dairy Industry, trade theories and comparative advantage
- An Introduction to the World Trade organization – GATT and the WTO, trade barriers, developing countries, WTO commitments, Harmonized Commodities, national Customs Tariffs, Rules of Origin
Articles
1
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 2, 2011
LAW JOURNAL / LAW REVIEW
2
Understanding EU Practice in Bilateral Free-trade Agreements: Brita and Preferential Rules of Origin in International Law
Laura Puccio
European Law Review
Volume 36, Number 1, February 2011 p.124
LAW JOURNAL / LAW REVIEW
3
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 1, 2011
LAW JOURNAL / LAW REVIEW
4
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 6, 2010
LAW JOURNAL / LAW REVIEW
5
Law, Language and International Trade Regulation in the WTO
Fiona Smith
Current Legal Problems
Volume 63, 2011 p.448-474
LAW JOURNAL / LAW REVIEW
6
Princo v. International Trade Commission: Antitrust Law and the Patent Misuse Doctrine Part Company
Geoffrey D. Oliver
Antitrust
Volume 25, Number 2, Spring 2011 p.62
LAW JOURNAL / LAW REVIEW
7
Gujarat National Law University hosts an international conference on Trade and Competition
India Law Journal
Volume 4, Issue 1, January-March 2011
LAW JOURNAL / LAW REVIEW
8
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 5, 2010
LAW JOURNAL / LAW REVIEW
9
Rafael Leal-Arcas, International Trade and Investment Law: Multilateral, Regional and Bilateral Governance
Review by: Shu Ying Wee
International Trade and Business Law Review
Volume 14, 2011 p.555
LAW JOURNAL / LAW REVIEW
10
HOME GROWN LAWS IN A GLOBAL NEIGHBOURHOOD: AUSTRALIA, THE UNITED STATES AND THE REST
Chief Justice Robert French
Australian Law Journal
Volume 85, Number 3, March 2011 p.147
LAW JOURNAL / LAW REVIEW
The differences between legal systems sometimes generate controversy about the use of comparative legal materials. That controversy however, should be viewed in the larger context of the interactions between laws past and present, the subsistence of different legal traditions within the same country , the existence of shared legal histories between different countries, the existence of national laws dealing with subject matter that has become international because of global trade and commerce, and the migration of legal and constitutional ideas from one country to another. This lecture, delivered at the Alabama School of Law, reviews the varieties of trans-national legal interactions and suggests that the problem presented by the use of comparative materials is one of practical judgment rather than fundamental principle.
11
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 4, 2010
LAW JOURNAL / LAW REVIEW
12
The Fragmentation of International trade law
Panagiotis Delimatsis
Journal of World Trade
Volume 45, Number 1, February 2011 p.87
LAW JOURNAL / LAW REVIEW
13
Drug Trafficking, Money Laundering and International Trade Restrictions after the WTO Panel Report in Colombia — Ports of Entry: How to Align WTO Law with International Law
Alberto Alvarez-Jiménez
Journal of World Trade
Volume 45, Number 1, February 2011 p.117
LAW JOURNAL / LAW REVIEW
14
Introduction
Law and Development Review
Volume 4, Number 2, 2011
LAW JOURNAL / LAW REVIEW
The 2011 LDR Special Issue is devoted to the Law and Development Institute Inaugural Conference entitled, “Future of Law and Development, International Trade and Economic Development”, which was held in Sydney, Australia, on the 16th of October, 2010.
15
International Trade and Development Law: A Legal Cultural Critique
Colin Picker
Law and Development Review
Volume 4, Number 2, 2011
LAW JOURNAL / LAW REVIEW
Conclusion
International Trade Law
Related Work and Conclusions
Resources
See Also
References (Papers)
- The Safe Harbor Solution: Is It An Effective Mechanism For International Data Transfers Between The United States And The European Union, Alexander Zinser, Sep 2017
- Impact Of Published Articles On Trade Liberalization From 1980-2015: A Bibliometric Study, Murtala Muhammad, Nader Ale Ebrahim, Gold Kafilah Lola, Abubakar Ahmed, Sep 2017
- E-Commerce All At Sea: China Welcomes Digital Bills Of Lading Under The Electronic Signature Law 2005, Felix W.H. Chan, Sep 2017
- The Threads Of Justice: Economic Liberalization And The Secondhand Clothing Trade Between The U.S. And Haiti, Kelsey Gasseling, Sep 2017
- The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar, Aug 2017
- Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall, Aug 2017
- Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson, Aug 2017
- Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson, Aug 2017
- Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin, Aug 2017
- You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch, Aug 2017
- About Sdlp, Aug 2017
- The Culture Of Gender/The Gender Of Culture: Cuban Women, Culture, And Change—The Island And The Diaspora, Berta Esperanza Hernández-Truyol, Aug 2017
- Cuba, Puerto Rico, The Civil Code, And The Problem Of Transculturation, Pedro A. Malavet, Aug 2017
- The Resolution Of Conflicts Of Law – A View From Private International Law In Cuba., Taydit Peña Lorenzo, Aug 2017
- Us-Cuba Trade And The Challenge Of Diversifying A Sugar Economy, 1902-1962, Carmen Diana Deere, Aug 2017
- Safeguards In The Cuban Legal System For The Promotion And Protection Of Foreign Investment, Marta Moreno Cruz, Aug 2017
- Instruments Of Environmental Governance: A Guarantee Of Sustainability In Cuba, Dagniselys Toledano Cordero, Aug 2017
- General Overview Of Cuban Family Law Legislation, Ana María Álvarez-Tabío Albo, Aug 2017
- Environmental Legislation And Institutional Framework In Cuba, Daimar Cánovas González, Aug 2017
- A Compromise – Adding A Knowledge Requirement To Rule 13b2-2 Of The Securities Exchange Act Of 1934, Danielle K. Shaffer, Aug 2017
- U.S. Farm Policy And The Wto: How Do They Match Up?, Chad E. Hart, Bruce A. Babcock, Jul 2017
- Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A. Grigers Naón, Jun 2017
- Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A. Grigers Naón, Jun 2017
Resources
References and Further Reading
- Jackson, John H., The World Trading System: Law and Policy of International Economic Relations (Cambridge: MIT Press, 1989).
- Schott, Jeffrey J., The Uruguay Round: An Assessment (Washington: Institute for International Eonomics, 1995).
- Trebilcock, Michael J. and Robert Howse, The Regulation of International Trade (New York: Routledge, 1995).
- UNCTAD, The Outcome of the Uruguay Round. An Initial Assessment (Geneva: UNCTAD, 1994).
See Also
Further Reading
- Information about International Trade Law in the Encyclopedia of World Trade: from Ancient Times to the Present (Cynthia Clark Northrup)
About the Author/s and Reviewer/s
Author: international
Mentioned in these Entries
Animal law, Arbitral Institutions, Arbitration Organizations worldwide, Commercial arbitral legislation worldwide, Convention on Biological Diversity in this Encyclopedia, General Agreement on Tariffs and Trade resources, International Law Encyclopedia 10, International Security, International Trade Law Resources, International Trade and Commercial Relations resources, International economic law sources, International human rights law, International law index, International law popular books, International law sources, International law topics, International legal sources of information, Law Journals Abbreviations and Acronyms, Law Journals ranking worldwide, Law Study, Legal subjects, List of Commercial and International Trade Law e-Journals, List of Electronic commerce legal resources in internet, List of European and UK Online Journals, List of International Business Law Selected Cases, by Subject, List of International Law Online Journals, List of Labor and Employment Law Online Journals, List of business law topics, List of international law publications in english, List of international public law topics, List of international trade topics, Outline of Crossborder business transactions contracts, Outline of Legal framework for international business transactions, Rotterdam Rules,
Hierarchical Display of International trade law
Law > International law > International economic law
Trade > Trade policy > Commercial law
Trade > International trade > International trade
International trade law
Concept of International trade law
See the dictionary definition of International trade law.
Characteristics of International trade law
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Resources
Translation of International trade law
- Spanish: Derecho comercial internacional
- French: Droit commercial international
- German: Internationales Handelsrecht
- Italian: Diritto commerciale internazionale
- Portuguese: Direito comercial internacional
- Polish: Międzynarodowe prawo handlowe
Thesaurus of International trade law
Law > International law > International economic law > International trade law
Trade > Trade policy > Commercial law > International trade law
Trade > International trade > International trade > International trade law
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