Public international law: economic and trade Books

Book SynopsisThis up-to-date and revised third edition offers a clear and comprehensive overview of the main principles, institutions and procedures related to foreign direct investment and the resolution of disputes. Suitable for both upper-level undergraduate and postgraduate courses on international investment protection, the book is firmly grounded within the wider public international law context. Key Features of the third edition: Incorporates extracts from and analysis of key recent decisions, including David Aven et al v. Costa Rica, Greentech Energy Systems et al v. Italy and Venezuela v. OI European Group Coverage is brought up to date with new discussion of revised investment treaty texts and new court system proposals Balanced and neutral engagement with both normative standards and critiques of the system encourages students to draw their own conclusions Provides concise descriptions of the legal principles followed by extracts from both classic and contemporary cases to enhance understanding of core concepts Contains detailed discussion notes and all new 'Questions to an Expert' to enable further classroom discussion and facilitate critical reflection on complex topics. The concise nature of the book and accessible writing style make this an ideal text for non-specialists and for single semester courses on international investment protection.Trade Review'In this new edition, Dr. Schefer has pulled off the seemingly impossible: an up-to-date, accessible yet scholarly introduction to international investment law that students and practitioners alike will find useful and informative. My students particularly appreciate the way she organizes the sometimes chaotic world of arbitral decisions into coherent, if competing, lines of doctrine and policy. As a researcher, this volume is my starting point when investigating a new aspect of investment law. She asks all the right questions and lays a solid foundation for future work. A tour de force.' --Frank J. Garcia, Boston College Law School, US'This new edition of Krista Nadakavukaren Schefer's International Investment Law provides a wealth of information for the newcomer to the field. It is refreshingly illustrated not only by case excerpts and other materials, but also by short interviews with new voices in international investment law. Overall, it provides a balanced view on one of the most controversial subfields of international economic law.' --August Reinisch, University of Vienna, AustriaTable of ContentsContents: Preface 1. Introduction to the study of international investment law 2. Sources of international investment law 3. Definitions 4. Expropriation 5. Standards of host state behaviour 6. Dispute settlement 7. Investment guarantees: political risk insurance Index

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Book SynopsisThe North American Free Trade Agreement (NAFTA) and the Agreement on Internal Trade (AIT) were designed to strengthen investor's rights at the expense of community rights and environmental protection. Both deals have achieved their aims. This title provides an examination of NAFTA and AIT cases involving MMT.Trade ReviewTrade Barriers to the Public Good brings a rigorous and refreshing moral perspective to bear on the policy implications of trade treaty provisions. Scott Sinclair, Canadian Centre for Policy Alternatives

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Book SynopsisThe post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.Table of Contents1. Introduction; 2. Cooperation narratives and theoretical divergences; 3. Developing countries' love-hate relationship with neoliberalism; 4. Seeking a new balance of rights and obligations in international investment law; 5. Emerging economies, developmental strategies, and trade standards: the search for alternative space; 6. Emerging economies and the future of the global trade and investment regime.

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Book SynopsisTechnical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort andenablenew market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses onkey areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.Trade Review'Judging by its impressive bibliography of almost thirty pages, this book, with its illuminating commentary, is obviously the result of careful and extensive research and therefore a valuable investigative tool for practitioners, judges and academics keen to enhance their understanding of this particularly fascinating and fast developing area of law.' Elizabeth Robson and Phillip Taylor, The Barrister'This book is useful for researchers, practitioners, post-graduate students, lawyers, judges, policy makers, and most importantly to all those who are involved in communication standardization activities in any capacity.' Mubashir Husain Rehmani, IEEE Communications MagazineTable of ContentsIntroduction Jorge L. Contreras; Part I. Standardization and the State: 1. International trade law and technical standardization Panagiotis Delimatsis; 2. Government use of standards in the US and abroad Emily S. Bremer; Part II. Standardization, Health, Safety and Liability: 3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton; 4. Tort liability for standards development in the United States and European Union Paul Verbruggen; Part III. Copyright and Standards: 5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto; 6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner; 7. Public law, European constitutionalism and copyright in standards Björn Lundqvist; 8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki; Part IV. Standards and Software: 9. Open standards Jay P. Kesan; 10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec; 11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos; Part V. Trademarks, Certification and Standards: 12. Trademarks, certification marks and technical standards Jorge L. Contreras; 13. The unregulated certification mark(et) Jeanne C. Fromer; 14. The certification paradox Jonathan M. Barnett.

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Book SynopsisThis Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.Trade Review'This Handbook is a collaborative effort by the authors to identify, through engagement with various stakeholders, the best practices in treaty-making. It is a comprehensive guide providing expertise on each stage of a treaty's lifespan including, reservation, ratification, amendments, etc. It condenses highly technical information into an accessible framework, making it an indispensable resource, not only for treaty experts, diplomats and administrators, but also lawyers, academics and students delving into the intricacies of treaty practice.' Gabrielle Marceau, Université de Genève and the World Trade Organization Senior Counsellor'This Handbook will be of great practical importance. It does not just assemble rules, practices and clauses in order to illustrate the life of international treaties. It delivers much more: it is a Manual on good treaty practice, designed to educate those in the front line of treaty work on how to handle everything they might come across in their job not only in a correct, but in an optimal way. The scope and depth of the Handbook are truly impressive without being intimidating; the language is clear and the many examples are well-chosen. The work lives up to the – Plato – standard it itself sets for treaty practice: professional, legal, assured, transparent, organised.' Bruno Simma, Former Member of the International Law Commission and of the International Court of Justice, Judge at the Iran-United States Claims Tribunal (The Hague)'This remarkable book provides a unique and insightful account of all aspects of treaty practice and as such will not only be essential reading for government officials whose work relates to treaties, but will also be of considerable interest to international law practitioners and academics.' Dan Sarooshi, Essex Court Chambers and University of Oxford'Treaty law is a very important component of international law. Diplomats, government legal advisers and legal practitioners are frequently engaged in the process of making, interpreting and implementing treaties. They will find this Handbook an indispensable guide to good treaty practice.' Tommy Koh, Ambassador-at-Large, Ministry of Foreign Affairs, SingaporeTable of Contents1. Introduction to good treaty practice; 2. Organising treaty work in governments and international organisations; 3. Treaties and other kinds of international instruments; 4. Managing and using treaty collections; 5. Making a new treaty (negotiation, drafting, production); 6. Preparing to become party to a treaty; 7. Becoming party to a treaty – consent to be bound and entry into force; 8. Continuing engagement with the treaty throughout its life; 9. Ending treaty relations; 10. Future of treaty practice.

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Book SynopsisIn this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainabTrade Review'Amrita Narlikar is the most insightful scholar of political economy in international trade relations today, with a unique focus on the place of developing countries in them. This volume will become a classic that we will read with profit and pleasure for years to come.' Jagdish Bhagwati, Columbia University, New York, and author of In Defense of Globalization'Material interests matter but Amrita Narlikar shows with clarity and insight that economic narratives, the stories we tell, are just as important. This book is both an important methodological intervention with wide application and a significant contribution to understanding the role of poverty in shaping trade policy.' Martin Daunton, Emeritus Professor of Economic History, University of Cambridge'Amrita Narlikar explains how poor countries can turn apparent political disadvantages to their own benefit in international negotiations. With accessible prose and convincing empirical evidence, she demonstrates the importance of seizing systemic opportunities, shaping background narratives, and knowing just how far to push. Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond is both an original scholarly analysis and an elegant primer for practitioners.' Louis W. Pauly, University of Toronto'Powerlessness is not all it seems. Amrita Narlikar offers a compelling new take on the uses and abuses of poverty and power in global politics.' Louise Fawcett, Head of the Department of Politics and International Relations, University of Oxford'This book challenges each of us. It surprises, defies, and provokes. In questioning our assumptions about power and powerlessness, it calls for a more lucid and creative posture towards who we are and who they are supposed to be.' Valerie Rosoux, FNRS, University of Louvain, author of Negotiating Reconciliation in Peacemaking'This is one of those books that will force casual observers of international trade politics to rethink their priors.' Daniel Drezner, The Washington Post'Ultimately, this is a book that uses the prism of the 'poverty/powerlessness' narratives to capture the many power shifts and struggles defining this moment in history, from the redistribution of power across states all the way to the gender, race and intergenerational challenges that have achieved an acute salience in our lifetime. It is remarkable that Narlikar has managed to elegantly connect such a wide span of topics within a relatively succinct book.' Henrique Choer Moraes, International Affairs'Narlikar's latest book shows how perceived weakness can be overcome; she conducts careful factual research to produce her findings, in this original, useful, and valuable study.' I. William Zartman, Jacob Blaustein Distinguished Professor Emeritus, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington, DC'… essential reading …' Charles B. Roger, Global Policy JournalTable of Contents1. Introduction: poverty narratives and power paradoxes; 2. The disempowered many: when the weak suffered what they must; 3. Winning against the odds: a growing empowerment; 4. When fair is foul and foul is fair: overuse and misuse of the poverty narrative; 5. Conclusion: how to sustain the power of the powerless and build winning narratives.

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Book SynopsisIn this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainabTrade Review'Amrita Narlikar is the most insightful scholar of political economy in international trade relations today, with a unique focus on the place of developing countries in them. This volume will become a classic that we will read with profit and pleasure for years to come.' Jagdish Bhagwati, Columbia University, New York, and author of In Defense of Globalization'Material interests matter but Amrita Narlikar shows with clarity and insight that economic narratives, the stories we tell, are just as important. This book is both an important methodological intervention with wide application and a significant contribution to understanding the role of poverty in shaping trade policy.' Martin Daunton, Emeritus Professor of Economic History, University of Cambridge'Amrita Narlikar explains how poor countries can turn apparent political disadvantages to their own benefit in international negotiations. With accessible prose and convincing empirical evidence, she demonstrates the importance of seizing systemic opportunities, shaping background narratives, and knowing just how far to push. Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond is both an original scholarly analysis and an elegant primer for practitioners.' Louis W. Pauly, University of Toronto'Powerlessness is not all it seems. Amrita Narlikar offers a compelling new take on the uses and abuses of poverty and power in global politics.' Louise Fawcett, Head of the Department of Politics and International Relations, University of Oxford'This book challenges each of us. It surprises, defies, and provokes. In questioning our assumptions about power and powerlessness, it calls for a more lucid and creative posture towards who we are and who they are supposed to be.' Valerie Rosoux, FNRS, University of Louvain, author of Negotiating Reconciliation in Peacemaking'This is one of those books that will force casual observers of international trade politics to rethink their priors.' Daniel Drezner, The Washington Post'Ultimately, this is a book that uses the prism of the 'poverty/powerlessness' narratives to capture the many power shifts and struggles defining this moment in history, from the redistribution of power across states all the way to the gender, race and intergenerational challenges that have achieved an acute salience in our lifetime. It is remarkable that Narlikar has managed to elegantly connect such a wide span of topics within a relatively succinct book.' Henrique Choer Moraes, International Affairs'Narlikar's latest book shows how perceived weakness can be overcome; she conducts careful factual research to produce her findings, in this original, useful, and valuable study.' I. William Zartman, Jacob Blaustein Distinguished Professor Emeritus, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington, DC'… essential reading …' Charles B. Roger, Global Policy JournalTable of Contents1. Introduction: poverty narratives and power paradoxes; 2. The disempowered many: when the weak suffered what they must; 3. Winning against the odds: a growing empowerment; 4. When fair is foul and foul is fair: overuse and misuse of the poverty narrative; 5. Conclusion: how to sustain the power of the powerless and build winning narratives.

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Book SynopsisPanels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.Table of ContentsPart I. Introduction: Principle features of the ASCM and intervention logic; Negotiating history of the ASCM; Relationship with GATT 1994, other agreements and relevance of municipal law; Part II. Commentary: 1. General provisions; 2. Prohibited subsidies; 3. Actionable subsidies; 4. Non-actionable subsidies; 5. Countervailing measures; 6. Institutions; 7. Notification and surveillance; 8. Developing country members; 9. Transitional arrangements; 10. Dispute settlement; 11. Final provisions; Part III. Appendices.

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Book SynopsisThe challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law''s functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.Table of Contents1. International law, innovation and environmental change in the Anthropocene Cameron S. G. Jefferies, Sara L. Seck and Tim Stephens; Part I. Innovation in Legal Responses to Normative Change: 2. Differentiation in international environmental law: has pragmatism displaced considerations of justice? Patrícia Galvão Ferreira; 3. The Paris Agreement: continuity and change within the climate regime Tomoaki Nishimura; 4. Global climate finance and the Green Climate Fund: can innovation and democracy co-exist? Katherine Owens; Part II. Innovative Legal Responses to the Consequences of Physical Change: 5. 'Blue carbon' and the need to integrate mitigation, adaptation and conservation goals within the international climate law framework Justine Bell-James; 6. Innovative developments in international fisheries law and their contribution to improving the effectiveness of RFMOs and other environmental regimes Holly Matley; 7. Addressing climate induced displacement: the need for innovation in international law Hitomu Kimura; 8. Climate change and protection of the marine environment: food security, evolutionary interpretation, and novel application of dispute settlement mechanisms under the United Nations Convention on the Law of the Sea Chie Kojima; Part III. International Law Responses to Technological Innovation: 9. Solar radiation management geoengineering and strict liability for ultra-hazardous activities Kerryn Brent; 10. Balancing innovation, development and security: dual-use concepts in export control laws Machiko Kanetake; 11. Innovative policies for overcoming barriers to financing for green energy projects in Sub-Saharan Africa Leslyn A. Lewis; 12. International cooperation, intellectual property, and climate-essential innovation Brian R. Israel; Part IV. Innovation to Address Governance Challenges in Intersecting Regimes: 13. The climate change tent and the trade cathedral: assessing the relationship between environmental regulations and WTO Law after the Paris Agreement Maria Panezi; 14. Legislative innovation in the trade and climate regimes: towards a framework for the comparative analysis of multilateral lawmaking Nicolas Lamp; 15. Investor-state arbitration and domestic environmental governance: recent developments in Canada Matthew Levine; Part V. Conclusions: 16. The value of an innovation framework for international law Neil Craik and Sara L. Seck.

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Book SynopsisThe Crisis behind the Euro-Crisis encourages dialogue among scholars across the social sciences in an attempt to challenge the narrative that regarded the Euro-crisis as an exceptional event. It is suggested instead that the Euro-crisis, along with the subsequent crises the EU has come to face, was merely symptomatic of deeper systemic cracks. This book''s aim is to uncover that hidden systemic crisis - the ''crisis behind the Euro-crisis''. Under this reading it emerges that what needs to be questioned is not only the allegedly purely economic character of the Euro-crisis, but, more fundamentally, its very classification as an ''emergency''. Instead, the Euro-crisis needs to be regarded as expressive of a chronic, dysfunctional, but ''normal'' condition of the EU. By following this line of analysis, this book illuminates not only the causes of contemporary turbulences in the European project, but perhaps the ''true'' nature of the EU itself.Table of ContentsIntroduction: the elephant in the room: a tale of crisis Eva Nanopoulos and Fotis Vergis; 1. There is no (legal) alternative: codifying economic ideology into law Ben Farrand and Marco Rizzi; Part I. The Crisis as a Crisis of the EU's Identity: 2. The roots of the European crisis: a historical perspective Charalambos Kouroundis; 3. The end of self-fulfilling Europe Hent Kalmo; 4. The authoritarian neoliberalism of the EU: legal form and international politico-economic sources Magnus Ryner; Part II. The Crisis as a Crisis of the EU's Political and Democratic Legitimacy: 5. Authoritarian liberalism: the conjuncture behind the crisis Michael Wilkinson; 6. The inherently undemocratic EU democracy: moving beyond the 'democratic deficit' debate Eva Nanopoulos and Fotis Vergis; 7. Europe and constituent powers: ruptures with the neoliberal consensus? Maria Tzanakopoulou; 8. 'Who's afraid of the European demos?': the uneasy relationship between the European Union and referendums Elia Alexiou; 9. Can public and voluntary acts of consent confer legitimacy on the EU? Ozlem Ulgen; Part III. The Crisis as a Crisis of the EU's Economic Model: 10. The fiscal compact: a paradoxical fiscal governance machine Vanessa Bilancetti; 11. The rise of unaccountable governance in the Eurozone Gunnar Beck; 12. Unification from above, its contradictions and the conjuncture initiated by the Eurozone crisis Christakis Georgiou; Part IV. The Crisis as a Crisis of the EU's Social Character: 13. A tale of two documents: the eclipse of the social democratic constitution Alan Bogg and K. D. Ewing; 14. How to analyse a supranational regime that nationalises social conflict? The European crisis, labour politics and methodological nationalism Roland Erne; 15. Which refugee crisis? On the proxy of the systemic Euro-crisis and its spatialities Dimitris Dalakoglou; Part V. Joining the Dots and the Way Forward: 16. The European crisis of economic liberalism: can the law help? Michelle Everson; 17. With time to prepare: planning an exit from the EMU Costas Lapavitsas; 18. Brexit and the imperial constitution of Europe Alex Callinicos; Conclusion Eva Nanopoulos and Fotis Vergis.

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Book SynopsisThis book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a ''normative'' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the ''remnants'' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this ''new'' role of the home state in foreign investment disputes a ''return'' to diplomatic protection of its nationals, or are we witnessing something different?Trade Review'Whilst the role the state in the current debate on ISDS focuses on the role of host states, Rodrigo Polanco brilliantly reverses the prospect. Rigorously researched, the thorough legal analysis addresses the policy factors involved with a highly balanced sensibility. An essential read for all those who wish to acquire an intelligent and comprehensive view on the legitimacy and the prospects for reform of ISDS at the time of sovereignism.' Attila M. Tanzi, Università di Bologna and Associate Member of 3VB Chambers'This book highlights the nearly-forgotten 'other' player in the investor-state dispute settlement context: the home state. Backing his claims with both historical and empirical data, the author's analysis of the influence of the host state on the results of investor-state arbitrations through the centuries is elegantly convincing. Creative as well as informative, even readers well-acquainted with the subject of investment arbitration will enjoy reconsidering conventional wisdom in light of this volume's findings.' Krista Nadakavukaren Schefer, Swiss Institute of Comparative Law'Through a comprehensive historical analysis, this book introduces an innovative approach to the settlement of disputes from the perspective and main concerns of foreign investors' home States. The author deals with key legal features of the institution of diplomatic protection and describes home States' attitudes to regaining control of investment treaties and treaty interpretation. The book represents a valuable contribution to monitoring actual as well as future tensions among the main players in investor-state disputes.' Raúl Vinuesa, Universidad de Buenos Aires'In this important and engaging book, Polanco explores the history of investor state disputes and asks whether there is a revival of remnants of diplomatic protection. He demonstrates that home states are reclaiming control of investor-state dispute settlement but that this is a return of the state in a different way. This book is an impressive contribution to understanding the changing nature of investor state dispute settlement.' Andrew Newcombe, University of Victoria and Investment Treaty Arbitration'… beyond recommending this book for being well documented and sustaining an interesting thesis and several proposals worthy of discussion, it must be praised for its optimism and its constructive approach.' Yves Derains, The Journal of World Investment & Trade (JWIT)'This well researched book successfully attempts to analyse a trend which significantly shapes today's international investment law in a comprehensive way and from various perspectives. It will be definitely of value to academics and practitioners of international economic law, as well as those interested in an evidence of current state practice with regard to protection of economic interests of their subjects abroad.' Ondřej Svoboda, Transnational Dispute ManagementTable of ContentsIntroduction; 1. The age of diplomatic protection of foreign investors; 2. The rise and backlash against investor-state arbitration; 3. Home states and the prevention of investment disputes; 4. Home state role in ISDS together with the host state; 5. Unilateral home state participation in ISDS; 6. Current and future role of diplomatic protection in investment disputes; 7. Home state limitations on diplomatic protection; Conclusion.

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Book SynopsisNo area of law is growing as fast and courting as much controversy as international investment law. Much of this controversy stems from its design, as obligations are placed on host states, but not investors. This book reveals how host states can hold investors accountable for their negligence and misconduct.Trade Review'This is a serious piece of scholarship which will be consulted, challenged and referred to in the future by academics and practitioners in the area.' Elena Blanco, Manchester Journal of International Economic Law'Dr Jarrett's book presents a deep intellectual conceptualisation of vexed issues in contributory fault and investor misconduct in investment arbitration. It sets the rules on sound foundation, clarifies the myriad of confusion, and shines a light through the difficulties that have plagued the relevant questions. Consequently, it should be of great use to a variety of actors dealing with this field.' Emmanuel Laryea, ICSID Review'Jarrett's efforts to bring clarity and consistency to this developing area of investment law should be applauded.' George von Mehren and Mark Stadnyk, Journal of World Investment and Trade'… the book offers a thought-provoking contribution to the literature on international investment law. It provides a rich, novel, and interesting study of how investor misconduct ought to factor into the analysis of State responsibility in investor-State arbitration claims. Jarrett offers rules that could conceivably form a basis for future debate and reforms, underpinned by a detailed and nuanced discussion that grapples with the structure, content and implications of such rules for investment claims.' Esmé Shirlow, European Journal of International Law'His book is not only a critique of existing doctrine and practice but also a bold proposal for reform, including concrete solutions in the form of ready-to-use rules for apportionment … It is hoped that future disputants, armed with Jarrett's proposals, will encourage tribunals to refine their approach to these matters.' Johannes Fahner, Arbitration International'… a creative inspiration for anyone thinking broadly and conceptually about contributory fault and investor misconduct in investment arbitration.' Markus P. Beham, European Yearbook of International Economic LawTable of Contents1. A schematic of international investment law; 2. A definition of defence; 3. A theory of causation for international investment law; 4. Mismanagement; 5. Investment reprisal and post-establishment illegality; 6. A restatement of contributory fault and investor misconduct in international investment law.

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Book SynopsisDrawing upon Fernando Piérola-Castro''s extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.Table of Contents1. General provision; 2. Conditions; 3. Investigation; 4. Determination of serious injury or threat of serious injury; 5. Application of safeguard measures; 6. Provisional measures; 7. Duration and review of safeguard measures; 8. Level of concessions and other obligations; 9. Developing country members; 10. Pre-existing article XIX measures; 11. Prohibition and elimination of certain measures; 12. Notification and consultations; 13. Surveillance; 14. Dispute settlement.

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Book SynopsisThis book analyzes current challenges and opportunities for the global trading system. It maps scenarios for sustainable global economic governance in ways that could transform the system as we know it.Trade Review'The WTO is not living its best moments, and what this book does better than any other volume is to highlight the reasons why this has been the case. By highlighting the concerns that have not been addressed, the voices that have not been heard, as well as the faux pas taken by those in charge, this volume offers an unparalleled collection of well-thought papers that should find their way to the desk of every policymaker steering the world trading system these days.' Petros C. Mavroidis, Edwin B. Parker Professor of Foreign & Comparative Law, Columbia University, New YorkTable of Contents1. Introduction: current challenges and future scenarios Manfred Elsig, Michael Hahn and Gabriele Spilker; Part I. New and Old Challenges: 2. The elephant in the negotiation room: PTAs through the eyes of citizens Quynh Nguyen and Gabriele Spilker; 3. Corporate strategy in times of anti-trade sentiment: current challenges and future scenarios Jappe Eckhardt and Louise Curran; 4. Understanding and shaping trade rules for the digital era Mira Burri; 5. The need for better disciplines on rules of origins in the WTO: evidence from NAFTA Caroline Freund; 6. For whom the bell tolls: the WTO's third decade Michael Hahn; Part II. Trade Policy and Trade-Related Concerns: 7. Reconceiving trade agreements for social inclusion Gregory Shaffer; 8. Our alarming climate crisis demands border adjustments now John Odell; 9. The multilateralization of PTAs' environmental clauses: scenarios for the future? Jean-Frédéric Morin, Clara Brandi and Axel Berger; 10. The trend to more and stricter non-trade issues in preferential trade agreements Lisa Lechner; Part III. Development Angles: 11. The trade-migration nexus from a multilevel perspective Flavia Jurje and Sandra Lavenex; 12. Trips implementation in developing countries: likely scenarios to 2025 Omar Serrano and Mira Burri; 13. Investment promotion and facilitation for LDCs Rodrigo Polanco Lazo and Azernoosh Bazrafkan; Part IV. Diffusion across Economic Treaties: 14. Heading for divorce? Investment protection rules in free trade agreements Wolfgang Alschner; 15. The regime complex for investment governance: overlapping provisions in PTAs and BITs Soo Yeon Kim and Clara Lee; 16. Asian Trade agreements in services: filling form with content Mark Manger.

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Book SynopsisAs part of the 1947 General Agreement on Tariffs and Trade (GATT), a compromise on domestic socio-economic issues was struck and subsequently given the name ''embedded liberalism''. The Future of International Economic Integration explores the multiple dimensions of the embedded liberalism compromise, to understand its contemporary influence on both the scope and application of international trade law, and on the content and character of parallel domestic socio-economic policy space. Top international economic law scholars have contributed chapters that look at the four principal dimensions of the topic. It sets out the history and character of the embedded liberalism compromise, explores the relationship between the compromise and WTO law, explores areas of contemporary tension that invoke the principles of the compromise such as human rights, cultural diversity, and environmental protection, and investigates what future impact the compromise might have on new trade and investment agreements.Trade Review'This excellent volume does much more than excavate the underlying principles of the post-World War II international trade regime. It also demonstrates precisely how these principles went askew in the most recent wave of globalisation. Most importantly, it addresses how deep reflection on the principles can offer insights into ways of strengthening the fragile 'system' of global economic governance today.' John Gerard Ruggie, Berthold Beitz Professor in Human Rights and International Affairs, John F. Kennedy School of Government, Massachusetts'This is an excellent set of essays on the continuing vitality of some of the architectural assumptions in the design of modern international economic law. The essays cover numerous issues including trade, investment, food security, cultural sensibilities, human rights, and the workplace.' Steve Charnovitz, George Washington University Law School, Washington DC'There is a pressing need for sustained and thoughtful discussion about how the international economic system can best serve the interests of a wide range of social and human rights issues and maintain the necessary balance between economic openness and domestic socio-economic stability. This book provides an insightful contribution to that debate in curating the work of some of international economic law's innovative and leading academics, and offers a much needed perspective and way forward for international economic law in testing times.' Gabrielle Marceau, University of Geneva, President of SIEL and Senior Counsellor, WTO Legal Affairs Division'History is full of ironies; we live in a time when the rule of law and embedded liberalism is under threat from policymakers in two of the countries that designed the longstanding mix of domestic and international trade policies that has kept economic peace and stimulated economic growth. This important edited volume by Professors Gillian Moon and Lisa Toohey rethinks the embedded liberalism concept and reminds us why it deserves both our understanding and support today.' Susan Aaronson, George Washington University, Washington DC, and Senior Fellow, Centre for International Governance InnovationTable of ContentsContributor biographies; Foreword Andrew Lang; Preface; List of acronyms; Part I. The Concept of the Embedded Liberalism Compromise: 1. Introduction to the embedded liberalism compromise Gillian Moon and Lisa Toohey; 2. The embedded liberalism compromise in the making of the GATT and Uruguay Round Agreements Meredith Kolsky Lewis; 3. The embedded liberalism compromise as touchstone in times of political turmoil Lisa Toohey; 4. Universal human rights in the embedded liberalism compromise Gillian Moon; 5. Recalibrating the embedded liberalism compromise: 'legitimate expectations' and international economic law Chios Carmody; Part II. The Dynamic of the Embedded Liberalism Compromise: 6. From agriculture to food security: embedded liberalism and stories of regulatory failure Fiona Smith; 7. Embedded liberalism and national treatment: the case of Taiwan's Mijiu taxation Hsu-Hua Chou and Weihuan Zhou; 8. Embedded liberalism and international investment agreements: the future of the right to regulate, with reflections on WTO law Catharine Titi; 9. Regulatory coherence in future free trade agreements and the idea of the embedded liberalism compromise Andrew D. Mitchell and Elizabeth Sheargold; Part III. Engineering the Embedded Liberalism Compromise: Addressing the Future in Times of Turmoil: 10. Embedded liberalism as a framework for description, critique and advocacy: the case of human rights measures under the GATT Rachel Harris; 11. Embedded liberalism and global business: domestic stability versus corporate autonomy? Justine Nolan and Gillian Moon; 12. The embedded liberalism compromise and cultural policy measures. Maintaining cultural diversity alongside WTO law Franziska Sucker; 13. The WTO's purpose, regulatory autonomy and the future of the embedded liberalism compromise Emily Reid.

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Book SynopsisTrade liberalisation can enhance the economic welfare of all trade partners, but in adjusting to greater competition, many import- competing firms and workers face difficult problems. Since 1962, Congress has responded to these adjustment costs by authorising trade adjustment assistance (TAA) programs for workers, firms, and farmers, and continues to monitor their performance and amend the governing legislation. This book discusses the Trade Adjustment Assistance for Firms (TAAF) program, which provides technical assistance to trade- affected firms to help them develop strategies to remain competitive in a dynamic international economy. Legislation has been introduced in the 113th Congress that would reauthorise TAA programs, which are set to expire on December 31, 2013. President Obama also has supported TAA reauthorisation, linking it to renewal of Trade Promotion Authority (TPA).

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Book SynopsisThe origin of the Trade Adjustment Assistance for Farmers program can be traced back to a 2000 Department of Labor report recommending that a separate program be enacted "to assist agricultural producers and workers affected adversely by imports" if the objective is to assist them to remain in their current occupations. The report described the existing trade adjustment assistance (TAA) programs that provided (1) limited technical assistance to help business firms (including some that produced agricultural and food products) regain economic competitiveness or to shift into producing other goods, and (2) training assistance to workers (including those employed by some agricultural firms) to facilitate their transition into other occupations. It noted that the provision of direct financial assistance (such as income supplements) to farmers, or efforts to financially enable them to continue producing the commodity adversely affected by imports rather than help them adjust to employment in other sectors, would be inconsistent with the objectives of the then-existing TAA programs. Observers stated that farmers and ranchers typically did not qualify for the TAA workers program because they were self-employed (and thus rarely were eligible for unemployment benefits) and were less likely to want to be retrained for a new occupation (particularly if earning income from producing other crops or from non-farm sources). This book examines the TAA programs elements and effectiveness.

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Book SynopsisPartner countries of free trade agreements (FTA) that the Government Accountability Office (GAO) selected -- the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) and the FTAs with Colombia, Oman, and Peru -- have taken steps to implement labour provisions and other initiatives to strengthen labour rights. This book examines steps that selected partner countries have taken, and U.S. assistance they have received, to implement these provisions and other labour initiatives and the reported results of such steps; submissions regarding possible violations of FTA labour provisions that DOL has accepted and any problems related to the submission process; and the extent to which U.S. agencies monitor and enforce implementation of FTA labour provisions and report results to Congress.

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Book SynopsisFiscal policy is an important factor influencing the growth performance of countries. However, compared to the large empirical literature on the effects of monetary policy on economic activity, fiscal policy has received less attention. In this book, the authors present current research in the study of fiscal policy and the macroeconomy as well as the challenges of fiscal policy in the current global environment. The book brings a global perspective to the practice of fiscal policy by presenting case studies from the United States, the European Union, and the Caribbean. Topics discussed in the book include international dimensions of fiscal policy, public debt and the economy, austerity versus stimulus and economic growth, the correction of economic imbalances in Europe, the long term impact of fiscal devaluation, the cyclicality of fiscal policy, the appropriate debt ceilings for small states, lessons from the banking union framework in the Euro Area, fiscal policy and competitiveness, policy lessons from debt restructuring in Jamaica, estimating the structural fiscal balance in small islands and fiscal policy rules and fiscal performance.

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Book SynopsisIn 2015 the OECD released its roadmap to address Base Erosion and Profit Shifting. The global tax reform package, with 15 Actions, is designed to equip countries with the tools they need to ensure profits are taxed where economic activity occurs and value is added. This volume is a comprehensive stock-take of the BEPS implementation that looks beyond a mere checklist of action or non-action to explore the experiences of 18 different jurisdictions. It highlights the different approaches taken by capital importing and capital exporting regions, developed and developing countres, OECD and non-OECD members and well as G20 and non-G20 members. Expert authors from Australia, Canada, China, Hong Kong SAR, India, Indonesia, Japan, Korea, Malaysia, the Netherlands, New Zealand, Nigeria, Singapore, South Africa, Thailand, the United Kingdom, the United States, and Vietnam have contributed chapters to this volume. Each provides the 'must-know' answers to questions that all stakeholders in the tax system are asking in relation to the domestic implementaiton of the largest reform of international tax the world has seen in a century.

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Book SynopsisUntil the February 2004 gas crisis when Gazprom cut off all gas flows via Belarus, the issue of Belarus as a gas transit route was not addressed seriously despite this country's transiting around 20% of Russia's gas exports to Europe. The gas crisis threatened the reliability of gas supplies to Europe. It demonstrated the necessity of bringing Belarus back into focus, explaining how and why the seemingly amicable Russian-Belarussian relationship had deteriorated to such an extent, and suggesting how the problem might evolve in the future. This book shows that the reliability of the Belarussian gas transit routes is influenced by changes in the intensity of the Russian-Belarussian integration and explores whether Belarus is in a position to manage (or, indeed, survive) within the new, 'commercial' framework to which the gas issues had shifted following the failure to establish political union. The book predicts that the mainstay of Belarussian welfare is bound to deteriorate as Russia continues to increase its domestic gas prices at 20% annually as part of its energy strategy and in line with WTO requirements - thus, also making Belarus's independent stance vis-a-vis Gazprom unsustainable. In order to secure gas prices at the level of, at least, Russian domestic prices, Belarus is likely to return to negotiating a joint venture operating the Belarussian transit network together with Gazprom. Yet, even if such a joint venture were to be formed, it would not eliminate the main reason of the unreliability of gas transit via Belarus - the weakness of the national economy. Therefore, unless Belarus embarks on reforms leading to substantial gas conservation, it will continue to be tempted to resort to unauthorised gas off-takes and non-payments undermining the reliability of transit.

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Book SynopsisNo WTO, Self Reliance and Globalisation Read a customer review or write one .

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Book SynopsisThis Study Guide complements van Marrewijk: International Trade and the World Economy, reviewing and deepening the student's understanding of the topics covered in the main textbook. It provides a set of questions relating to every chapter and these are sub-divided into four different types: review, empirical, simulation and technical questions.Table of Contents1. THE WORLD ECONOMY ; 4. PRODUCTION STRUCTURE ; 9. IMPERFECT COMPETITION ; 14. GEOGRAPHICAL ECONOMIES

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisTrade multilateralism in the twenty-first century faces a serious test as weakness in the global economy and fast-paced technological changes create a challenging environment for world trade. This book examines how an updated and robust, rules-based multilateral framework, anchored in the WTO, remains indispensable to maximizing the benefits of global economic integration and to reviving world trade. By examining recent accessions to the WTO, it reveals how the growing membership of the WTO has helped to support domestic reforms and to strengthen the rules-based framework of the WTO. It argues that the new realities of the twenty-first century require an upgrade to the architecture of the multilateral trading system. By erecting its ''upper floors'' on the foundation of existing trade rules, the WTO can continue to adapt to a fast-changing environment and to maximize the benefits brought about by its ever-expanding membership.Table of Contents1. Making trade multilateralism work for all: the role of WTO accessions Alexei Kireyev and Chiedu Osakwe; Part I. WTO Accessions And The New Trade Multilateralism: 2. The WTO and the changing state of the global economy Alexei Kireyev; 3. The art and science of negotiation: de-politicizing and technicizing negotiations Micheline Calmy-Rey and Svenja Rauch; 4. The accession of Kazakhstan: dealing with complexity Alexei Kireyev, Chiedu Osakwe and Anna Varyanik; 5. Helping businesses navigate WTO accession Arancha González; 6. WTO rules, accession protocols and mega-regionals – complementarity and governance in the rules-based global economy Maša Lekić and Chiedu Osakwe; 7. Promoting good governance: from encouraging a principle to taking concrete action – examples from WTO accession protocols and the WTO Trade Facilitation Agreement Juneyoung Lee, Nora Neufeld and Anna Varyanik; 8. Transforming accessions data into knowledge Hubert Escaith, Chiedu Osakwe, Vicky Chemutai and Ying Yan; Part II. Negotiators' Perspectives On The WTO Accession Process: 9. Accession of Liberia: an agenda for transformation Ellen Johnson Sirleaf and Axel Addy; 10. Afghanistan's accession: challenged by conflict Humayoon Rasaw; 11. The WTO accession of Seychelles: lessons from a small island economy Pierre Laporte, Charles Morin and Cillia Mangroo; 12. WTO accession negotiations from a negotiator's perspective Atsuyuki Oike; Part III. Accessions Acquis: Thematic Perspectives and Implementation Challenges: 13. How post-TRIPS negotiations reframe the 'trade-related aspects' of intellectual property after TRIPS: the lessons of WTO accessions Antony Taubman; 14. Competition policy in WTO accessions: filling in the blanks in the international trading system Robert D. Anderson, Anna Caroline Müller and Nivedita Sen; 15. Geographical indications in the accessions landscape Tatiana Yanguas Acosta; 16. WTO accession commitments on agriculture: lessons for WTO rule-making Diwakar Dixit; 17. The WTO-plus obligations: dual class or a strengthened system? Nannan Gao and Fangying Zheng; 18. Accession protocols and the private sector Josefita Pardo de León and Mariam Soumaré; 19. Post-accession support platform Maika Oshikawa; 20. Conclusion – trade multilateralism: enhancing flexibility, preserving the momentum Alexei Kireyev and Chiedu Osakwe.

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