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Author: Germano Franceschin
Publisher: Kluwer Law International B.V.
ISBN: 9041128360
Size: 48.54 MB
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India, a Union of 28 States and 7 territories, with a population of over a billion people and multiple cultures and languages, is a democratic republic often called, quite rightly, 'the largest democracy in the world'. Because the well-established English legal system endured after independence in 1947, India categorically remains a common law jurisdiction, and its legal practice and procedure is conducted almost exclusively in English. Nonetheless, Indian law is sufficiently complex in ways that are distinct from other European-based systems that a book such as this - in which the business legal system of India is thoroughly reviewed - will be really welcomed by both practitioners and academics. This book examines the full spectrum of India's legal system as it applies to commercial, customs, and tax matters, and covers among much else such elements as the following: division of executive and legislative powers between the Union and the individual States; role of the Supreme Court and State high courts; role of State legislative assemblies; levels of appeals in judiciary system; power of specialised State tribunals in, for example, tax, company law, bankruptcy; power of the State to appropriate property; constitutional protection of culture and environment; use and citation of foreign judgments and jurisprudence; contract law; trusts; industrial relations; minimum wage law; income tax rules and procedure; bilateral double taxation agreements; copyright and trademark protection; semiconductor integrated circuits layout design; protection of plant varieties and farmers' rights; competition law; multi-State cooperation agreements; and regulation of financial services. An extensive appendix supplies texts of the Constitution of India, the Indian Penal Code and 23 Legislative Acts pertaining to commercial, customs and tax matters. There is a sample franchise agreement, and an informative summary of current and projected foreign trade policy through 2014. Both as a guide to business lawyers working with Indian partners and as a comparative law treatment of the world's second most populous country (and a rapidly growing economic powerhouse), this book has no peers.

Harmonization Equivalence And Mutual Recognition Of Standards In Wto Law

Author: Humberto Zúñiga Schroder
Publisher: Kluwer Law International B.V.
ISBN: 9041136576
Size: 35.19 MB
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Standards are a feature of virtually all areas of trade in products and services. Yet, although standards may achieve an efficient economic exchange, they have discriminatory consequences for trading partners when governments formulate or apply them in such a way as to cause obstacles to trade, thus enrolling standards among the increasingly significant 'non-tariff barriers' regulated by the WTO. This unique and original study analyses the functions that standards fulfil in the market, their effect on trade, and the legal regime based on harmonization, equivalence and mutual recognition developed by the WTO to deal with standards. The author investigates the way in which both the WTO Technical Barriers to Trade (TBT) and the Sanitary and Phytosanitary (SPS) Measures Agreements regulate these three tools, and discusses key topics including: The definition of the concept 'International Standard' in the TBT Agreement. Guidelines on equivalence issued by organizations such as the Codex Alimentarius Commission, the World Organization for Animal Health and the International Plant Protection Convention. Parallels between the EC mutual recognition regime and the WTO system. This is the first work on its subject. With its detailed and practical analysis of WTO law on standards, the book is a fundamental reference for practitioners, academics and policy makers in international trade law.

World Trade Organization Agreement On Anti Dumping

Author: K. D. Raju
Publisher: Kluwer Law International B.V.
ISBN: 9041127801
Size: 44.82 MB
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The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.

Eu Customs Law

Author: Timothy Lyons
Publisher: Oxford University Press
ISBN: 0191086738
Size: 73.29 MB
Format: PDF, Kindle
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The third edition of EU Customs Law provides a fully updated treatment of legislation, new treaties and cases in the two courts of the EU especially but also in Member States. This volume also includes commentary on the Modernized Community Customs Code and Implementing Regulation and increased coverage of areas such as the wider role of customs authorities apart from the collection of customs duty, such as security of goods and post 9/11 developments generally, the history of customs unions and their implications for governments, non-EU customs unions to which EU law is relevant, and the inter-relation between customs duty and direct tax.

Canada S Laws On Import And Export

Author: Mohan A. Prabhu
ISBN: 9781552213612
Size: 18.13 MB
Format: PDF
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This book provides a comprehensive overview of legislation dealing with customs, customs tariffs, free trade agreements, anti-dumping measures, prohibited subsidies, Kimberley Process, cultural property, and other statutes regulating Canada's international trade. Important illustrative decisions of the Canadian International Trade Tribunal and of the courts, as well as decisions of the NAFTA and WTO panels, are discussed to aid understanding of the interpretation by these bodies of statutory provisions. The book will be of special interest to importers, foreign exporters, customs brokers, trade law practitioners, and those engaged in international trade and commerce, as well as to Canada's current and potential free trade partner countries. The author's previous works in this field include eleven editions of the Annotated Customs Act(Carswell, 1991-2012), and three editions of Customs and Excise Laws of Canada(Carswell, 1983-2004) in 8 CED (Ontario).

Export Control Law And Regulations Handbook

Author: Aubin
ISBN: 9789041154439
Size: 72.99 MB
Format: PDF
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Global Trade Law Series Volume 33 Export Control Law and Regulations Handbook provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions in addition to chapters on the international regime in general. The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this pre-eminent Handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. This third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. What''s in this book: Issues and topics covered include the following and much more: import/export legal and regulatory requirements for controlled goods and services; sanctions for breach of such requirements (civil, administrative, or criminal); licence application processes; arms, dual-use and other products embargo (including chemical and biological materials and technology); and enforcement measures. The structure of the Handbook is identical for all country chapters allowing the readers to quickly find the same information always in the same place regardless of which country chapter they are consulting. In addition, with the Handbook, a variety of practical documents (such as standard licences, permits, authorization, letters, processes) are made available to the readers online. How this will help you: The Handbook remains one of the best-selling works in the trade law portfolio. It provides in-depth, and easy to access information about the main questions that exporters or importers of controlled dual or military goods, technology, or services are confronted with on a day-to-day basis. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance, and customs practitioners) working in relation to an organization with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies, or services. The Handbook offers readers access to both substantial and practical information about a very complex and fast moving area of the law as well as an international network of practitioners and professionals that the editors have gathered. Editors: Yann Aubin Arnaud Idiart Features: The Export Control Laws and Regulations Handbook provides an in-depth review of the export control legal and regulatory requirements for the movement of dual use and military goods, technology and services in the 14 countries (or groups of countries (European Union)) having sophisticated trade control regimes around the world. In addition to looking at the movement of dual use and military goods, technology and services, the Handbook is specifically covering, in separate chapters, embargos and sanctions as well as the international regime (multilateral and bilateral agreements or treaties, etc.) for controlled goods, technology or services. The Handbook was made by recognised practitioners for other practitioners in need to know more about the export control regimes covered. Benefits: When buying the Handbook, the readers can access both substantial and practical information about a very complex and fast moving area of the law as well as an international network of practitioners and professionals that the Editors have gathered.