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Título: Competition law and international trade from the GATT to the WTO : the undeniable reality of an emergent jurisprudence
Autores: Malek-Bakouche, Farah.
Fecha: 2005
Publicador: McGill University - MCGILL
Fuente:
Tipo: Electronic Thesis or Dissertation
Tema: Competition, Unfair.
Antitrust law (International law)
World Trade Organization.
Descripción: Liberalising trade is not limited to diminishing trade barriers or decreasing tariffs rates, but also ensuring that these efforts are maintained: this is the role of competition rules.
It is common knowledge that for decades Countries have been trying to agree on international harmonised competition rules. Aware of this interaction between trade and competition policies, they knew efforts had to be undertaken to make them co-exist. Unfortunately the dream never came true. And parties only inherited rules of competition hardly recognised, or implicitly applied within the International Trade Law Framework. Even if some implicit rules of competition have been 'injected' in some of the General Agreement on Tariffs and Trade provisions in the early 1950's, it is only the new 1994 World Trade Organisation Agreements that have consecrated this orientation, drafted so to discipline the Parties as for competition-related behaviour; even if by definition WTO Agreements were not competition agreements.
Far from the debate of their potential harmonisation, the thesis identifies these rules, analyses their evolution within time and their very application through the study of WTO cases. It will establish that the emergence of a competition jurisprudence is an undeniable reality.
Idioma: en