Public international law: economic and trade Books

Book SynopsisThe Encyclopedia is the definitive reference work on international economic law. This comprehensive resource helps redefine the field by presenting international economic law in its broadest, real-world context. Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries written by leading scholars and practitioners, traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights. The concise entries present an accessible and condensed overview of each topic within its legal context. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Selected references follow each entry, suggesting directions for further detailed exploration of the topic. This Encyclopedia is an invaluable resource for both practitioners and academics. It acts as a handy reference to all areas of international economic law, and provides the ideal starting point for any research journey. Key features: valuable reference tool for scholars, students and practitioners organised thematically, covering newly developing areas of international economic law concise, structured entries from the top experts in the field selected references for further study. Trade Review'Comprehensive in approach, the Elgar Encyclopedia of International Economic Law is an invaluable and thought-provoking resource for scholars and students of international economic law, as well as for practitioners. Reuniting some of the greatest experts in the field, it will become an indispensable guide to grasp the momentous transformations and evolutions of this flourishing discipline.' - Helene Ruiz Fabri, Max Planck Institute Luxembourg for Procedural Law'The Encyclopedia of International Economic Law is a superb resource. It breaks new ground in defining international economic law as a specific and unified discipline, yet manages to cover all of the diverse aspects that contribute to international economic law. This volume will be extremely useful for practitioners and academics, and should have a significant impact in making what is often seen as an unrelated array of diverse topics into a single, cohesive and coherent field.' - Meg Kinnear, Secretary-General, ICSID'The Elgar Encyclopedia is an amazing compendium covering the full range of international economic law - from its fundamental foundations, history and significant institutions to the basic principles and rules, with a separate section on controversial contemporary issues. Over 250 entries written by the leading authorities in their field succinctly explain the key concepts in clear, understandable language and provide comprehensive references for those seeking additional detail. This work will surely become the standard reference book in the field.' - William J. Davey, University of Illinois, USTable of ContentsContents: PART I: Foundations and Architecture 1.1 Subject Matter of International Economic Law Jeffrey L Dunoff 1.2 Relationship of International Economic Law to other Areas of Public International Law Pierre-Marie Dupuy 1.3 Relationship of International Economic Law to Private International Law Jorun Baumgartner 1.4Relationship of International Economic Law to Domestic Law Christian Tietje B. Foundational Concepts 1.5 Rule of Law in International Economic Relations Andrew Lang 1.6 Harnessing Globalization and Enhancing Welfare Jumoke Oduwole 1.7 Combating Protectionism and State Failures Todd Weiler 1.8 Maintaining Sovereignty and Policy Space Krista Nadakavukaren Schefer 1.9 Fostering Development Frank J Garcia C. Historical Perspective 1.10 Mercantilism Craig VanGrasstek I.11 Sovereignty Craig VanGrasstek 1.12 Bilateralism in International Economic Law Meredith Kolsky Lewis 1.13 Multilateralism in International Economic Law Meredith Kolsky Lewis 1.14 Plurilateralism in International Economic Law Meredith Kolsky Lewis 1.15 Towards Mega-Regionalism in International Economic Law Peter-Tobias Stoll 1.16 Globalization and Multi-Level Governance Ernst-Ulrich Petersmann D. Sources of Law 1.17 General Principles of Law in International Economic Law Georges Abi-Saab 1.18 Customary International Law in International Economic Law Patrick Dumberry 1.19 Role of Courts in International Economic Law Eric de Brabandere 1.20 Treaties and Treaty Interpretation in International Economic Law Isabelle Van Damme 1.21 Soft Law in International Economic Law Chris Brummer 1.22 Networking and Informal Cooperation in International Economic Law Jan Wouters 1.23 Role of Empirical Research in International Economic Law Anne Van Aaken E. Regulatory Approaches 1.24 The Shift to Non-tariff Barriers and Product Regulation Thomas Cottier and Jonas Baumann 1.25 Minimum StandardsThomas Cottier and Jonas Baumann 1.26 Harmonization Thomas Cottier and Brigitta Imeli 1.27 Equivalence and Mutual Recognition Thomas Cottier and Brigitta Imeli 1.28 Regulatory Cooperation and Concertation – the Example of TTIP Negotiations Thomas Cottier Part I Section II: Architecture 1.29 Leadership and Policy Making in International Economic Law Diane A Desierto 1.30 The Legal Relationship of International Organizations Marina Foltea A. General, Trade and Investment Related Institutions 1.31 World Trade Organization (WTO) Gabrielle Marceau 1.32 United Nations Conference on Trade and Development (UNCTAD) Kendra Magraw 1.33 International Centre for Settlement of Investment Disputes (ICSID) Stanimir A Alexandrov 1.34 Multilateral Investment Guarantee Agency(MIGA) Julian M Powell 1.35 Organisation for Economic Co-operation and Development (OECD) David Gaukrodger 1.36 Group of Twenty (G-20) Peter I Hajnal B. Monetary Institutions 1.37 International Monetary Fund (IMF) Ben Thirkell-White 1.38 Central Banks Gavin Bingham 1.39 Bank of International Settlements (BIS) Pierre Panchaud 1.40 International Association of Insurance Supervisors (IAIS) Johnny Chang Kuan-Chun 1.41 International Organization of Securities Commissions (IOSCO) Christoph B Bühler 1.42 Financial Action Task Force (FATF) Riccardo Sansonetti 1.43 Financial Stability Board (FSB) Eva Hüpkes 1.44 Group of Seven (G-7)/ Group of Eight (G-8) Peter I Hajnal 1.45 Business Twenty (B-20) Kathrin Betz C. International Tax Institutions 1.46 Organisation for Economic Co-operation and Development (OECD) Tax Policy Networks Allison Christians889 1.47 UN Tax Committee Allison Christians 1.48 EU Taxation and Customs Union Directorate-General Allison Christians 1.49 Group of 20 (Role in Tax) Allison Christians 1.50 International Chamber of Commerce (ICC) Commission on Taxation Allison Christians 1.51 International Fiscal Association (IFA) Allison Christians D. Development Institutions 1.52 World Bank Group (WBG) Mark S Ellis 1.53 Regional Development Banks (IDB) Suresh Nanwani 1.54 International Trade Center (ITC) Stephen Browne 1.55 United Nations Development Programme (UNDP) Krista Nadakavukaren Schefer E. Intellectual Property Institutions 1.56World Intellectual Property Organization (WIPO) Holger Hestermeyer 1.57 The European Patent Organization (EPO) Felix Addor F. Energy Institutions 1.58 Energy Charter Treaty (ECT) Kaj Hobér 1.59 International Energy Agency (IEA) Yulia Selivanova G. Standard-Setting Organizations 1.60 International Standards Organization (ISO) Olia Kanevskaia 1.61 International Electrotechnical Commission (IEC) Olia Kanevskaia 1.62 International Telecommunications Union (ITU) Olia Kanevskaia H. Institutions Related to International Economic Law 1.63 International Labour Organization (ILO) François Maupain and Marialaura Fino 1.64Food and Agriculture Organization of the United States (FAO) Xuan Li 1.65 World Health Organization (WHO) Benn D McGrady 1.66 United Nations Environment Programme (UNEP) Julian M Powell 1.67 International Civil Aviation Organization (ICAO) Stephan Hobe PART II – PRINCIPLES Part II Section I – Non-Discrimination in Trade of Goods and Services A. Most-Favoured Nation Treatment (MFN) 2.1 The Principle of Most Favoured Nation Treatment Armand de Mestral 2.2 Unconditional MFN William J Davey 2.3 Conditional MFN William J Davey 2.4 Regional Integration and Preferential Trade Thomas Cottier and Lothar Ehring 2.5 Special and differential Treatment Charlotte Sieber-Gasser 2.6 Enabling Clause Christian Häberli 2.7 Graduation Arthur E Appleton 2.8 Implied Departures from MFN and Differential Treatment Thomas Cottier B. National Treatment 2.9 Different Functions in Goods and Services Nicolas F Diebold 2.10 Comparability in International Economic Law Nicolas F Diebold 2.11 Comparability in IEL: Goods Kateryna Holzer 2.12 Comparability in IEL: Services Nicolas F Diebold 2.13 Process and Production Methods (PPMs) Kateryna Holzer 2.14 Less Favourable Treatment Lothar Ehring 2.15 Standard of Review Petros C Mavroidis Part II Section II Non-Discrimination on Foreign Direct Investment 2.16 Most-Favoured Nation Treatment in Investment Law Piero Bernardini 2.17 National Treatment in Investment Law Andrea K Bjorklund Part II Section III – Minimum Standards in Investment Law 2.18 Non-Arbitrariness Federico Ortino 2.19 Fair and Equitable Treatment (FET) Martins Paparinskis 2.20 Full Protection and Security J Anthony VanDuzer Part II Section IV – Transparency and Good Governance A. Transparency 2.21 State Transparency Stephan W Schill and Felix Boos 2.22 Transparency in International Institutions Luis Miguel Hinojosa Martínez 2.23 Transparency in Dispute Settlement Maxi C Scherer and Dimitrij Euler B. Good Governance 2.24 Democracy and Minority Rights Philippe Coppens 2.25Corruption Krista Nadakavukaren Schefer Part II Section V Protecting Domestic Policy Space 2.26 Balancing a Diversity of Interests Jonathan Gass 2.27 Implementing Domestic Law Amelia Porges A. Recognised Policies Protecting Domestic Policy Space 2.28 Public Morals Robert Howse 2.29 Environmental Protection Lorenzo Cotula 2.30 Public Health Lawrence O Gostin 2.31 Culture Valentina Vadi 2.32 Human Rights Krista Nadakavukaren Schefer 2.33 Labour Protection Drusilla Brown 2.34 Financial Stability Nina Reiser 2.35National Security Henri Culot 2.36 Development Celine Tan B. Specific Exemptions in Trade Law Protecting Domestic Policy Space 2.37Article XX GATT, Art XIV GATS Peter Van den Bossche 2.38 Safeguards Yong-Shik Lee 2.39 Waivers Isabel Feichtner 2.40 Derogations and Exceptions in Other WTO Instruments Marie Wilke E. Specific Exceptions in Investment Law protecting Domestic Policy Space 2.41 Specific Exceptions in Investment Law protecting Policy Space Jarrod Hepburn Part II Section VI Adjudication and Enforcement A. The Role of the Domestic Courts 2.42 Direct Effect of International Agreements Matthias Oesch 2.43 Fork-in-the-Road Provisions August Reinisch B. Basic Principles of International Dispute Settlement 2.44 Pacta Sunt Servanda Freya Baetens 2.45 State Responsibility Freya Baetens 2.46 Choice of International Forum Rodrigo Polanco C. International Court of Justice 2.47 International Court of Justice Robert Kolb D. WTO Dispute Settlement Understanding 2.48 DSU: Jurisdiction and Procedures Daniel C Crosby 2.49 DSU: Appeals Daniel C Crosby 2.50 DSU: Implementation Stage Procedures Valerie Hughes 2.51 DSU: RemediesValerie Hughes E. Investment Arbitration Fora 2.52 Permanent Court of Arbitration (PCA) Brooks W Daly and Judith Levine 2.53 ICC International Court of Arbitration Galina Zukova 2.54 Arbitration Institute of the Stockholm Chamber of Commerce (SCC) Joel Dahlquist Cullborg 2.55 London Court of International Arbitration (LCIA) Baiju S Vasani 2.56 Ad hoc Investment Arbitration Ucheora Onwuamaegbu F. Procedural Aspects 2.57Jurisdiction in International Arbitration Jan Paulsson 2.58 Admissibility in International Arbitration Veijo Heiskanen 2.59 Working Procedures in International Arbitration Jonathan Gass 2.60 Implementation and Enforcement in International Arbitration Stephan Wilske and Chloë Edworthy 2.61 International Arbitrator Ethics Catherine A Rogers G. Resistance to Arbitration 2.62 Resistance to Arbitration Lise Johnson H. Other Forms of Enforcement 2.63 Trade Policy Review Mechanism (TRPM) Mathias Kende 2.64 Investor-State Conflict Management Roberto Echandi and Mariana Hernandez Crespo Gonstead Part II Section VII Economic Sanctions 2.65 UN Security Council Resolutions in International Economic Law Gary Clyde Hufbauer and Euijin Jung 2.66 Targeted Sanctions in International Economic Law Marcos Tourinho 2.67 Unilateral Sanctions in International Economic Law Henri Culot 2.68 Reconciling Trade Sanctions and Awards in Commercial Arbitration Shaheeza Lalani and Mansur Pour Rafsendjani PART III – Main Regulatory Areas A. Market Access: Customs Regulation 3.1 Harmonised System and Schedules of Concession Davide Rovetta 3.2 Modes of Multilateral Tariff Negotiations Claudio Dordi 3.3 Impact of Free Trade Agreements and Customs Unions Claudio Dordi 3.4 The International Law of Customs: Customs Valuation Davide Rovetta and Laura Carola Beretta 3.5 The International Law of Customs: Rules of Origin (RoO) Davide Rovetta and Laura Carola Beretta 3.6 The International Law of Customs: Trade Facilitation Davide Rovetta and Laura Carola Beretta 3.7 The International Law of Customs: Preshipment Inspection Davide Rovetta and Laura Carola Beretta 3.8 Taxation and Border Tax Adjustment Claudio Dordi B. Market Access: Quantitative Restrictions in Goods and Services 3.9 Quotas and Import Licensing Ilaria Espa 3.10 Voluntary Export Restraints (VERs) and Orderly Marketing Arrangements (OMAs) Meredith Kolsky Lewis 3.11 Export Restrictions Ilaria Espa 3.12 Quantitative Restrictions in Services Panagiotis Delimatsis 3.13 Counterfeiting and Piracy Bryan Mercurio 3.14 Exhaustion of Rights and Parallel Importation in Intellectual Property Jayashree Watal 3.15 The Impact of Preferential Trade Agreements Frederick M Abbott 3.16 Investment Barriers-to-Entry Wolfgang Alschner C Trade Remedies and Countervailing Duties 3.17 Rules on Safeguard Measures Fernando Piérola and Nathalie Diaz 3.18 Rules on Anti-Dumping Measures James D Nedumpara 3.19 Rules on Subsidies Luca Rubini 3.20 Anti-Dumping and Preferential Trade Agreements Gary Horlick and Margaret J Spicer Part III Section II Domestic Regulation (Behind the Borders) A. Impact of Domestic Regulation on Trade in Goods, Services and on Investment 3.21 Rules Relating to Goods Thomas Cottier 3.22 Rules on Domestic Regulation Relating to Services Panagiotis Delimatsis 3.23 Rules Relating to Intellectual Property Thomas Cottier 3.24 Rules Relating to Investment Peter Muchlinski 3.25 The Impact of Labour Standards Franziska Humbert B. Harmonization, Equivalence and Mutual Recognition 3.26 Regulatory Barriers to Trade: Regulations and Standards Arthur E Appleton 3.27 Regulatory Barriers to Trade: Private Standards Philipp Aerni 3.28 Sanitary and Phytosanitary Measures Joanne Scott and Lukasz Gruszczynski 3.29 Impact of Preferential Trade Agreements on Regulation and Standards Charlotte Sieber-Gasser 3.30 Harmonization and Mutual Recognition in Services: GATS (Article VII) Charlotte Sieber-Gasser PART III Section III Trades in Services and Specific SectorsA. WTO Commitments 3.31 Trade in Services in the WTO – General Rules Panagiotis Delimatsis 3.32 Trade in Services in the WTO – Specific Commitments Panagiotis Delimatsis B. Preferential Trade in Services Agreements 3.33 Trade in Services: Preferential Trade Agreements Charlotte Sieber-Gasser 3.34 The Trade in Services Agreement (TiSA) Pierre Sauvé C. Specific Sectors 3.35 Business Services Dale Honeck 3.36 Communication Services Mira Burri 3.37 Distribution Services Joscelyn Magdeleine 3.38 Educational Services Antoni Verger and Xavier Bonal 3.39 Environmental Services Mireille Cossy 3.40 Energy Services Olga Nartova 3.41 Financial Services Krista Nadakavukaren Schefer 3.42 Health Services Anna Lanoszka 3.43 Recreation, Cultural and Sporting Services Véronique Guèvremont 3.44 Air Transport Services Antonia Carzaniga 3.45 Maritime Transport Services Antonia Carzaniga 3.46 Land Transport Services Antonia Carzaniga PART III SECTION IV Government Procurement A. The Government Procurement Agreement (GPA) 3.47 Thresholds and Non-Discrimination under the GPA Mintewab Gebre Woldesenbet 3.48 Procedures under the GPA Robert D Anderson and Caroline Müller 3.49 The 2012 Revision of the WTO Government Procurement Agreement (GPA) Marc Steiner B. Government Procurement in Preferential Trade Agreements 3.50 Government Procurement in Preferential Trade Agreements Maria Anna Corvaglia PART III SECTION V Sectorial Agreements 3.51 The WTO Agreements on Agriculture (AoA) Christian Häberli 3.52 The Decision on LLDCs and Food Importing Developing Countries (NFIDC) Christian Häberli 3.53 The Agreement on Trade in Civil Aircraft Luca Rubini PART III SECTION VI Competition Law and Policy 3.54 Relationship of Competition Law to Trade and Investment Rules Robert T Anderson and Anna Caroline Muller 3.55 Protection of Unfair Competition and of Consumers Thomas Cottier 3.56 Anti-Trust Rules Marek Martyniszyn 3.57 Anti-Trust Rules in Domestic Jurisdiction Thomas Cottier 3.58 International Competition Network (ICN) Mitsuo Matsushita 3.59 The Role of the WTO in Competition Policy Mitsuo Matsushita 3.60 Impact of Preferential Trade Agreements on Competition Law and Policy Robert D Anderson and Anna Caroline Müller 3.61 The Role of the OECD in Competition Policy Robert D Anderson and Nivedita Sen 3.62 The Role of UNCTAD in Competition Law and Policy Marek Martyniszyn 3.63 Anti-trust, Human Rights and Development Marek Martyniszyn PART III SECTION VII Labour Mobility A. Trade, Investment and Migration 3.64 A Legacy of Fragmentation in Migration, Trade and Investment Law Idil Atak and François Crépeau 3.65 International Fora on Cooperation in Migration Elisa Fornalé B. Mode 4 Commitments 3.66 Mode 4 Commitments in GATS Charlotte Sieber-Gasser 3.67 Mode 4 Commitments in PTAs Charlotte Sieber-Gasser 3.68 Readmission and Cooperation Agreements Rosa Maria Losada PART III SECTION VIII Tax Law as an Issue of International Economic Law 3.69 The Importance of Tax in International Economic Law Allison Christians 3.70 National Sovereignty and Taxation Wolfgang Schön 3.71 Jurisdiction and Impact of National TreatmentGiedre Lideikyte-Huber1199III.72Tax Evasion and Mutual AssistanceLynne Oats and Angharad Miller PART III SECTION IX The Protection of Property A. Property Rights 3.73 Property Rights, Legal Security and Development Thomas Cottier B. Intellectual Property Protection 3.74 Goals, Principles and Minimum Standards of Protection of Intellectual Property Rights (IPRs) Frederick M Abbott 3.75 The Impact of Preferential Trade Agreements on IPR Protection Bryan Mercurio 3.76 Relation of IPRs to Trade, Investment and Anti-Trust Rules Beatriz Conde Gallego and Henning Grosse Ruse-Khan 3.77 Fair Use and Compulsory Licensing Henning Grosse Ruse-Khan 3.78 Specific Concerns of Developing Countries in Intellectual Property Rights Carlos M Correa 3.79 Toward Ceilings and Graduation of IP obligations Henning Grosse Ruse-Khan C. Investment Protection 3.80 Coverage in Investment Protection Andrew Mitchell and Jacky Mandelbaum 3.81 Right to Use and Direct Expropriation Noah Rubins 3.82 Indirect Expropriation Diego Brian Gosis PART III SECTION X Monetary and Financial Regulation A. Law and Economics in Monetary Affairs 3.83 Allocation of Powers and Jurisdiction in Monetary Law Rosa Maria Lastra 3.84 The Role of Law in Monetary Policies Rosa Maria Lastra B. Monetary Policies and International Economic Law 3.85 The role of the International Monetary Fund R Michael Gadbaw 3.86 The Role of the World Trade Organization (WTO) in Monetary Affairs R Michael Gadbaw C. Financial Regulation 3.87 International Standards Eva Hüpkes 3.88 Banking Core Principles Xavier-Yves Zanota 3.89 Insurance Core Principles Rekha Oleschak-Pillai 3.90 Standards for Market Actors Rashid Bahar PART IV : Cross-Cutting Challenges PART IV SECTION I Integrating Domestic and International Economic Law 4.1 Multi-Level Governance and Public Goods Ernst-Ulrich Petersmann 4.2 The Role of Vertically Shared Principles Thomas Cottier 4.3 The Role of Lawyers, Courts and Legal Education Thomas Cottier 4.4 Graduation of Rights and Obligations in Future Agreements: Towards Progressive Regulation Thomas Cottier PART IV SECTION II International Economic Law and the Private Sector 4.5 Corporations’ Responsibility in International Law Karin Buhmann 4.6 Corporate Codes of Conduct Karin Buhmann 4.7 Role of Lobbies and Associations Cristián Rodriguez Chiffelle and Nicole Graugnard 4.8 Delegated Regulations: Normalization Simon Brinsmead Part IV SECTION III Global Value Chains 4.9 Linking Goods and Services in the Value Chain Marina Foltea 4.10 Regulatory Implications and Challenges of Global Value Chains Marina Foltea PART IV SECTION IV Combating Poverty 4.11 Aid for Trade Initiative Jean-Jacques Hallaert 4.12 Technology Transfer Jeffery Atik 4.13 IMF Facilities Annamaria Viterbo 4.14 Microfinance Beatriz Armendáriz 4.15 Debt Relief Karen Halverson Cross 4.16 Sovereign Debt Giuseppe Bianco 4.17 Stimulating the Private Sector Philippe Aerni PART IV SECTION V International Economic Law and Sustainable Development 4.18 The Principles of Precaution and Sustainability Laurence Boisson de Chazournes and Makane Mbengue 4.19 The Role of Environmental Processes and Production Methods Kateryna Holzer 4.20 Climate Change Mitigation and Renewable Energy Tetyana Payosova 4.21 Soil as a Common Concern: Toward Disciplines on Sustainable Land Management Thomas Cottier and Elisabeth Bürgi 4.22 Environmental Taxes Alice Pirlot 4.23 New Disciplines on Energy Law Ilaria Espa 4.24Trade, Environment and the Law of the Sea Judith Wehrli 4.25 Integrating Trade, Investment and Climate Change Rodrigo Polanco PART IV SECTION VI International Economic Law and Human Rights 4.26 Property Rights Beyond Foreign Direct Investment Thomas Cottier and Elisabeth Bürgi 4.27 Land Grabbing, Human Rights and Land Registration Protection Tomas Cottier and Elisabeth Bürgi 4.28 Right to WaterMariel Dimsey 4.29 Trade in Bulk WaterFitzgerald Temmerman 4.30 Right to Water: Trade in Virtual Water and Product Standards Fitzgerald Temmerman 4.31 Right to Electricity Karolis Gudas 4.32 Right to Health Tania Voon 4.33 Right to Access to Medicines Frederick M Abbott 4.34 Right to Adequate Food Bernard O’Connor 4.35 Rights of Women Barnali Choudhury 4.36 Rights of Persons with Disabilities Caroline Hess-Klein 4.37 Rights of Indigenous Peoples Marie Wilke Index

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Book SynopsisThis book provides a magisterial account of the history, conceptualization, and institutionalization of the concept of sustainable development in international law and policy-making. It provides helpful and insightful illumination of these issues, both at a general level and specifically through an extended case study of the evolution of the WTO Agreement on Agriculture - a particularly appropriate choice of case study given that agriculture implicates a wide range of divergent values, including the economic benefits of free trade; promoting access to affordable food; protecting small subsistence farmers, especially in developing countries; and minimizing environmental degradation through over-exploitation of natural resources such as fisheries, soil depletion or contamination. An overarching and constructive theme of the book is the need for greater legal coherence in international law making across these various domains which are often fragmented in institutional silos that lack effective integrating mechanisms.'- Michael Trebilcock, University of Toronto, Canada'Sustainable development, now made fully operational thanks to the contribution of Elisabeth Bürgi Bonanomi, can support policy reforms that will improve global governance, thus ensuring that the trade regime is shaped to support the policy objectives that it is meant to serve. The area of food and agriculture is in many ways a case study of a lack of consistency across policy areas. It is now high time to overcome this failure. I have no doubt that this volume represents a major contribution towards this end.'- Olivier De Schutter, Member of the UN Committee on Economic, Social and Cultural RightsThe concept of sustainable development has become a fundamental discourse in international decision making. To enable pragmatic sustainable development governance, legally coherent, mutually supportive multilateral treaties are both necessary and important. This timely book provides an accessible insight into how the concept of sustainable development can be made operational for coherent law making through its translation into legal terms.The book is split into two informative points of inquiry. The first part of the book explores the origins of the sustainable development debate and sheds light on how the international community has inadequately operationalized the concept to utilize its full potential. In this view, Elisabeth Bürgi Bonanomi illustrates how sustainable development can facilitate coherent international law making when it is understood as a multidimensional legal principle and methodical norm. The second part of the book adopts this notion as an analytical lens on the WTO Agreement on Agriculture, placing the focus specifically on food security and food sustainability. The overarching discussion contributes to one of the most intricate debates of international food governance and investigates the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.Providing a comprehensive overview of sustainable development law, its origins, and its current theories, scholars and students with a background in international public law, trade, and investment law, development and human rights law, international relations, and environmental policy will find this book a valuable reference tool. Practitioners and policy-makers will benefit from the insight into the search for politically coherent and sustainable legal agreements.Trade Review‘This book provides a magisterial account of the history, conceptualization, and institutionalization of the concept of sustainable development in international law and policy making. It provides helpful and insightful illumination of these issues, both at a general level and specifically through an extended case study of the evolution of the WTO Agreement on Agriculture – a particularly appropriate choice of case study given that agriculture implicates a wide range of divergent values, including the economic benefits of free trade; promoting access to affordable food; protecting small subsistence farmers, especially in developing countries; and minimizing environmental degradation through over-exploitation of natural resources such as fisheries, soil depletion or contamination. An overarching and constructive theme of the book is the need for greater legal coherence in international law making across these various domains which are often fragmented in institutional silos that lack effective integrating mechanisms.’ -- Michael Trebilcock, University of Toronto, Canada‘Sustainable development, now made fully operational thanks to the contribution of Elisabeth Bürgi Bonanomi, can support policy reforms that will improve global governance, thus ensuring that the trade regime is shaped to support the policy objectives that it is meant to serve. The area of food and agriculture is in many ways a case study of a lack of consistency across policy areas. It is now high time to overcome this failure. I have no doubt that this volume represents a major contribution towards this end.’ -- Olivier De Schutter, Member of the UN Committee on Economic, Social and Cultural Rights‘Understanding the problems of global food governance through the lens of sustainable development provides an important way of reinvigorating the increasingly fractious debate about how, if at all, the WTO Agreement on Agriculture should be changed to accommodate the contemporary challenges of global food security. Elisabeth Bürgi Bonanomi’s book is an interesting and very welcome addition to the literature.’ -- Fiona Smith, Warwick University, UK* Following quote should not be used without the express permission of the author‘Elisabeth Bürgi Bonanomi’s book is a refreshing new look at an established concept. Many believe ‘sustainable development’ need not be explained to them. Think again. By reviewing the concept’s origins and tracking its application in treaty and case-law alike, this book offers a much needed revisit of an issue core to international environmental law.’ -- Geert van Calster, University of Leuven, BelgiumTable of ContentsContents: PART I THE FOUNDATIONS OF SUSTAINABLE DEVELOPMENT 1. History of the Concept of Sustainable Development 2. Conceptual and Institutional Approaches Towards Sustainable Development PART II SUSTAINABLE DEVELOPMENT IN INTERNATIONAL LAW 3. International Sustainable Development Law: A New Branch of Law 4. Notion of Legal Coherence in the Context of Sustainable Development 5. Status of the Principle of Sustainable Development in International Law PART III TRADE IN AGRICULTURE ASSESSED FOR COHERENCE 6. The Legal Foundations of the Assessment 7. Legal Principle of Sustainable Development Applied to the Agreement on Agriculture Bibliography Index

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Book SynopsisThis book offers a critical reflection of the North-South regional trade agreements (RTAs), known as the Economic Partnership Agreements, negotiated between the EU and the African, Caribbean, and Pacific countries. Conceiving of regions as legal regimes, Clair Gammage highlights the challenges facing developing countries when negotiating RTAs with developed countries. North-South Regional Trade Agreements as Legal Regimes offers a rich analysis of the negotiations between the EU and the southern African regional group as well as a factual presentation of liberalisation under the final agreement. Interrogating the assumption that economic growth will lead to sustainable development, this book draws insights from the experience of the Caribbean countries as they implement their Economic Partnership Agreement to question the extent to which RTAs between developed and developing countries will and can promote development through trade. This unique book will appeal to academics and advanced students in international trade law and development law. Trade practitioners in government, the private sector and civil society, including those involved in policy making and challenging the policy making process will appreciate the author's lucid analysis of analysis of the law and the broader concept of promoting development through trade.Trade Review'This is a must-read for anyone interested in regionalism, trade, human rights and sustainable development, and how law connects these areas. While focusing empirically on the Economic Partnership Agreement (EPA) between the European Union (EU) and the Southern African Development Community (SADC), Gammage transcends the bounderies of law, politics, economics, development studies and ethics with a truly critical and interdisciplinary account that combines various theoretical perspectives including the Habermasian paradigm of law as discourse, the Gramsian notion of hegemony, and the capabilities approach of Amartya Sen.' --Jan Orbie, Ghent University, Belgium'For the best part of two decades, the EU and ACP have been engaged in protracted negotiations, to find a successor to the Lome trade and development regime. In this important new book, Clair Gammage shows how and why these negotiations have defied common understanding of how North-South trade diplomacy actually works. Combining critical legal and international political economy scholarship with rich empirical detail, Gammage argues that the absence of equitable and meaningful deliberation during the process of the negotiations ultimately determined the outcome of these negotiations. This, in turn, explains why the EU-ACP Economic Partnership Agreements have, in almost all instances, fallen a long way short of original ambitious. In short, this book is an essential read for all interested in the past, present and future of EU-ACP relations.' --Tony Heron, University of York, UKTable of ContentsContents: 1. Integration Through Law 2. Regional Trade Agreements as Legal Regimes 3. The EU as a Global Actor 4. The Normative Legal Character of Sustainable Development 5. Transforming the ACP-EU ‘Special’ Relationship 6. African Regionalisms as Flexible Legal Regimes 7. Regionalism in Southern Africa 8. The SADC EPA: A Driver of Development? 9. Lessons from the CARIFORUM EPA Index

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Book SynopsisMega-regionalism in the Asia Pacific has led to the formation of several emerging trade blocs, including the Trans-Pacific Partnership. This book, in addition to the examination of trade policies in the region, offers a comprehensive analysis of ongoing developments such as the impact of new members on the incumbent TPP-12 and its spillover to third parties, as well an objective study of the crucial issues of liberalization of agriculture, pharmaceuticals, and intellectual property rights. Split into three diverse sections, this book is a joint venture of many outstanding scholars in various disciplines, all with expertise in the Asia Pacific's regional affairs. These contributions provide readers with a rigorous assessment of membership enlargement and sectorial liberalization of the TPP as well as the pathways toward region-wide free trade areas. Editor Peter C.Y. Chow includes both an analysis of the trade policies of China and the US and a discussion of the impact of new members on trade complementarity, global value chains, and the US's trade balance. Detailed studies on the effect of Taiwan's membership on the US economy and industries such as agriculture, manufacturing, and service are also explored.This edited volume will attract readers interested in international trade, economic integration, and globalization. Academics and practitioners in geopolitics, geo-economics, and international relations in the Asia Pacific will also be of interest.Contributors include: C. Barfield, T.-J. Cheng, L.-i. Chen Chiu, P.C.Y. Chow, D. Ciuriak, B.-X. Hsu, W.-C. Lee, C.-Y. Liu, A. Somwaru, H. Thompson, F. Tuan, J. XiaoTrade Review'This book is an outstanding collection of essays on the TPP. All 11 chapters were written by professionals. It starts with insightful analyses of the US security and economic interests, and the U.S. leadership in rebalancing Asia-Pacific. The book also includes unique captivating topics on pros and cons of enlarging the TPP memberships, especially using Taiwan as an example, and the effects of sectorial liberalization on agriculture, pharmaceuticals, income redistribution, and intellectual property protection. This book is a timely study of the TPP and is essential for economic and trade policymakers, political scientists, and empirical economists.' --Frank S.T. Hsiao, University of Colorado BoulderTable of ContentsContents: Preface PART I THE PATHWAYS TOWARD MEGA REGIONALISM AND THE TWO MAJOR PLAYERS 1. Pathways to a Free Trade Area of the Asia Pacific: Problems and Prospects Peter C.Y. Chow 2. The Trans-Pacific Partnership and America’s Strategic Role in Asia Claude Barfield 3. Wrestling over the Trans-Pacific Partnership: US Strategic Interests, China’s Responses, and Taiwan’s Membership Options Tun-Jen Cheng and Wei-Chin Lee PART II ENLARGING THE TPP MEMBERSHIP AS A ROAD MAP TOWARD MEGA TRADE BLOC 4. Taiwan's TPP Accession: Impact on the TPP12 and Spillovers on Third Parties Dan Ciuriak and Jingliang Xiao 5. Trade Complementarity and Natural Trading Partners between the US and Second Round of TPP members Peter C.Y. Chow 6. The Impact of Taiwan’s TPP Accession on the United States Dan Ciuriak and Jingliang Xiao 7. TPP as A Pathway to APEC-based FTAAP Peter C.Y. Chow and Bo-Xian Hsu PART III SECTORIAL LIBERALIZATION OF TRADE UNDER TPP 8. Agriculture and TPP with or without China – A Partial Equilibrium Analysis Francis Tuan and Agapi Somwaru 9. Pharmaceuticals and Herbal Medicine in the Asia Pacific amidst TRIPS and the TPP Lee-in Chen Chiu 10. Services and Income Redistribution in Specific Factor Models of the Trans-Pacific Partnership Henry Thompson 11. The Case for Flexible Intellectual Property Protections in TPP: How Can the US Do It Correctly Ching-Yi Liu Index

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Book SynopsisHow substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future.This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law.Contributors: A. Arena, C. Beaton-Wells, M. Bernatt, M. Botta, M. De Benedetto, G. Di Federico, A. Foer, C.A. Jones, K. Kowalik-Banczyk, F. Marcos, P. Nihoul, P.J. Pipková, A. Sanchez Graells, T. Skoczny, A. Svetlicinii, L. Tichý, P. Van Cleynenbreugel, D. ZimmerTrade Review‘This book definitely makes an interesting and useful contribution for academic discussion and provides food for thought for law-makers.’ -- European Competition Law Review‘The book contains a varied and thought-provoking set of contributions very useful to the debate on the topic of striking the right balance between effectiveness of competition law enforcement and right to due process. The book is also of great interest to practitioners for the wealth of references to cases and legal arguments used before courts to challenge the fairness of competition law proceedings.’ -- The Competition Law Observatory‘Overall the book is well structured, containing considerable detail and analysis that is supported by case law. It covers a variety of procedural fairness issues in several different contexts both domestically and at an international competition law level. . . it provides some fresh insight for practitioners, researchers and policy makers alike and is a useful window into an area of competition law that deserves attention.' -- Competition and Consumer Law JournalTable of ContentsContents : Preface Paul Nihoul and Tadeusz Skoczny PART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS 1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It’s Not Fair Caron Beaton-Wells 2. Effectiveness through Fairness? ‘Due Process’ as an Institutional Precondition for Effective Decentralised EU Competition Law Enforcement Pieter Van Cleynenbreugel 3. ‘Human Rights’ Protection for Corporate Antitrust Defendants: Are We Not Going Overboard? Albert Sanchez Graells and Francisco Marcos 4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Institutions: The Case for Procedural Fairness as a Necessary Precondition Amedeo Arena PART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD 5. Competition Enforcement: A Look at Inspections Maria De Benedetto 6. The Role of the Hearing Officer in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011 Giacomo Di Federico 7. An Elusive Convergence – Rights of Defence in Competition Matters in the Jurisprudence of the CJEU Krystyna Kowalik-Bańczyk 8. Into the Parallel Universe: Procedural Fairness in Private Litigation after the Damages Directive Clifford A. Jones 9. Fairness in State Aid Procedure: A Contribution to the Debate on the Right to Participate Luboš Tichý and Petra Joanna Pipková PART III RIGHT TO JUDICIAL REVIEW 10. Competition Law Enforcement: Administrative versus Judicial Systems Daniel Zimmer 11. The Fairness Debate in the US Albert Foer 12. The Right of Fair Trial in Competition Law Proceedings; Quo vadis the Courts of the New EU Member States? Marco Botta and Alexandr Svetlicinii 13. Deferential Standard of Judicial Review in the light of Article 6 of the ECHR Maciej Bernatt Discussion Report (CARS) Index

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Book SynopsisFossil fuel consumption is an increasingly volatile issue, and its subsidisation continues to be challenged by lobbyists and activists. This timely book provides an empirically-grounded and theoretically-informed account of international law sources, mechanisms, initiatives and institutions relevant to the practice of subsidising fossil fuel consumption and production. This book offers a wide-ranging analysis and critique of polycentric international responses to environmentally harmful fossil fuel subsidies. Drawing on interviews with officers and representatives of a wide range of institutions involved in subsidy reform, as well a broad range of cabinet papers and diplomatic correspondence, Vernon Rive dissects and maps the activities of the international legal and governance framework relevant to fossil fuel subsidy reform. Featuring sustained and comprehensive analysis throughout, the book considers the existing WTO framework's potential to legally challenge fossil fuel subsidy practices. This engaging book will be indispensable to researchers in law with a particular interest in the frameworks that underpin and challenge fossil fuel subsidies. Furthermore, it will provide critical insight for legal practitioners and policymakers operating in international trade and environment policy, as well as wider global climate change networks.Trade Review'Why are countries still subsidising oil, gas and coal when climate change is upon us? By masterfully mapping and assessing trade, investment and other regimes of international law, as well as policy forums such as the G20, Vernon Rive provides crucial insights into fragmentation, forum shifting and prospects for reform.' --Margaret Young, University of Melbourne, AustraliaTable of ContentsContents: PART I BACKGROUND AND FOUNDATIONS 1. Introduction 2. Historical and global overview of fossil fuel subsidies 3. Operation and critiques of fossil fuel subsidies PART II MAPPING AND ASSESSING INTERNATIONAL RESPONSES TO FOSSIL FUEL SUBSIDIES 4. The international legal and governance framework 5. Fossil fuel subsidies under the existing WTO framework 6. Beyond the ASCM: fossil fuel subsidies under accession processes, preferential trade agreements, and prospects for trade law reform 7. The Friends of Fossil Fuel Subsidy Reform 8. International Peer Reviews of Fossil Fuel Subsidies 9. Conclusions Index

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Book SynopsisThis authoritative research review presents and discusses carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. The review is an invaluable source of reference, providing the reader with both an international and an interdisciplinary perspective on the CISG and its application.Trade Review‘Taking a complete and accurate approach to the subject, this collection provides an exhaustive picture of the law relating to the international import/export contracts applicable to world trade. Adopting a comparative stance, these volumes give the reader a comprehensive understanding of the worldwide legal approach toward the CISG, and provide a valuable guide to the understanding of both the application and the interpretation of that law, thus being a must-read not only for students, but also for practitioners and researchers studying and working in the field of international sales law.’ -- Francesco Cortesi, Judge, Italian Supreme CourtTable of ContentsContents: Foreword Symeon C. Symeonides Introduction Franco Ferrari and Clayton P. Gillette PART I INTRODUCTION: THE CISG AND THE UNIFICATION OF LAW 1. Clayton P. Gillette and Robert E. Scott (2005), ‘The Political Economy of International Sales Law’, International Review of Law and Economics, 25 (3), September, 446–86 2. Peter H. Schlechtriem (2008), ’25 Years of the CISG: An International Lingua Franca for Drafting Uniform Laws, Legal Principles, Domestic Legislation and Transnational Contracts’, in Harry M. Flechtner, Ronald A. Brand and Mark S. Walter (eds), Drafting Contracts Under the CISG, Part III, Chapter 7, New York, NY, USA: Oxford University Press, 167–87 3. James E. Bailey (1999), ‘Facing the Truth: Seeing the Convention on Contracts for the International Sale of Goods as an Obstacle to a Uniform Law of International Sales’, Cornell International Law Journal, 32 (2), February, 273–317 PART II SPHERE OF APPLICATION: WHEN DOES THE CISG APPLY 4. Franco Ferrari (2012–2013), ‘PIL and CISG: Friends or Foes?’, Journal of Law and Commerce, 31, 45–107 5. Joseph Lookofsky (2011), ‘Not Running Wild with the CISG’, Journal of Law and Commerce, 29 (2), Spring, 141–169 6. Lisa Spagnolo (2011), ‘Iura Novit Curia and the CISG: Resolution of the Faux Procedural Black Hole’, in Ingeborg Schwenzer and Lisa Spagnolo (eds), Towards Uniformity: The 2nd Annual MAA Schlechtriem CISG Conference: International Commerce and Arbitration, The Hague, the Netherlands: Eleven International Publishing, 181–221 PART III ISSUES EXCLUDED FROM THE CISG 7. Patrick C. Leyens (2005), ‘CISG and Mistake: Uniform Law vs. Domestic Law: The Interpretative Challenge of Mistake and the Validity Loophole’, in Pace International Law Review (ed.), Review of the Convention on Contracts for International Sale of Goods (CISG) 2003–2004, Part I, Munich, Germany: Sellier European Law Publishers, 3–51 8. Franco Ferrari (2007), ‘The Interaction between the United Nations Convention on Contracts for the International Sale of Goods and Domestic Remedies (Rescission for Mistake and Remedies in Tort Law)’, Rabels Zeitschrift für ausländisches und internationales Privatrecht, 71 (1), January, 52–80 9. Ulrich G. Schroeter (2013), ‘Defining the Borders of Uniform International Contract Law: The CISG and Remedies for Innocent, Negligent, or Fraudulent Misrepresentation’, Villanova Law Review, 58 (4), 553–87 10. Henry Mather (2001), ‘Choice of Law for International Sales Issues Not Resolved by the CISG’, Journal of Law and Commerce, 20, Spring, 155–208 PART IV GENERAL PRINCIPLES AND INTERPRETATION 11. Ulrich Magnus (1997), ‘General Principles of UN-Sales Law’, International Trade and Business Law Review, 3, 33–56 12. Franco Ferrari (1994), ‘Uniform Interpretation of the 1980 Uniform Sales Law’, Georgia Journal of International and Comparative Law, 24 (2), 183–228 13. Harry M. Flechtner (1998), ‘The Several Texts of the CISG in a Decentralized System: Observations on Translations, Reservations and Other Challenges to the Uniformity Principle in Article 7 (1)’, Journal of Law and Commerce, 17, 187–217 14. Steven D. Walt (2015), ‘The Modest Role of Good Faith in Uniform Sales Law’, Boston University International Law Journal, 33 (1), Spring, 37–73 15. Lisa Spagnolo (2007), ‘Opening Pandora’s Box: Good Faith and Precontractual Liability in the CISG’, Temple International and Comparative Law Journal, 21 (2), Fall, 261–310 16. Gary F. Bell (2008), ‘Uniformity through Persuasive International Authorities – Does Stare Decisis really Hinder the Uniform Interpretation of the CISG?’, in Camilla B. Andersen and Ulrich G. Schroeter (eds), Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, London, UK: Wildy, Simmonds and Hill Publishing, 35–47 PART V TRADE USAGES AND OTHER SOURCES OF LAW 17. Clayton P. Gillette (1999), ‘Harmony and Stasis in Trade Usages for International Sales’, Virginia Journal of International Law, 39, Spring, 707–41 18. Franco Ferrari (2005), ‘What Sources of Law for Contracts for the International Sale of Goods? Why One has to Look Beyond the CISG’, International Review of Law and Economics: Conference on Commercial Law Theory and the Convention on the International Sale Of Goods (CISG), 25 (3), September, 314–41 19. Leonardo Graffi (2011), ‘Remarks on Trade Usages and Business Practices in International Sales Law’, Annals of the Faculty of Law in Belgrade – Belgrade Law Review, LIX (3), 102–23 Volume II Contents: Introduction An introduction by the editors appears in Volume I PART I FORM, FORMATION AND PRE-CONTRACTUAL LIABILITY 1. Gyula Eörsi (1979), ‘Problems of Unifying Law on the Formation of Contracts for the International Sale of Goods’, American Journal of Comparative Law, 27 (2–3), 311–23 2. Giulio Giannini (2006), ‘The Formation of the Contract in the UN Convention on the International Sale of Goods: A Comparative Analysis’, Nordic Journal of Commercial Law, 2006 (1), 1–30 3. del Pilar Perales Viscasillas (1997), ‘Contract Conclusion under CISG’, Journal of Law and Commerce, 16 (2), Spring, 315–44 PART II OBLIGATIONS OF THE PARTIES 4. René Franz Henschel (2004), ‘Conformity of Goods in International Sales Governed by CISG Article 35: Caveat Venditor, Caveat Emptor and Contract Law as Background Law and as a Competing Set of Rules’, Nordic Journal of Commercial Law, 2004 (1), 1–21 5. Volker Behr (2008), ‘Dealing with Non-Conformity – A Transaction Test Analysis of CISG Regulations on Examination and Notice Under Articles 38 Through 44’, in Harry M. Flechtner, Ronald A. Brand and Mark S. Walter (eds), Drafting Contracts Under the CISG, Part VII, Chapter 18, New York, NY, USA: Oxford University Press, 429–58 6. Stefan Kröll (2011), ‘The Burden of Proof for the Non-Conformity of Goods under Art. 35 CISG’, Annals of the Faculty of Law in Belgrade –Belgrade Law Review, LIX (3), 162–80 7. Harry M. Flechtner (2008), ‘Funky Mussels, a Stolen Car, and Decrepit Used Shoes: Non-Conforming Goods and Notice thereof under the United Nations Sales Convention (“CISG”)’, Boston University International Law Journal, 26 (1), Spring, 1–28 PART III RISK OF LOSS 8. Johan Erauw (2005–06), ‘CISG Articles 66–70: The Risk of Loss and Passing It’, Journal of Law and Commerce, 25, 203–17 9. Michael Bridge (2008), ‘The Transfer of Risk under the UN Sales Convention 1980 (CISG)’, in Camilla B. Andersen and Ulrich G. Schroeter (eds), Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, London, UK: Wildy, Simmonds and Hill Publishing, 77–105 PART IV EXEMPTION 10. Rodrigo Momberg Uribe (2011), ‘Change of Circumstances in International Instruments of Contract Law. The Approach of the CISG, PICC, PECL and DCFR’, Vindobona Journal of International Commercial Law and Arbitration, 15 (2), 233–66 11. Joseph M. Lookofsky (1983), ‘Fault and No-Fault in Danish, American and International Sales Law. The Reception of the 1980 United Nations Sales Convention’, Scandinavian Studies in Law, 27, 107, 109–38 PART V BREACH OF CONTRACT 12. Maartje Bijl (2009), ‘Fundamental Breach in Documentary Sales Contracts: The Doctrine of Strict Compliance and the Underlying Sales Contract’, European Journal of Commercial Contract Law, 1 (1), January, 19–28 13. Mercédeh Azeredo da Silveira (2005), ‘Anticipatory Breach under the United Nations Convention on Contracts for the International Sale of Goods’, Nordic Journal of Commercial Law, 2005 (2), 1–51 14. Bruno Zeller (2007), ‘The Remedy of Fundamental Breach and the United Nations Convention on the International Sale of Goods (CISG) – A Principle Lacking Certainty?’, Vindobona Journal of International Commercial Law and Arbitration, 11 (2), 219–36 PART VI REMEDIES 15. Djakhongir Saidov (2009), ‘The Present State of Damages under the CISG: A Critical Assessment’, Vindobona Journal of International Commercial Law and Arbitration (Conference in Honor of Peter Schlechtriem), 13 (1), February, 197–216 16. Peter Huber (2007), ‘CISG – The Structure of Remedies’, Rabels Zeitschrift für ausländisches und internationales Privatrecht, 71, 13–34 17. Steven Walt (1991), ‘For Specific Performance Under the United Nations Sales Convention’, Texas International Law Journal, 26, 211–51 18. Avery W. Katz (2005), ‘Remedies for Breach of Contract under the CISG’, International Review of Law and Economics: Conference on Commercial Law Theory and the Convention on the International Sale Of Goods (CISG), 25 (3), September, 378–96 19. Marco Torsello (2005), ‘Remedies for Breach of Contract under the 1980 Convention on Contracts for the International Sale of Goods (CISG)’, in Franco Ferrari (ed.), Quo Vadis CISG? Celebrating the 25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods, Part I, Chapter 3, Munich, Germany: Sellier European Law Publishers, 43–87 20. John Y. Gotanda (2009), ‘When Recessions Create Windfalls: The Problems of Using Domestic Law to Fix Interest Rates under Article 78 CISG’, Vindobona Journal of International Commercial Law and Arbitration (Conference in Honor of Peter Schlechtriem), 13 (1), February, 229–40 PART VII FINAL PROVISIONS 21. Ulrich G. Schroeter (2008), ‘Backbone or Backyard of the Convention? The CISG’s Final Provisions’, in Camilla B. Andersen and Ulrich G. Schroeter (eds), Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, London, UK: Wildy, Simmonds and Hill Publishing, 425–469 22. Marco Torsello (2000), ‘Reservations to International Uniform Commercial Law Conventions’, Uniform Law Review, 5 (1), January, 85–120 Index

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Book SynopsisDespite its growing significance, the legal scrutiny of RTAs remains an underdeveloped academic field. This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation and that of regulators. With the application of a thorough article-by-article analysis, the author shows how these concerns lead to vast underutilisation of, and often prejudice against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the various concerns. This book will be an invaluable resource for students and scholars of law and related subjects. It will also be of interest to government officials looking for a detailed analysis of the topic, and practitioners looking for a framework for analysing RTA provisions.Trade Review'Trade integration in today's world is largely a question of addressing divergent regulations, and services liberalization is at the apex of the discussion. For various reasons this issue is easier to address in clubs. The WTO is getting to grips with this emerging reality, and this thesis is a very timely contribution to what promises to be the motto in trade circles in the years to come.' --Petros C. Mavroidis, Columbia Law SchoolTable of ContentsContents: Introduction 1. Interpretation of GATS and the Selected EU RTAs 2. Structure of GATS and the Selected EU RTAs 3. The Scope of GATS and the Selected EU RTAs 4. Non-discrimination 5. Market Access 6. Domestic Regulation 7. Transparency 8. Exceptions Concluding Remarks Index

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Book SynopsisThis unique Handbook provides multiple perspectives on the growth of illicit trade, primarily exploring counterfeits and internet piracy. The expert contributions, drawn from the private sector, the legal community, and leading enforcement and anti-counterfeiting agencies, cover a wide range of topics including the evaluation of key global enforcement issues, government and private-sector initiatives to stifle illicit trade, and the evolution of piracy on the internet. The authors also assess the efficacy of anti-counterfeiting strategies such as targeted consumer campaigns, working with intermediaries in the supply chain, authentication technology, and online brand protection. Offering a succinct and up-to-date overview of country initiatives to stem illicit trade in China, Mexico, and the US, the book addresses key global enforcement issues. It illustrates the unique problems facing key industry sectors and expands on a comprehensive and timely debate on the growing problem of illicit trade on the internet, highlighting distinct aspects of piracy in the music industry. The persistent problem of botnets, malware, and `malvertising' is discussed, along with an overview of the various issues associated with online brand protection. Furthermore, a variety of anti-counterfeiting measures are presented that target both the demand and supply of illicit trade, complemented by an examination of their relative effectiveness. This accessible, provocative, and timely synopsis of counterfeiting and illicit trade will be of great value to academics and researchers of law, criminology, and trade. It will also be an excellent resource for government agencies, policymakers, and private-sector managers in those industries most affected by this growing and pervasive problem.Contributors include: S. Betti, L. Cesareo, P.E. Chaudhry, A. Chikada, D. Collopy, R.S. Delston, B. Dobson, G.M. Dominguez Rodriguez, D. Follador, A. Gupta, R. Kinghorn, I. Lancaster, A. Pastore, E. Penz, M. Sonmez B. Stöttinger, H. Sudler, B.A. Sullivan, M. Tanji, S.C. Walls, P. Williams, J.M. Wilson, D. Yang, A.S. ZimmermanTrade Review'The team that Dr Peggy Chaudhry has assembled is an awesome team of leading experts from around the world on illicit trade. The collective wisdom of this group embodied in this book is destined to be not only widely read but also extensively debated.' --Mike Peng, University of Texas at Dallas, USTable of ContentsContents: 1. Introduction: Trojan Horses, Pirate Bays and Anti-counterfeiting Peggy E. Chaudhry PART I Alarming Trends in Illicit Trade and Key Global Enforcement Issues 2. Illicit Trade in Counterfeit Products: An Examination of the Opportunity-Risk Connection Brandon A. Sullivan, Jeremy M. Wilson and Rodney Kinghorn 3. Key Global Enforcement Issues on Illicit Trade in Goods Stefano Betti 4. Reaching Beyond Banks: How to Target Trade-Based Money Laundering and Terrorist Financing Outside the Financial Sector Ross S. Delston and Stephen C. Walls PART II Country Initiatives Designed to Stem Illicit Trade 5. Initiatives to Stem Illicit Trade in the United States Peggy E. Chaudhry 6. Initiatives to Stem Illicit Trade in Mexico Gloria Maria Dominguez Rodriguez 7. Initiatives to Stem Illicit Trade in China’s E-Commerce Davide Follador PART III Impact of Illicit Trade on Select Industry Sectors 8. The Challenge of Curtailing the Escalation of Counterfeit Pharmaceuticals Peggy E. Chaudhry 9. Counterfeiting Luxury Goods Ludovica Cesareo, Alberto Pastore and Patti Williams 10. Illicit Trade in the Tobacco Sector Peggy E. Chaudhry and Alan S. Zimmerman PART IV The Growing Problem on the Internet 11. Overview of the Magnitude of Piracy On The Internet Michael Tanji 12. Social Media’s Impact on Intellectual Property Rights Dennis Collopy 13. Dynamic Shifts In Music Piracy – A Review of the Music Industry and Underlying Technology Innovations Hasshi Sudler 14. Online Brand Protection Akino Chikada and Anil Gupta 15. The Looming Shadow of Illicit Trade on the Internet: Botnets, Malware and Malvertising Peggy E. Chaudhry PART V Managerial and Consumer Perceptions of the Effectiveness of Anti-Counterfeiting Tactics 16. Analysis of Anti-Counterfeiting Tactics to Diffuse Consumer Demand Barbara Stöttinger, Elfriede Penz and Ludovica Cesareo 17. Effectiveness Against Counterfeiting—Four Decades of Strategic Inquiry Deli Yang and Mahmut (Maho) Sonmez 18. The Critical Role of Intermediaries in Stopping Counterfeiting and Piracy William Dobson 19. Detecting Counterfeits in the Supply Chain: How to Use Authentication Methods Ian Lancaster Index

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Book SynopsisEnergy security is a burning issue in a world where 1.4 billion people still have no access to electricity. This book is about finding solutions for energy security through the international trading system. Focusing mainly on the European Union as a case study, this holistic and comprehensive analysis of the existing legal and geopolitical instruments strives to identify the shortcomings of the international and EU energy trade governance systems, concluding with the notion of a European Energy Union and what the EU is politically prepared to accept as part of its unified energy security.This snapshot of multilateral, regional and bilateral energy trade governance deals with energy transit from the perspective of the Energy Charter Treaty as a means to enhance EU energy security, and examines the system of law and governance of international trade in unconventional fossil fuels. The authors analyze concerns that arise from preferential trade agreements and renewable energy from the EU's perspective, and explain how the EU can diversify its energy supply to improve its energy security.This book will be of interest to students, scholars, lawyers, economists, policymakers, and think tanks dealing with the links between energy security and international trade, as well as those communities relating to other energy-related disciplines.Table of ContentsContents: 1. Overview 2. Multilateral, Regional and Bilateral Energy Trade Governance 3. Energy Transit 4. Unconventional Fossil Fuel Sources and EU Energy Security 5. Renewables, Preferential Trade Agreements and EU Energy Security 6. Diversifying EU Energy Supply to Improve EU Energy Security 7. The Creation of the European Energy Union Index

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Book SynopsisInternational economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law.Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. VadiTrade Review'This is a timely volume on the long-standing debate on the relationship between trade and human rights. The chapters are contributed by some of the leading scholars in the field and cover both theoretical and practical aspects of the relationship. It not only highlights the tensions and conflicts between the two, but also explores ways on how the potentials of trade may be harnessed to serve the needs of human rights protection at the local level. Therefore, it will not only inspire researchers on these issues, but also provide invaluable practical lessons to policy makers and activists.' --Henry Gao, Singapore Management University'Today's world is beset, once again, with surges of nationalism and libertarianism that challenge the enforcement of human rights and international trade law. This much-needed collection of essays by leading scholars explores the policy space in national legal systems for effectively coordinating the sometimes disparate requirements of the two regimes of international law. Building on proposed theoretical frameworks for effective local engagement with these requirements, several highly instructive case studies from North America, Europe and Asia illuminate institutional and cultural predispositions within the acceptable margins of appreciation for enforcement.' --James Nafziger, Willamette University College of Law, US'This is a timely and valuable contribution to the current discourse on trade globalization development. In a very refreshing way the book explores both theoretical and practical dimensions and challenges facing the inter-relationship between trade law and human rights standards in the local context to interpret and implement international norms. Its interdisciplinary approach and the original analyses make the book very readable and stimulating. The excellent scholarship on comprehensive socio-legal conceptualization deserves a special recognition.' --Xianchu Zhang, The University of Hong KongTable of ContentsContents: Introduction Ljiljana Biukovic and Pitman Potter Part I: Re-imagining local engagement with international law 1. International Trade, Human Rights and Policy Space Thomas Cottier 2. Cosmopolitan Constitutionalism: Linking Local Engagement with International Economic Law and Human Rights Ernst-Ulrich Petersmann Part II: Structural Aspects of Trade and Investment 3. Transparency Evolution: More than the Right to Know Ljiljana Biukovic 4. Challenging an Investment Agreement in Canada: Hupacasath First Nation’s Application for Judicial Review against the CCFIPPA Naayeli E. Ramirez-Espinosa 5. The Impact of Mexico’s 2011 Human Rights Constitutional Amendment on Arbitral Practice: A View from Local Actors Erika Cedillo Part III: The Impact of Communities and Local Culture 6. Demarcating the International Community: Where do International Practices Come from? Mor Mitrani 7. Local Communities, Cultural Heritage and International Economic Law Valentina Vadi 8. Identity Matters: The Enforcement of Global Human Rights Treaties by European Union's Trade Instruments Moshe Hirsch 9. Observing the Small Gestures: Human Rights Vectors in the Vietnamese Trade Law Environment Lisa Toohey Part IV: Dilemmas of Local Performance: The Case of China 10. Coordinating Human Rights and Trade Policy in China: The Case of Environmental Protection Pitman B. Potter 11. Structuring China’s Engagement with International Human Rights: The Case of Wage Protection Law and Practice Sarah Biddulph Index S. Biddulph

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Book SynopsisRegulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia's trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor-State dispute settlement. Through a critical exploration of evolving patterns of treaty practice, the authors address the complex relationship between international economic law and a State's regulatory autonomy in the key areas of intellectual property, services, and investment. This insightful investigation highlights problems of inconsistency across treaties, limited transparency and consultation in the negotiation of treaties, and increasing restrictions on policy space in intellectual property protection. These factors are all crucial in preserving a country's ability to pursue policy objectives such as protecting public health and the environment while capturing the benefits of international trade and foreign investment. This discerning book will prove instrumental to scholars and practitioners in the fields of international trade law, international investment law, public international law, and intellectual property. It will also appeal to government agencies and international organisations working in these areas or in matters of public health or the environment.Trade Review'This extremely well-crafted and thoroughly researched monograph tells two stories for our time. The universal story is about the ways in which international economic law has become the main arena of global governance in fields of public concern beyond war and peace - prosperity, equality, health, the environment and more. The second, more particular but no less inspiring, is the story of Australia as a Liberal-Democracy caught in the rip-tides of globalization. Highly recommended and accessible reading.' --Tomer Broude, Hebrew University of Jerusalem, Israel'With Regulatory Autonomy in International Economic Law, the authors have made an important contribution to understanding the dichotomy between fostering closer relations among nations through concluding trade and investment liberalizing agreements, and at the same time seeking to preserve the governments' right to regulate in the public interest in such areas as protecting the environment and worker rights. While the analysis focuses on Australia, the same potential conflicts are present in the United Kingdom as Brexit begins, and in the United States under the Trump Administration. Thus, the study is equally relevant to understanding and resolving the tensions that have developed in those nations.' --David A. Gantz, The University of Arizona, USTable of ContentsContents: 1. Regulatory Autonomy and the Evolution of Australia’s Participation in PTAs and BITs 2. Intellectual Property: Increasing Protections under US Influence 3. Trade in Services: Lumbering Towards More Open Markets 4. Investment: Haphazard Responses to Expansive Obligations 5. Investor–State Dispute Settlement: Uncertainty, Inconsistency and Scope for Reform 6. Environmental Protection: Moderate Safeguards and Novel Opportunities 7. Balancing the Benefits of Liberalisation with Policy Space Bibliography Index

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Book SynopsisFreshwater is an increasingly scarce resource globally, and effective sustainable management will be absolutely crucial in the future. This timely book sets out future scenarios of international trade in both 'real' and 'virtual' water, examining the relationship between climate change, water scarcity, the human right to water and World Trade Organization law. Trade in Water Under International Law addresses questions of global importance such as: how can international trade in bulk water contribute to the advancement of the human right to water? Are 'green-boxed' irrigation subsidies disturbing the markets? Should water-footprint process and production methods allow for a different treatment of otherwise 'like' products? From examining the impact of water law on small-scale farmers in developing countries, to the broader issue of global environmental responsibility, Fitzgerald Temmerman explores the options available for fair resource allocation through international law arrangements such as the General Agreement on Tariffs and Trade, and the Agreement on Technical Barriers to Trade. By taking a wide-reaching and non-technical approach, this book will capture the attention not only of international trade law professionals, but of all stakeholders in the field. With such relevance to contemporary environmental issues, this book will also be of interest to non-legally qualified individuals who want to comprehend the future possibilities of fair water trade.Trade Review'Few things are as important as water. Yet, many of us, particularly in developed countries, take its abundant availability for granted. Wrongly so. There is little doubt that issues relating to water and its use will be high on the international agenda in years to come. The present book focuses on three of these issues, namely trade in bulk fresh water, subsidies for irrigation, and water-footprint Processes and Production Methods (PPMs) and labelling schemes. It addresses the question to what extent World Trade Organization rules affect the policy space of governments regarding each of these issues. Hence, this book is an important contribution to the debate on the international regulation of water and its use.' --Peter van den Bossche, World Trade Institute, Bern, SwitzerlandTable of ContentsContents: INTRODUCTION PART I TRADE IN BULK FRESH WATER 1. Bulk fresh water resources and the GATT 2. Environmental and human rights concerns PART II IRRIGATION SUBSIDIES 3. Productivity meets sustainability 4. Irrigation subsidies and the Agreement on Agriculture PART III VIRTUAL WATER TRADE 5. Water-footprint PPMs, the GATT and the TBT Agreement 6. Water-footprint Labelling Schemes and the TBT Agreement Index

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Book SynopsisIncreasing international investment, the proliferation of international investment agreements, domestic legislation and investor-state contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-state dispute settlements. This involves not only vast sums, but also a panoply of rights, duties and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.Written by international experts in the field, the contributions provide economic, political and legal perspectives to cover all aspects of international and national investment law. With regional perspectives from Africa, Asia, Australia and New Zealand, Europe, and Latin and North America, this Research Handbook offers an analytical overview of the key areas of current research interest and developments in investment law. Vitally, the expert contributors outline future and upcoming issues, as well as providing a research agenda for the topic.This Research Handbook will be an excellent resource for researchers in academic institutions, governments and non-governmental organisations, as well as for practitioners including government officials, negotiators and practicing lawyers.Contributors: I. Alvik, D. Atanasova, J. Baumgartner, C. Binder, D.N. Dagbanja, S.B. Danzman, E. De Brabandere, A. De Luca, A. Dimopoulos, K.F. Gómez, K. Gülay, A.R. Hippolyte, R.T. Hoffmann, L. Hsu, M. Jacobson, P. Janig, L. Johnson, M. Krajewski, K. Magraw, A. Mitchell, M. Molinuevo, P.M. Protopsaltis, S. Robert-Cuendet, G. Sacerdoti, L. Sándor, S. Schacherer, S.W. Schill, C. Titi, E. TuerkTrade Review'This formidable work brings together the leading experts in the field of international investment law to address cutting edge issues in that law as well as covering the particular problems that arise in geographical regions. Existing areas are competently surveyed. But more importantly, new areas such as the impact of sustainable development, the interface with trade in services, the context of economic crises and others are conveniently covered in a single book so that a search does not have to be made in several works to find the law. It is a work that will be of immense help to students, researchers and practitioners in the field.' --M. Sornarajah, National University of SingaporeTable of ContentsContents: PART I FOUNDATIONS 1. The political economy of bilateral investment treaties Sarah Bauerle Danzman 2. Legal approaches to foreign direct investment Stephan Schill and Kerem Gülay 3. Foreign investment law and developing countries Antonius Rickson Hippolyte 4. FDI, international investment agreements and the sustainable development goals Lise Johnson PART II INTERNATIONAL INVESTMENT AGREEMENTS 5. Trends and reform debates Elisabeth Tuerk, Jorun Baumgartner and Dafina Atanasova 6. Scope of international investment agreements and substantive protection standards Catharine Titi 7. Investment dispute settlement Anna De Luca and Giorgio Sacerdoti 8. FDI and services trade: connections in rules and dispute settlement Martín Molinuevo and Michael Jacobson PART III INVESTMENT REGULATIONS AND INCENTIVES 9. Investor-state contracts Ivar Alvik 10. Investment guarantees and political risk insurance Panayotis M. Protopsaltis PART IV REGIONAL PERSPECTIVES 11. Africa Dominic Npoanlari Dagbanja 12. Asia Locknie Hsu 13. Australia and New Zealand Andrew Mitchell 14. European Union Angelos Dimopoulos 15. Central and Eastern Europe Lénárd Sándor 16. Latin America Katia Fach Gómez 17. North America Kendra Magraw PART V CHALLENGES AND CONTENTIOUS ISSUES 18. International investment law and sustainable development Stefanie Schacherer and Rhea Tamara Hoffmann 19. Protection of the environment and international investment law Sabrina Robert-Cuendet 20. Human rights and international investment law Eric De Brabandere 21. Investment agreements and financial crises Christina Binder and Philipp Janig Index

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Book SynopsisIn the age of globalisation, goods, services, labour and capital are crossing international borders on a scale never before known. They are creating a nationless market. Governed by both the invisible hand of business and interest and the visible hand of authority and direction, a world market can be a free-for-all, but it can also be constrained by the national interest of countries that differ greatly in their social institutions and material circumstances. This book provides a lucid and comprehensive account of contemporary international political economy. Beginning with the ideological underpinnings, it examines the globalisation of trade in goods and services and labour and capital. It relates the free economic market to social consensus and political regulation, both within sovereign countries and at the supra-national level. The book is comprehensive and interdisciplinary, incorporating philosophical, political, social and economic insights on an international scale and applying them directly to the ongoing phenomenon of globalisation. Topical and non-nation specific, it covers the WTO, EU, the transfer of technology, the multinational corporation, the exchange rate, free versus regulated trade, the status of agreements and blocs, as well as contemporary issues such as populism, xenophobia and rapid economic growth in both rich and poor nations. Accessible to specialists, students and the informed reader alike, State and Trade offers wide-ranging analysis of the politics of trade in goods and services, international investment and the migration of labour across the globe.Trade Review'State and Trade is a concise, comprehensive, and insightful assessment of international political economy (IPE) in the 21st century. Its balanced perspective is appropriate for students, and the crisp, original writing style, with thoughtful side comments, will attract scholars and experts alike.' --David A. Deese, Yale University and Boston College, USTable of ContentsContents: 1. The earth is flat 2. Science and ideology 3. The National Interest 4. Collective Action 5. Goods and Services 6. Agreements and Blocs 7. Development and Trade 8. The Multinational Enterprise 9. International Liquidity 10. Money without Borders Index

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Book Synopsis

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Book SynopsisGlobal governance emerged as a concept more than two decades ago. Despite its relevance to key processes underlying the major public policy questions of our age, the contours of 'global governance' remain contested and elusive. This Research Review seeks to clarify key trends and challenges in global governance by bringing together the leading scholarship on its different forms. The Research Review discusses key issues in relation to global governance institutions: democracy, legitimacy, accountability, fragmentation, effectiveness and dispute settlement.Trade Review‘This remarkable collection brings together the most important and topical contributions in the increasingly salient area of global governance. Marx and Wouters chart the changing theoretical global governance debates across a number of social science disciplines and explore variance in governance solution across a number of policy domains. It will be a must-read for scholars and students of International Law, International Public Policy, Politics and Business.’Table of ContentsContents: Introduction Axel Marx and Jan Wouters PART I what is Global Governance? 1. James N. Rosenau (1995), ‘Governance in the Twenty-first Century’, Global Governance, 1 (1), Winter, 13–43 2. Klaus Dingwerth and Phillip Pattberg (2006), ‘Global Governance as a Perspective on World Politics’, Global Governance, 12 (2), April–June, 185–203 3. Thomas G. Weiss (2000), ‘Governance, Good Governance and Global Governance: Conceptual and Actual Challenges’, Third World Quarterly, 21 (5), 795–814 4. Kenneth Abbott and Duncan Snidal (2000), ‘Hard and Soft Law in International Governance’, International Organization, 54 (3), Summer, 421–56 5. Kenneth Abbott, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal (2000), ‘The Concept of Legalization’, International Organization, 54 (3), Summer, 401–19 6. Jan Klabbers (2015), ‘The EJIL Foreword: The Transformation of International Organizations Law’, European Journal of International Law, 26 (1), 9–82 7. Benedict Kingsbury, Nico Krisch and Richard B. Stewart (2005), ‘The Emergence of Global Administrative Law’, Law and Contemporary Problems, 68 (3/4), Summer–Autumn, 15–61 8. Anne Peters (2005), ‘Global Constitutionalism Revisited’, International Legal Theory, 11, Fall, 39–67 9. Joost Pauwelyn, Ramses A. Wessel and Jan Wouters (2014), ‘When Structures Become Shackles: Stagnation and Dynamics in International Lawmaking’, European Journal of International Law, 25 (3), 733–63 PART II hierarchy – International Organizations 10. Kenneth W. Abbott and Duncan Snidal (1998), ‘Why States Act Through Formal International Organizations’, Journal of Conflict Resolution, 42 (1), February, 3–32 11. Harold Hongju Koh (1997), ‘Why Do Nations Obey International Law?’, Yale Law Journal, 106 (8), 2599–659 12. Jan Wouters and Phillip De Man (2011), ‘International Organizations as Law–Makers’, in Jan Klabbers and Åsa Wallendahl (eds), Research Handbook on the Law of International Organizations, Chapter 8, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 190–224 13. Kevin B. Davis, Benedict Kingsbury and Sally Engle Merry (2012), ‘Introduction: Global Governance by Indicators’, in K. Davis, A. Fisher, B. Kingsbury and S.E. Merry (eds), Governance by Indicators, Global Power through Quantification and Rankings, Chapter 1, Oxford, UK: Oxford University Press, 3–28 14. Kenneth W. Abbott, Phillip Genschel, Duncan Snidal and Bernard Zangl (2015), ‘Orchestrating Global Governance: From Empirical Findings to Theoretical Implications’, in International Organizations as Orchestrators, Chapter 14, Cambridge, UK: Cambridge University Press, 349–79, references 15. Griánne De Búrca, Robert O. Keohane and Charles Sabel (2014), ‘Global Experimentalist Governance’, British Journal of Political Science, 44 (3), 477–86 PART III NETWORKS: NETWORK FORM OF GLOBAL GOVERNANCE 16. Felicity Vabulas and Duncan Snidal (2013), ‘Organization without Delegation: Informal Intergovernmental Organizations (IIGOs) and the Spectrum of Intergovernmental Arrangements’, Review of International Organizations, 8 (2), 193–220 17. Anne-Marie Slaughter and David Zaring (2006), ‘Networking Goes International: An Update’, Annual Review of Law and Social Science, 2, 211–29 18. Leonardo Martinez-Diaz and Ngaire Woods (2009), ‘Introduction: Developing Countries in a Networked Global Order’, in Networks of Influence? Developing Countries in a Networked Global Order, Oxford, UK: Oxford University Press, 1–18 19. Reeve T. Bull, Neysun A. Mahboubi, Richard B. Stewart and Jonathan B. Wiener (2015), ‘New Approaches to International Regulatory Cooperation: The Challenge of TTIP, TPP and Mega-Regional Trade Agreements’, Law and Contemporary Problems, 78 (4), 1–29 PART IV MARKETS: PRIVATE FORMS OF GLOBAL GOVERNANCE [298 pp] 20. Kenneth W. Abbott and Duncan Snidal (2009), ‘Strengthening International Regulation Through Transnational New Governance: Overcoming the Orchestration Deficit’, Vanderbilt Journal of Transnational Law, 42 (2), 501–78 21. David Vogel (2008), ‘Private Global Business Regulation’, Annual Review of Political Science, 11, 261–82 22. Fabrizio Cafaggi (2013), ‘The Regulatory Functions of Transnational Commercial Contracts: New Architectures’, Fordham International Law Journal, 36 (6), 1557–1618 23. Walter Mattli and Tim Büthe (2003), ‘Setting International Standards: Technological Rationality or Primacy of Power?’, World Politics, 56 (1), October, 1–42 24. Margaret M. Blair, Cynthia A. Williams and Li–Wen Lin (2008), ‘The New Role for Assurance Services in Global Commerce’, Journal of Corporation Law, 33 (2), 325–60 25. Michael P. Vandenbergh (2007), ‘The New Wal–Mart Effect: The Role of Private Contracting in Global Governance’, UCLA Law Review, 54 (4), April, 913–70 Volume II Contents Introduction An introduction to both volumes by the editors appears in volume 1 PART I Democracy 1. Andrew Moravcsik (2004), ‘Is There a ‘Democratic Deficit’ in World Politics? A Framework for Analysis’, Government and Opposition, 39 (2), 336–63 2. B. S. Chimni (2004), ‘International Institutions Today: An Imperial Global State in the Making’, European Journal of International Law, 15 (1), 1–37 3. Klaus Dingwerth (2014), ‘Global Democracy and the Democratic Minimum: Why a Procedural Account Alone is Insufficient’, European Journal of International Relations, 20 (4), 1124–47 4. Andreas Føllesdahl (2009), ‘When Common Interests are not Common: Why the Global Basic Structure Should be Democratic’, Indiana Journal of Global Legal Studies, 16 (2), Summer, 585–604 5. Steven Wheatley (2011), ‘A Democratic Rule of International Law’, European Journal of International Law, 22 (2), 525–48 PART II Legitimacy 6. Michael Zürn (2004), ‘Global Governance and Legitimacy Problems’, Government and Opposition, 39 (2), 260–87 7. Allen Buchanan and Robert O. Keohane (2006), ‘The Legitimacy of Global Governance Institutions’, Ethics and International Affairs, 20 (4), Winter, 405–37 8. Jonathan G. S. Koppell (2008), ‘Global Governance Organizations: Legitimacy and Authority in Conflict’, Journal of Public Administration Research and Theory, 18 (2), April, 177–203 9. Mattias Kumm (2004), ‘The Legitimacy of International Law: A Constitutionalist Framework or Analysis’, European Journal of International Law, 15 (5), 907–31 10. Steven Bernstein (2011), ‘Legitimacy in Intergovernmental and Non-state Global Governance’, Review of International Political Economy, 18 (1), 17–51 PART III Accountability 11. Mark Bovens (2007), ‘Analysing and Assessing Accountability: A Conceptual Framework’, European Law Journal, 13 (4), July, 447–68 12. Richard B. Stewart (2014), ‘Remedying Disregard in Global Regulatory Governance: Accountability Participation, and Responsiveness ’, American Journal of International Law, 108 (2), April, 211–70 13. Ruth W. Grant and Robert O. Keohane (2005), ‘Accountability and Abuses of Power in World Politics’, American Political Science Review, 99 (1), February, 29–43 14. Graeme Auld and Lars H. Gulbrandsen (2010), ‘Transparency in Nonstate Certification: Consequences for Accountability and Legitimacy’, Global Environmental Politics, 10 (3), August, 97–119 PART IV RESOLVING CONFLICTS AND SETTLING DISPUTES 15. Alex Stone Sweet and Florian Grisel (2014), ‘The Evolution of International Arbitration: Delegation, Judicialization, Governance’, in Walter Matti and Thomas Dietz (eds), International Arbitration and Global Governance: Contending Theories and Evidence, Chapter 2, Oxford, UK: Oxford University Press, 22–46 16. Laurence R. Helfer and Anne–Marie Slaughter (1997), ‘Toward a Theory of Effective Supranational Adjudication’, Yale Law Journal, 107 (2), November, 273–391 17. Karen J. Alter (2012), ‘The Global Spread of European Style International Courts’, West European Politics, 35 (1), January, 135–54 18. Barbara Koremenos (2007), ‘If Only Half of International Agreements have Dispute Resolution Provisions, Which Half Needs Explaining?’, Journal of Legal Studies, 36 (1), January, 189–212 19. Geir Ulfstein (2014), ‘International Courts and Judges: Independence, Interaction, and Legitimacy’, New York University Journal of International Law and Politics, 46 (3), 849–66 PART V FRAGMENTATION AND GRIDLOCK 20. Martti Koskenniemi (2006), ‘Fragmentation of International Law: Difficulties Arising From the Diversification and Expansion of International Law’, International Law Commission, 58th Session, 1, 8–34 21. Andreas Fischer–Lescano and Gunther Teubner (2004), ‘Regime-Collisions: The Vain Search for Legal Unity in the Fragmentation of Global Law’, Michigan Journal of International Law, 25 (4), Summer, 999–1046 22. Frank Biermann, Phillip Pattberg, Harro van Asselt and Fariborz Zelli (2009), ‘The Fragmentation of Global Governance Architectures: A Framework for Analysis’, Global Environmental Politics, 9 (4), November, 14–40 23. Thomas Hale and David Held (2012), ‘Gridlock and Innovation in Global Governance: The Partial Transnational Solution’, Global Policy, 3 (2), May, 169–81 PART VI EFFECTIVENESS 24. Jon Birger Sjaerseth, Olav Schram Stokke and Jorgen Wettestad (2006), ‘Soft Law, Hard Law, and Effective Implementation of International Environmental Norms’, Global Environmental Politics, 6 (3), August, 104–20 25. Steven Bernstein and Benjamin Cashore (2012), ‘Complex Global Governance and Domestic Policies: Four Pathways of Influence’, International Affairs, 88 (3), 585–604 26. Helmut Breitmeier. Arild Underdal and Oran R. Young (2011), ‘The Effectiveness of International Environmental Regimes: Comparing and Contrasting Findings from Quantitative Research’, International Studies Review, 13 (4), December, 579–605 27. Daniel W. Drezner (2014), ‘ Yes, the System Worked’ in The System Worked: How the World Stopped Another Great Depression, Chapter 2, Oxford, UK: Oxford University Press, 24–56, notes, references Index

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Book SynopsisDespite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad. Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction. Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.Trade Review'This is an important work which identifies the space left by the law of the World Trade Organization to address global or extraterritorial environmental concerns. By suggesting a new decision model, the author sheds further analytical light on the undertheorized implied jurisdictional clause of Article XX (g) GATT, referred to by the Appellate Body in US - Shrimp. This practical model, which the author goes on to apply to a number of well-known cases, is most useful to guide states and WTO decision-makers in striking an adequate balance between free trade imperatives and global environmental concerns.' --Cedric Ryngaert, Utrecht University, the Netherlands'This fascinating and highly readable volume constructs a decision-making framework to help in appraising the practice of extraterritoriality in environmental law. In building a ''decision-tree'' it places emphasis upon the location of the environmental concern and the degree of multilateral support for the measure in question. The volume will be essential reading for academics and practitioners grappling with the challenge of how to enhance the contribution that individual states can make to protecting the global environment whilst preventing powerful states from overreaching the limits of their jurisdiction.' --Joanne Scott, University College London, UKTable of ContentsContents: Preface 1. Introduction PART I: INTRODUCING ENVIRONMENTAL TRADE MEASURES 2. Product or process: Outlining the scope of trade law 3. The (extra)territorial reach of national measures under WTO law PART II: THEORETICAL FRAMEWORK FOR AN EXTRATERRITORIALITY DECISION TREE 4. A broader perspective on extraterritoriality 5. The proposal of a WTO extraterritoriality decision tree PART III: CASE STUDIES 6. The application of the extraterritoriality decision tree: case studies 7. Concluding chapter: outlook and final remarks Index

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Book SynopsisThis timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument.This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.Trade Review'This book is an essential resource for people who are thinking seriously about how to build border tax adjustments into environmental tax regimes. Working artfully at the complex intersection of tax law, environmental law and trade law, Pirlot provides a clear, thoughtful guide to the origin of theories, their evolution and their consequences for the design and use of environmental border tax adjustments - an important and impressive feat.' --Janet E. Milne, Vermont Law School'Environmental protection is now recognised as a universal concern. At the same time, the objective of sustainable development is recognized within the WTO and this has had an impact on our reading of many of the relevant WTO provisions. In her book, Dr Alice Pirlot offers a unique compilation of existing environmental taxes and fiscal mechanisms put in place to foster the protection of the environment. In addition, Dr Pirlot successfully explores their functioning and their political and legal impacts, while highlighting their benefits and impediments. This work will be extremely useful to practitioners and academics in our efforts to realise a world with equitable and sustainable development.' --Gabrielle Marceau, University of Geneva, Switzerland'For international trade lawyers, border tax adjustments have never gone away. For the wider legal and political community, they have only recently gained prominence. This volume analyses all relevant issues from a multidisciplinary, legal as well as economic angle. No better time to do it. No more appropriate author to write it.' --Geert van Calster, KU Leuven, BelgiumTable of ContentsContent: INTRODUCTION PART I From economic to environmental objectives: Looking back at the rationale of traditional BTAs and looking ahead to new paradigms 1. History and theoretical foundation of traditional BTAs 2. History and theoretical foundation of environmental BTAs PART II From traditional consumption taxes to innovative environmental BTAs: An analysis of their tax design 3. Tax design of traditional BTAs 4. Tax design of environmental BTAs PART III From old legal debates to brand new legal issues: An assessment of the compatibility of traditional and environmental BTAs under WTO law (and beyond) 5. Legal framework of traditional BTAs 6. Legal framework of environmental BTAs CONCLUSION Index

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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

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Book SynopsisHistoriographical approaches to international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of historical methods and historical research can lead to a better understanding of international investment law.International Investment Law and History critically analyses the use of historical argument in international investment law. It examines the vital roles that historical arguments play in interpreting investment treaties, resolving investor-state disputes, and justifying or criticising the current system of investment protection.This book is the first in-depth study on the methodological challenges and benefits of historical analysis in international investment law. As such, it is a vital tool for scholars and practitioners in the field who wish to understand ways in which to use historical research and analysis to improve and redefine international investment law.Contributors include: M. Boase, H. Bray, Y. Chernykh, J. Ho, R. Hofmann, J. Kammerhofer, A. Kulick, K. Miles, M. Pinchis-Paulsen, S.W. Schill, T. St. John, C.J. Tams, J. YackeeTrade Review'It is a trite point that history plays an important role in international investment law, perhaps more so than in other, less decentralised fields of international law. This very fine volume will provide much of interest to the careful reader, be it their 'historical' inquiry directed at the broader normative tapestry of sources, responsibility, and dispute settlement within which investment law operates; interpretation and application of particular primary rules; critical engagement with the systemic teleology; or theoretical and methodological underpinnings.' --Martins Paparinskis, University College London, UK'There is no shortage of reading materials dealing with the subject of treaty-based investor/state arbitration, but as the editors of this fascinating volume have perceived, the field is dominated by the ''here and now'', and thus lacks important insights of historical perspective. The original contributions to be found here compel the reader to reconceptualise issues in light of the recognition that they did not emerge freshly minted from a box just 25 years ago.' --Jan Paulsson, Three Crowns LLP, Washington DC, US'This is an outstanding collection of provocative and informative papers. The contributions provide short, fascinating histories of several important elements of contemporary international investment law, while exploring the methodological issues that confront historians of the field and surveying the recent historical scholarship. For anyone interested in the history of international investment law, this is the perfect place to start.' --Kenneth Vandevelde, Thomas Jefferson School of Law, USTable of ContentsContents: Preface and acknowledgements Part I INTRODUCTION 1. International investment law and history: An introduction Stephan W. Schill, Christian J. Tams and Rainer Hofmann Part II OBJECTS AND OBJECTIVES OF HISTORY 2. Narrating narratives of international investment law: History and epistemic forces Andreas Kulick 3. The first investor-state arbitration? The Suez Canal dispute of 1864 and some reflections on the historiography of international investment law Jason Webb Yackee 4. Understanding change: Evolution from international claims commissions to investment treaty arbitration Heather L. Bray 5. History and international law: Method and mechanism ‑ empire and ‘usual’ rupture Kate Miles 6. The challenges of history in international investment law: A view from legal theory Jörg Kammerhofer Part III METHODOLOGY AND ITS CHALLENGES 7. Resolving challenges to historical research: Developing a project to define fair and equitable treatment Mona Pinchis-Paulsen 8. The evolution of contractual protection in international law: Accessing diplomatic archives, discovering diplomatic practice, and constructing diplomatic history Jean Ho 9. The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention Yuliya Chernykh 10. Enriching law with political history: A case study on the creation of the ICSID Convention Taylor St. John 11. A genealogy of censurable conduct: Antecedents for an international minimum standard of investor conduct Muin Boase Index

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Book SynopsisThis Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.Key Features: Comparative and thorough analysis of the provisions of the Model Law Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.Trade Review‘Gilles Cuniberti's new commentary on the UNCITRAL Model Law is a marvellous contribution to international arbitration scholarship. The fruit of rigorous research into practice in the numerous jurisdictions that have adopted the Model Law, it presents for the first time a comprehensive analysis of its application in clear and readable terms. An essential reference tool for the arbitration lawyer.’ -- Campbell McLachlan KC, Victoria University of Wellington, New Zealand and Associate Member, Essex Court Chambers‘The UNCITRAL Model Law on International Commercial Arbitration is the bedrock of international arbitral practice in many jurisdictions. This comparative Commentary comes in handy to understand the local implementations and variations of the Model Law around the globe. A must-have for practitioners and scholars alike!’ -- Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr LLP, UK‘Cuniberti's book masterfully documents not only that, but in which precise ways, the UNCITRAL Model Law has taken shape differently around the world. It is of immense value to practitioners and academics, as well as jurisdictions in determining whether and, if so, how to newly implement the Law for themselves.’ -- George Bermann, Columbia University School of Law, USTable of ContentsContents: Preface Introduction 1. General Provisions 2. Agreement 3. Composition of Arbitral Tribunal 4. Jurisdiction of Arbitral Tribunal 4a Interim Measures and Preliminary Orders 5. Conduct of Arbitral Proceedings 6. Making of Award and Termination of Proceedings 7. Recourse Against Award 8. Recognition and Enforcement of Awards Bibliography Index

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Book SynopsisThe Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law. This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance. Contributors include: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. WinklerTrade Review'Professor Mankowski, at the head of a select group of jurists from different European countries, has chosen to analyse some of the most important issues of the Brussels Ibis Regulation frequently discussed in court. If you are looking for a clear, accurate and rigorous legal analysis, this is the right book for you.' --Alfonso-Luis Calvo Caravaca, Carlos III University of Madrid, Spain'This timely book makes a major contribution to EU private international law by exploring and analysing 15 highly topical and emerging areas of international civil and commercial practice: it draws together arguments, presently scattered across the specialist literature of many legal systems, to illuminate each area by such excellent and clear expert comment that its purchase is plainly essential. Courts, practitioners and academics will all soon have reason to be grateful for its publication.' --Jonathan Fitchen, University of Aberdeen, UKTable of ContentsContents: Editor’s introduction to the Research Handbook on the Brussels Ibis Regulation viii Peter Mankowski 1 Cross-border dimension of collective proceedings in the Brussels Ibis regime: jurisdiction, lis pendens and related actions 1 T.M.C. Arons 2 Arbitration and the twists of Recital 12 of the Brussels Ibis Regulation 40 Sylvain Bollée and Étienne Farnoux 3 Negotiorum gestio and the Brussels Ibis Regulation 64 Tim W. Dornis 4 The substantive validity of forum selection agreements under the Brussels Ibis Regulation 95 Pietro Franzina 5 Injunctive relief under the Brussels Ibis Regulation 118 Thomas Garber 6 Intellectual property and the Brussels Ibis Regulation 147 Christian Heinze and Cara Warmuth 7 Collective labour law in the Brussels Ibis Regulation 172 Aukje van Hoek 8 The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) 188 Antonio Leandro 9 The rise and fall of a defining criterion? The targeting of digital commercial activities as a factor establishing consumer jurisdictions before and after the Geo-Blocking Regulation 207 Leander D. Loacker 10 The impact of the Brussels Ibis Regulation on the ‘second generation’ of European procedural law 230 Peter Mankowski 11 Lis alibi pendens and related actions before third country courts under the Brussels Ibis Regulation 250 Fabrizio Marongiu Buonaiuti 12 The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law 285 Johan Meeusen 13 Culpa in contrahendo and the Brussels Ibis Regulation 311 Dário Moura Vicente 14 Article 55 Brussels Ibis Regulation, enforcement by penalty and the ‘astreinte’ 329 Guillaume Payan 15 Overriding mandatory provisions and choice of court agreements 346 Matteo M. Winkler Index 360

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Book SynopsisThis compelling research review discusses the major literary contributions to the economic analysis of the consequences of trade liberalization on growth, productivity, labor market outcomes and economic inequality. Examining the classical theories that stress gains from trade stemming from comparative advantage, the review also analyses more recent theories of imperfect competition, where any potential gains from trade can stem from competitive effects or the international transmission of knowledge. Empirical contributions provide evidence regarding the explanatory power of these various theories, including work on the effects of trade openness on economic growth, wages, and income inequality, as well as evidence on the effects of trade on firm productivity, entry and exit. This review will be an invaluable research resource for academics, practitioners and those drawn to this fascinating topic.Table of ContentsContents: Acknowledgements Introduction Romain Wacziarg PART I CLASSICAL TRADE THEORY AND THE GAINS FROM TRADE 1. Paul A. Samuelson (1939), ‘The Gains from International Trade’, Canadian Journal of Economics and Political Science, 5 (2), May, 195–205 2. Wolfgang F. Stolper and Paul A. Samuelson (1941), ‘Protection and Real Wages’, Review of Economic Studies, 9 (1), November, 58–73 3. Rudiger Dornbusch, Stanley Fischer and Paul A. Samuelson (1977), ‘Comparative Advantage, Trade and Payments in a Ricardian Model with a Continuum of Goods’, American Economic Review, 67 (5), December, 823–39 4. Rudiger Dornbusch, Stanley Fischer and Paul A. Samuelson (1980), ‘Heckscher-Ohlin Trade Theory with a Continuum of Goods,’ Quarterly Journal of Economics, 95 (2), September, 203–24 5. Edward E. Leamer (1980), ‘Welfare Computations and the Optimal Staging of Tariff Reductions in Models with Adjustment Costs’, Journal of International Economics, 10 (1), February, 21–36 6. Jonathan Eaton and Samuel Kortum (2002), ‘Technology, Geography, and Trade’, Econometrica, 70 (5), September, 1741–79 7. Arnaud Costinot, Dave Donaldson, Jonathan Vogel and Iván Werning (2015), ‘Comparative Advantage and Optimal Trade Policy’, Quarterly Journal of Economics, 130 (2), February, 659–702 PART II THE GAINS FROM TRADE LIBERALIZATION IN STATIC AND DYNAMIC TRADE MODELS WITH IMPERFECT COMPETITION 8. Paul R. Krugman (1979), ‘Increasing Returns, Monopolistic Competition, and International Trade’, Journal of International Economics, 9 (4), November, 469–79 9. Paul R. Krugman (1981), ‘Intraindustry Specialization and the Gains from Trade’, Journal of Political Economy, 89 (5), October, 959–73 10. Gene M. Grossman and Elhanan Helpman (1990), ‘Comparative Advantage and Long-Run Growth’, American Economic Review, 80 (4), September, 796–815 11. Luis A. Rivera-Batiz and Paul M. Romer (1991), ‘Economic Integration and Endogenous Growth’, Quarterly Journal of Economics, 106 (2), May, 531–55 12. Alwyn Young (1991), ‘Learning by Doing and the Dynamic Effects of International Trade’, Quarterly Journal of Economics, 106 (2), May, 369–405 PART III TRADE AND GROWTH 13. Sebastian Edwards (1992), ‘Trade Orientation, Distortions, and Growth in Developing Countries’, Journal of Development Economics, 39 (1), July, 31–57 14. Dan Ben-David (1993), ‘Equalizing Exchange: Trade Liberalization and Income Convergence’, Quarterly Journal of Economics, 108 (3), August, 653–79 15. Jeffrey D. Sachs and Andrew Warner (1995), ‘Economic Reform and the Process of Global Integration’, Brookings Papers on Economic Activity, 1 (25), January, 1–64 [64] 16. Ann Harrison (1996), ‘Openness and Growth: A Time-Series, Cross-Country Analysis for Developing Countries’, Journal of Development Economics, 48 (2), March, 419–47 17. Sebastian Edwards (1998), ‘Openness, Productivity and Growth: What Do We Really Know?’, Economic Journal, 108 (447), March, 383–98 18. Jeffrey A. Frankel and David Romer (1999), ‘Does Trade Cause Growth?’, American Economic Review, 89 (3), June, 379–99 19. Alberto F. Ades and Edward L. Glaeser (1999), ‘Evidence on Growth, Increasing Returns, and the Extent of the Market’, Quarterly Journal of Economics, 114 (3), August, 1025–45 20. Alberto Alesina, Enrico Spolaore and Romain Wacziarg (2000), ‘Economic Integration and Political Disintegration’, American Economic Review, 90 (5), September, 1276–96 21. Romain Wacziarg (2001), ‘Measuring the Dynamic Gains from Trade’, World Bank Economic Review, 15 (3), October, 393–429 22. Francisco Rodríguez and Dani Rodrik (2000), ‘Trade Policy and Economic Growth: A Skeptic’s Guide to the Cross-National Evidence’, NBER Macroeconomics Annual 2000, 15, January, 261–330 23. Enrico Spolaore and Romain Wacziarg (2005), ‘Borders and Growth’, Journal of Economic Growth, 10 (4), December, 331–86 24. Christian Broda and David E. Weinstein (2006), ‘Globalization and the Gains from Variety’, Quarterly Journal of Economics, 121 (2), May, 541–85 25. Romain Wacziarg and Karen Horn Welch (2008), ‘Trade Liberalization and Growth: New Evidence’, World Bank Economic Review, 22 (2), June, 187–231 Volume II Contents Acknowledgements Introduction An introduction to both volumes by the editor appears in Volume I PART I TRADE, LABOR MARKETS AND INEQUALITY 1. Ana L. Revenga (1992), ‘Exporting Jobs? The Impact of Import Competition on Employment and Wages in U.S. Manufacturing’, Quarterly Journal of Economics, 107 (1), February, 255–84 2. Romain Wacziarg and Jessica Seddon Wallack (2004), ‘Trade Liberalization and Intersectoral Labor Movements’, Journal of International Economics, 64 (2), December, 411–39 3. Erhan Artuç, Shubham Chaudhuri and John McLaren (2010), ‘Trade Shocks and Labor Adjustment: A Structural Empirical Approach’, American Economic Review, 100 (3), June, 1008–45 4. Donald R. Davis and James Harrigan (2011), ‘Good Jobs, Bad Jobs, and Trade Liberalization’, Journal of International Economics, 84 (1), March, 26–36 5. David H. Autor, David Dorn and Gordon H. Hanson (2013), ‘The China Syndrome: Local Labor Market Effects of Import Competition in the United States’, American Economic Review, 103 (6), October, 2121–68 6. Rafael Dix-Careiro (2014),‘Trade Liberalization and Labor Market Dynamics’, Econometrica, 82 (3), May, 825–85 7. Pablo D. Fajgelbaum and Amit K. Khandelwal (2016), ‘Measuring the Unequal Gains from Trade’, Quarterly Journal of Economics, 131 (3), March, 1113–80 8. Elhanan Helpman, Oleg Itskhoki, Marc-Andreas Muendler and Stephen J. Redding (2017), ‘Trade and Inequality: From Theory to Estimation’, Review of Economic Studies, 84 (1), June, 357–405 PART II THE EFFECTS OF TRADE LIBERALIZATION AT THE FIRM LEVEL: THEORY 9. Paul R. Krugman (1980), ‘Scale Economies, Product Differentiation, and the Pattern of Trade’, American Economic Review, 70 (5), December, 950–959 10. Marc J. Melitz (2003), ‘The Impact of Trade on Intra-Industry Reallocations and Aggregate Industry Productivity’, Econometrica, 71 (6), November, 1695–725 11. Andrew B. Bernard, Stephen J. Redding and Peter K. Schott (2007), ‘Comparative Advantage and Heterogeneous Firms’, Review of Economic Studies, 74 (1), January, 31–66 12. Marc J. Melitz and Gianmarco I.P. Ottaviano (2008), ‘Market Size, Trade, and Productivity’, Review of Economic Studies, 75 (3), January, 295–316 13. Andrew Atkeson and Ariel Toms Burstein (2010), ‘Innovation, Firm Dynamics, and International Trade’, Journal of Political Economy, 118 (3), June, 433–84 14. Elhanan Helpman, Oleg Itaskhoki and Stephen Redding (2010), ‘Inequality and Unemployment in a Global Economy’, Econometrica, 78 (4), July, 1239–83 15. Costas Arkolakis, Arnaud Costinot and Andrés Rodríguez-Clare (2012), ‘New Trade Models, Same Old Gains?’, American Economic Review, 102 (1) July, 94–130 PART III THE EFFECTS OF LIBERALIZATION ON FIRM PRODUCTIVITY, MARKUPS, ENTRY, AND EXIT: EMPIRICAL STUDIES 16. Nina Pavcnik (2002),‘Trade Liberalization, Exit, and Productivity Improvements: Evidence from Chilean Plants’, Review of Economic Studies, 69 (1), January, 245–76 17. Andrew B. Bernard, Jonathan Eaton, J. Bradford Jensen and Samuel Kortum (2003), ‘Plant and Productivity in International Trade’, American Economic Review, 93 (4), September, 1268–1290 18. Pinelopi Koujianou Goldberg, Amit Kumar Khandelwal, Nina Pavcnik and Petia Topalova (2010), ‘Imported Intermediate Inputs and Domestic Product Growth: Evidence from India’, Quarterly Journal of Economics, 125 (4), November, 1727–67 19. Andrew B. Bernard, Stephen J. Redding and Peter K. Schott (2011), ‘Multiproduct Firms and Trade Liberalization’, Quarterly Journal of Economics, 126 (3), July, 1271–318 20. Jan De Loecker (2011), ‘Product Differentiation, Multiproduct Firms, and Estimating the Impact of Trade Liberalization on Productivity’, Econometrica, 79 (5), September, 1407–451 21. Paula Bustos (2011), ‘Trade Liberalization, Exports and Technology Upgrading: Evidence on the Impact of MERCOSUR on Argentinean Firms’, American Economic Review, 101 (1), February, 304–40 22. Jan De Loecker and Frederic Warzynski (2012), ‘Markups and Firm-Level Export Status’, American Economic Review, 102 (6), October, 2437–71 Index

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Book SynopsisThis detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ?rules? and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system.Taking an integrated approach, the author combines the results of a Mapping Exercise of all 36 Protocols of accession with a legal analysis of the decisions by the WTO Dispute Settlement Body involving Protocols of Accession. In doing so, this book provides the first comprehensive analysis of the issue of Member-specific ?WTO-Plus? commitments in Protocols of Accession. Whilst addressing the institutional and historical aspects of the WTO accession process, it provides a vital update to the existing scholarship on WTO accession, offering coverage of all accessions including those of Afghanistan, Kazakhstan and Liberia.Accession to the World Trade Organization will be invaluable reading for academics interested in WTO accession practice, as well as lawyers, practitioners and government officials in the field of WTO accession.Trade Review'This is a long overdue analysis: how is one to classify and then interpret the widely different obligations found in the Accession Protocols of new members. Dylan Geraets does an admirable job in navigating these underexposed yet noteworthy new rules in the WTO system. With this book he has made his mark.' --Marco Bronckers, Leiden University, the Netherlands'Close to one in four WTO members acceded to the WTO after its establishment in 1995. What is the legal status of their ''entry fee'' commitments? What WTO-plus and/or -minus rules can be found in the 36 Accession Protocols to date? Is the WTO veering toward a multi-tiered membership? This book is the first in-depth legal analysis of WTO accession rules and jurisprudence. An indispensable guide to understanding the role of ''newcomers'' such as China and Russia in the world trading system.' --Joost Pauwelyn, Georgetown University Law Centre, USTable of ContentsContents: Part I: Accession to the Multilateral Trading System 1. The General Agreement on Tariffs and Trade 1947 (GATT 1947) and the World Trade Organization (WTO) – Why Join the Club? 2. Membership of the GATT 1947 and the WTO 3. The Scope of the Multilateral Trading System Part II: The Status of Protocols of Accession in the legal framework of the WTO 4. The Status of Protocols of Accession in the Legal Framework of the WTO Part III: Mapping Exercise: The Content of Protocols of Accession 5. Mapping Exercise: Methodology and Typology – Commitments on Specific Matters 6. Mapping Exercise: The Results Part IV: Conclusion 7. Concluding Remarks Selected Bibliography Index

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Book SynopsisThis edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law.After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention.This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.Trade Review'Childhood obesity is a hugely serious human rights problem. The contributions to this volume engage in a thoughtful and thought-provoking way with the topic. In doing so, they focus on the potential - and limitations - of law as part of a multisectoral, multi-level human rights-based response to childhood obesity as a human, health social, economic, ecological, development and legal challenge. The contributions address key sub-disciplines of law, particularly international economic law to international human rights law, in order to demonstrate their respective relevance with regard to efforts to address childhood obesity.' -- Aoife Nolan, University of Nottingham, UK'To my fellow economists, this book will provide a stimulating approach to childhood obesity policies. The key underlying idea - a brilliant one - is to reconsider these policies in the light of the legal corpus governing children's protection and their right to health. The book then mixes conceptual analyses and case studies to propose a precise and pragmatic vision of the legal issues raised by the regulation of food markets, in particular the compatibility of national policies with international trade rules. A must-read for anyone interested in why and how the latest economic analyses play a crucial role in contemporary debates on the legitimacy and legal feasibility of public health policies!' -- Fabrice Etile, Paris School of Economics and INRAE, France'This book is a unique and new contribution to the now extensive policy-related work on ending childhood obesity. The authors take a human rights approach to this very pressing and important problem arguing persuasively that the law can and should be mobilised against it. The major targets for such intervention are food and other multinational corporations, whose practices come under close scrutiny. This volume is an essential read and resource for policy makers involved in health matters and for all who are involved in childhood obesity intervention.' -- Stanley Ulijaszek, University of Oxford, UK'Ending Childhood Obesity is an authoritative source that advances the case for a greater role of law in tackling the root causes of obesity as a public health emergency within the current global food environment. It is a must read for all those who are engaged - be they public health professionals, policymakers or health advocates - in combating NCDs both locally and globally.' -- Alberto Alemanno, HEC Paris, FranceTable of ContentsContents: 1 Ending childhood obesity: Introducing the issues and the legal challenge 1 Amandine Garde, Joshua Curtis and Olivier De Schutter PART I HUMAN RIGHTS APPROACH TO CHILDHOOD OBESITY PREVENTION 2 International human rights and childhood obesity prevention 30 Sarah A Roache and Oscar A Cabrera 3 The child’s right to health as a tool to end childhood obesity 57 Katharina Ó Cathaoir and Mette Hartlev 4 Human rights, childhood obesity and health inequalities 86 Marine Friant-Perrot and Nikhil Gokani PART II UTILISING THE SPACE AVAILABLE FOR REGULATORY MEASURES UNDER INTERNATONAL ECONOMIC LAW 5 Sugar as commodity or health risk: The unmaking or remaking of international trade law? 112 Gregory Messenger 6 Using food labelling laws to combat childhood obesity: Lessons from the EU, the WTO and Codex 138 Caoimhín MacMaoláin 7 Investment protection agreements, regulatory chill, and national measures on childhood obesity prevention 161 Mavluda Sattorova 8 International trade and childhood obesity: A Caribbean perspective 185 Nicole Foster PART III ADDITIONAL TOOLS AVAILABLE UNDER HUMAN RIGHTS LAW 9 Can the United Nations system be mobilized to promote human rights-based approaches in preventing and ending childhood obesity? 219 Wenche Barth Eide and Asbjørn Eide 10 Combatting obesogenic commercial practices through the implementation of the best interests of the child principle 251 Amandine Garde and Seamus Byrne 11 Multinational food corporations and the right to health: Achieving accountability through mandatory human rights due diligence? 282 Oliver Bartlett 12 Bridging governance gaps with extraterritorial human rights obligations: Accessing home State courts to end childhood obesity 309 Joshua Curtis 13 Overcoming the legal challenge to end childhood obesity: Pathways towards positive harmonization in law and governance 339 Joshua Curtis and Amandine Garde Index 370

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Book SynopsisThis new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions Guidance on how these tactics are addressed in national and international law Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.Trade Review‘The book by Dr Wilhelmsen is invaluable reading for everyone faced with the complex issue that is the regulation of international commercial arbitration with the EU and the consequences of the interference between the Brussels I Regulation and international commercial arbitration. The importance of this monograph is rooted not only in the significance of the questions it examines but also in the approach it takes, namely examining the interplay between EU, international and national laws of four EU jurisdictions (Sweden, Germany, England and France) and the conclusions it reaches.’ -- Petya Koycheva, International Company and Commercial Law ReviewTable of ContentsContents: 1. International Commercial Arbitration in the EU – An Introduction 2. The Interface between the Recast Brussels I Regulation and International Commercial Arbitration 3. The Consequences of the Interface between the Recast Brussels I Regulation and International Commercial Arbitration 4. The Existence and Validity of Arbitration Agreements 5. The Arbitrability of a Dispute 6. Parallel Proceedings 7. Conflicting Decisions 8. Summary and Conclusions Index

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Book SynopsisThe growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. This book identifies the legal challenges posed by cryptocurrencies, smart contracts and other applications of Blockchain, questioning whether these challenges can be addressed within the current legal system, or whether significant changes are required.Chapters assess how Blockchain's many applications will affect different areas of law, including contract, criminal, financial and private international law. Contributors analyse how these fields of law may need to adapt to accommodate Blockchain technology, proposing possible solutions and ways forward. Several chapters are based on the Swiss legal framework as it allows market participants the widest freedom to operate in Blockchains and cryptocurrencies. Overall, this illuminating work highlights the importance of creating a regulatory structure that will allow Blockchain technologies to develop, whilst also ensuring they are not abused. The conclusions of this book are however quite reassuring, with contributing authors suggesting that although disruptive, the challenges brought about by the 'Blockchain revolution' can, for the most part, be effectively addressed within the law as we know it.This book will be a valuable resource for practising lawyers and academic researchers who are interested in understanding more about how legal and regulatory systems will be affected by the implementation of Blockchain technologies.Contributors include: A. Alberini, V. Botteron, C. Boulay, N. Capus, B. Carron, P. Delimatsis, F. Guillaume, O. Hari, B. Homsy, D. Kraus, M. Le Boudec, V. Mignon, T. Obrist, V. Pfammatter, R.A. Pfister, V. Salomon, P. WitzigTable of ContentsContents: Foreword Daniel Kraus, Olivier Hari and Thierry Obrist Introduction Daniel Kraus 1. Blockchains – Perspectives and challenges Vincent Mignon 2. Cutting out the middleman: A case study of blockchain-technology induced reconfigurations in the Swiss financial services industry Pascal Witzig and Victoriya Salomon 3. Aspects of Private International Law Related to Blockchain Transactions Florence Guillaume 4. When Disruptive Meets Streamline: International Standardization in Blockchain Panagiotis Delimatsis 5. How Smart Can a Contract Be? Blaise Carron and Valentin Botteron 6. Aspects of Swiss financial Regulation Biba Homsy 7. The protection of cryptocurrencies’ owner : Selected aspects of Swiss financial market and bankruptcy law in relation to the treatment of cryptocurrencies in bankruptcy proceedings, in particular bitcoin Olivier Hari 8. Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law: Perspectives of a Distributed Future: Aspects of Criminal Law Nadja Capus and Maëlle Le Boudec 9. Blockchains: Aspects of Intellectual Property Law Daniel Kraus and Charlotte Boulay 10. Blockchain and Data Protection Adrien Alberini and Vincent Pfammatter 11. Tax Treatment of Cryptocurrency Holders and Miners in the Era of Virtual Currencies from a Multijurisdictional and Swiss Perspective Thierry Obrist and Roland A. Pfister Index

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Book SynopsisAgainst the backdrop of the recent trend towards mega-regional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation.With contributions from leading scholars in the field, this book presents a collaborative effort to map out the new dynamics shaped by scientific and technological advances and corresponding regulatory approaches. Starting with the trend of regulatory cooperation, the book focuses on prominent fields in international trade, information technology, energy, and public health. The final section reflects upon the position of intellectual property rights, a key concern in cross-border trade. This work is the first of its kind to give a timely review and assessment of the most critical challenges facing policymakers and academics in the newest wave of transformation in global trade governance.The book will appeal to academics who are researching in international economic law, technology law and policy, and political science. Practitioners and policy makers who are active in the field of international trade will also find great value in this work.Contributors include: W.-M. Choi, S.-J. Feng, M.-Z. Gao, B. Hazucha, C.-F. Lin, H.-W. Liu, C.-F. Lo, P. Mavroidis, B. Mercurio, Y. Naiki, S.-Y. Peng, S. Shadikhodjaev, R.H. Weber, M. Wu, P. YuTrade Review'This book provides a penetrating analysis of the timeliest issues in the context of WTO and megaregionalism: how to govern science and technology under the dynamic international economic order. With experts offering scholarly examination of contemporary challenges, this book proves to be a critical and constructive contribution to the field.' --Gabrielle Marceau, President of SIEL, Senior Counsellor at the WTOTable of ContentsContents: Part I Introduction 1. Governing Science and Technology in the Era of Megaregionals Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin 2. Regulatory Cooperation in the WTO: Why it Matters Now? How Could it be Achieved? Petros C. Mavroidis Part II Trade in ICT Goods and Services 3. Free Flow of Data and Digital Trade from an EU Perspective Rolf H. Weber 4. Lessons from the TPP Regulatory Coherence Chapter: The Laws Governing Unsolicited Commercial Electronic Messages as a Case Study Shin-Yi Peng 5. Export Policies, Technology Controls, and Investment Reviews: How States Compete in the Era of Global High-tech Value Chains. Mark Wu 6. China Standard Time: The Boundary of Techno-Nationalism in Megaregionals Han-Wei Liu, Part III Environmental and Energy Policy 7. Trade and Biological Diversity Governance in the Age of Megaregionalism Won-Mog Choi 8. Regulation of Renewable Energy Trade in the Megaregionals Era: Current Issues and Prospects for Rule-Making Reforms Sherzod Shadikhodjaev 9. The Promotion of Renewable Electricity Technology in the Mega-RTA Era: The Preliminary Evaluation of the Potential Effects on Regulatory Convergence or Divergence Anton Ming-Zhi Gao Part IV. Food Safety and Public Health 10. Food and Product Safety Issues in the TPP Yoshiko Naiki 11. Megaregional Transformation of Global Food Safety Governance: Normative Roots and Ramifications Ching-Fu Lin 12. How are Package-related Food Safety Issues Addressed in the TPP? Chang-Fa Lo Part V Intellectual Property Rights 13. TPP, RCEP, and the Crossvergence of Asian Intellectual Property Standards Peter K. Yu 14. International Harmonization with Regulatory Competition: A Case of Intellectual Property Law Branislav Hazucha 15. Harmonization without Localization: Trendspotting Pharmaceutical Patent Law in Recent FTAs Bryan Mercurio 16. Internet-Related Unfair Competition: The Impact of Treaties and Challenges for Mainland Chinese Law and Jurisprudence Shujie Feng Index

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Book SynopsisSustainable development remains a high priority in international politics and commerce. This timely book explores how the contours and facets of economic, environmental and social sustainability are reflected in the legal norms that govern trade, investment and finance. Examining a range of issues arising from private initiatives, national conduct and international organisations, the chapters interrogate the role of powerful global actors in the pursuit of sustainable development: China, the United States and the EU are all recognised as significant actors in a wider context of global partnership. The authors identify and investigate challenges to the realisation of a coherent sustainable development policy, engaging with the complex interactions of international, regional and national mechanisms that pose significant problems for the future of the planet, its people and their prosperity. Offering interdisciplinary insights on legal frameworks through the lens of sustainability, this discerning book will appeal to a range of academics interested in sustainability, trade, investment and finance, while also offering crucial insights for policy-makers into specific areas of regulation.Trade Review‘Understanding the regulatory frameworks of trade, investment and finance and their impact on corporate sustainability is crucial. This highly topical volume provides fresh insights combined with a comprehensive analysis that makes it a necessary contribution not only in trade, investment and finance, but also for scholars, students and policy-makers of company law, corporate governance and business generally.’ -- Beate Sjåfjell, University of Oslo and coordinator of the SMART project, NorwayTable of ContentsContents: 1. The Concept of Sustainability and its Application in International Trade, Investment and Finance Clair Gammage and Tonia Novitz PART I TRADE LAW 2. Sustainable Trade, Renewable Energy and the WTO Daniel Szabo 3. Social Norms in EU-Free Trade Agreements: Justiciable or Not? Clair Gammage 4. Increasing the Social Sustainability of Trade Agreements in Terms of Labour Standards: Insights from the TPP Experience Franz Christian Ebert PART II SUPPLY CHAINS 5. Sustainable Global Supply Chains: From Transparency to Due Diligence Kasey McCall-Smith and Andreas Rühmkorf 6. Regulating Sustainability by Combining Legality Verification and Market Access: Critical Reflections on the EU’s FLEGT Scheme as ‘Smart-Mix’ Multi-Level Regulation for the Timber Sector Karin Buhmann and Iben Nathan PART III CONTENT OF INVESTMENT TREATIES 7. Old Players, New Rules: A Critique of the China-Ethiopia and China-Tanzania Bilateral Investment Treaties Amy Man 8. The Principle of ‘CBDR’ in BITs to Promote Sustainable Development Strategies while Combating Environmental Degradation: A Developing Country Perspective Shamila Dawood PART IV INVESTMENT ARBITRATION 9. Human Rights Obligations in Investor-State Contracts: Reconciling Investors' Legitimate Expectations with the Public Interest Enrique Boone Barrera 10. From Myopia to Flashes of Clear Vision? Deciding Interaction and Conflict of Treaties in Investor-State Arbitration after Urbaser v Argentina Ahmad Ghouri 11. Achieving Sustainable Development Objectives in International Investment Law through the Lens of Treaty Interpretation Ying-Jun Lin PART V FUNDING, FINANCE AND TAX 12. Fossil Fuels Divestment: A Strategy for Sustainability? Benjamin J. Richardson 13. Creative Cocktails or Toxic Brews? Blended Finance and the Regulatory Framework for Sustainable Development Celine Tan 14. Apple Tax: The Core Issues Irene Lynch Fannon Index

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Book SynopsisThis comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.Trade Review'This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors' own chapter on Party Autonomy and will be recommending this to my students of international commercial law.' -- Camilla Baasch Andersen, The University of Western Australia'This fine assembly of chapters, predominantly by South African scholars but also including work from scholars in The Netherlands, the UK and the US, is devoted to a study of contract and commercial law on the international plane. The 17 contributions cover a wide range, both in time and in topic, and bring new insights into current and emerging commercial law issues, as well as alerting the reader to sources of which he or she may have been unaware. I warmly commend this new work.' -- Roy Goode, University of Oxford, UKTable of ContentsContents: List of contributors vii 1 International commercial contracts: autonomy and regulation in a dynamic system of merchant law 1 Andrew Hutchison and Franziska Myburgh PART I GENERAL PRINCIPLES OF CONTRACT LAW 2 On reasonable expectations, interpretive preferences and the ICS principles of interpretation 11 Franziska Myburgh 3 Good faith and the duty to co-operate in long-term contracts 35 Lorna Richardson 4 A lex mercatoria of remedies for breach of contract? 57 Harriët N Schelhaas 5 An EU perspective on contract law harmonisation 86 Bert Keirsbilck 6 Private international law and choice-of-law clauses 110 Faadhil Adams and Thalia Kruger 7 The UNIDROIT Principles of International Commercial Contracts 132 Thomas Krebs PART II MERCHANT CONTRACT FORMS 8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159 Juana Coetzee 9 Private ordering, dynamic merchant tradition, and the Uniform Commercial Code 181 David L Finnegan 10 A history of English marine insurance law: merchants, their practices, the courts and the law 196 Jeffrey Thomson 11 From the book of lading to blockchain bills of lading: dynamic merchant tradition and private ordering 223 Livashnee Naidoo 12 Negotiable instruments as instruments of payment in international trade 244 Charl Hugo 13 Harmonizing international secured transactions law 262 Reghard Brits 14 Agency law: continuity and change 281 Laura Macgregor PART III NEW FRONTIERS 15 Online contracting in an international commercial context 301 Sieg Eiselen 16 The chimera of smart contracts 328 Manuel A Gomez Index

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Book SynopsisThe Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.Trade Review'This Research Handbook is a thorough and well-organized volume on European economic law. It is a timely publication given the fast pace of changes in European economic affairs and presents a balanced look at the strengths and weaknesses among European Monetary Union institutions with an eye to the future from the contributors’ perspectives. This particular addition to the series is unique among other publications for its in-depth analysis of EU economic law.'--Stephanie C Miller, International Journal of Legal InformationTable of ContentsContents: 1. Introduction Federico Fabbrini and Marco Ventoruzzo PART I Economic Union 2. Institutional architecture Alberto de Gregorio Merino 3. Fiscal Rules Jean-Paul Keppenne 4. Mechanisms of Financial Stabilization Tomi Tuominen 5. Fiscal Capacity Federico Fabbrini PART II Monetary Union 6. Institutional architecture (ECB, Eurosystem) Phoebus Athanassiou 7. Conventional & Unconventional Monetary Policy Aikaterini Pantazatou and Ioannis Asimakopoulos 8. Monetary Policy and Judicial Review Stefania Baroncelli 9. Adjustment Programs and Conditionality Roderic O’Gorman PART III Banking Union 10. The Single Rulebook and the European Banking Authority Valia Babis 11. Single Supervisory Mechanism Tobias H. Troeger 12. Single Resolution Mechanism Christos Gortsos 13. European Deposit Insurance Scheme Christos Gortsos PART IV Capital Markets Union 14. The European System of Financial Supervision Sophie Vuarlot-Dignac and Eugenia Siracusa 15. Capital Markets Union Danny Busch 16. Financial Services and Investment Funds Filippo Annunziata 17. Clearing and Settlement Nadia Linciano 18. Concluding remarks Andreas Heinzmann and Valerio Scollo Index

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Book SynopsisEmissions Trading Systems (ETS) have been hailed as a game changer for the evolving climate crisis. This book provides an in-depth analysis of China’s carbon ETS, including its legal and policy frameworks, carbon market mechanisms, and international and comparative implications.With nine cutting-edge topics divided into three thematic parts, this comprehensive book probes the essential concepts, contemporary research, and key elements of carbon emissions trading in China. Multidisciplinary in scope, the book draws on insights from law, policy, economics, environmental management, and geopolitics, to provide a comprehensive and nuanced analysis of the development of carbon emissions trading in China. Placing China’s carbon ETS within the broader context of international efforts to address climate change, it provides a comparative perspective with international value.This book will be an essential resource for scholars and researchers of international and comparative climate law and policy, environmental management, economics, and climate politics. It will prove an indispensable guide for students of Chinese law, climate law, environmental policy, and comparative environmental law. Practitioners, policymakers, and government officials working in climate governance seeking the state-of-the-art of the development of ETS in China will also benefit greatly from its insights.Trade Review‘It is clear that to overcome the climate crises, the contribution of China, which for more than a decade has been the largest emitter of GHG, is crucial. With this book, two renowned authors, Professor Dr Qin Tianbao and Dr Zhang Meng, unfold for us in a very detailed manner China’s most important instrument to combat carbon emissions from industry: the Emission Trading System. This comprehensive monograph is a must read for all those interested in global climate change law.’ -- Luc Lavrysen, Centre for Environmental and Energy Law, Ghent University, Belgium‘China is now becoming a major player in the global climate change game. After initial pilots it introduced an emission trading system at the national level. This fascinating book provides a detailed analysis of the legal aspects of ETS in China. Both the economic rationale as well as the legal regulations are explained in a detailed manner. Anyone interested in climate change policy and environmental policy in China will undoubtedly benefit from reading this book.’ -- Michael G. Faure, Maastricht University and Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: Biography of the authors vi Introduction vii PART I CONTEXT, FUNDAMENTAL RATIONALE AND HISTORICAL DEVELOPMENT 1 Contextual setting for emissions trading in China: is the market-based approach a game changer for the ever-changing climate game? 2 Introduction to the key concepts and issues arising from the developing ETS in China 3 Historical development of emissions trading in China PART II ETS IN CHINA’S LEGAL AND POLICY DISCOURSES 4 Regional pilot emissions trading in China: a bottom-up approach towards a national ETS? 5 Legislative progress: the last mile to a well-established regulatory framework for the national ETS in China 6 Emerging climate litigation and developing ETS in China 7 Interactions between the ETS regulatory framework and other climate mechanisms towards the Dual Carbon Goals in China PART III HARMONIZATION OF CARBON MARKETS IN CHINA AND OTHER JURISDICTIONS 8 The role of the EU Carbon Border Adjustment Mechanism in linking emissions trading in China and the EU: troublemaker or game changer? 9 Synergetic development of the ETS in China and Southeast Asia: towards a regional ‘climate club’? Index

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Book SynopsisThis authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama's ideals that the agreement would be progressive and comprehensive and the substance of the trade deal. Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade.This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.Trade Review'In this comprehensive volume, Professor Matthew Rimmer takes a deep dive into the intellectual property chapter of the Trans-Pacific Partnership, now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. He covers a wide range of controversial matters including access to essential medicines, cybersquatting, and Indigenous intellectual property. The book is a must read for intellectual property enthusiasts as well as those interested in the significance of the Trans-Pacific Partnership for the future of international trade law.' -- Tania Voon, University of Melbourne, Australia'The Trans-Pacific Partnership is the definitive account of a trade agreement that spans the globe with enormous implications for the digital economy, the environment, and climate change. Professor Matthew Rimmer masterfully recounts policy critiques and analysis from Australia, Canada, New Zealand, and the United States in crafting a convincing case that after years of closed door negotiations, the agreement fails to deliver a progressive vision for trade, intellectual property, and sustainable development.' -- Michael Geist, University of Ottawa, CanadaTable of ContentsContents: PREFACE INTRODUCTION PART ONE Copyright Law and Related Rights 1. Rock against the Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom 2. Fair Use and Fair Trade: The Trans-Pacific Partnership and Copyright Exceptions in the Pacific Rim 3. Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership PART TWO Electronic Commerce and Digital Trade 4. The Trans-Pacific Partnership and Big Data: Consumer Rights, Privacy, Electronic Commerce and Digital Trade PART THREE Trademark Law and Related Rights 5. No Logo: Nike, Labor Rights, Trade Mark Law, and the Trans-Pacific Partnership 6. The Big Chill: Investor-State Dispute Settlement, Tobacco Control, and the Trans-Pacific Partnership 7. The Prosecco Wars: Intellectual Property and Geographical Indications in the Pacific Rim PART FOUR Patent Law and Related Rights 8. Farmers’ Rights in the Pacific Rim: Plant Breeders’ Rights, Agricultural Patents, and the Trans-Pacific Partnership 9. The Trans-Pacific Partnership and Access to Essential Medicines: Patent Law, Public Health, and Pandemics 10. The Trans-Pacific Partnership and Biotechnology: Intellectual Property, Gene Patents and Biologics PART FIVE TRADE SECRETS 11. Secret Trade and Trade Secrets: The Trans-Pacific Partnership, Confidential Information, and Computer Crimes PART SIX THE ENVIRONMENT, CLIMATE CHANGE, AND INDIGENOUS RIGHTS 12. Greenwashing the Trans-Pacific Partnership: Trade and the Environment in the Pacific Rim 13. Two Solitudes: Climate Change and Trade in the Context of The Trans-Pacific Partnership 14. The Imperialism of the Trans-Pacific Partnership: First Nations, Traditional Knowledge, and Indigenous Intellectual Property CONCLUSION Index

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Book SynopsisThis carefully crafted book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.Contributing to a growing and important body of scholarship, Principles of International Trade and Investment Law provides critical analysis of important topics in international economic law, including cross-border data transfers and prudential regulation. By identifying commonalities and divergences in how the two regimes treat key legal concepts, such as necessity testing and non-discrimination, the book provides insight into international trade and investment law while also furthering our understanding of the broader fields of international economic law and public international law.Examining how these key principles are interpreted and used in international economic law, this book will be welcomed by academics and practitioners interested in international investment and trade law as well as researchers in the international public law field.Trade Review'Principles of International Trade and Investment Law is an impressive tour de force combining in-depth theoretical analysis and crucial information for practitioners, students and teachers alike. The study of the selected principles (procedural fairness, reasonableness, necessity and non-discrimination) offers rich opportunities for intellectual cross-fertilization between the fields of international trade and investment law.' -- Maxi Scherer, Professor of Law, Queen Mary University of London and WilmerHale, London, UK'In this thorough and illuminating study Andrew D. Mitchell and Elizabeth Sheargold explore the role that principles play in international trade and investment law. They show us how the principles of due process and reasonableness have a central place in international economic law, and the treaty rules on non-discrimination and necessity are underpinned by broader principles of non-discrimination and necessity. This is a rich and insightful analysis of the little-explored interaction of rules and principles in international trade and investment law.' -- Donald McRae, University of Ottawa, Canada'While many textbooks exist on cross-fertilisation between international trade law and international investment law, here the authors present a comparative analysis of key principles on an unprecedented scale. This book focuses on two increasingly important sectors of government regulation: management of cross-border data transfers and the protection of financial systems. This work provides an essential contribution to address contemporary trade and investment challenges and a most valuable tool for academics, practitioners and officials.' -- Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTOTable of ContentsContents: 1. Introduction: Principles as a framework for comparative analysis in international economic law PART I ANALYSIS OF SELECTED PRINCIPLES 2. Procedural fairness 3. Reasonableness 4. Necessity testing 5. Non-discrimination PART II APPLICATIONS OF PRINCIPLES IN SPECIFIC SECTORS 6. Restrictions on cross-border data transfers 7. Prudential regulation 8. Conclusions: Principles as a source of flexibility and cohesiveness in international economic law Bibliography Index

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Book SynopsisProviding insights on the products of a unique period for academic research in international economics, this review is an important piece of literature for a vital area of study. Highlighting main issues such as welfare gains and losses, trade patterns and international transaction interventions, the author provides a timely and comprehensive research review on the heavily debated topic of international trade and investment.Table of ContentsContents Part I From Macro to Micro 1. R. Dornbusch, S. Fischer and P.A. Samuelson (1977), ‘Comparative Advantage, Trade, and Payments in a Ricardian Model with a Continuum of Goods’, American Economic Review, 67 (5), December, 823–39 2 2. Paul R. Krugman (1979), ‘Increasing Returns, Monopolistic Competition, and International Trade’, Journal of International Economics, 9 (4), November, 469–79 19 3. Paul Krugman (1980), ‘Scale Economies, Product Differentiation, and the Pattern of Trade’, American Economic Review, 70 (5), December, 950–59 30 4. Elhanan Helpman (1981), ‘International Trade in the Presence of Product Differentiation, Economies of Scale and Monopolistic Competition: a Chamberlin–Heckscher–Ohlin Approach’, Journal of International Economics, 11 (3), August, 305–40 40 5. Wilfred J. Ethier (1982), ‘National and International Returns to Scale in the Modern Theory of International Trade’, American Economic Review, 72 (3), June, 389–405 76 6. James Brander and Paul Krugman (1983), ‘A “Reciprocal Dumping” Model of International Trade’, Journal of International Economics, 15 (3–4), November, 313–21 93 7. Elhanan Helpman (1984), ‘A Simple Theory of International Trade with Multinational Corporations’, Journal of Political Economy, 92 (3), June, 451–71 102 8. James R. Markusen (1984), ‘Multinationals, Multi-Plant Economies, and the Gains from Trade’, Journal of International Economics, 16 (3–4), May, 205–26 123 9. Gene M. Grossman and Elhanan Helpman (1991), ‘Quality Ladders in the Theory of Growth’, Review of Economic Studies, 58 (193), January, 43–61 145 10. Paul Krugman (1991), ‘Increasing Returns and Economic Geography’, Journal of Political Economy, 99 (3), June, 483–99 164 11. Robert C. Feenstra (1994), ‘New Product Varieties and the Measurement of International Prices’, American Economic Review, 84 (1), March, 157–77 181 12. Paul Krugman and Anthony J. Venables (1995), ‘Globalization and the Inequality of Nations’, Quarterly Journal of Economics, CX (4), November, 857–80 202 13. Daniel Trefler (1995), ‘The Case of the Missing Trade and Other Mysteries’, American Economic Review, 85 (5), December, 1029–46 226 14. Werner Antweiler, Brian R. Copeland and M. Scott Taylor (2001), ‘Is Free Trade Good for the Environment?’, American Economic Review, 91 (4), September, 877–908 244 15. Jonathan Eaton and Samuel Kortum (2002), ‘Technology, Geography, and Trade’, Econometrica, 70 (5), September, 1741–79 276 16. Gene M. Grossman and Elhanan Helpman (2002), ‘Integration versus Outsourcing in Industry Equilibrium’, Quarterly Journal of Economics, 117 (1), February, 85–120 315 Part II From Micro to Macro 17. Marc J. Melitz (2003), ‘The Impact of Trade on Intra-industry Reallocations and Aggregate Industry Productivity’, Econometrica, 71 (6), November, 1695–725 352 18. Andrew B. Bernard, Jonathan Eaton, J. Bradford Jensen and Samuel Kortum (2003), ‘Plants and Productivity in International Trade’, American Economic Review, 93 (4), September, 1268–90 383 19. Pol Antràs (2003), ‘Firms, Contracts, and Trade Structure’, Quarterly Journal of Economics, 118 (4), November, 1375–418 406 20. Elhanan Helpman, Marc J. Melitz and Stephen R. Yeaple (2004), ‘Export Versus FDI with Heterogeneous Firms’, American Economic Review, 94 (1), March, 300–316 450 21. Pol Antràs and Elhanan Helpman (2004), ‘Global Sourcing’, Journal of Political Economy, 112 (3), 552–80 467 22. Stephen Ross Yeaple (2005), ‘A Simple Model of Firm Heterogeneity, International Trade, and Wages’, Journal of International Economics, 65 (1), January, 1–20 496 23. Andrew B. Bernard, Stephen J. Redding and Peter K. Schott (2007), ‘Comparative Advantage and Heterogeneous Firms’, Review of Economic Studies, 74 (1), January, 31–66 516 24. Marc J. Melitz and Gianmarco I. P. Ottaviano (2008), ‘Market Size, Trade, and Productivity’, Review of Economic Studies, 75 (3), January, 295–316 552 25. Gene M. Grossman and Esteban Rossi-Hansberg (2008), ‘Trading Tasks: A Simple Theory of Offshoring’, American Economic Review, 98 (5), December, 1978–97 574 26. Elhanan Helpman, Oleg Itskhoki and Stephen Redding (2010), ‘Inequality and Unemployment in a Global Economy’, Econometrica, 78 (4), July, 1239–83 594 27. Costas Arkolakis, Arnaud Costinot and Andrés Rodríguez-Clare (2012), ‘New Trade Models, Same Old Gains?’, American Economic Review, 102 (1), February, 94–130 639 Index

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Book SynopsisIn recent years, the EU has negotiated a number of so-called 'new generation' Free Trade Agreements (FTAs) with a significant number of emerging and industrialized partners, such as Canada, Singapore, Japan, Vietnam and others. This timely book gives an overview of the main constitutional issues the EU faces in negotiating, concluding and implementing these FTAs. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints in order to remain a major international trade actor. Chapters first examine questions around EU competences and democratic issues raised by these agreements, before dealing with their implementation and enforcement, approaching these topics specifically from an EU law perspective. Drawing on a broader research project conducted by the well-regarded LAwTTIP network, this invaluable book addresses contemporary debates and future challenges for EU institutions and Member States. Scholars and advanced students of international economic relations and international and European economic law, particularly those with an interest in EU external action, will find this book essential reading. It will also prove useful to those working in EU institutions and WTO administration. Contributors include: J. Auvret-Finck, I. Bosse-Platière, F. Casolari, E. Castellarin, F. Castillo De La Torre, M. Chamon, L.-M. Chauvel, A. de Nanteuil, J.F. Delile, M. Gatti, E. Neframi, N. Neuwahl, C. Rapoport, G. Sangiuolo, A. Suse, C. Tovo, W. Weiss, J. WoutersTrade Review'This book could not come at a more appropriate time. New trade agreements between the EU and major trading partners around the world are giving rise to important questions about trade policy and the relationship between EU and international law. Opinions of the EU Court of Justice are proving controversial, and legal difficulties surround attempts by the UK to contemplate its own trade deals. This book's penetrating and well argued discussions of these issues by European experts could not be more topical or more relevant.' --Sir Francis Jacobs, King's College London, UK'This publication, edited by Professor Isabelle Bosse-Platière and Professor Cécile Rapoport, is the first of a series of three volumes being prepared within the LawTTIP Jean Monnet Network of the University of Bologna, King's College, London and the University of Rennes I. It could not come at a more timely moment. In recent years, and notwithstanding the suspension of the negotiations on the bilateral trade and investment agreement between the EU and the US, a particularly complex labyrinth of bilateral Free Trade Agreements has been established with a variety of important partners of the EU in the world. While this unprecedented development, no doubt, is a demonstration of the dynamic character of the EU's external trade policy, it also gives rise to important constitutional and even existential questions. For the first time, a comprehensive legal analysis of this recent practice is now being made available, and every practitioner and scholar in EU external relations will benefit enormously from the immense in-depth research which has been undertaken.' --Marc Maresceau, Ghent University, BelgiumTable of ContentsContents: Foreword Lucia Serena Rossi Preface 1. Negotiating and implementing EU free trade agreements in an uncertain environment 1 Isabelle Bosse-Platière and Cécile Rapoport PART I THE CONCLUSION OF EU FREE TRADE AGREEMENTS 2. The Opinion on the free trade agreement with Singapore and its aftermath: some personal reflections 23 Fernando Castillo de la Torre 3. Mixity in the EU’s post-Lisbon free trade agreements 39 Merijn Chamon 4. Autonomy and EU competences in the context of free trade and investment agreements 58 Eleftheria Neframi and Mauro Gatti 5. Like a bridge over troubled water: the 2/15 Opinion through the lens of EU loyalty 85 Federico Casolari 6. EU law and diplomacy regarding negotiations during Brexit and in the transition period: the case of UK/North America trade 104 Nanette Neuwahl vi The conclusion and implementation of EU free trade agreements 7. The role of national parliaments in the negotiation and conclusion of EU free trade agreements 125 Carlo Tovo 8. The European Parliament and the Transatlantic Trade and Investment Partnership 143 Josiane Auvret-Finck 9. The role of the European Citizens’ Initiative in the negotiation and implementation of FTAs 159 Louis-Marie Chauvel PART II THE IMPLEMENTATION OF EU FREE TRADE AGREEMENTS 10. The provisional application of the EU’s mixed trade and investment agreements 176 Andrei Suse and Jan Wouters 11. The joint committees established by free trade agreements and their impact on EU law 203 Emanuel Castellarin 12. Joint organs in EU free trade agreements as a threat to democracy 222 Wolfgang Weiß 13. The internationalization of the judicial control of EU free trade agreements: when better is the enemy of good 240 Jean Félix Delile 14. Settlement of disputes in new EU free trade agreements: ‘democratizing’ international adjudication? 255 Arnaud de Nanteuil 15. An international court system for a transformative Europe? 271 Giorgia Sangiuolo Index 289

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

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Book SynopsisIn the age of globalisation, goods, services, labour and capital are crossing international borders on a scale never before known. They are creating a nationless market. Governed by both the invisible hand of business and interest and the visible hand of authority and direction, a world market can be a free-for-all, but it can also be constrained by the national interest of countries that differ greatly in their social institutions and material circumstances. This book provides a lucid and comprehensive account of contemporary international political economy. Beginning with the ideological underpinnings, it examines the globalisation of trade in goods and services and labour and capital. It relates the free economic market to social consensus and political regulation, both within sovereign countries and at the supra-national level. The book is comprehensive and interdisciplinary, incorporating philosophical, political, social and economic insights on an international scale and applying them directly to the ongoing phenomenon of globalisation. Topical and non-nation specific, it covers the WTO, EU, the transfer of technology, the multinational corporation, the exchange rate, free versus regulated trade, the status of agreements and blocs, as well as contemporary issues such as populism, xenophobia and rapid economic growth in both rich and poor nations. Accessible to specialists, students and the informed reader alike, State and Trade offers wide-ranging analysis of the politics of trade in goods and services, international investment and the migration of labour across the globe.Trade Review'State and Trade is a concise, comprehensive, and insightful assessment of international political economy (IPE) in the 21st century. Its balanced perspective is appropriate for students, and the crisp, original writing style, with thoughtful side comments, will attract scholars and experts alike.' --David A. Deese, Yale University and Boston College, USTable of ContentsContents: 1. The earth is flat 2. Science and ideology 3. The National Interest 4. Collective Action 5. Goods and Services 6. Agreements and Blocs 7. Development and Trade 8. The Multinational Enterprise 9. International Liquidity 10. Money without Borders Index

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Book SynopsisIn this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises. By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined. Scholars and students of international law, in particular those interested in international adjudication and international economic law, will find this book to be crucial reading. It will also prove useful for practitioners specializing in international economic dispute settlement.Trade Review'The concern about increasing fragmentation of international law as a consequence of the proliferation of international courts and tribunals has gradually shifted to a more positive expectation about cross-fertilization between different legal areas. What we now need is empirical studies about how the interaction works. Michelle Zang's comprehensive study in the fields of trade and investment through the key concept of ''engagement'' between the relevant courts and tribunals contributes to fill this gap and is highly welcome!' --Geir Ulfstein, University of Oslo, Norway'Zang's book makes an incisive foray into international economic law where numerous bilateral, regional and multilateral judiciaries are active and highlights the various paths that allow for judicial coordination. Even if one cannot deny the existence of incoherence or conflict, the book makes the point that the engagement process of courts and tribunals is healthy and leads more often towards coordination. A welcome positive assessment at a time when the international judicial function is under severe attack.' --Laurence Boisson de Chazournes, University of Geneva, Switzerland'A very important addition to the literature on the fragmentation of the international economic legal order and to that of judicial dialog across jurisdictions.' --J.H.H. Weiler, New York University, USTable of ContentsContents: 1. Introduction 2. Dialogue through jurisprudence: engagement between the WTO dispute settlement and the Court of Justice of the European Union 3. When the multilateral meets the regional and vice versa: engagement between the WTO dispute settlement and regional adjudicators 4. Competitive friendship: engagement between international trade and investment adjudicators 5. Conclusion Bibliography Index

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Book SynopsisGrounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The book shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance. The author considers the relationship among the ROL and economic development, the legal and economic differences between shareholder and stakeholder theory, and also offers insights into how to promote effective and sustainable change in law and business. Students and scholars of international business law, corporate governance, economics, and political economy will gain a general understanding of the topic in a way not previously presented.Trade Review'Nadia E. Nedzel's The Rule of Law, Economic Development, and Corporate Governance applies the concepts of the rule of law to the real world and how it affects real lives through its impact on freedom, economic development, and even corporate governance. But she also shows us that asking law to do too much-trying to make people ''do good'' instead of ''not doing bad''-can threaten the rule of law itself. A splendid overview of the history, jurisprudence, and practical import of the rule of law.' --Todd Zywicki, George Mason University, USTable of ContentsContents: Preface: 1. Introduction: Two Different Western Models 2. The Growth of the English Rule of Law 3. The Development of the Continental Rule through Law 4. The United States, Checks and Balances, and a Commercial Republic – An Experiment 5. The Conflict between Rechtsstaat and the Rule of Law in the United States 6. Economic Development in Europe and the United States 7. Economic Freedom, Development, and Entrepreneurship: The Dominance of Common Law 8. Corporate Governance Index

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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

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Book SynopsisThis timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gérardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. VolpatoTrade Review'Standardisation law has recently emerged as a dynamic and multifaceted field of research, calling for in-depth case-studies but also more fundamental, theoretical work by academics. This book, masterfully edited by Eliantonio and Cauffman, aspires to do both by enrolling an impressive line-up of scholars interested in standardisation. While the jury is not out yet as to how legitimate standardisation in various areas is as a regulatory technique, this volume will become an important entry point for all those who want to learn more about the theoretical and practical challenges of standardisation at the European level.' --Panagiotis Delimatsis, Tilburg University, the Netherlands'The current book puts emphasis on the politically and legally most sensitive side of standardisation in the EU: the legitimacy of private standard production through private associations. The many contributions investigate whether and to what extent the legal framework established by the EU suffices to grant input, throughput and output legitimacy. It is an illuminating read that demonstrates that there is no unique and simple answer. The book constitutes a major contribution to the on-going debate on the increasing role of private regulation in a globalised economy and society.' --Hans-W. Micklitz, European University InstituteTable of ContentsContents: The legitimacy of standardisation as regulatory technique in the EU – a cross-sector and multi-level analysis: An introduction (Mariolina Eliantonio and Caroline Cauffman) PART I - Horizontal questions 1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU Linda Senden 2. Regulating by Request: On the role and status of the ‘standardisation mandate’ under the New Approach Pierluigi Cuccuru 3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations? Caroline Cauffman and Marie Gérardy 4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship? Annalisa Volpato and Mariolina Eliantonio 5. The impact of the legitimacy of European standards on their application in private law: a case study on professional standards in the medical sector Barend van Leeuwen 6. Deficient Standards by European Standardisation Organisations: Between State Liability and Tort Liability Carola Glinski and Peter Rott 7. Standardisation from a law and economics perspective Michael Faure and Niels J. Philipsen PART II – Standardisation in specific policy fields 1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture Maurizia De Bellis 9. Standards on the rise in procurement procedures: Are legitimacy concerns justified? Sarah Schoenmaekers 10. The legitimacy of standardisation as a regulatory technique in telecommunications Marta Cantero Gamito 11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap? Dario Bevilacqua 12. Standardisation of health products in search of legitimacy: rethinking judicial review? Sabrina Roettger-Wirtz Index

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Book SynopsisThis timely book examines the Belt and Road Initiative (BRI), assessing its effect on the international economic order and global governance more broadly. Through a variety of qualitative case studies the book investigates the implementation of the BRI and evaluates its development outcomes both for China and the countries it interacts with under the initiative, along with its international implications. Chapters discuss as-yet-unexplored cases from the ground in brand new studies based on fieldwork by leading academics, as well as providing alternative readings of the rationale behind the BRI. Questions about connectivity and the financial implications of Chinese investments are addressed, taking a balanced approach that demonstrates the complexity and nuance of these issues, and the far-from-linear impact that the BRI is having on global governance. This incisive book will be critical reading for scholars and policy makers working on China and global governance. It will also provide useful insights for officials and practitioners working in BRI countries and international institutions, think-tanks and NGOs. Contributors include: M.A. Carrai, J.-C. Defraigne, J.-F. Di Meglio, D. Freeman, F. Godement, A. Halegua, N. Kassenova, C.-C. Kuik, C. Ljungwall, S. Nanwani, T. Pairault, U. Wissenbach, J. WouterTrade Review'A fascinating collection of detailed and data-driven studies that brings valuable on-the-ground insight into China's Belt and Road Initiative and its global impacts. Sets the standard for future research on this important topic.' --Elizabeth Economy, Council on Foreign Relations, US'This book offers balanced and thoughtful insights on important aspects of China's Belt and Road Initiative, such as its impact on global institutions and governance and the implications for project host countries from Southeast Asia to Africa. The chapters usefully shed light on the complex interplay of economic, strategic, political, and cultural factors that combine to make the Belt and Road both a transformative initiative and an enigma.' --Danny Russel, Asia Society Policy Institute, US'This is an outstanding analysis of the nature of the Chinese Belt and Road Initiative and its implications for global governance, backed up by penetrating and insightful case studies. Its comprehensive and compelling account of the subject is bound to receive widespread readership from the academic and policy-making community.' --Emil J. Kirchner, University of Essex, UKTable of ContentsContents: 1 The Belt and Road Initiative and global governance: by way of introduction 1 Maria Adele Carrai, Jean-Christophe Defraigne and Jan Wouters PART I GEOECONOMICS AND CONNECTIVITY 2 China’s move toward economic and political resilience through the Belt and Road Initiative 21 Christer Ljungwall 3 The Belt and Road Initiative, the economic integration of the Eurasian continent and the international division of labour 34 Jean-Christophe Defraigne 4 Connectivity and gaps: the bridging links and missed links of China’s BRI in Southeast Asia 76 Cheng-Chwee Kuik 5 The Belt and Road Initiative: an interface with multilateral development banks on international cooperation and global governance 96 Suresh Nanwani PART II RATIONALES OF THE BRI FROM CHINA’S PERSPECTIVE 6 The Belt and Road Initiative and the overcapacity connection 120 Duncan Freeman 7 The “internationalization” of the renminbi: toward an “RMBRI”? 139 Jean-François Di Meglio 8 Examining the importance of the New Silk Roads for Africa and for global governance 155 Thierry Pairault PART III CASES FROM THE GROUND 9 Kazakhstan’s adaptation to the Belt and Road Initiative: tracing changes in domestic governance 182 Nargis Kassenova 10 African agency in the Belt and Road Initiative: Kenya’s rail investment as China’s flagship BRI project in Africa 204 Uwe Wissenbach 11 Where is the Belt and Road Initiative taking international labour rights? An examination of worker abuse by Chinese firms in Saipan 225 Aaron Halegua 12 Conclusion: China’s Belt and Road Initiative – imagination and reality 258 François Godement Index 263

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Book SynopsisThis thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.Shahla F. Ali analyses survey data, in-depth case studies and UNCITRAL participation records to provide a comprehensive view of the contributions of Asia Pacific states in the development and refinement of UNCITRAL dispute settlement instruments. She argues that this has corresponded with the emergence of a new form of decentralized transnational legal ordering, advancing representation and legal innovation at both regional and global levels. The book concludes that these findings support the expansion of regional centres in areas with historically limited representation in global law making.Students, scholars and practitioners of transnational dispute resolution and comparative law will find this book to be critical reading. Its identification of best practices and law and policy recommendations will also be of interest to those working in global legislative design and policy.Trade Review'Shahla Ali provides a richly detailed case study that illuminates how soft law is actually created and becomes effective. In doing so, she also shows how transnational dispute resolution norms are developed and how they become a form of legal regulation even in the absence of coercive enforcement power. Thus, this book is a must for scholars of global legal pluralism, practitioners of transnational dispute resolution, and all those interested in understanding in granular detail how international law is created and develops power over time.' -- Paul Schiff Berman, The George Washington University, US'Shahla Ali's excellent new book on the role of UNCITRAL's Regional Centre for Asia and the Pacific in soft law-making shows the importance of rigorous, in-depth empirical analysis to test and support theoretical arguments calling for direct citizen participation to confirm the legitimacy of global norms.' -- Steven Wheatley, Lancaster University Law School, UK'International commercial arbitration has long been subject to criticism for unequal access to and participation in shaping the rules and practices of this transnational legal order. Professor Ali's book breaks new ground on this key issue for the legitimacy of commercial arbitration by persuasively documenting a success story in broadening and deepening Asian state participation. The book shows that the success of UNCITRAL's International Trade Law Regional Centre for Asia and the Pacific may provide a model for other regions.' -- Bryant Garth, UCI Law, US and author of Dealing in Virtue'This book leverages original data and novel methods to show convincingly how a regional soft lawmaking institution can overcome deliberative deficits, asymmetries in lawmaking influence, and failures to appropriate national and local creativity in global trade lawmaking. By imaginatively ''mapping the middle,'' Shahla Ali persuasively demonstrates the integral ways that a regional body can consolidate responsive transnational legal orders (TLOs) by harnessing state and non-state innovation and adaptations to diverse economic and legal contexts. In so doing Ali discovers new variants of TLOs and opens up exciting frontiers for research and theory.' -- Terence Halliday, American Bar Foundation, and co-author of Global Lawmakers: International Organizations in the Crafting of World Markets'This study of the growing role of Asia-Pacific countries in the governance of international dispute resolution combines sophisticated treatments of the relevant legal instruments and theoretical literature with rigorous empirical analyses. It is impossible to ignore this evidence of decentralized transnational legal ordering and how it might be fostered by regional institutions.' -- Kevin E. Davis, NYU School of Law, US'It is rare to have 5 years of our work performance scrutinized academically, and peer-reviewed. I cannot escape a sense of relief after reading this remarkable work by Professor Shahla Ali. Her work shows the importance of having more Regional Offices, not only of UNCITRAL, but, I dare to say, also of the HCCH and UNIDROIT. This book demonstrates how they are key enablers of legal reforms and relevant platforms to ensure equal access to legal knowledge. One of the possible conclusions reading this book, is that such work reduces non-tariff (sometimes invisible) trade barriers, and has tremendous side effects like levelling the playing field for practitioners and legal educators from parts of the world often meriting less attention and resources. For example, without such work, we would have never seen DPR Korea or Laos adopting the CISG and its core value: party autonomy. This book is indispensable for any one engaged with legal reforms based on international cooperation.' -- João Ribeiro-Bidaoui, Permanent Bureau of the Hague Conference on Private International Law (HCCH) and UNCITRAL Regional Centre for Asia and the Pacific (2013-2018)Table of ContentsContents: Preface PART I INTRODUCTION: SOFT LAW FORMATION IN A GLOBAL CONTEXT 1. Development of transnational legal norms 2. Transnational soft law norm formation: challenges and developments in extending representation development of transnational legal norms 3. From the central to the regional: contributions of UNCITRAL and RCAP on soft law-making in transnational dispute resolution 4. Indicators of representation in global governance: assessing regional engagement, representation and diversity through UNCITRAL RCAP PART II RCAP CASE STUDIES: DEVELOPMENT AND EXPANSION OF REGIONAL SOFT LAW 5. Singapore Convention on International Settlement Agreements Resulting from Mediation 6. UNCITRAL Working Group III deliberations on investor–state arbitration reform 7. Transparency rules 8. Online dispute resolution 9. UNCITRAL Model Law on International Commercial Arbitration 10. Conciliation Rules PART III EMPIRICAL FINDINGS ON THE CONTRIBUTION OF RCAP IN EXTENDING REGIONAL REPRESENTATION 11. Extending soft law representation through regional centres:empirical analysis 12. Conclusions Selected Bibliography Index

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Book SynopsisThis textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law Index

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Book SynopsisThis textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law Index

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Book SynopsisThis insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.Trade Review‘Constitutions regulate by what they say, but also by what they do not. Economic constitutionalism is often invisible, and as this volume of essays makes clear, can be utterly consequential. By bringing much needed attention to the phenomenon, the authors collectively have made an important contribution to our understanding of constitutional politics.’ -- Tom Ginsburg, University of Chicago, US‘This book offers a truly comprehensive overview of some of the most fundamental cornerstones of international and European economic constitutionalism. The editors have organized a masterful discussion on the promises and the challenges of the rule-based economic order, offering a powerful lens to make sense of the past and look more clearly into the future.’ -- Michael Ioannidis, Max Planck Institute for Comparative Public Law and International Law, Germany, and European Central Bank‘The failure to conceptualise the social function of “the economic” is an original sin of European legal scholarship which contributed to the takeover of the integration project by a stark neoliberal market utopia. This book is a timely twofold countermove. It defends the constitutional dimension of the economic but then also renews the debate on the legitimacy problématique of economic governance.’ -- Christian Joerges, Centre for European Law and Policy, Bremen and Hertie School of Governance, Berlin, GermanyTable of ContentsContents: Introduction to Economic Constitutionalism in a Turbulent World 1 Achilles Skordas, Lisa Mardikian, and Gábor Halmai PART I RETHINKING CORE TENETS OF ECONOMIC CONSTITUTIONALISM 1 Where’s the ‘e’ in constitution? A European puzzle 11 Neil Walker 2 Imaginary of the imperium of prosperity and economic constitutionalism in the EU 38 Jiř’ Přib‡ň 3 Including a cognitive perspective into a vision of ‘transformative constitutionalism’ 64 Karl-Heinz Ladeur PART II ECONOMIC CONSTITUTIONALISM AND ECONOMIC GOVERNANCE IN THE EU 4 Economic constitutionalism, the challenge of populism and the role of the constituent power 87 Andrew Arato and Gábor Halmai 5 The European Court of Justice and the protection of fundamental rights under the new economic governance of the Eurozone 109 Paul Dermine 6 Varieties of Member State capitalisms and the European economic constitution 136 Márton Varju and Mónika Papp 7 Economic constitutionalism and the constitutionalisation of the internal market 161 Csongor István Nagy 8 Reframing EU citizenship as stakeholder constituency, or… why the Court of Justice got it right on economically inactive EU citizens 183 Lisa Mardikian PART III ECONOMIC CONSTITUTIONALISM AND ECONOMIC FREEDOMS IN THE GLOBALISED ECONOMY 9 Can multilevel economic constitutionalism restrain trade protectionism and power politics? 222 Ernst-Ulrich Petersmann 10 Market freedoms and ‘democratically sound’ re-embedding of markets? 250 Carola Glinski 11 Why cosmopolitan pluralist governance need not subvert democracy 281 Paul Schiff Berman 12 International judicial authority, social systems and geoeconomics 298 Achilles Skordas Index

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