Public international law: economic and trade Books

591 products


  • Edward Elgar Publishing Ltd The Sources of WTO Law and their Interpretation

    Book SynopsisIn this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice.Trade Review‘A tour de force covering in detail with perceptive analysis all of the issues concerning sources of law in WTO dispute settlement. A must-read for those involved in the WTO dispute settlement system – whether WTO members, practitioners or those that follow or write about the system.’ -- William J. Davey, University of Illinois College of Law, USTable of ContentsContents: Introduction to The Sources of WTO Law and their Interpretation 1. What are sources of law and why do they matter? 2. The statutory definition of WTO sources of law 3. The WTO primary law 4. The WTO secondary law 5. Sources and general principles of (WTO) law 6. The interpretative elements of WTO sources of law 7. Practice … and its discontents 8. Noisy judgments, legal uncertainty, and beyond: cut the coat according to the cloth Annex 1: key provisions of the DSU Annex 2: Section 3 of VCLT, Interpretation of Treaties References Index

    £24.95

  • EU Trade Law

    Edward Elgar Publishing EU Trade Law

    Book Synopsis

    £135.00

  • Research Handbook on Trade Law and Development

    £200.00

  • African Free Trade Agreements and Intellectual

    Edward Elgar Publishing Ltd African Free Trade Agreements and Intellectual

    Book SynopsisTrade Review‘Highly informative and academically convincing, the new book by Michael Blakeney and Getachew Mengistie Alemu brilliantly analyses the intricate web of IP rules and policies affecting the African continent and its states. Readers will be delighted learning about how IP regimes affect entrepreneurship in Africa and their intersection and clash with economic development targets and overriding public goods including public health, culture, education, food security and biodiversity conservation.’ -- Enrico Bonadio, City, University of London, UK‘Much has been written about the impact of the intellectual property and trade paradigm but not much about its impact on African countries. The two authors, both of great experience and scholarship, show the reader in a clear and systematic fashion how the paradigm matters to Africa and its people.’ -- Peter Drahos, European University Institute, ItalyTable of ContentsContents: 1 Overview of the socio-economic profile of and challenges faced by African countries 2 Sub-regional and regional trade agreements 3 African Continental Free Trade Agreement 4 The intellectual property system in Africa 5 African continental intellectual property arrangements 6 FTAs and African IP arrangements 7 African countries’ membership of international IP agreements 8 Biodiversity 9 Preserving Africa’s culture 10 FTAs, IP, and economic development Index

    £100.00

  • Resisting Economic Globalization

    Palgrave Macmillan Resisting Economic Globalization

    15 in stock

    Book SynopsisIntroduction.- 1. Hardt and Negri and the Immobilization of the State.- 2. Teubner and System Liberation.- 3. Habermas and Global Power Policy.- 4. Santos and Difficulty of Sustainable Resistance.- 5. Wolin and Democracy's Debasement.- 6. Foucault, Ecuador and on Being 'Freer Than They Feel'.- Conclusion.Trade Review"Schneiderman's book offers, undoubtedly, a wellspring for further theoretical work on this 'exotic' area, inquiring into the opportunities for effective 'politics of resistance' after economic globalization and the importance of the 'local' in the global discourse." - Ricardo Campos, International Journal of Constitutional LawTable of ContentsIntroduction.- 1. Hardt and Negri and the Immobilization of the State.- 2. Teubner and System Liberation.- 3. Habermas and Global Power Policy.- 4. Santos and Difficulty of Sustainable Resistance.- 5. Wolin and Democracy's Debasement.- 6. Foucault, Ecuador and on Being 'Freer Than They Feel'.- Conclusion.

    15 in stock

    £42.74

  • World Trade Governance and Developing Countries

    John Wiley and Sons Ltd World Trade Governance and Developing Countries

    Book SynopsisA comprehensive study of developing countries in the GATT/WTO system. Explores how the developing countries have shaped and have been shaped by the GATT/WTO committees. Investigates the areas of critical importance to developing countries including antidumping, textiles, agriculture, trade and the environment. Offers suggestions on how the developing countries can improve their participation in committee meetings. Table of ContentsAcknowledgements vii About the Author ix Acronyms xi Introduction I Structure of the Book 4 1 The importance of international law and institutions for the world trading system 5 Introduction 5 The institutional structure of the GATT/WTO system 7 The role of international trade institutions 8 2 Developing countries in the GATT committee system prior to the establishment of the WTO 11 Introduction 11 The GATT committees on antidumping practice 11 GATT textiles and clothing committees 20 The Multifibre Arrangement and the TSB 22 GATT agricultural committee 24 Concluding comments 27 3 The impact of developments after the Tokyo Round 28 The change in DC attitudes towards the GATT 28 The reconfiguration of intra-DC relations within the GATT 31 Recent developments and their implications for DC participation in the WTO committees 33 4 Developing countries and the WTO committees since the Uraguay Round 35 The 1995 WTO committee on Antidumping Practices 35 The Textiles Monitoring body 38 The WTO Committee on Agriculture 40 The Committee on Trade and Environment 46 5 Conclusions 55 General overview of the study 55 Recommendations 56 Appendix: Extracts from GATT/WTO documents 60 Notes 70 Bibliography 96 Index 111

    £22.32

  • World Trade Governance and Developing Countries

    John Wiley and Sons Ltd World Trade Governance and Developing Countries

    Book SynopsisA comprehensive study of developing countries in the GATT/WTO system. It explores how the developing countries have shaped and have been shaped by the GATT/WTO committees. It investigates the areas of critical importance to developing countries including antidumping, textiles, agriculture, trade and the environment.Table of ContentsAcknowledgements vii About the Author ix Acronyms xi Introduction I Structure of the Book 4 1 The importance of international law and institutions for the world trading system 5 Introduction 5 The institutional structure of the GATT/WTO system 7 The role of international trade institutions 8 2 Developing countries in the GATT committee system prior to the establishment of the WTO 11 Introduction 11 The GATT committees on antidumping practice 11 GATT textiles and clothing committees 20 The Multifibre Arrangement and the TSB 22 GATT agricultural committee 24 Concluding comments 27 3 The impact of developments after the Tokyo Round 28 The change in DC attitudes towards the GATT 28 The reconfiguration of intra-DC relations within the GATT 31 Recent developments and their implications for DC participation in the WTO committees 33 4 Developing countries and the WTO committees since the Uraguay Round 35 The 1995 WTO committee on Antidumping Practices 35 The Textiles Monitoring body 38 The WTO Committee on Agriculture 40 The Committee on Trade and Environment 46 5 Conclusions 55 General overview of the study 55 Recommendations 56 Appendix: Extracts from GATT/WTO documents 60 Notes 70 Bibliography 96 Index 111

    £64.12

  • University of Toronto Press Making North America

    Book SynopsisIn Making North America, James Thompson uses the CanadaUS Free Trade Agreement of 1988 and the North American Free Trade Agreement of 1994 to demonstrate that there has been an often-unrecognized impulse behind the process of North American integration national security.Table of ContentsChapter 1: Core Concepts Chapter 2: CUFTA I. US-Canada Relations, 1770s-1970s 1770s-1890s: Reciprocal Fear 1898-1944: Shifting Sources of Threat 1945-1979: The Cold War Context II. The Security Context of the 1980s III. The Decision to Establish an FTA IV. Assessing the Data V. Future Integration Chapter 3: NAFTA I. US-Mexico Relations, 1820s-1980s 1820s-1860s: Engaging the British and the French 1870s-1940s: German Influence 1945-1989: The Cold War II. The Security Context of the 1980s and early 1990s III. The Decision to Establish an FTA IV. Assessing the Data V. Future Integration Chapter 4: The Broader Context List of Interviews Chronologies of Important Events Notes Bibliography

    £22.49

  • The African Continental Free Trade Area  Economic

    MP-WBK World Bank Group Publ The African Continental Free Trade Area Economic

    4 in stock

    Book Synopsis

    4 in stock

    £34.16

  • Asset Recovery Handbook  A Guide for

    World Bank Publications Asset Recovery Handbook A Guide for

    1 in stock

    Book SynopsisA practical tool to help policymakers, public officials, and those who have been entrusted with recovering stolen assets by informing them on how to pursue proceeds of corruption and navigate the challenges of international asset recovery.

    1 in stock

    £44.96

  • Connecting to Thrive  Challenges and

    John Wiley & Sons Connecting to Thrive Challenges and

    1 in stock

    Book SynopsisAssesses the Bangladesh-Bhutan-India-Nepal Motor Vehicle Agreement; analyses how freight flows, wages, employment, and income are likely to change in Bangladesh and India once the agreement is adopted; and provides suggestions on enhancing the impact of regional connectivity on rural areas and women.

    1 in stock

    £33.20

  • Since the Boom

    University of Toronto Press Since the Boom

    Book SynopsisThe 1970s are of particular relevance for understanding the socio-economic changes still shaping Western societies today. The collapse of traditional manufacturing industries like coal and steel, shipbuilding, and printing, as well as the rise of the service sector, contributed to a notable sense of decline and radical transformation. Building on the seminal work of Lutz Raphael and Anselm Doering-Manteuffel, Nach dem Boom, which identified a social transformation of revolutionary quality that ushered in digital financial capitalism, this volume features a series of essays that reconsider the idea of a structural break in the 1970s. Contributors draw on case studies from France, the Netherlands, the UK, the US, and Germany to examine the validity of the after the boom hypothesis. Since the Boom attempts to bridge the gap between the English and highly productive German debates on the 1970s.Table of ContentsAcknowledgments Introduction Sebastian Voigt Section One: Ambiguities 1. Crisis or Opportunity? Amway and an Unfamiliar Story of Economic Growth in the 1970s Jessica Burch 2. Crisis? What Crisis? Mass Consumption in Great Britain in the 1970s and Early 1980s Sina Fabian 3. Decent Work in the Home? Household Workers and the Crisis of Social Reproduction since the 1970s Eileen Boris Section Two: Adaptations 4. The Clandestine Crisis: Migrant Labor in an Age of Deindustrialization Michael Kozakowski 5. Challenges of Computerization and Globalization: The Example of the Printing Unions, 1950s to 1980s Karsten Uhl 6. Soft Skills in an Age of Crises: Continuing Training as Economic Coping Strategy in West German Companies Franziska Rehlinghaus Section Three: (Dis-)Continuities 7. Deindustrialization and the Globalization Discourse in France since 1980 Andreas Wirsching 8. Look to the Future, Embrace Your Past: Regional Industrialization Policies and Their Aftermath Bart Hoogeboom and Marijn Molema 9. The End of Long-Established Certainties: The Transformation of Germany Inc. since the late 1980s Hartmut Berghoff Contributors Index

    £46.80

  • The Caribbean on the Edge

    University of Toronto Press The Caribbean on the Edge

    Book SynopsisThe Caribbean on the Edge offers frameworks for the study of policy issues facing the Caribbean and identifies a new way of thinking among those who influence public decision making.Table of ContentsList of Figures, Tables, and Boxes Foreword Alicia Bárcena Preface Winston Dookeran Acknowledgments Introduction Tamara Lorenzo The Evolution of ECLAC’s School of Thought and Its Influence on the Caribbean Daniel E. Perrotti Section 1: Confronting the Framework 1 Caribbean Development: Setting the Framework 2 Caribbean Policy Analysis: Shaping the Issues 3 Caribbean Catalogue: Recasting the Strategies Section 2: The Missing Link in Thinking 4 Policy Response to the Pandemic 5 The Politics of Development 6 Political Economy and Strategy 7 Political Logic and Economic Logic Section 3: Pathways in Analytical Leadership 8 The Imperative of Caribbean Convergence 9 Capturing Space in the Power of Markets 10 The Quest for Equality and Sustainable Growth Part A: Building a Knowledge Economy: Issues in Financing Higher Education Part B: The Distribution of Income in Trinidad and Tobago, 1957–1976 11 Small-State Diplomacy and the Liberal Order 12 Getting Governance and Development Right Epilogue Notes Bibliography Index

    £44.10

  • TTIP: The Truth about the Transatlantic Trade and

    John Wiley and Sons Ltd TTIP: The Truth about the Transatlantic Trade and

    Book SynopsisThe Transatlantic Trade and Investment Partnership (TTIP) has stirred passions like no other trade negotiation in recent history. Its supporters maintain that TTIP will produce spectacular growth and job creation; claims that are wholeheartedly rejected by its critics, who regard TTIP as a direct assault on workers' rights, health and safety standards and public services. In this incisive analysis, Gabriel Siles-Brugge and Ferdi de Ville scrutinize the claims made by TTIP's cheerleaders and scaremongers to reveal a far more nuanced picture behind the headlines. TTIP will not provide an economic 'cure-all', nor will it destroy the European welfare state in one fell swoop. Thanks to unprecedented levels of protest and debate around TTIP, however, neoliberal trade negotiations are well and truly back in the spotlight. In this respect, TTIP could well prove to be a 'game-changer' - just not in the way imagined by its backers.Trade Review"This essential study should be read by anyone who cares about democracy and the sovereignty of parliaments. If you care, you should understand, and there is no better means of understanding than reading this book." George Monbiot "De Ville and Siles-Brügge�s book is a part of this burgeoning movement for change and a model of what popular explanation of complex economic and political issues should be: Clear, concise, cogent, even handed, and a call to action." Irish Examiner "This in-depth, systematic and sober analysis – deprived of any polemics – brilliantly demystifies the mega-trade deal. It is by far the most advanced piece of political economic thinking on TTIP to date." Pierre Defraigne, Executive Director, College of Europe Foundation "The TTIP has been hailed as Europe�s growth strategy out of the economic crisis. The critics meanwhile deride it as a job-killing machine that will serve the interests only of US multinationals. This useful and informative book brings the debate down to earth. While underlining the huge uncertainty that exists over likely outcomes, it shows that both sides overstate their case. It concludes that the treaty�s main impact will be to reinforce an existing trend whereby trade goals are increasingly narrowing the space for the articulation of domestic rules and regulations." Dani Rodrik, Harvard University "This convincingly argued and highly readable book is a much-needed intervention in the heated debate on the Transatlantic Trade and Investment Partnership (TTIP) between the EU and the USA. It is a must-read for all those trying to understand what is at stake in this free trade agreement which has sparked such controversy on both sides of the Atlantic." Brigitte Young, University of Münster "A balanced and informative account of the Trans-Atlantic Trade and Investment Partnership and its implications for the economy and society. This book will be a valuable resource for anyone trying to assess the TTIP with open eyes." Dean Baker, Co-Director, Center for Economic and Policy ResearchTable of Contents Acknowledgements List of tables and figures List of abbreviations Introduction 1 Growth and Jobs 2 Setting Global Standards 3 The Bottom Line: Cutting Red Tape 4 Challenging TTIP Conclusion: seizing the TTIP moment Notes References Index

    £42.75

  • TTIP: The Truth about the Transatlantic Trade and

    John Wiley and Sons Ltd TTIP: The Truth about the Transatlantic Trade and

    Book SynopsisThe Transatlantic Trade and Investment Partnership (TTIP) has stirred passions like no other trade negotiation in recent history. Its supporters maintain that TTIP will produce spectacular growth and job creation; claims that are wholeheartedly rejected by its critics, who regard TTIP as a direct assault on workers' rights, health and safety standards and public services. In this incisive analysis, Gabriel Siles-Brugge and Ferdi de Ville scrutinize the claims made by TTIP's cheerleaders and scaremongers to reveal a far more nuanced picture behind the headlines. TTIP will not provide an economic 'cure-all', nor will it destroy the European welfare state in one fell swoop. Thanks to unprecedented levels of protest and debate around TTIP, however, neoliberal trade negotiations are well and truly back in the spotlight. In this respect, TTIP could well prove to be a 'game-changer' - just not in the way imagined by its backers.Trade Review"This book provides a reasoned analysis of the TTIP in mid-negotiation, critically examining arguments made by its advocates and its critics, most of whom are in Europe." Foreign Affairs "This essential study should be read by anyone who cares about democracy and the sovereignty of parliaments. If you care, you should understand, and there is no better means of understanding than reading this book." George Monbiot "De Ville and Siles-Brügge�s book is a part of this burgeoning movement for change and a model of what popular explanation of complex economic and political issues should be: Clear, concise, cogent, even handed, and a call to action." Irish Examiner "This in-depth, systematic and sober analysis – deprived of any polemics – brilliantly demystifies the mega-trade deal. It is by far the most advanced piece of political economic thinking on TTIP to date." Pierre Defraigne, Executive Director, College of Europe Foundation "The TTIP has been hailed as Europe�s growth strategy out of the economic crisis. The critics meanwhile deride it as a job-killing machine that will serve the interests only of US multinationals. This useful and informative book brings the debate down to earth. While underlining the huge uncertainty that exists over likely outcomes, it shows that both sides overstate their case. It concludes that the treaty�s main impact will be to reinforce an existing trend whereby trade goals are increasingly narrowing the space for the articulation of domestic rules and regulations." Dani Rodrik, Harvard University "This convincingly argued and highly readable book is a much-needed intervention in the heated debate on the Transatlantic Trade and Investment Partnership (TTIP) between the EU and the USA. It is a must-read for all those trying to understand what is at stake in this free trade agreement which has sparked such controversy on both sides of the Atlantic." Brigitte Young, University of Münster "A balanced and informative account of the Trans-Atlantic Trade and Investment Partnership and its implications for the economy and society. This book will be a valuable resource for anyone trying to assess the TTIP with open eyes." Dean Baker, Co-Director, Center for Economic and Policy ResearchTable of Contents Acknowledgements List of tables and figures List of abbreviations Introduction 1 Growth and Jobs 2 Setting Global Standards 3 The Bottom Line: Cutting Red Tape 4 Challenging TTIP Conclusion: seizing the TTIP moment Notes References Index

    £12.99

  • Legal Perspectives on Sustainability

    Bristol University Press Legal Perspectives on Sustainability

    Book SynopsisThis important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.Trade Review“Sustainability, though ubiquitous in modern discourse, remains contested in theory and praxis. This collection offers insightful coverage of challenges in operationalising sustainability in principle and in key areas of law.” * Karen Morrow, Swansea University *Table of ContentsIntroduction PART 1: SUSTAINABILITY THROUGH HISTORY Sustainability and Law: An historical and theoretical overview ~ Margherita Pieraccini and Tonia Novitz Agenda 2030 and the Sustainable Development Goals: ‘responsive, inclusive, participatory and representative decision-making’? ~ Tonia Novitz and Margherita Pieraccini PART 2: CORPORATE GOVERNANCE Accounting for Climate Change: Rethinking the chaotic corporate reporting landscape and its purpose with the UK’s failure as a case study ~ Charlotte Villiers and Georgina Tsagas Sustainable Corporate Governance: trimming or sowing? ~ Nina Boeger PART 3: TRADE The International Trade Regime and SDG 2: Reforming Agricultural Markets for Food Security ~ Clair Gammage Social Sustainability, Labour and Trade: Forging Connections ~ Tonia Novitz PART 4: PLACES Land Ownership, Use and Sustainability in a Pluriverse ~ Chris Willmore Sustainability and marine conservation law ~ Margherita Pieraccini

    £75.99

  • The Standard of Review in WTO Dispute Settlement:

    Edward Elgar Publishing Ltd The Standard of Review in WTO Dispute Settlement:

    4 in stock

    Book Synopsis'Applying the proper standard of review has been a vexing issue for WTO panels and Members alike. As in national systems, the degree to which the reviewing body (here the panel) defers to the investigating authority is frequently controversial. Dr. Becroft has provided a thorough analysis of the WTO jurisprudence to date, identified the shortcomings of the present approach and offered a thoughtful series of recommendations for formulating a new and better standard of review.' - David A. Gantz, The University of Arizona This detailed book critiques how the World Trade Organization scrutinizes domestic measures to determine compliance with the WTO Agreements. This scrutiny, known as the standard of review, is particularly relevant when WTO panels are examining measures involving controversial domestic policy issues. The author argues that the current WTO standard of review is inadequate and a flexible standard based on the responsibilities that WTO members have retained for themselves under the WTO Agreements is preferable. This new standard of review would better reflect the autonomy contemplated for members under the WTO rules and reduce scope for the contention that the WTO overreaching its mandate. This work provides a foundation for mediating relations between states and the WTO, and similar international organizations. It will be of great interest to scholars and practitioners in the fields of law and international relations with an interest in international economic law, the WTO or international organizations in general.Trade ReviewThis is an important book and should be considered to be on the required reading list of anyone professionally involved in dispute settlement at the WTO. The standard of review is at the core of the dispute settlement process and Ross Becroft has made a major contribution with his comprehensive and insightful analysis and suggestions for a new standard of review for the future. --Andrew Stoler, Executive Director, Institute for International Trade and former WTO Deputy Director-GeneralRoss Becroft has produced a solid monograph which adds to the existing literature on the correct standard of review to be applied by a WTO panel. Becroft's work is well-research and written and his analysis is straight-forward and comprehensive. His call for a new standard of review is well thought out, creative and feasible. Becroft's book is recommended reading for those interested in the workings and decision-making in WTO dispute settlement. --Bryan Mercurio, The Chinese University of Hong KongFor international lawyers and scholars in the field of international relations and economic law, including those with a special interest in the workings of the WTO and international organizations generally, this book is quite a find. . . Within its 250 or so pages, this excellent monograph encapsulates in a single volume at least eight years of the author's research. If you are doing research of your own in this wide ranging area, this book's fourteen page bibliography alone will prove absolutely invaluable. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface 1. Introduction 2. The Development of the WTO Standard of Review 3. Alternative Models and Principles for the Development of a WTO Standard of Review 4. A New General Standard of Review 5. Modification of the General Standard of Review 6. The Application of a New Standard of Review to the Trade Remedy Agreements 7. The Application of a New Standard of Review to Selected Non-trade Remedy Agreements 8. Conclusion Bibliography Index

    4 in stock

    £100.00

  • International Investment Law and Soft Law

    Edward Elgar Publishing Ltd International Investment Law and Soft Law

    7 in stock

    Book SynopsisThis important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favored-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, government investment treaty negotiators and arbitration practitioners. Contributors: A.K. Bjorklund, G. Cordero-Moss, M.G. Desta, M. Hirsch, K. Miles, A. Reinisch, E. Sipiorski, C. Tietje, A.R. ZieglerTrade Review'[A] text that should be useful and interesting to readers outside the international investment community, and which is an excellent primer on soft law and its usefulness in international problem solving generally.' --Nicholas Turner, American Society of International Law'[T]he book covers an exceptionally wide range of issues in the process of examining the topic of investment law and soft law. If you're involved in investment law, or government investment treaty negotiations, or arbitration proceedings - or if you have an interest in international law and legal theory, you would do well to acquire this erudite and timely work of reference.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: 1. Introduction: The ILA Study Group on the Role of Soft Law Instruments in International Investment Law Andrea K. Bjorklund and August Reinisch 2. Sources of International Investment Law Moshe Hirsch 3. Soft Law in International Law: An Overview Melaku Geboye Desta 4. Assessing the Effectiveness of Soft Law Instruments in International Investment Law Andrea K. Bjorklund 5. Soft Law Instruments in Environmental Law: Models for International Investment Law? Kate Miles 6. Soft Law Codifications in the Area of Commercial Law Giuditta Cordero-Moss 7. GATT/WTO Law and International Standards: An Example of Soft Law Instruments Hardening Up? Melaku Geboye Desta 8. The Evolution of Investment Protection Based on Public International Law Treaties: Lessons to be Learned Christian Tietje and Emily Sipiorski 9. Is the MFN Principle in International Investment Law Ripe for Multilateralization or Codification? Andreas R. Ziegler 10. Is Expropriation Ripe for Codification? The Example of the Non-Discrimination Requirement for Lawful Expropriations August Reinisch 11. Soft Codification of International Investment Law August Reinisch and Andrea K. Bjorklund Index

    7 in stock

    £121.00

  • The Law and Policy of Harmonisation in Europe’s

    Edward Elgar Publishing Ltd The Law and Policy of Harmonisation in Europe’s

    Book SynopsisAt times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maletic forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.'- Hans Micklitz, European University Institute, Italy'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.'- Veerle Heyvaert, London School of Economics, UKThis innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process.Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards.This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration.Contents: Foreword Introduction 1. The Harmonisation of the Internal Market 2. EU Competence in the Internal Market 3. Regulatory Differentiation in the Internal Market 4. The Harmonisation Model Under Article 114 TFEU in Practice 5. Appraisal and Reform Proposals Bibliography IndexTrade ReviewDespite all the buzz around the single currency, the heart of the EU edifice remains the internal market. Isidora Maletic's book is an outstanding contribution of original scholarship that makes this edifice look more solid than ever. By exploring the theory and practice of the archetype legal basis for EU regulatory action, this book dispels the ubiquitous claim that national derogations from European standards are reflective of a weak integration process and convincingly argue that national regulatory differentiation may instead provide opportunities for reflexive learning and risk prevention. The law and policy of harmonisation is European internal market's scholarship at its best and ought to be essential reading to all scholars interested in the dynamics of EU integration. --- Alberto Alemanno, HEC Paris, France and Editor, European Journal of Risk RegulationTable of ContentsContents: Foreword by Professor Sir Francis Jacobs KCMG QC Introduction 1. The Harmonisation of the Internal Market 2. EU Competence in the Internal Market 3. Regulatory Differentiation in the Internal Market 4. The Harmonisation Model Under Article 114 TFEU in Practice 5. Appraisal and Reform Proposals Bibliography Index

    £94.00

  • Fairness in Law and Economics

    Edward Elgar Publishing Ltd Fairness in Law and Economics

    5 in stock

    Book SynopsisAlthough the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. This title contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models and then turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. It presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important.Trade Review‘A growing literature probes the relationship between fairness and economic analysis, including work by luminaries such as Arrow and Sen. Fairness in Law and Economics provides an invaluable collection of the key papers on fairness by economists and legal scholars. This volume would be a great starting point for anyone interested in the field.’ -- Daniel A. Farber, University of California at Berkeley, USTable of ContentsContents: Acknowledgements Introduction Lee Anne Fennell and Richard H. McAdams PART I FAIRNESS PREFERENCES AND CONSEQUENCES: POSITIVE ANALYSIS A Fairness Preferences and Beliefs 1. Matthew Rabin (1993), ‘Incorporating Fairness into Game Theory and Economics’ 2. Joseph Henrich, Robert Boyd, Samuel Bowles, Colin Camerer, Ernst Fehr, Herbert Gintis and Richard McElreath (2001), ‘In Search of Homo Economicus: Behavioral Experiments in 15 Small-Scale Societies’ 3. Pamela Jakiela (2011), ‘Social Preferences and Fairness Norms as Informal Institutions: Experimental Evidence’ 4. Armin Falk and Urs Fischbacher (2006), ‘A Theory of Reciprocity’ 5. Jeffrey P. Carpenter (2007), ‘The Demand for Punishment’ 6. Armin Falk, Ernst Fehr and Urs Fischbacher (2008), ‘Testing Theories of Fairness—Intentions Matter’ 7. Alberto Alesina and George-Marios Angeletos (2005), ‘Fairness and Redistribution’ B Consequences of Fairness and Unfairness 1. Effects on Prices, Bargaining and Settlement 8. Daniel Kahneman, Jack L. Knetsch and Richard Thaler (1986), ‘Fairness as a Constraint on Profit-Seeking: Entitlements in the Market’ 9. Linda Babcock, George Loewenstein, Samuel Issacharoff and Colin Camerer (1995), ‘Biased Judgments of Fairness in Bargaining’ 10. Amy Farmer and Paul Pecorino (2004), ‘Pretrial Settlement with Fairness’ 2. Effects on Legal Compliance 11. Tom R. Tyler (1997), ‘Procedural Fairness and Compliance with the Law’ 12. Bruno S. Frey, Matthias Benz and Alois Stutzer (2004), ‘Introducing Procedural Utility: Not Only What, but Also How Matters’ 13. Marius van Dijke and Peter Verboon (2010), ‘Trust in Authorities as a Boundary Condition to Procedural Fairness Effects on Tax Compliance’ 14. Richard H. McAdams (2010), ‘Economic Costs of Inequality’ PART II. RECONCILING FAIRNESS AND EFFICIENCY: NORMATIVE ANALYSIS A. Frameworks and Tradeoffs 15. Amartya Sen (1996), ‘On the Foundations of Welfare Economics: Utility, Capability, and Practical Reason’ 16. Kenneth J. Arrow (1979), ‘The Trade-off Between Growth and Equity’ 17. Elizabeth Anderson (2008), ‘How Should Egalitarians Cope with Market Risks?’ B The ‘Fairness versus Welfare’ Debate 18. Louis Kaplow and Steven Shavell (1999), ‘The Conflict between Notions of Fairness and the Pareto Principle’ 19. Louis Kaplow and Steven Shavell (2001), ‘Any Non‐Welfarist Method of Policy Assessment Violates the Pareto Principle’ 20. Richard Craswell (2003), ‘Kaplow and Shavell on the Substance of Fairness’ 21. Jeremy Waldron (2003), ‘Locating Distribution’ 22. Lewis A. Kornhauser (2003), ‘Preference, Well‐Being, and Morality in Social Decisions’ 23. Louis Kaplow and Steven Shavell (2003), ‘Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice’ 24. Gillian K. Hadfield (2005), ‘Feminism, Fairness, and Welfare: An Invitation to Feminist Law and Economics’ C Redistributing Through Taxes versus Legal Rules 25. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 26. Christine Jolls (1998), ‘Behavioral Economics Analysis of Redistributive Legal Rules’ 27. Chris William Sanchirico (2000), ‘Taxes versus Legal Rules as Instruments for Equity: A More Equitable View’ 28. Louis Kaplow and Steven Shavell (2000), ‘Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income’ PART III. SELECTED APPLICATIONS A. Fairness and Efficiency in Policy Design 29. H. Peyton Young (1995), ‘Dividing the Indivisible’ 30. Matthew D. Adler (2008), ‘Risk Equity: A New Proposal’ 31. David Weisbach and Cass R. Sunstein (2009), ‘Climate Change and Discounting the Future: A Guide for the Perplexed’ B. Fairness and Efficiency Across Doctrinal Areas 1. Tax Policy 32. Boris I. Bittker (1979), ‘Equity, Efficiency, and Income Tax Theory: Do Misallocations Drive Out Inequities?’ 2. Property 33. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of "Just Compensation" Law’ 3. Contracts 34. Ernst Fehr, Oliver Hart and Christian Zehnder (2011), ‘Contracts as Reference Points – Experimental Evidence’ 4. Torts 35. Henrik Lando (1997), ‘An Attempt to Incorporate Fairness into an Economic Model of Tort Law’ 5. Criminal Law 36. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Fairness of Sanctions: Some Implications for Optimal Enforcement’ 6. Family Law 37. Jon Elster (1987), ‘Solomonic Judgments: Against the Best Interests of the Child’

    5 in stock

    £397.00

  • Research Handbook on the WTO Agriculture

    Edward Elgar Publishing Ltd Research Handbook on the WTO Agriculture

    Book SynopsisAgriculture has been the unruly horse of the GATT/WTO system for a long time and efforts to halter it are still ongoing. This Research Handbook focuses on aspects of agricultural production and trade policy that are recognized for their importance but are often kept out of the limelight, such as the implication of national and international agricultural production and trade policies on national food security, global climate change, and biotechnology. It provides a summary of the state of the WTO agriculture negotiations as well as the relevant jurisprudence, but also, and uniquely, it focuses on the new and emerging issues of agricultural trade law and policy that are rarely addressed in the existing literature. With contributions from a multi-disciplinary team of leading analysts from around the world, this Research Handbook will appeal to trade negotiators, international trade law and policy academics as well as postgraduate students in the field. Contributors include: K. Anderson, D. Blandford, M. Cardwell, I. Carreno, M.G. Desta, G. Dutfield, C. Haberli, L.A. Jackson, T. Josling, E. Laurenza, A. Matthews, J.A. McMahon, F. Smith, S. SwitzerTrade Review'A particular strength of this collection is the multidisciplinary perspective which is brought to bear on international agricultural trade law. It provides a valuable resource for scholars and policymakers in this critical area.' --Michael Blakeney, International Trade Law and Regulation'The range of topics covered in this volume is multi-faceted and various. . . Practitioners with clients involved in agri-business will be particularly interested in the broad spectrum of matters discussed, as will trade negotiators, policy advisors and graduate students in this vital and fascinating field.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Joseph A. McMahon and Melaku Geboye Desta 1. The Agreement on Agriculture: Setting the Scene Joseph A. McMahon and Melaku Geboye Desta 2. Food Security and International Agricultural Trade Regulation: Old Problems, New Perspectives Fiona Smith 3. Do WTO Rules Improve or Impair the Right to Food? Christian Häberli 4. The Impact of WTO Agricultural Trade Rules on Food Security and Development: An Examination of Proposed Additional Flexibilities for Developing Countries Alan Matthews 5. Plant Intellectual Property, Food Security and Human Development: Institutional and Legal Considerations, and the Need for Reform Graham Dutfield 6. GMOs: Trade and Welfare Impacts of Current Policies and Prospects for Reform Kym Anderson and Lee Ann Jackson 7. Addressing the Solution of SPS and TBT Matters through Trade Negotiations Eugenia Laurenza and Ignacio Carreño 8. Private Standards and Trade Tim Josling 9. Climate Change Policies for Agriculture and WTO Agreements David Blandford 10. Biofuels, Food Security and the WTO Agreement on Agriculture Stephanie Switzer 11. Stretching the Boundaries of Multifunctionality? An Evolving Common Agricultural Policy within the World Trade Legal Order Michael Cardwell Index

    £43.65

  • Handbook on the Law of Cultural Heritage and

    Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and

    2 in stock

    Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index

    2 in stock

    £212.00

  • Intellectual Property at the Crossroads of Trade

    Edward Elgar Publishing Ltd Intellectual Property at the Crossroads of Trade

    3 in stock

    Book SynopsisIntellectual Property at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition.The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonization in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.Contributors include: M. Barczewski, D. Beldiman, I. Calboli, J. de Werra, J. Drexl, C. Geiger, G. Mazziotti, C.R. McManis, J. Pelletier, I. Stamatoudi, S. Sykuna, P. Torremans, G. WestkampTable of ContentsContents: Foreword PART I: IP LICENSING, EXHAUSTION AND COMPETITION LAW 1. EU Competition Law and Parallel Trade in Pharmaceuticals: Lessons to be Learned for WTO/TRIPS? Josef Drexl 2. Cross-border Licensing in the Absence of a Choice of Law: Is There a Way Forward? Paul Torremans 3. Emerging Escape Clauses? Online Exhaustion, Consent and European Copyright Law Guido Westkamp 4. An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (and its Impact on International Trade) Irene Calboli 5. The Need to Harmonize Intellectual Property Licensing Law: A European Perspective Jacques de Werra 6. Commercialization of Genetic Resources: Leveraging Ex Situ Genetic Resources to Shape Downstream IP Protection Dana Beldiman 7. Managing Online Music Rights in the European Digital Single Market: Current Scenarios and Future Prospects Giuseppe Mazziotti PART II: ASPECTS OF THE ANTI-COUNTERFEITING TRADE AGREEMENT 8. The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union? Christophe Geiger 9. Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting Trade Agreement (ACTA) Charles R. McManis and John S. Pelletier 10. ACTA, Internet Service Providers and the Acquis Communautaire Irini Stamatoudi 11. ACTA and Access to Medicines in the Perspective of Theory of Hard Cases Maciej Barczewski and Sebastian Sykuna Index

    3 in stock

    £111.00

  • Trademark Protection and Territoriality

    Edward Elgar Publishing Ltd Trademark Protection and Territoriality

    Book SynopsisThere is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.'- Daniel J. Gervais, Vanderbilt University Law School, US'Trademark law is territorial but trademarks, like trade, are increasingly global. Trademark owners often operate in worldwide markets where they are confronted with varying territorial legal rules about registration and even use of their trademarks. This apparent dichotomy between trade without borders and trademark laws with borders creates many challenging legal and practical issues which this volume tackles. This outstanding collection offers both specialists and novices insights into this complex topic. The editors are to be commended for their foresight in bringing this collection together.'- Susy Frankel Victoria, University of Wellington, New Zealand'The growing globalization of trade increases the challenges faced by trademark owners in the territories where they operate or plan to expand. Trademark owners thus have to find ways to solve the tension between global markets and territorial regimes of protection, which is precisely what this book explores from different angles and what makes it an essential work in today's borderless and brand-based economy. The result is a remarkable collection of original and thought-provoking chapters, which masterfully discuss the challenges and opportunities that the global economy presents, and will continue to present, for the territorial acquisition and enforcement of trademark rights.'- Jacques de Werra, University of Geneva, SwitzerlandAs the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field.The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names. A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context.Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource.Contributors include: G.W. Austin, I. Calboli, L. Chan Grinvald, M. Chon, D.C.K. Chow, G.B. Dinwoodie, C.H. Farley, L.C. Grinvald, M. LaFrance, M.A. Leaffer, E. Lee, J. Lipton, L.A.W. Lockridge, D.E. Long, P.-E. Moyse, M. Wong, P.K. Yu, D. Zografos JohnssonTrade Review'This lively and scholarly edited collection is published as part of Edward Elgar's Intellectual Property and Global Development Series. . .The editors are to be congratulated on their thoughtful choice and grouping of contributions to this timely volume. The writing is of a consistently high standard, is well referenced and likely to prompt further research. The book is handsomely produced as one expects of Edward Elgar publications. A table of cases and legislative instruments would have been useful: some but by no means all of these are, however, listed in the general index . The book deserves a wide readership among trade mark lawyers and a place on international intellectual property law syllabi.' --Professor Norma Dawson, European Intellectual Property Review'This book is essential reading for attorneys who represent clients involved in disputes involving foreign trademarks, geographic designations for products, or gray market goods, or whose trademark practice includes the acquisition and enforcement of trademark rights in foreign lands. It also serves as a valuable and illuminating resource for scholars, legislators, judges, trademark office regulators, and anyone else considering whether the territorial model of trademark law is an ''anachronism'' in today's global marketplace. . . . This informative book should be part of the legal toolkit of any practicing trademark attorney, and will likely influence future trademark policy and scholarship. The chapters provide an excellent overview of various legal issues that are critical to the global practice of trademark law today. The authors' original legal analysis and practical solutions to the problems set forth in the chapters are an important contribution to the complex and challenging field of international, comparative, and transnational trademark law.' --Lisa P. Ramsey, The IP Law Book Review'The legal and practical challenges created by the apparent tension between the operation of trade mark laws and the borderless nature of a brand-based economy is explored throughout this book. . . . it has contributions from writers across the globe, providing a more balanced overview of the way this issue impacts different countries.' --Sharon Givoni, Sharon Givoni ConsultingTable of ContentsContents: Foreword Graeme Dinwoodie PART I: INTRODUCTION 1. The Inevitability of ‘Territoriality Challenges’ in Trademark Law Graeme W. Austin PART II: TERRITORIAL NORMS AND (GLOBAL) WELL-KNOWN MARKS 2. Protection of Well-Known Marks: A Transnational Perspective Marshall A. Leaffer 3. Interactivity, Territoriality, and Well-Known Marks Leah Chan Grinvald 4. The Pan-American Trademark Convention of 1929: A Bold Vision of Extraterritorial Meets Current Realities Christine Haight Farley PART II: PROTECTING QUALITY AND IDENTITY IN THE GLOBAL ECONOMY 5. Marks and More(s): Certification in Global Value Chains Margaret Chon 6. Branding the Land: Creating Global Meanings for Local Characteristics Doris Estelle Long 7. Signs Beyond Borders: Moving from Commodity to Differentiated Exports in the Coffee Industry Daphne Zografos Johnsson PART III: TERRITORIALITY, EXHAUSTION OF RIGHTS, AND GRAY MARKET PRODUCTS 8. The (Avoidable) Effects of Territorially Different Approaches to Trademark and Copyright Exhaustion Irene Calboli 9. Avoiding Mutant Trademarks: A Statutory Exclusion for Copyrighted Accessories to Parallel Imports Mary LaFrance 10. ‘La Confusion des Genres’: Logos and Packaging as Copyrighted Works Pierre-Emmanuel Moyse PART IV: (NATIONAL) TRADEMARK ENFORCEMENT CHALLENGES 11. Territoriality (Mis)Understood: Enforcing Well-Known Foreign Marks in the United States Lee Ann W. Lockridge 12. The Curious Case of Fake Beijing Olympics Merchandise Peter K. Yu 13. Trademark Enforcement in Developing Countries: Counterfeiting as an Externality Imposed by Multinational Companies Daniel C.K. Chow PART V: TRADEMARK TERRITORIALITY AND THE REGULATION OF CYBERSPACE 14. Trademarks, Free Speech, and ICANN’s New gTLD Process Jacqueline Lipton and Mary Wong Index

    £121.00

  • Climate Change and International Trade

    Edward Elgar Publishing Ltd Climate Change and International Trade

    3 in stock

    Book SynopsisRafael Leal-Arcas expertly examines the interface of climate change mitigation and international trade law with a view to addressing the question: How can we make best use of the international trading system experience to aim at a global climate change agreement?The insightful book contributes to developing the architecture for a post­2012 global climate agreement and, in doing so, seeks and proposes new approaches to climate change mitigation by linking it to the international trade system. The author suggests the adoption of a bottom-up approach to climate change negotiations by using the evolution of multilateral trade agreements as a model for reaching a global climate treaty. He discusses the innovative approach of inserting climate goals within regional trade agreements, given their proliferation - especially bilateral - in the international trading system. He explains the trade implications of climate change mitigation policies by analyzing a couple of areas where the international regimes for trade and climate change mitigation may potentially clash.Climate Change and International Trade will strongly appeal to undergraduate and graduate students of international and European trade law, international and European environmental law as well as social science academics. NGOs, think tanks, practitioners, researchers, and international organizations will also find plenty of valuable information in this timely resource.Contents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography IndexTrade ReviewA seminal work of impressive scholarship, Climate Change and International Trade>/i> is enhanced with an extensive bibliography, figures and charts, and a comprehensive index, making it an invaluable and highly recommended addition to professional, governmental, and academic library environmental studies and international business reference collections and supplemental reading lists. --The Midwest Book ReviewTable of ContentsContents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography Index

    3 in stock

    £150.00

  • Eurasian Economic Integration: Law, Policy and

    Edward Elgar Publishing Ltd Eurasian Economic Integration: Law, Policy and

    5 in stock

    Book SynopsisEurasian Economic Integration has arrived at just the right time. The Asia-Europe economic region is undergoing major changes. With the strengthening of the Chinese economy and the crisis with the euro, the economic balance is shifting. Meanwhile, questions about the future of the economies in the post-Soviet region are arising. The new order now being attempted under Russia's leadership could take on considerably more significance. Kataryna Wolczuk and Rilka Dragneva have brought together a first-class team of experts who are investigating these developments. As a result, we now have a study describing the Eurasian structures currently taking shape and their consequences for the countries involved, the WTO and neighbouring countries in the East and West. This precise and timely study upholds high standards of scholarship and offers political actors an excellent analysis, which will enable them to adapt European policy to the processes playing out in Eurasia.'- Henning Schröder, Stiftung Wissenschaft und Politik, Berlin, Institute for East-European Studies, Free University Berlin, Germany'This book spectacularly delivers on what it promises, providing a comprehensive, clearly structured and theoretically informed study of the latest round of integration efforts in post-Soviet Eurasia. Bringing together an impressive range of contributors, each of whom is a notable expert in their field, this will undoubtedly become a classic path-breaking study of regionalism in a part of the world that is unjustly neglected.'- Richard Sakwa, University of Kent, UKIn this well-researched and detailed book, the editors provide an extensive and critical analysis of post-Soviet regional integration. After almost two decades of unfulfilled integration promises, a new - improved and functioning - regime emerged in the post-Soviet space: the Eurasian Customs Union between Russia, Belarus and Kazakhstan (ECU).The contributors seek to explain this puzzling and politically significant development by examining the ECU's origins, institutional architecture, key driving forces and emerging implications. Their investigation reveals that the ECU is an ambitious and fast moving project in deep economic integration, yet its legal design is complex and member states are driven by a precarious balance of diverse motives. Nevertheless, as the contributions to the volume indicate, the emergence of the ECU already carries important external implications, especially for the EU s strategy in the post-Soviet space.Being the first comprehensive and systematic study of the new Eurasian economic integration regime, this book will appeal to academics and students of regional integration, international relations and international law, Russian studies, Post-Soviet politics, as well as Central Asian studies.Contributors: R. Connolly, J. Cooper, L. Delcour, R. Dragneva, M. Frear, H. Haukkala, N. Kassenova, S. Malle, K. WolczukTrade Review‘Eurasian Economic Integration has arrived at just the right time. The Asia-Europe economic region is undergoing major changes. With the strengthening of the Chinese economy and the crisis with the euro, the economic balance is shifting. Meanwhile, questions about the future of the economies in the post-Soviet region are arising. The new order now being attempted under Russia’s leadership could take on considerably more significance. Kataryna Wolczuk and Rilka Dragneva have brought together a first-class team of experts who are investigating these developments. As a result, we now have a study describing the Eurasian structures currently taking shape and their consequences for the countries involved, the WTO and neighbouring countries in the East and West. This precise and timely study upholds high standards of scholarship and offers political actors an excellent analysis, which will enable them to adapt European policy to the processes playing out in Eurasia.’ -- Henning Schröder, Stiftung Wissenschaft und Politik, Berlin, Institute for East-European Studies, Free University Berlin, Germany‘This book spectacularly delivers on what it promises, providing a comprehensive, clearly structured and theoretically informed study of the latest round of integration efforts in post-Soviet Eurasia. Bringing together an impressive range of contributors, each of whom is a notable expert in their field, this will undoubtedly become a classic path-breaking study of regionalism in a part of the world that is unjustly neglected.’ -- Richard Sakwa, University of Kent, UKTable of ContentsContents: Preface 1. The Eurasian Customs Union: Framing the Analysis Rilka Dragneva and Kataryna Wolczuk PART I: LEGAL AND INSTITUTIONAL FRAMEWORK OF THE ECU 2. The Development of Eurasian Economic Integration Julian Cooper 3. The Legal and Institutional Dimensions of the Eurasian Customs Union Rilka Dragneva 4. Russia, the Eurasian Customs Union and the WTO Richard Connolly PART II: THE ECU AS VIEWED FROM THE MEMBER STATES 5. Russia and the Eurasian Customs Union Julian Cooper 6. Russia, the Eurasian Customs Union and the Asian Dimension Silvana Malle 7. Belarus: Player and Pawn in the Integration Game Matthew Frear 8. Kazakhstan and Eurasian Economic Integration: Quick Start, Mixed Results and Uncertain Future Nargis Kassenova PART III: THE ECU AND ITS RAMIFICATIONS FOR THE EUROPEAN UNION 9. The Impact of the Eurasian Customs Union on EU–Russia Relations Hiski Haukkala 10. Eurasian Economic Integration: Implications for the EU Eastern Policy Laure Delcour and Kataryna Wolczuk 11. Commitment, Asymmetry and Flexibility: Making Sense of Eurasian Economic Integration Rilka Dragneva and Kataryna Wolczuk Appendix 1. Regional Integration Initiatives and Organizations in the Post-Soviet Space Appendix 2. Post-Soviet Countries’ Applications and Accessions to the WTO Index

    5 in stock

    £100.00

  • Trade Liberalisation and International

    Edward Elgar Publishing Ltd Trade Liberalisation and International

    5 in stock

    Book SynopsisThis book provides a detailed analysis of major legal and public policy issues arising from the Trans-Pacific Partnership Agreement (TPP) - a treaty that will dramatically change the landscape of international trade, with effects that will be felt on a global scale.Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as development, health and the environment, as well as more specific areas such as agriculture and services, and controversial questions of intellectual property, investment and dispute settlement under the agreement.With an analytical focus on broad principles and enduring issues arising from the TPP, this informative book will appeal to academics, government advisors, NGOs, and students of law, economics, and international relations. Legal practitioners will also find much of interest in this book.Contributors: W.-M. Choi, D. Elms, D. Kotlowitz, M. Lewis, J. Meltzer, A. Mitchell, J. Munro, R. Polanco, M. Rimmer, L. Trakman, T. Voon, K. WeatherallTrade ReviewProfessor Tania Voon has assembled a stellar team of authors to produce one of the first collections analysing the Trans-Pacific Partnership (TPP) - the world's most important and perhaps controversial contemporary trade agreement - from the legal perspective. Written and published before the conclusion of the negotiations, the collection provides preliminary analysis of the broader legal and policy issues at play during the negotiations. These issues will undoubtedly remain important following the conclusion of the negotiations. The snapshot provided by this collection will remain valuable long after the TPP comes into force. --Bryan Mercurio, The Chinese University of Hong KongTable of ContentsContents: 1. Introduction: National Regulatory Autonomy and the Trans-Pacific Partnership Agreement Tania Voon 2. Coping with Proliferating Preferential Rules of Origin and the TPP’s Role in their Harmonisation Won-Mog Choi 3. The Trans-Pacific Partnership Agreement and Development Meredith Kolsky Lewis 4. The TPP as a Case Study of Changing Dynamics for International Intellectual Property Negotiations Kimberlee Weatherall 5. Plain Packaging for the Pacific Rim: Tobacco Control and the Trans-Pacific Partnership Matthew Rimmer 6. Agriculture and the Trans-Pacific Partnership Negotiations Deborah Elms 7. Services in the TPP: A Case Study of Telecommunications Danny Kotlowitz and Tania Voon 8. State-State Dispute Settlement under the Trans-Pacific Partnership Agreement Andrew D Mitchell and James Munro 9. Investor-State Dispute Settlement under the Trans-Pacific Partnership Agreement Leon E Trakman 10. The Trans-Pacific Partnership Agreement, the Environment and Climate Change Joshua P Meltzer 11. The Trans-Pacific Partnership Agreement and Regulatory Coherence Rodrigo Polanco Bibliography Index

    5 in stock

    £111.00

  • The Preferential Liberalization of Trade in

    Edward Elgar Publishing Ltd The Preferential Liberalization of Trade in

    2 in stock

    Book SynopsisServices account for three quarters of GDP in many countries but less than a quarter of global trade. This insightful volume assesses recent evidence on services trade barriers, the extent to which preferential trade agreements liberalize trade in services and whether such liberalization benefits only participants or extends to non-member countries. It provides an excellent overview of the state of knowledge in this important area, as well as a number of detailed case studies of recent trade agreements that include services.'- Bernard Hoekman, European University Institute, Italy'Sky-high barriers to services trade are the foremost obstacle confronting 21st century trade ministers and create a major impediment to global growth. Ministers have made commendable progress in several regional trade agreements but not much in the World Trade Organization. This volume charts the terrain and provides an essential guide to the achievements and shortcomings of preferential liberalization.'- Gary Clyde Hufbauer, Peterson Institute for International Economics, USThis book fills an important gap in the trade literature by offering a comprehensive cross-regional comparison of approaches to preferential market opening and rule-making in the area of trade in services. Chronicling the spectacular recent rise of preferential trade agreements (PTAs) in services and with contributions from some of the world's leading experts, the book examines the forces shaping the demand for preferences in services trade. It asks whether and how preferential advances differ from, go further than, and might ultimately inform the development of multilateral disciplines on services under the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS).The book's core focus is on comparative scholarship, directing attention to the substantive features of services PTAs around the globe and exploring the iterative nature of rule-making and market opening in a still nascent field of trade diplomacy. It advances a number of ideas on how to multilateralize PTA advances in services and takes stock of the likely impact on the WTO system of ongoing attempts at crafting a plurilateral agreement on trade in services.Trade negotiators and policy officials working in the field of trade and investment in services as well as academics in the fields of law, economics and international political economy will find much of use in this authoritative study.Contributors: S. Abeysinghe, M. Bosworth, R. Chanda, A. Mattoo, M. Robert, M. Roy, P. Sauvé, S. Stephenson, I. Streho, R. Trewin, N. WardTrade Review‘Services account for three quarters of GDP in many countries but less than a quarter of global trade. This insightful volume assesses recent evidence on services trade barriers, the extent to which preferential trade agreements liberalize trade in services and whether such liberalization benefits only participants or extends to non-member countries. It provides an excellent overview of the state of knowledge in this important area, as well as a number of detailed case studies of recent trade agreements that include services.’ -- Bernard Hoekman, European University Institute, Italy‘Sky-high barriers to services trade are the foremost obstacle confronting 21st century trade ministers and create a major impediment to global growth. Ministers have made commendable progress in several regional trade agreements but not much in the World Trade Organization. This volume charts the terrain and provides an essential guide to the achievements and shortcomings of preferential liberalization.’ -- Gary Clyde Hufbauer, Peterson Institute for International Economics, USTable of ContentsContents: Introduction and Overview Pierre Sauvé and Anirudh Shingal PART I: OVERALL TRENDS 1. Services Commitments in Preferential Trade Agreements: Surveying the Empirical Landscape Martin Roy 2. The Preferential Liberalization of Trade in Services: Economic Insights Aaditya Mattoo and Pierre Sauvé 3. Do Negotiated Agreements Foster Trade in Services? Evidence from PTAs Anirudh Shingal PART II: COMPARATIVE REGIONALISM 4. Innovative Regionalism: The Americas Sherry Stephenson and Maryse Robert 5. Services Trade in the European Union: Internal and External Approaches to Market Opening Imola Streho 6. Services Preferences in Africa: Perspectives and Challenges Pierre Sauvé and Natasha Ward 7. Mapping the Universe of Services Disciplines in Asian PTAs Rupa Chanda 8. Services Trade in South Asia: the India–Sri Lanka CEPA A.P.C. Subhashini Abeysinghe 9. Much Ado About Nothing Much? Australian PTAs in Services Malcolm Bosworth and Ray Trewin PART III: FINAL THOUGHTS 10. Reflections on the Nature of Preferences in Services Pierre Sauvé and Anirudh Shingal 11. A Plurilateral Agenda for Services? Assessing the Case for a Trade in Services Agreement (TISA) Pierre Sauvé

    2 in stock

    £145.00

  • Research Handbook on Global Justice and

    Edward Elgar Publishing Ltd Research Handbook on Global Justice and

    10 in stock

    Book SynopsisThe fairness of institutions of global economic governance ranks among the most pressing issues of our time. Most approaches to understanding the complex structure of treaties and intergovernmental organizations such as the WTO tend to uncritically accept an economic focus, highlighting gains from trade and the merits of progressive trade and investment liberalization. While the economic arguments are compelling, other ways of thinking about the roles of these institutions have received less attention. The Research Handbook fills this gap by offering a substantial interdisciplinary examination of the normative and policy underpinnings of the international economic order.The book includes specially commissioned chapters based on theories of justice, human rights, and critical legal studies, as well as on economics and the internal structure of international economic law itself, all written by leading scholars in their respective fields. The contributors offer an interdisciplinary approach to understanding the relationship between international economic law and policy and the rights and welfare of peoples across the globe. The end result is an essential point of reference for developing a comprehensive toolkit for evaluating the institutions of global economic governance.Containing extensive and significant interdisciplinary coverage of key areas of research on international economic law and policy, this Research Handbook will appeal to political scientists, philosophers, legal scholars, economists and international relations theorists.Contributors: G. Brock, B.S. Chimni, L.V. Ciko, P. Clements, C.M. Correa, F.J. Garcia, B. He, C.L. Lim, J. Linarelli, S.M. Lundan, A. Maneschi, H. Murphy, E.-U. PetersmannTable of ContentsContents: Introduction John Linarelli 1. Theories of Global Justice Gillian Brock 2. Human Rights and International Economic Law in the 21st Century Ernst-Ulrich Petersmann 3. Theories of Justice and International Economic Law Frank J. Garcia and Lindita V. Ciko 4. Regional Trade Agreements and the Poverty Agenda Chin Leng Lim 5. Multilateral Development Banks and the International Monetary Fund Paul Clements 6. Human Rights Issues in Multinational Value Chains Sarianna M. Lundan 7. Intellectual Property Rights and International Economic Governance Carlos M. Correa 8. Global Social Justice at the WTO? The Role of NGOs in Constructing Global Social Contracts Baogang He and Hannah Murphy 9. Critical Theory and International Economic Law: A Third World Approach to International Law (TWAIL) Perspective B.S. Chimni 10. International Trade Theory and Comparative Advantage Andrea Maneschi 11. Law, Rights and Development John Linarelli Index

    10 in stock

    £46.95

  • Research Handbook on Human Rights and Investment

    Edward Elgar Publishing Ltd Research Handbook on Human Rights and Investment

    Book SynopsisIn today'?s globalised world, the relationship between human rights and investment is an important societal and legal issue. This Research Handbook unravels this complex interaction and sheds light on all of its dimensions; it takes stock of the impact that investment operations can have on human rights and it examines how international law addresses, and contributes to, this complicated interplay. Taking a unique approach, the Handbook contains insightful chapters that provide analyses of specific international law regimes, with a particular focus on international investment law standards and investor-state arbitration. It also offers in-depth discussions of the corporate and home State responsibilities that can result from the activities of multinational corporations. Sectorial and regional case studies are also explored; they provide a grounding for the more theoretical aspects of the Handbook and highlight the key industries, such as the agricultural and extractive industries, that are prone to human rights violations. Academics, practitioners and policy-makers, with an interest in human rights law, international economic law and the activities of multinational corporations, will find this Research Handbook to be an important resource in their daily research and practice.Contributors include: D. Baumann-Pauly, A. Berkes, L. Boisson de Chazournes, K. Cordes, E. De Brabandere, M. Fanou, M. Hazelzet, S.M. Jastram, U. Kriebaum, J. Kyriakakis, G. Lehane, G. Lhuilier, D. Lim, J. Loutit, J. Mandelbaum, R. Mella, R. Polanco, Y. Radi, M. Tignino, R.V. Vadi, V. TzevelekosTrade Review'The Research Handbook on Human Rights and Investment provides a comprehensive and timely analysis of the various dimensions of the interplay between investment and human rights. These many dimensions, including the effect of foreign investment on a local population's human rights and international corporate responsibility for human rights violations, raise complex policy and legal questions. The Research Handbook is a welcome and important contribution to research on the controversial interplay between investment and human rights.' --Andrew Newcombe, University of Victoria, CanadaTable of ContentsContents: Preface Introduction: Taking stock of the societal and legal interplay between human rights and investment Yannick Radi PART I VIEWS FROM INTERNATIONAL LAW REGIMES 1.Human rights and international investment arbitration Ursula Kriebaum 2. Investment arbitration and human rights cases in Latin America Rodrigo Polanco and Rodrigo Mella 3. The shared territory of the ECHR and international investment law Maria Fanou and Vassilis Tzevelekos 4. Human rights, international investment law and transparency Laurence Boisson de Chazournes and Rukia Baruti 5. Human rights and investments at the WTO Valentina Vadi 6. Human Rights at the World Bank group Gwen Lehane PART II MNCs’ ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS 7. Corporate responsibility and human rights – Navigating between international, domestic and self-regulation Eric De Brabandere and Maryse Hazelzet 8. MNCs obligations in their 'sphere of influence' Gilles Lhuilier 9. International criminal responsibilities for MNCs violations of human rights Joanna Kyriakakis 10. Extraterritorial responsibility of the home States for MNCs violations of human rights Antal Berkes PART III SECTORIAL AND REGIONAL CASE STUDIES 11. Extractive industry investments and human rights Jacky Mandelbaum and Jennifer Loutit 12. Investments and human rights in the agricultural sector Kaitlin Cordes 13. Assessing human rights issues in the fashion industry – Challenges for investors Dorothée Baumann-Pauly and Sarah Margaretha Jastram 14. Private investments and the human right to water Mara Tignino 15. Investments and human rights in Asia Delphia Lim Index

    £203.00

  • Research Handbook on Transnational Labour Law

    Edward Elgar Publishing Ltd Research Handbook on Transnational Labour Law

    2 in stock

    Book SynopsisThe editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice.Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality.The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law.Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy.Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusán, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. López López, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.ZimmerTrade Review'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' --Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' --Sir Bob Hepple QC FBA, University of Cambridge, UKTable of ContentsContents: Preface PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW 1. Conceptualizing Transnational Labour Law Adelle Blackett and Anne Trebilcock PART II TRANSNATIONAL LABOUR LAW AS LAW A Transnational Labour Law’s Methods 2. Global Organizing and Domestic Constraints Ashwini Sukthankar 3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour Law Isabelle Martin 4. A ‘Dialogic’ Approach In Perspective Laurence Boisson De Chazournes 5. International Labour Indicators: Conceptual and Normative Snares Mark Barenberg 6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human Rights Anne Trebilcock B Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law 7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone Crisis Zoe Adams and Simon Deakin 8. International Financial Institutions’ Approaches to Labour Law: The Case of the International Monetary Fund Franz Christian Ebert 9. Racism and the Regulation of Migrant Labour Adrian A. Smith 10. China’s Challenge to Labour Law in both the Global North and the Global South Sean Cooney 11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in Spain Julia López López PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW A Freedom of Association in the Specificity of Labour Law 12. Pushback on the Right to Strike: Resisting the Thickening of Soft Law Janice R. Bellace 13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights Decisions Reingard Zimmer 14. Freedom of Association in Deliberative Spaces: The ILO Credentials Committee Faina Milman-Sivan 15. Freedom Of Association In International Framework Agreements Renée-Claude Drouin 16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic Workers Adelle Blackett B On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law’s Exclusions? 17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour Law Colleen Sheppard 18. Working Together Transnationally Cynthia Estlund 19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central America Graciela Bensusán 20. Constitutionalising Labour in the Inter-American System on Human Rights Rose-Marie Belle Antoine C Emerging Roles for the ILO as an Actor in Transnational Labour Law 21. ILO Normative Action In Its Second Century: Escaping The Double Bind? Francis Maupain 22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’ Claire La Hovary 23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour Organization Janelle M. Diller 24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields Aimée Asante and Ben Chigara PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL A Thickening Soft Law? ‘Privatising’ or Infusing Transnational Labour Law with Public International Law Norms? 25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer Imaginary Kevin Kolben 26. Thickening Soft Law Through Consumocratic Law: A Pragmatic Approach P. Martin Dumas 27. Diffusion and Leveraging of Transnational Labour Norms by the OECD Jean-Marc Thouvenin 28. The Use of Arbitration to Decide International Labour Issues Kathleen Claussen B Beyond WTO Linkage: Emerging Directions and Social Regionalism 29. What The World Trade Organization Learned From The International Labour Organization Steve Charnovitz 30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural Workers Jo Hunt 31. Private International Law Rules for Transnational Employment: Reflections from the European Union Aukje Van Hoek 32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution Mechanisms Pamhidai H. Bamu and Rutendo Mudarikwa 33. Labour Rights and Trade Agreements in the Americas Paula Church Albertson and Lance Compa C The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification 34. Trading in Services – Commodities and Beneficiaries Tonia Novitz 35. The Curious Incident of the ILO, Myanmar and Forced Labour Brian Langille 36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced Labour Jean Allain 37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International Responses Aristide Nononsi 38. A Transnational Law of Just Transitions for Climate Change and Labour David J. Doorey Index

    2 in stock

    £241.00

  • Research Handbook on the WTO and Technical

    Edward Elgar Publishing Ltd Research Handbook on the WTO and Technical

    20 in stock

    Book SynopsisCongratulations on an outstanding book on the WTO TBT Agreement! International regulations and standards reflect societies' fundamental choices. Regulating and monitoring them is complex, and the renowned co-authors of this book have well understood the multi-faceted matters at stake. In this book, world experts have seized a unique opportunity provided by the wealth of recent TBT jurisprudence to analyse the different dimensions of the TBT Agreement, a WTO agreement little discussed up to now. WTO experts as well as anyone interested in the reach of WTO law into the balance between national sovereignty and the need for international co-operation must read this book.'- Gabrielle Marceau, WTO, Legal Affairs Division, UNIGE and Graduate Institute, Geneva, SwitzerlandA relatively new frontier for legal and policy analysis, technical barriers to trade (TBT's) have become more common as traditional border barriers have been reduced. This comprehensive Handbook comprises original essays by eminent trade scholars exploring the implications of the WTO's TBT Agreement.The TBT Agreement imposes disciplines on the manner in which WTO member countries adopt and maintain technical measures, recognizing the importance of such measures to advance legitimate domestic policy goals such as health, safety and environmental objectives, but also the potential for technical measures to constitute barriers to trade. The contributors to this volume provide an in-depth examination of the text of the Agreement and how the WTO's dispute settlement system, the TBT Committee, WTO members, and other international organizations have engaged with and been affected by it.The book's comprehensive and accessible approach makes it a first point of reference for all trade law practitioners, policymakers and regulators. For scholars and students, the Handbook will prove essential reading for a deeper understanding of trade law.Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H. Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B. Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A. Mitchell, D. Prévost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T. Voon, M. Wagner, E.N. WijkströmTrade Review‘Congratulations on an outstanding book on the WTO TBT Agreement! International regulations and standards reflect societies’ fundamental choices. Regulating and monitoring them is complex, and the renowned co-editors of this book have well understood the multi-faceted matters at stake. In this book, world experts have seized a unique opportunity provided by the wealth of recent TBT jurisprudence to analyse the different dimensions of the TBT Agreement, a WTO agreement little discussed up to now. WTO experts as well as anyone interested in the reach of WTO law into the balance between national sovereignty and the need for international co-operation must read this book.’ -- Gabrielle Marceau, WTO, Legal Affairs Division, UNIGE and Graduate Institute, Geneva, SwitzerlandTable of ContentsContents: Foreword Michael J. Trebilcock 1. Introduction Robert Howse 2. The TBT Agreement in Context Arkady Kudryavtsev 3. Conformity Assessment Procedures Arthur E. Appleton 4. Transparency Obligations under the TBT Agreement Denise Prévost 5. Standard of Review in TBT Cases Michael M. Du 6. Moving Out of the Shadows: Bringing Transparency to Standards and Regulations in the WTO’s TBT Committee Petros C. Mavroidis and Erik N. Wijkström 7. International Standards Markus Wagner 8. Mutual Recognition Agreements and Equivalence Agreements Helen Churchman 9. The Limits of PTAs: WTO Legal Restrictions on the Use of WTO-Plus Technical Regulations in PTAs Joel P. Trachtman 10. The TBT Agreement and Developing Countries Graham Mayeda 11. Contemporary Problems of Climate Change and the TBT Agreement: Moving Beyond Eco-Labelling Michael Cardwell and Fiona Smith 12. The REACH Regulation and the TBT Agreement: The Role of the TBT Committee in Regulatory Processes Lukasz Gruszczynski 13. Consumer Information, Consumer Preferences and Product Labels under the TBT Agreement Tania Voon, Andrew Mitchell and Catherine Gascoigne 14. The TBT Agreement and Private Standards Alessandra Arcuri 15. Technical Barriers to Trade in Information and Communication Technologies Branislav Hazucha 16. Conclusion Tracey Epps Index

    20 in stock

    £52.20

  • Risk and EU law

    Edward Elgar Publishing Ltd Risk and EU law

    7 in stock

    Book SynopsisIn recent years, we have witnessed the spectacular growth of risk management approaches to regulation, so much so that the concept of risk regulation has entered the mainstream regulation vocabulary. This timely collection takes a critical look at risk and EU law. Its multidisciplinary, comparative approach traces the dangers lurking in the practical application of these approaches. It offers important insights into the limitations of the approach and its variability across domains and Member States. It is a valuable addition to the risk regulation literature and deserves to be widely read.'- Bridget M. Hutter, London School of Economics and Political Science, UKAlthough the assessment and management of risk has always been an integral part of government and private decision-making, it has acquired particular importance in contemporary politics. Developments such as the global financial crisis of 2008, the ensuing Eurozone crisis, the rise in international terrorism, and natural disasters have brought to the fore the importance of risk management. As the competence of the EU has expanded, the presence of EU law in risk control has increased significantly. This book seeks to provide an analysis of EU risk regulation in various sectors, examining some key concepts and transversal themes, as well as focusing on sector specific regulation.The contributors explore the social epistemology of risk observation and management, risk modelling, the role of science in political and judicial decision-making, in addition to transnational risk regulation and contractual governance. They examine EU regulation, among others, in the field of terrorism prevention, external relations, food regulation and financial supervision.LThis book will be of interest to law scholars, social scientists and students, whilst lawmakers and lawyers will also benefit from the practical insights of its expert authors.Contributors: A. Alemanno, F. Allen, D. Brean, F. Cafaggi, E. Carletti, M. Cremona, S. Duquet, A. Garde, T. Herberger, A. Höfer, C. Kobrak, K.-H. Ladeur, H.-W. Micklitz, A. Oehler, T. Tridimas, M.B.A. van Asselt, K. Vieweg, E. Vos, S. Wendt, J. WoutersTrade Review‘In recent years, we have witnessed the spectacular growth of risk management approaches to regulation, so much so that the concept of risk regulation has entered the mainstream regulation vocabulary. This timely collection takes a critical look at risk and EU law. Its multidisciplinary, comparative approach traces the dangers lurking in the practical application of these approaches. It offers important insights into the limitations of the approach and its variability across domains and Member States. It is a valuable addition to the risk regulation literature and deserves to be widely read.’ -- Bridget M. Hutter, London School of Economics and Political Science, UKTable of ContentsContents: Introduction Hans-W. Micklitz and Takis Tridimas 1. Risk and the Regulatory State – Various Aspects Regarding Safety and Security in the Fields of Technology and Health Klaus Vieweg 2. Risk Assessment and Risk Management in Economics Andreas Oehler, Tim Herberger, Stefan Wendt and Andreas Höfer 3. The Social Epistemology of Risk Observation and Management - Modern Law and the Transformation of its Cognitive Infrastructure Karl-Heinz Ladeur 4. Risk in Three Dimensions: The EU-US Agreement on the Processing and Transfer of Financial Messaging Data Marise Cremona 5. Managing the Unmanageable: The European Union and Terrorism Jan Wouters and Sanderijn Duquet 6. EU Risk Regulation: The Role of Science in Political and Judicial Decision-making Marjolein B.A. van Asselt and Ellen Vos 7. The Emergence of EU Lifestyle Risk Regulation: New Trends in Evidence, Proportionality and Judicial Review Alberto Alemanno and Amandine Garde 8. Transnational Risk Regulation and Contractual Governance Fabrizio Cafaggi 9. Systemic Risk and Macroprudential Regulation Franklin Allen and Elena Carletti 10. Financial Crisis and Global Financial Regulation Christopher Kobrak and Donald Brean Index

    7 in stock

    £105.00

  • The Principle of National Treatment in

    Edward Elgar Publishing Ltd The Principle of National Treatment in

    2 in stock

    Book SynopsisThe principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law - including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection.With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy.Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prévost, S.J. Schaafsma, L. SchnellerTable of ContentsContents: Introduction to the series Introduction Anselm Kamperman Sanders PART I INTERNATIONAL TRADE LAW 1. The Philosophy of Non-discrimination in International Trade Regulation Thomas Cottier and Lena Schneller 2. National Treatment under GATT 1994: Jurisprudential Developments on De Facto Discrimination Lothar Ehring 3. National Treatment under the General Agreement on Trade in Services James Flett 4. National Treatment under the TBT Agreement Arthur E. Appleton 5. National Treatment in the SPS Agreement: A Sui Generis Obligation Denise Prévost PART II INTERNATIONAL INVESTMENT LAW 6. National Treatment in Emerging Market Investment Treaties David Collins 7. National Treatment in International Investment Law and Arbitration: A Relative Standard for Autonomous Public Regulation and Sovereign Development Leila Choukroune PART III INTELLECTUAL PROPERTY LAW 8. National Treatment under the Paris Convention Christopher Heath 9. National Treatment in Copyright and Related Rights: How Much Work Does it Do? Robert Brauneis 10. National Treatment under the TRIPS Agreement Anselm Kamperman Sanders 11 The Hidden Conflict-of-law Rule in the Berne and Paris Principle of National Treatment Sierd J. Schaafsma Index

    2 in stock

    £126.00

  • The Political Economy of WTO Implementation and

    Edward Elgar Publishing Ltd The Political Economy of WTO Implementation and

    Book SynopsisWhy, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism.The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance.With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global contextTable of ContentsContents: PART I NORMATIVITY AND IMPLEMENTATION ISSUES IN THE WTO 1. World Trade Law and Changing Fundamentals in the Global Architecture 2. The Evolution of the GATT/WTO Dispute Settlement System 3. Applicable Law before the WTO Disputes Settlement Body 4. Theorising the WTO Implementation Regime PART II CHINA AND WTO RULES IMPLEMENTATION: CONTEMPORARY POLICY AND DIPLOMACY 5. The Chinese Approach to Law 6. China and WTO Law: From Accession Negotiations to Current Commitments 7. China and the WTO Dispute Settlement System 8. Chinese Confucianism and Compliance Conclusion Index

    £104.00

  • Emissions Trading and WTO Law: A Global Analysis

    Edward Elgar Publishing Ltd Emissions Trading and WTO Law: A Global Analysis

    5 in stock

    Book SynopsisThe legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skillfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.'- Douglas Fisher, Queensland University of Technology, AustraliaEmissions trading is an economic legal framework designed to address the global environmental crisis of climate change. This book analyses the broader impacts of these frameworks - particularly the relationship between emissions trading schemes and the WTO.Felicity Deane focuses primarily on the rules of the WTO as a tool to demonstrate where the boundaries exist for acceptable interface with international trade. She explores the meaning of goods and products, services, subsidies and border adjustments within the context of the WTO rules and considers the impacts of these definitions on emissions trading frameworks.Academics and students with an interest in the WTO and the convergence of trade and environment will find this an insightful book. The points raised will also be useful to legal professionals, economists and policymakers involved in emissions trading practices.Trade Review‘The legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skilfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.’ -- Douglas Fisher, Queensland University of Technology, AustraliaTable of ContentsContents: 1. Introduction 2. Contextual Elements of Emissions Trading 3. The Law of the WTO and Emissions Trading 4. The Classification of GHG Tradeable Instruments as Goods 5. Emissions Trading and the General Agreement on Trade in Services 6. The Subsidies of Emissions Trading Schemes 7. The Border Adjustments of Emissions Trading Schemes 8. Conclusion Index

    5 in stock

    £93.00

  • Trade and Environmental Law

    Edward Elgar Publishing Ltd Trade and Environmental Law

    Book SynopsisThis extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.Analysing the key legal issues and questions raised by the impact of trade on the environment, the volume offers a thorough overview of the relationship between the World Trade Organization and the rules of environmental law, sustainability, and climate change. Each entry constitutes a nuanced and lucid introduction to the major cross-cutting topics in these dynamic fields, including examinations of national and regional approaches, WTO disputes, and the interface between trade, environment and areas such as human rights, investment and development.Featuring 107 entries divided into seven thematic parts, this volume is a landmark reference work which will prove invaluable to academics, students and researchers in international trade and environmental law, as well as public international law more broadly. It will also be a key resource for practitioners, policymakers and government officials working in any aspect of trade and environment.Trade Review‘Tensions between sustainability goals and the international trading system have been percolating for years – and are now boiling over. For those seeking to understand the legal framework, specific issues, and case decisions behind this clash, Trade and Environmental Law offers an invaluable resource. Panagiotis Delimatsis and Leonie Reins have brought together an extraordinary collection of scholars and other thought leaders who illuminate the critical issues with detailed exploration of the relevant GATT rules, WTO negotiating practices, dispute settlement procedures, and conceptual foundations for trade as well as the competing vision of sustainable development and the global commitments to action on climate change and other critical environmental matters. A “must have” reference for scholars, lawyers, students, business leaders, environmental advocates, and trade practitioners.’ -- Daniel Esty, Yale University, US

    £295.00

  • Corporate Social Responsibility, Private Law and

    Edward Elgar Publishing Ltd Corporate Social Responsibility, Private Law and

    15 in stock

    Book Synopsis'Rühmkorf's thought-provoking book has a powerful message: that we cannot rely on the discretion of business to promote CSR voluntarily. Through the devastating example of the Rana Plaza disaster, Rühmkorf shows that we must get beyond business rhetoric and develop a multidimensional approach to the regulation of global supply chains. Whilst recognising the existing limitations of private law, his book highlights the potential contribution of private law to the development and promotion of CSR. The task is not an easy one, but by adopting a pluralistic approach to corporate law and by employing contract law, consumer law and tort law more dynamically, English private law could fill many of the regulatory gaps. The message is urgent and strong. This is a must read book for anyone concerned with CSR, supply chains and the law.'- Charlotte Villiers, University of Bristol, UK'This book fills an important gap in discussions of international CSR standards. It is all very well to say that states must protect and companies should respect human rights, but when breaches of human rights do occur, it is remedies that matter. Rühmkorf explores the limits of private law avenues for seeking such remedies. In so doing, he provides a valuable understanding of obstacles to fuller realization of the three-pillared ''Protect, Respect and Remed'' Framework of the UN Guiding Principles on Business and Human Rights. - Alice de Jonge, Monash University, AustraliaCurrent debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business. This insightful book demonstrates how private law makes a significant contribution to the promotion of corporate social responsibility (CSR) and how it could be improved.Based on the analysis of four substantive areas (company law/corporate governance, contract law, consumer law and tort law), this inclusive book covers a full range of issues that are important for CSR. These include directors duties, corporate reporting, the incorporation of CSR policies into the supply chain, consumer rights and the tortious liabilities of companies. The book discerns how national private law in the home state of multinational enterprises can legally affect their socially responsible conduct worldwide. Andreas Rühmkorf demonstrates that private law already promotes and, with certain amendments, could better promote CSR in the regulation of global supply chains. The book's findings are applied to the collapse of the Rana Plaza Building in Bangladesh, which offers a supportive empirical insight.As an up-to-date and comprehensive survey of CSR and global supply chains, this work will benefit researchers and practitioners interested in the fields of CSR, private law, international law, political economy, international labor standards and sustainable supply chains.Trade Review'Rühmkorf provides a valued addition in understanding the benefits of a holistic CSR business model and a company's duty as a socially responsible international market participant. In his book Corporate Social Responsibility, Private Law and Global Supply Chains, Dr. Andreas Rühmkorf, a lawyer and professor of commercial law, proposes how English private law can be used to ensure corporations that utilize global supply chains are held accountable for violations of their own corporate governance. Rühmkorf's work will be of use to those interested in Corporate Social Responsibility, and the law, economics and politics surrounding international supply chains.' --Patricia M. Muhammad, International Social Science Review'This book, Corporate Social Responsibility, Private Law and Global Supply Chains by Dr. Andreas Rühmkorf, makes a considerable contribution to the literature on Corporate Social Responsibility (CSR). . . .I would recommend the book very strongly to all academics and postgraduate students interested in company and corporations law. The book is focused on an important aspect, CSR, in the wider debate and worldwide realisation that companies should move away from 'short-termism' and focus on long-term and sustainable growth and should be responsible citizens!' --Jean J. du Plessis, Deakin Law School, Deakin University, Australia'This book offers a broad and deep analysis of the topic; and it could be of interest for researchers and student researchers as well as for directors and non-executive directors, company secretaries and officers dealing with the ongoing analysis of corporate social responsibility.' --International Company and Commercial Law ReviewTable of ContentsContents: 1. Corporate Social Responsibility and Private Law 2. Company Law, Corporate Governance and Corporate Social Responsibility 3. Contract Law, Global Supply Chains and Corporate Social Responsibility 4. Consumer Protection Law and Corporate Social Responsibility 5. Tort Law and Corporate Social Responsibility 6. The Promotion of Corporate Social Responsibility in English Private Law 7. The Rana Plaza Building Collapse – Corporate Social Responsibility, Private Law and the Global Supply Chain Bibliography Index

    15 in stock

    £104.00

  • Global Governance through Trade: EU Policies and

    Edward Elgar Publishing Ltd Global Governance through Trade: EU Policies and

    15 in stock

    Book SynopsisWielded by major economic powers, linkages between trade and such issues as environmental protection and human rights have become a widely used and controversial policy instrument. This volume provides a comprehensive and authoritative analysis, across issue-areas, of the European Union's deployment of trade to advance its normative goals.'- Miles Kahler, Council on Foreign Relations'The EU treaties call for the EU to promote its core values internationally. Trade is one instrument to do so: linking preferential access to the large EU market to convergence towards EU or internationally agreed norms. The volume offers an insightful discussion of the scope for, and the effectiveness of, EU trade linkage strategies to influence the labour, environmental and human rights-related policies of selected trade partners. It advances the state of our knowledge on a controversial and important subject.'- Bernard Hoekman, EUI and CEPR, ItalyA 'new generation' of EU trade policies aims to advance public goods such as promoting sustainable development, protecting human rights and enhancing governance in third states. The pursuit of these objectives raises important questions regarding coherence, effectiveness, legitimacy and extraterritoriality. In Global Governance through Trade leading scholars from different disciplines address these topical questions.The book contains a comprehensive analysis of the concept of governing through trade and investigates how the EU 'exports' regulation through conditional market access regulation, bilateral trade agreements and unilateral trade policy. Several case studies complement the general analysis and provide an in-depth assessment of the European Union's new trade policies.This multidisciplinary book will be an enlightening read for a wide-ranging audience encompassing academics, policymakers, policy analysts and students of, amongst others, trade law and policy, global governance, sustainable development, human rights and labor standards.Contributors: L. Bartels, L. Beke, N.A.J. Croquet, C. Damro, D. Geraets, N. Hachez, M. Koekkoek, J. Larik, R. Leal-Arcas, A. Marx, P.C. Mavroidis, B. Natens, C. Ryngaert, J. Soares, G. van Calster, C.M. Wilmarth, J. Wouters, J. YapTrade Review‘Wielded by major economic powers, linkages between trade and such issues as environmental protection and human rights have become a widely used and controversial policy instrument. This volume provides a comprehensive and authoritative analysis, across issue-areas, of the European Union’s deployment of trade to advance its normative goals.’ -- Miles Kahler, Council on Foreign Relations‘The EU treaties call for the EU to promote its core values internationally. Trade is one instrument to do so: linking preferential access to the large EU market to convergence towards EU or internationally agreed norms. The volume offers an insightful discussion of the scope for, and the effectiveness of, EU trade linkage strategies to influence the labour, environmental and human rights-related policies of selected trade partners. It advances the state of our knowledge on a controversial and important subject.’ -- Bernard Hoekman, EUI and CEPR, ItalyTable of ContentsContents: 1. Global Governance Through Trade: An Introduction Axel Marx, Bregt Natens, Dylan Geraets and Jan Wouters PART I DEFINING GOVERNANCE THROUGH TRADE 2. Market Power Europe and New EU Trade Policies Chad Damro 3. Good Global Governance through Trade: Constitutional Moorings Joris Larik PART II ‘EXPORTING’ SOCIAL AND ENVIRONMENTAL COMPLIANCE THROUGH BILATERAL CONDITIONAL MARKET ACCESS 4. Human Rights and Sustainable Development Obligations in EU Free Trade Agreements Lorand Bartels 5. Strengthening Sustainable Development through Regional Trade Agreements Rafael Leal-Arcas and Catherine M. Wilmarth 6. The Climate Change Norms under the EU-Korea Free Trade Agreement: Between Soft and Hard Law Nicolas A.J. Croquet 7. Does Integrating Labour Provisions in Free Trade Agreements Make a Difference? An Exploratory Analysis of Freedom of Association and Collective Bargaining Rights in 13 EU Trade Partners Axel Marx and Jadir Soares PART III ‘EXPORTING’ SOCIAL AND ENVIRONMENTAL COMPLIANCE THROUGH UNILATERAL CONDITIONAL MARKET ACCESS 8. The EU GSP: A Preference for Human Rights and Good Governance? The Case of Myanmar Laura Beke and Nicolas Hachez 9. One Step Forward: The European Union Generalised System of Preferences and Labor Rights in the Garment Industry in Bangladesh James Yap 10. Extraterritorial Regulation of Natural Resources: A Functional Approach Cedric Ryngaert and Marieke Koekkoek 11. Governing Through Trade in Compliance with WTO Law – A Case Study of the European Union Timber Regulation Dylan Geraets and Bregt Natens 12. Reaching Out for Green Policies - National Environmental Policies in the WTO Legal Order Petros C. Mavroidis 13. Just Sue the Bastards? An Assessment of the Alternative to Negative Harmonisation of Regulatory Priorities Geert van Calster 14. Conclusion Jan Wouters, Axel Marx, Dylan Geraets and Bregt Natens Index

    15 in stock

    £131.00

  • Research Handbook on Trade in Services

    Edward Elgar Publishing Ltd Research Handbook on Trade in Services

    Book SynopsisThis Research Handbook explores the latest frontiers in services trade by drawing on insights from empirical economics, law and global political economy. The world's foremost experts take stock of the learning done to date in services trade, explore policy questions bedeviling analysts and direct attention to a host of issues, old and new, confronting those interested in the service economy and its rising salience in cross-border exchange. The Research Handbook's 22 chapters shed analytical light on a subject matter whose substantive remit continues to be shaped by rapid evolutions in technology, data gathering, market structures, consumer preferences, approaches to regulation and ongoing shifts in the frontier between the market and the state. Expert contributors explore the subject through a multidisciplinary lens, offering a comprehensive overview of lessons learned over two decades of GATS jurisprudence. The book further chronicles the rising stakes and involvement of developing countries in global services trade, notably their growing insertion in global value chains, as well as the latest advances and remaining challenges in the statistical measurement of trade in services.Academics and experts in the policy research community will find value in this book, as will officials in governmental and international organization circles as well as representatives of service sector industry associations.Contributors include: A. Berry, T. Bohn, T. Broude, M. Burri, R. Chanda, P. Delimatsis, G. Gari, B. Hoekman, G.C. Hufbauer, M. Krajewski, R. Lanz, E. Leroux, J. Magdeleine, A. Maurer, P. Mavroidis, M. Mayakeshi, S. Miroudot, M. Molinuevo, S. Moses, N. Mulder, M. Roy, S. Saez, P. Sauvé, B. Shepherd, A. Shingal, S. Stephenson, D. Taglioni, L. Tuthill, E. van de Marel, C. Van Grasstek, N. Ward, J. WilsonTrade Review'The Research Handbook on Trade in Services is the most comprehensive study to date on one of the most relevant, albeit least explored areas in the field of international trade policy. By adopting a multi-disciplinary approach that brings together the economic, legal and political economy perspectives of renowned experts, Pierre Sauvé and Martin Roy have made a significant contribution to better understanding trade in services. Trade policy-makers, practitioners and scholars will find solid evidence in this book to inform bold and comprehensive reforms to fully exploit the potential of the services economy.' --Anabel Gonzalez, World Bank Group Global Practice on Trade and CompetitivenessTable of ContentsContents: Introduction and Overview Pierre Sauvé and Martin Roy PART I EMPIRICAL PERSPECTIVES 1. Charting the evolving landscape of services trade policies: Recent patterns of protection and liberalization Martin Roy 2. Measuring trade in services in a world of global value chains Andreas Maurer, Joscelyn Magdeleine and Rainer Lanz 3. Trade costs and global value chains in services Sébastien Miroudot and Ben Shepherd 4. Ricardo does services: Service sector regulation and comparative advantage in goods Erik van der Marel 5. Going beyond the 0/1 dummy: Estimating the effect of heterogeneous provisions in services agreements on services trade Anirudh Shingal 6. Nurturing the competitiveness of services exports: Metrics and policy options Sebastian Sáez and Daria Taglioni 7. Services trade and regulatory reform: A methodology for developing countries Martin Molinuevo and Sebastián Sáez PART II LEGAL PERSPECTIVES 8. Twenty years of GATS case law: Does it taste like a good wine? Eric H. Leroux 9. Domestic regulation and services trade: Lessons from regional and bilateral free trade agreements Markus Krajewski 10. A technical barriers to trade agreement for services? Bernard M. Hoekman and Petros C. Mavroidis 11. Standard-setting in services: New frontiers in rule-making and the role of the EU Panagiotis Delimatsis 12. Services and state-owned enterprises Sherry Stephenson and Gary C. Hufbauer 13. Designing future-oriented multilateral rules for digital trade Mira Burri 14. Cross-border data flows: What role for trade rules? L. Lee Tuthill PART III POLITICAL ECONOMY AND DEVELOPMENT PERSPECTIVES 15. The behavioural dynamics of positive and negative listing in services trade liberalization: A look at the Trade in Services Agreement (TiSA) negotiations Tomer Broude and Shai Moses 16. Demographics and labour markets: Implications for mode 4 trade Rupa Chanda 17. The changing landscape of global trade in business services and value chains: Are emerging economies taking over? Andrew Berry, Timon Bohn and Nanno Mulder 18. Opening services markets in developing countries: What role for competition law? Joseph Wilson 19. The services trade agreements of developing countries Craig VanGrasstek and Mina Mashayekhi 20. A trade in services waiver for least developed countries: Towards workable proposals Pierre Sauvé and Natasha Ward 21. Services negotiations: Where have we been and where are we heading? Gabriel Gari Index

    £218.00

  • Research Handbook on the Law of the EU’s Internal

    Edward Elgar Publishing Ltd Research Handbook on the Law of the EU’s Internal

    Book SynopsisWhile the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration. In a departure from existing literature in the field, expert contributors approach the four freedoms as a functional whole and identify horizontal and overarching themes that have emerged over the years. The Research Handbook on the Law of the EU's Internal Market addresses six overarching themes: the reach of the internal market, the relationship between economic and non-economic interests, the internal market as an economic union, uniformity versus diversity, the governance and politics of the internal market, and the internal market in the world. This perceptive Research Handbook will be fascinating reading for academics and students in EU law and European studies. It will also be an invaluable resource for practitioners, policy makers, and anyone interested in the future of the internal market in particular and European integration in general.Contributors include: C. Barnard, T. Beukers, A. Cédelle, P. Craig, M. Cremona, G. Davies, F. De Witte, M. Egan, S. Enchelmaier, V. Hatzopoulos, H. Hofmann, T. Horsley, E. Howell, P. Koutrakos, I. Maletic, M. Markakis, H. Micklitz, N. Nic Shuibhne, J. Payne, W.-H. Roth, A. Saydé, C. Sieburgh, J. Snell, J. Vella, H. Vedder, P. Wattel, S. WeatherillTrade Review'Even with the expanding reach of EU law, the law relating to the internal market continues to constitute a centre-piece of the EU legal order. There is an extensive literature on the economic freedoms in particular but surprisingly little exists in terms of an overall analysis. This book fills this gap in an eminent way and it will no doubt contribute to our understanding of not only the internal market but also the EU constitutional and legal order more generally.' --Allan Rosas, European Court of JusticeTable of ContentsContents: 1. Internal Market: An Introduction Panos Koutrakos and Jukka Snell PART I THE REACH OF THE INTERNAL MARKET 2. Between Market Access and Discrimination: Free Movement as a Right to Fair Conditions of Competition Gareth Davies 3. Freedom as a Source of Constraint: Expanding Market Discipline through Free Movement Alexandre Saydé 4. Horizontality: The Application of the Four Freedoms to Restrictions Imposed by Private Parties Stefan Enchelmaier 5. The Competence to Harmonise and Its Limits Stephen Weatherill 6. The Day the Clock Stopped: EU Citizenship and the Single Market Catherine Barnard PART II THE RELATIONSHIP BETWEEN ECONOMIC AND NON-ECONOMIC INTERESTS 7. The Architecture of the EU’s Social Market Economy Floris de Witte 8. Healthcare in the Internal Market Vassilis Hatzopoulos 9. Integrating Rather than Juxtaposing Environmental Policy and the Internal Market Hans Vedder 10. Primary EU law, European Regulatory Private Law and National Private Law Hans W. Micklitz and Carla Sieburgh 11. Fundamental Rights and the Framework of Internal Market Adjudication: Is the Charter Making a Difference? Niamh Nic Shuibhne PART III INTERNAL MARKET AS AN ECONOMIC UNION 12. The Creation of a European Capital Market Jennifer Payne and Elizabeth Howell 13. The Eurozone Crisis and the Autonomy of Member States in Economic Union: Changes and Challenges Thomas Beukers 14. The Euro Area, Its Regulation and Impact on Non-Euro Member States Paul Craig and Menelaos Markakis PART IV UNIFORMITY VERSUS DIVERSITY 15. Taxation in the Internal Market Peter J. Wattel 16. Differentiated Integration in the EU: Lessons from the Financial Transaction Tax Anzhela Cédelle and John Vella 17. Derogations from the Regulation of Free Movement: Article 114 TFEU Isidora Maletić PART V THE GOVERNANCE AND POLITICS OF THE INTERNAL MARKET 18. Institutional Dynamics Reloaded: The Court of Justice and the Development of the EU Internal Market Thomas Horsley 19. Mutual Recognition Wulf-Henning Roth 20. European Regulatory Union? The Role of Agencies and Standards Herwig C.H. Hofmann PART VI THE INTERNAL MARKET IN THE WORLD 21. The Internal Market and External Economic Relations Marise Cremona 22. The Evolution of Single Markets in Europe and the United States Michelle Egan Index

    £231.00

  • Natural Resources and Sustainable Development:

    Edward Elgar Publishing Ltd Natural Resources and Sustainable Development:

    Book SynopsisThe centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations.Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. WilsonTrade Review'The editors are to be congratulated on a timely and thought-provoking collection of essays that reappraise the international legal and political framework for natural resource governance and its impact on sustainable development.' --Mary Footer, University of Nottingham School of Law, UK'This is an innovative and intellectually enriching collection of essays on a very topical subject. The contributors present critical analysis and original approaches to interaction and tensions in various areas of international law, also addressing the legal questions arising from its fragmentation, a topic debated by the International Law Commission. Providing a fascinating insight into the workings of international law within various sectors of activities in developing countries and the tensions arising therefrom, such as between investors and local communities in natural resources projects, this book is a very rich source of knowledge. It is highly recommended for both practitioners and scholars.' --Malgosia Fitzmaurice, Queen Mary University of London, UK'This collection of essays on natural resources and sustainable development shines a light on the many vistas of the topic. While each chapter brings a refreshing review of extant literature on the specific area of enquiry, the indepth analysis of particular jurisdictions or industries makes for a better understanding of the issues at stake. In some cases new ground is broken where the authors debunk old ideas. Manuela Lavinas Picq's chapter on ''situating the amazon in world politics'' is a good example. After reading it, one is not likely to view the Amazon in the same way again. I recommend this book to scholars and practitioners alike.' --Victor Essien, International Journal of Legal InformationTable of ContentsContents: 1. Introduction Celine Tan and Julio Faundez 2. Investment Treaties, Natural Resources and Regulatory Space: Technical Issues and Political Choice in International Investment Law Lorenzo Cotula 3. Risky Business: Political Risk Insurance and the Law and Governance of Natural Resources Celine Tan 4. The Extractive Industries Transparency Initiative in Africa: Overcoming the Resource Curse and Promoting Sustainable Development Emma Wilson and James van Alstine 5. BITs, State Regulation and Business-Related Human Rights Violations in Water and Sanitation Services Juan Pablo Bohoslavsky, Liber Martin and Juan Justo 6. Away from the Spotlight: Foreign Investment in the Afghan Extractive Sector and the State’s Duty to Protect the Right to Water Daria Davitti 7. The Governance of Natural Resources in Latin America: The Commodities Consensus and the Policy Space Conundrum Julio Faundez 8. Generating Conflict: Gold, Water and Vulnerable Communities in the Colombian Highlands Christiana Ochoa 9. Situating the Amazon in World Politics Manuela Lavinas Picq 10. Tropical Forests, Climate Change and Neoliberal Environmental Governmentality Sam Adelman 11. The Role of Law in the Economy and in Regulating Natural Resources and Environmental Protection in China John McEldowney 12. Natural Resources and Global Value Chains: What Role for the WTO? Fiona Smith 13. Sustainable Chemical Regulation in a Global Environment Sharron McEldowney 14. Litigation Against Multinational Oil Companies in Their Home State Jurisdictions: An Alternative Legal Response to Pollution Damage in Foreign Jurisdictions David Ong 15. The Public Interest in International Investment Arbitration on Natural Resources Claire Buggenhoudt Index

    £121.00

  • Research Handbook on Climate Change and Trade Law

    Edward Elgar Publishing Ltd Research Handbook on Climate Change and Trade Law

    Book SynopsisThe interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues.The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in 'green' goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment.This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law.Contributors include: M. Alder, P. Arnaiz, S. Bigdeli, J. Chaisse, T. Cottier, P. Delimatsis, A. Dimopoulos, F. Fleurke, A. Gourgourinis, A.H. Lim, J. McMahon, S. Melnyk, J. Munro, K. Nadakavukaren Schefer, R. Partain, T. Payosova, V. Pogoretskyy, D. Ramos, E. Reid, M. Rimmer, L. Tamiotti, J.P. Trachtman, A. vanDuzer, E. Vranes, M. Wu, M. Young, R. ZhangTrade ReviewThis is a fascinating volume in which the complicated relationship between climate change, trade and investment law is analyzed by leading scholars in this domain in an exhaustive manner. A must for anyone interested in the broad relationship between climate change and trade law.' --Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium'This volume provides a comprehensive and up-to-date analysis of the interactions between public international law, trade law, and climate change law. Delimatsis has assembled an amazing collection of essays by leading scholars in Europe, North America, and Asia on key issues such as carbon taxes, border tax adjustments, climate standards and the market, climate services, investment, human rights, energy policy, and the role of climate in regional trade agreements. This Handbook deserves a place the desk of every climate policymaker.' --Steve Charnovitz, George Washington University'In the wake of the adoption of the 2015 Sustainable Development Goals and the Paris Climate Change Agreement, the world is getting serious about sustainability. Nowhere do the challenges of charting a sustainable future come into sharper focus than at the intersection of trade law and climate change, which makes Panagiotis Delimatsis's Research Handbook on Climate Change and Trade Law critical reading for practitioners and scholars alike.' --Dan Esty, Yale UniversityTable of ContentsContents: Introduction: Climate change and trade law—challenges for governance and coordination Panagiotis Delimatsis PART I CLIMATE CHANGE AND THE ROLE OF THE WTO: THEORETICAL UNDERPINNINGS 1. Common Concern and the Legitimacy of the WTO in Dealing with Climate Change Thomas Cottier and Tetyana Payosova 2. Common but Differentiated Responsibilities in Transnational Climate Change Governance and the WTO: A Tale of Two ‘Interconnected Worlds’ or a Tale of Two ‘Crossing Swords’? Anastasios Gourgourinis 3. Duty to Protect, Climate Change and Trade Krista Nadakavukaren Schefer and Pablo Arnaiz PART II CLIMATE CHANGE AND THE WORLD TRADE ORGANIZATION: TOPICAL ISSUES 4. Carbon Taxes, PPMs and the GATT Erich Vranes 5. WTO Law Constraints on Carbon Credit Mechanisms and Export Border Tax Adjustments Joel P. Trachtman 6. Feed-in Tariffs and the WTO Regulation of Subsidies – A Moment of Progressive Adjudication in Canada – Renewable Energy Sadeq Z. Bigdeli 7. Sustainable Standard-Setting, Climate Change and the TBT Agreement Panagiotis Delimatsis 8. Climate Change and Services Trade: What Role for the GATS? Michaël Alder, Aik Hoe Lim, and Ruosi Zhang 9. Trade Wars in the TRIPS Council: Intellectual Property, Technology Transfer, and Climate Change Matthew Rimmer PART III CLIMATE CHANGE AND TRADE IN PERSPECTIVE: CURRENT CHALLENGES 10. Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security? Vitaliy Pogoretskyy and Sergii Melnyk 11. Food Security and Agricultural Trade: An Early Warning for Climate Change! Joseph A. McMahon 12. The WTO Environmental Goods Agreement: From Multilateralism to Plurilateralism Mark Wu 13. Climate Change, Green Paradox Models and International Trade Rules Roy Andrew Partain PART IV CLIMATE CHANGE AND TRADE: GLOBAL AND REGIONAL PERSPECTIVES 14. Trade Measures to Address Climate Change: Territory and Extraterritoriality Margaret A. Young 15. EU Climate Law and the WTO Emily Reid 16. EU Climate Law and Human Rights: New Prospects for Judicial Environmental Activism? Floor Fleurke 17. Climate Change in the TPP and the TTIP James Munro PART V CLIMATE CHANGE, TRADE AND INVESTMENT 18. Climate Change and Investor-State Dispute Settlement: Identifying the Linkages Angelos Dimopoulos 19. The Complex Relationship between International Investment Law and Climate Change Initiatives: Exploring the Tension J. Anthony VanDuzer 20. Rules and Disputes on Foreign Investment in Renewable Energies – Exploring the Nexus of Trade and Investment Treaties Julien Chaisse Conclusion 21. Climate change mitigation and the WTO framework Ludivine Tamiotti and Daniel Ramos Index

    £228.00

  • Edward Elgar Publishing Ltd Research Handbook on Intellectual Property

    Book SynopsisThis Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace?The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area.This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale.Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. YuTrade Review'Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today's decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.' --Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, SwitzerlandThe concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.' --Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London'This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.' --Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of LawTable of ContentsContents: PART I: THE THEORETICAL FRAMEWORK OF INTELLECTUAL PROPERTY EXHAUSTION 1. Incentives, Contracts, and Intellectual Property Exhaustion Shubha Ghosh 2. The Economic Rationale for Exhaustion: Distribution and Post-Sale Restraints Ariel Katz 3. Exhaustion and Personal Property Servitudes Molly Shaffer Van Houweling 4. “Exhaustion” in the Digital Age Reto M. Hilty PART II: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: THE INTERNATIONAL CONTEXT 5. International Intellectual Property Rules and Parallel Imports Susy Frankel and Daniel J. Gervais 6. Economic Perspectives on Exhaustion and Parallel Imports Keith E. Maskus 7. Working Toward International Harmony on Intellectual Property Exhaustion (and Substantive Law) Vincent Chiappetta 8. Parallel Trade in Pharmaceuticals: Trade Therapy for Market Distortions Frederick M. Abbott PART III: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: REGIONAL AND NATIONAL APPROACHES 9. The European Internal Market: Exhaustion Plus Christopher M. Stothers 10. The Exhaustion Doctrine in Singapore: Different Strokes for Different IP Folks Ng-Loy Wee Loon 11. Parallel Imports and the Principle of Exhaustion of Rights in Latin America Carlos M. Correa and Juan I. Correa 12. Exhaustion of Intellectual Property Rights and the Principle of Territoriality in the United States John A. Rothchild, PART IV: SELECTED ISSUES (AND CHALLENGES) ON PATENT EXHAUSTION 13. Patent Exhaustion and Free Transit at the Interface of Public Health and Innovation Policies: Lessons to be Learned from EU Competition-Law Practice Josef Drexl 14. Regulatory Responses to International Patent Exhaustion Sarah R. Wasserman Rajec 15. Patent Exhaustion Rules and Self-Replicating Technologies Christopher Heath 16. Development of Patent Exhaustion in Mainland China Xiang Yu and Conghui Yin 17. The Hermeneutics of the Patent Exhaustion Doctrine in India Yogesh Pai PART V: SELECTED ISSUES (AND CHALLENGES) ON TRADEMARK EXHAUSTION 18. Trademark Exhaustion and Its Interface With EU Competition Law Apostolos G. Chronopoulos and Spyros M. Maniatis 19. Trademark Exhaustion and Free Movement of Goods: A Comparative Analysis of the EU/EEA, NAFTA and ASEAN Irene Calboli 20. Using Trademark Law to Override Copyright’s First Sale Rule for Imported Copies in the United States Mary LaFrance 21. New Developments on Trademark Exhaustion in Korea Byungil Kim 22. Trademark Exhaustion and the Internet of Resold Things Yvette Joy Liebesman and Benjamin Wilson PART VI: SELECTED ISSUES (AND CHALLENGES) ON COPYRIGHT EXHAUSTION 23. How Could Taiwan Copyright Act Follow the Patent and Trademark Regime and Adopt International Copyright Exhaustion? Kung-Chung Liu 24. The Marrakesh Treaty and the Targeted Uses of Copyright Exhaustion Marketa Trimble 25. From Importation to Digital Exhaustion: A Canadian Copyright Perspective Pierre-Emmanuel Moyse 26. Exhaustion and the Internet as a Distribution Channel: the Relationship Between Intellectual Property and European Law in Search of Clarification Guido Westkamp 27. Digital Copyright Exhaustion and Personal Property Aaron Perzanowski and Jason Schultz Index

    £237.00

  • Handbook on the Law of Cultural Heritage and

    Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and

    3 in stock

    Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index

    3 in stock

    £50.30

  • Regulating Judicial Activity in Europe: A

    Edward Elgar Publishing Ltd Regulating Judicial Activity in Europe: A

    5 in stock

    Book SynopsisThe role of the European judiciary has, in recent years, undergone a significant upheaval that has led to a realignment of judicial, legislative and executive powers. This exciting new book provides an insider s perspective on how these changes have affected the practical aspects of life in the European judiciary.This first book in Elgar's new series on Judicial Cooperation covers areas central to the evolution of the judiciary's role, including the protection of its independence, the working conditions of the judiciaries, as well as their relations with outside partners. With great insight, the contributors to this volume explore the shifting role that courts play as both legal innovators and system stabilizers. In order to carry out these roles effectively the judiciary must strive for cooperation: this book makes a valuable contribution to that aim.Regulating Judicial Activity in Europe will appeal to researchers and graduate students as well as to EU and national officials.Contributors include: A.S.H. Gaspar, V. Lamanda, G. Londers, K. TolksdorfTrade Review‘Academics, researchers and certainly international lawyers involved professionally in this area will find this book an insightful and fascinating read.’ -- The Barrister MagazineTable of ContentsContents: Foreword Preface PART I: PRACTICAL ASPECTS OF INDEPENDENCE OF JUSTICE 1. Protection of Independence Klaus Tolksdorf 2. Working Conditions Ghislain Londers 3. Relations with Outside Partners António Silva Henriques Gaspar PART II: THE BUDGET OF THE SUPREME COURTS OF THE EUROPEAN UNION 4. Introductory Report Vincent Lamanda Index

    5 in stock

    £86.00

  • International Energy Governance: Selected Legal

    Edward Elgar Publishing Ltd International Energy Governance: Selected Legal

    2 in stock

    Book SynopsisInternational Energy Governance: Selected Legal Issues covers some of the most interesting and pressing areas of international energy law and policy. Eastern-Mediterranean, WTO and energy, external EU energy policy and the promotion of renewable energy and its various effects on market institutions are just examples of legal issues selected for this book. The authors provide a comprehensive account of these areas under a common theme of energy, trade and environment. This is recommended reading for international lawyers dealing with these topics.'- Kim Talus, University of Eastern Finland, FinlandIn a world that is hungry for energy security, the legal components at the junction of interstate energy cooperation have become increasingly important. International law as it stands today is not equipped to handle international energy governance issues fully, negatively affecting our aim to meet energy security.Selected legal deficiencies relating to international energy governance are identified in this salient book. The currently fragmented and multi-layered international energy governance regime is exposed and reviewed. If governance were streamlined for legal cohesiveness and international political and economic cooperation, it would promote energy security. The book offers a broad perspective on interstate energy cooperation in areas such as energy transit, energy market liberalization and energy investment. A more specific approach is presented in areas of cooperation such as trade and energy; trade, environment and energy; and energy exploration and maritime delimitation disputes. Finally, International Energy Governance considers energy as a special sector within the World Trade Organization and presents an analysis of European Union energy governance and renewable energy systems.This book would primarily be of interest to students, scholars, lawyers, policymakers, and think tanks dealing with the legal aspects of energy, as well as those communities relating to other energy-related disciplines.Contents: Introduction Part I. Interstate Energy Governance: Selected Legal Issues from Trade, Environment and Law of the Sea 1. A fragmented Global Energy Governance 2. Energy as a Special Sector in the World Trade Organization 3. Trade, Environment and Energy: Implications for the Conservation of Oil Resources 4. Energy and Law of the Sea: Eastern Mediterranean Basin Scenarios Part II. EU Energy Governance: Selected Legal Aspects 5. EU Energy Security 6. The EU and its Systemic Relationship to the Energy Community and the Energy Charter Treaty Part III. Renewable Energy in the WTO and EU: Selected Legal Aspects 7. Renewable Energy in the World Trade Organization 8. Renewable Energy in the European Union Part IV. Looking Forward: Bridging the Policy Objectives of Energy, Trade and Environment 9. Sustainable Development and Mega-regionals: The TTIP and TPP IndexTrade Review‘International Energy Governance: Selected Legal Issues covers some of the most interesting and pressing areas of international energy law and policy. Eastern-Mediterranean, WTO and energy, external EU energy policy and the promotion of renewable energy and its various effects on market institutions are just examples of legal issues selected for this book. The authors provide a comprehensive account of these areas under a common theme of energy, trade and environment. This is recommended reading for international lawyers dealing with these topics.’ -- Kim Talus, University of Eastern Finland, Finland‘International Energy Governance: Selected Legal Issues, which is co-authored by Rafael Leal-Areas,‘For students of energy law as well as scholars, this book introduces and develops on a number of intriguing issues in the energy law arena and can be recommended to those studying this emerging subject.’ -- International Energy LawTable of ContentsContents: Introduction Part I. Interstate Energy Governance: Selected Legal Issues from Trade, Environment and Law of the Sea 1. A fragmented Global Energy Governance 2. Energy as a Special Sector in the World Trade Organization 3. Trade, Environment and Energy: Implications for the Conservation of Oil Resources 4. Energy and Law of the Sea: Eastern Mediterranean Basin Scenarios Part II. EU Energy Governance: Selected Legal Aspects 5. EU Energy Security 6. The EU and its Systemic Relationship to the Energy Community and the Energy Charter Treaty Part III. Renewable Energy in the WTO and EU: Selected Legal Aspects 7. Renewable Energy in the World Trade Organization 8. Renewable Energy in the European Union Part IV. Looking Forward: Bridging the Policy Objectives of Energy, Trade and Environment 9. Sustainable Development and Mega-regionals: The TTIP and TPP Index

    2 in stock

    £155.00

  • Performance Requirements and Investment

    Edward Elgar Publishing Ltd Performance Requirements and Investment

    4 in stock

    Book SynopsisIn this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.Performance Requirements and Investment Incentives Under International Economic Law astutely links the debate surrounding the use of such tools to the rise of emerging markets as key participants in economic globalization. The industrialization of developing countries has led to an increased reliance on foreign direct investments as a method of growth, in turn giving rise to the implementation of various regulatory strategies. Innovatively focusing on the inter-relation between performance requirements and investment incentives, David Collins illustrates the problems caused by their differential control and considers some possible approaches to achieving effective oversight. Drawing on network governance theory, he considers a unified regime of governance, which would allow for more comprehensive and systematic evaluation.Detailed and informative, this book will prove a useful reference tool for both academic and practicing lawyers as well as providing an excellent grounding for students and scholars of international economic law and international investment law. Governmental policy analysts will find its accessible style highly rewarding.Table of ContentsContents: Introduction 1. Performance Requirements and Investment Incentives: An Overview 2. The National Treatment Standard and Differential Treatment of Foreign Investors 3. Performance Requirements and International Trade Law 4. Performance Requirements and International Investment Law 5. Investment Incentives and International Trade Law 6. Investment Incentives and International Investment Law 7. Conclusions and Recommendations Index

    4 in stock

    £100.00

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