“Circumvention” is a growing challenge to the effectiveness of international law as the incentive to circumvent laws grows as the “legalization” of international society continues. This analysis on the anti-circumvention provisions within the wto Agreement reveals a lack of clarity and coherence in the existing disciplines. Ongoing negotiations to modify trade rules also do not fully address these concerns. Therefore, this article proposes that there is a need for a comprehensive approach consisting of amendment, coherent interpretation, use of general principles, and functional reallocation for the wto Agreement to address circumvention more effectively. In particular, to establish an efficient legal framework for economic integration in East Asia, this article notes that the priority in improving and clarifying anti-circumvention disciplines is to strike multi-dimensional balances between legitimate interests, including those between sovereign liberty and the effectiveness of international agreements, and those between the predictability of obligations and the effectiveness thereof.
Korean Journal of International and Comparative Law – Brill
Published: Nov 18, 2014
Keywords: anti-circumvention; wto ; economic integration in East Asia; anti-dumping; agricultural export subsidies; state trading enterprises ( ste s); Doha Round negotiations; tax evasion
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera