Retaliate

Retaliation is associated with all forms of social and political organization, and retaliatory logics inform many different conflict resolution procedures from consensual settlement to compensation to violent escalations. This book derives a concept of retaliation from the overall notion of reciprocity, defining retaliation as the human disposition to strive for a reactive balancing of conflicts and injustices. On Retaliation presents a synthesized approach to both the violence-generating and violence-avoiding potentials of retaliation. Contributors to this volume touch upon the interaction between retaliation and violence, the state’s monopoly on legitimate punishment and the factors of socio-political frameworks, religious interpretations and economic processes.

A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.

The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.

Are Temporary Trade Barriers (TTBs) introduced for strategic reasons? To answer this question, we construct a novel sectoral measure of retaliation using daily bilateral data on TTB responses in 1220 subsectors across a panel of 25 advanced and emerging market economies over 1989-2019. Stylized facts and econometric analysis suggest that within-year responses are more important in terms of intensity and frequency than commonly understood from the existing literature, which has tended to ignore them. We find that retaliation often consists of responses across many sectors and that same-sector retaliation is far from being the norm. In addition, we find that larger countries tend to retaliate more, and that retaliation is larger during periods of higher unemployment and when the trading partner targeted a domestic comparative advantage sector.

"The authors analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. They show that monetary fines are more efficient than tariffs in terms of granting compensation to injured parties when there are violations in equilibrium. However, fines suffer from an enforcement problem since they must be paid by the violating country. If fines must ultimately be supported by the threat of retaliatory tariffs, they fail to yield a more cooperative outcome than the current system. The authors also consider the use of bonds as a means of settling disputes. If bonds can be posted with a third party, they do not have to be supported by retaliatory tariffs and can improve the negotiating position of countries that are too small to threaten tariff retaliation. "--World Bank web site.

Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyze new developments and trends in U.S. labor law and practice. This volume reproduces the texts (updated and reworked by the authors) presented at the 2007 Conference, the 60th in this venerable and highly influential series, at which the theme was and“Retaliation and Whistleblowersand” . There could not be a more timely exploration of this complex workplace issue. The United States Supreme Court, in several pending cases and in the recent landmark cases of Burlington Northern v. White and Garcetti v. Ceballos, has turned its full attention to workplace retaliation claims. States and municipalities also continue to struggle in laying out the scope of permissible claims under state constitutional and statutory whistleblower provisions and under the common law of wrongful discharge. Among the new and significant issues considered in this volume are the following: new limits on the scope of the cause of action in the wake of Burlington Northern; implied protection of employee activity under ADEA and the FLSA; the scope of and“protected activityand” under and§ 806 of the Sarbanes-Oxley Act; issues of privilege when investigation counsel are used to inform corporate decision-making; state whistleblower laws and the expansion or preemption of common law protections under the common law tort of wrongful discharge; NLRA protection of collective protests by non-union workers; and potential expansion of the formal definition of and“jobsand” under Garcetti v. Ceballos to foreclose the first amendment avenue. Besides papers by panelists at the Conference, ten other leading practitioners and academics also provide commentary in this volume. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics and others interested in developments in U.S. employment and labor relations law and practice.

During the Civil War, Union and Confederate politicians, military commanders, everyday soldiers, and civilians claimed their approach to the conflict was civilized, in keeping with centuries of military tradition meant to restrain violence and preserve national honor. One hallmark of civilized warfare was a highly ritualized approach to retaliation. This ritual provided a forum to accuse the enemy of excessive behavior, to negotiate redress according to the laws of war, and to appeal to the judgment of other civilized nations. As the war progressed, Northerners and Southerners feared they were losing their essential identity as civilized, and the attention to retaliation grew more intense. When Black soldiers joined the Union army in campaigns in South Carolina, Georgia, and Florida, raiding plantations and liberating enslaved people, Confederates argued the war had become a servile insurrection. And when Confederates massacred Black troops after battle, killed white Union foragers after capture, and used prisoners of war as human shields, Federals thought their enemy raised the black flag and embraced savagery. Blending military and cultural history, Lorien Foote's rich and insightful book sheds light on how Americans fought over what it meant to be civilized and who should be extended the protections of a civilized world.