Public international law: economic and trade Books
Edward Elgar Publishing Ltd Rules of Origin for Services: From the Early Days
Book SynopsisIn an era where services play an increasingly vital role in servicified global value chains, this insightful book provides a comprehensive study of legal aspects of rules of origin for services and their importance in international trade. The author identifies and examines the defects in the current approach to rules of origin for services through an astute analysis of these rules in the General Agreement on Trade in Services and in preferential trade agreements. In addition, by asserting that trade in goods and trade in services cannot be separated, the author provides a comparative analysis of rules of origin in these two fields, offering a better understanding of their boundaries and connections. Paving the way for further development, the author concludes that certain aspects of rules of origin for goods, such as the product-based approach, may be repurposed for services. Addressing an area of rule making insufficiently explored to date, this book will prove important reading for students and scholars of international trade, economics, and governance. The focus on new patterns of international trade will also benefit trade experts, policy makers and businesses.Trade Review'The book not only provides insights into rules of origin for services, but also makes a comparative analysis with rules of origin for goods. Considering the crucial role of services in global value chains and emerging trends in international trade and production, understanding rules of origin for services will become important to understand rules of origin for goods.' --Giorgio Sacerdoti, Emeritus Professor of International and European Law, Bocconi University, Italy and former Member and Chairman of the WTO Appellate Body'This thoroughly-researched and forward-looking publication fills in a major research gap and will provide an extremely useful resource for scholars, negotiators and trade practitioners interested in defining rules of origin for services. Considering the growing and central role of services in global value chains, the origin of service providers will undoubtedly become a major focus of attention in the negotiation of international preferential trade agreements and international trade disputes.' --Darlan Marti, Secretary, WTO Committee on Rules of OriginTable of ContentsContents: Preface 1. Services in global value chains and new patterns in global services trade 2. The concept and aspects of rules of origin for services 3. A critique on the GATS approach to rules of origin for services 4. Rules of origin for goods and services – a comparative analysis 5. The way forward: the prospect of a ‘product-based’ approach Conclusion Bibliography Index
£96.69
Edward Elgar Publishing Ltd Centralising Public Procurement: The Approach of
Book SynopsisThis timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK. Through comprehensive comparative analysis, this book investigates competition law and SMEs, economic and management perspectives, and centralised public purchasing during the COVID-19 pandemic within the sphere of CPBs and joint procurement. Chapters explore the use of procurement techniques and electronic instruments by CPBs and the liability and remedies perspectives of CPBs and their users.Providing a complete overview of CPBs structure in different Member States and the aspects of joint procurements, Centralising Public Procurement will be of interest to students and scholars of European and commercial law. It also offers important insights for CPBs themselves, practitioners and policy-makers, as well as contracting authorities using CPBs in the different Member States.Trade Review‘An in-depth analysis of a highly topical issue in public procurement law. A valuable book both for its broad comparative coverage and for its theoretical approaches to the main advantages and difficulties of centralised public procurement.’ -- Jean-Bernard Auby, SciencesPo, FranceTable of ContentsContents: Foreword by Roberto Caranta and Steen Treumer 1. Introduction Mario Comba and Carina Risvig Hamer 2. EU perspective on CPBs Mario Comba and Carina Risvig Hamer 3. CPBs in the European legal space: an unresolved misconception Mario Comba 4. A comparative view of the use of procurement techniques and electronic instruments by central purchasing bodies Roxana Vornicu and Marta Andhov 5. Joint Procurement: An Economics and Management Perspectives Fredo Schotanus 6. Public Procurement by Central Purchasing Bodies. Competition and SMEs: toward a more dynamic model? Albert Sanchez Graells 7. CPBs and their users - Shared liability, contract management and remedies Carina Risvig Hamer 8. Public purchasing in EU during the COVID-19 pandemic Judy Yueh Ling Song Part II: National chapters 9. Central Purchasing Bodies (and other forms of joint procurement) - Belgium Steven Van Garsse 10. Central Purchasing Bodies (CPBs) in Denmark Carina Risvig Hamer 11. Central Purchasing Bodies in Finland Kirsi-Maria Halonen 12. Central Purchasing Bodies (CPBs) in France Fanette Akoka and François Lichère 13. Country Report on Germany Martin Burgi and Christoph Krönke 14. Centralised Procurement in the Netherlands: A mixture of procurement autonomy, decentralization & diversified collaborative purchasing W.A. Janssen and M.A.J. Stuijts 15. Central Purchasing Bodies in Italy: Reluctance and Challenges Gabriella M. Racca 16. Central Purchasing Bodies: the Case of Poland Paweł Nowicki 17. Centralisation and Central Purchasing Bodies (CPBs) in Portugal Pedro Cerqueira Gomes 18. Central Purchasing Bodies in Romania Roxana Vornicu and Dacian Dragos, 19. Central Purchasing Bodies in Spain Patricia Valcárcel Fernández 20. Central Purchasing Bodies in Sweden Åsa Edman 21. Central Purchasing Bodies in United Kingdom Luke Butler, Alice Manzini and Martin Trybus Index
£126.00
Edward Elgar Publishing Ltd The Law and Practice of Fine Art, Jewellery and
Book SynopsisThis comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.Trade Review'This is a masterly command of the insurance of fine art and jewellery. It is comprehensive, easy to navigate and with excellent case studies which make the whole very readable. It will become compulsory study for a serious underwriter, broker, risk manager or lawyers who advise on insurance although hopefully there will be fewer legal disputes if the book is read in advance.' -- Julian Radcliffe, Chairman, The Art Loss Register, London, UK‘Finally! How exciting to now have a comprehensive resource to put all the esoteric features of the global FAS world into proper historic and technical perspective. What a fantastic resource for those of us in the industry as well as those looking to enter in future.’ -- Jennifer M. Schipf, Global Chief Underwriting Officer, Fine Art & Specie, AXA XLTable of ContentsContents: Preface PART I THE FINE ART, JEWELLERY AND SPECIE INSURANCE MARKET 1. The Fine Art, Jewellery and Specie (FAJS insurance market PART II ART AND PRIVATE JEWELLERY 2. Art and private jewellery 3. Art and private jewellery values 4. Natural perils 5. Terrorism, political and cyber risks 6. Art theft 7. Damage and partial loss 8. Defective title, lenders’ single interest and residual value insurance 9. Professional liability 10. Museums and associated risks 11. Exhibition insurance 12. Art dealers and auctioneers 13. Private risks and high net worth insurance 14. Art storage 15. Art transit 16. Other art risks PART III JEWELLERS BLOCK AND SPECIE 17. Jewellers block 18. Jewellers block: off-premises risks 19. Cash 20. Specie 21. Fidelity and mysterious disappearance PART IV GENERAL REMARKS 22. Know your client, money laundering and ethics 23. Conclusion: the future Glossary Index
£121.00
Edward Elgar Publishing Ltd The Law and Practice of Fine Art, Jewellery and
Book SynopsisThis comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.Trade Review'This is a masterly command of the insurance of fine art and jewellery. It is comprehensive, easy to navigate and with excellent case studies which make the whole very readable. It will become compulsory study for a serious underwriter, broker, risk manager or lawyers who advise on insurance although hopefully there will be fewer legal disputes if the book is read in advance.' -- Julian Radcliffe, Chairman, The Art Loss Register, London, UK‘Finally! How exciting to now have a comprehensive resource to put all the esoteric features of the global FAS world into proper historic and technical perspective. What a fantastic resource for those of us in the industry as well as those looking to enter in future.’ -- Jennifer M. Schipf, Global Chief Underwriting Officer, Fine Art & Specie, AXA XLTable of ContentsContents: Preface PART I THE FINE ART, JEWELLERY AND SPECIE INSURANCE MARKET 1. The Fine Art, Jewellery and Specie (FAJS insurance market PART II ART AND PRIVATE JEWELLERY 2. Art and private jewellery 3. Art and private jewellery values 4. Natural perils 5. Terrorism, political and cyber risks 6. Art theft 7. Damage and partial loss 8. Defective title, lenders’ single interest and residual value insurance 9. Professional liability 10. Museums and associated risks 11. Exhibition insurance 12. Art dealers and auctioneers 13. Private risks and high net worth insurance 14. Art storage 15. Art transit 16. Other art risks PART III JEWELLERS BLOCK AND SPECIE 17. Jewellers block 18. Jewellers block: off-premises risks 19. Cash 20. Specie 21. Fidelity and mysterious disappearance PART IV GENERAL REMARKS 22. Know your client, money laundering and ethics 23. Conclusion: the future Glossary Index
£77.85
Edward Elgar Publishing Ltd The Law and Economics of WTO Law: A Comparison
Book SynopsisThis insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law.Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.Trade Review‘This thought-provoking work puts forwards a strong plea for a holistic “law and economics”-inspired comparative evaluation of WTO law and EU competition law. Based on an extensive analysis of case law and literature, the normative conclusions of this work are a must-read for everyone interested in WTO and EU law as well as those who wish to examine how its research results can be extrapolated to other fields, such as investment law, where similar issues are at play.’Table of ContentsContents: PART I PREMISE, METHOD, AND STRUCTURE 1. Complexity in international trade and WTO law’s legitimacy crisis PART II DEFINING THE RELEVANT MARKET AND ‘LIKENESS’ 2. Relevant market definition in EU competition law 3. Relevant market definition in WTO law 4. Relevant market in EU competition law and WTO law PART III PROVING INFRINGEMENTS: THEORIES OF HARM AND EFFECT 5. Theories of harm and the effects-based approach in EU competition law 6. Infringements in WTO law, theories of harm, and effects 7. Theories of harm and effects in EU competition law and WTO law PART IV QUANTIFYING HARM: REMEDIES AND SANCTIONS 8. Quantification of remedies and sanctions in EU competition law 9. Remedies and the quantification of harm in WTO law 10. EU competition law sanctions and remedies and WTO law countermeasures PART V NORMATIVE CONCLUSIONS AND CONCLUDING REMARKS 11. Normative conclusions and suggestions 12. Solving WTO law’s legitimacy crisis Index
£111.00
Edward Elgar Publishing Ltd Contract Changes: The Dark Side of EU Procurement
Book SynopsisContract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.Highlighting the discord between the transparency of the award of a public contract and the transparency of its implementation, the book interprets the execution phase of procurement contracts as the dark side of public procurement. Considering unforeseen circumstances, the change of the identity of the contractor, non-compliance and remedies, this book provides a unique insight into the challenges of interpretation and application of contract modification rules. It concludes that, whilst the flexibility to make contract amendments is required in some circumstances, the grounding principles of public procurement law must be considered and applied in these instances.This original book will be of interest to researchers who are working in public procurement, European and comparative law. It will also be valuable to lawyers, contractors and policymakers involved with public procurement contracts, contracting authorities and advising private companies.Trade Review‘The execution phase of public contracts is subject to public procurement law and principles, but it is non-transparent compared with the pre-award stages of public contracting. With its comparative study of procurement contract execution in several EU countries this book provides a highly valuable insight into this post-award area of public procurement law.’ -- Sune Troels Poulsen, Attorney at Sune Troels Poulsen Law FirmTable of ContentsContents: Foreword xi 1 Introduction: why the ‘Dark Side of procurement’? 1 Dacian C. Dragos and Bogdana Neamtu 2 Fundamentals of contract modifications in EU procurement law 17 Kirsi-Maria Halonen 3 Change of the identity of the contractual partner 35 Nicolas Gabayet 4 Non-compliance with government contract terms: a comparative view on procurement regulation and contractual remedies 48 Désirée Klingler and Pedro Telles 5 Unforeseen circumstances that justify changes to public contracts 68 Mari Ann Simovart 6 Modification of contracts in Denmark 96 Carina Risvig Hamer 7 Public contract modifications in England, Wales, and Northern Ireland 109 Pedro Telles 8 Contract changes in Finland 125 Merja Kortesuo and Pilvi Takala 9 Contract changes in France 140 François Lichère and Valentin Lamy 10 Contract changes in Germany and Austria 154 Christoph Krönke and Valentina Neubauer 11 Contract changes in Italy 178 Benedetta Biancardi, Roberto Caranta and Paolo Patrito 12 Contract modifications in Poland – Much ado about nothing? 194 Piotr Bogdanowicz 13 Contract changes in the Romanian law 206 Daniela Cimpean, Dacian C. Dragos and Bogdana Neamtu 14 Contract changes in the Spanish system on public procurement 220 Patricia Valcárcel Fernández 15 Contract modifications in the Netherlands: understanding the law, jurisprudence and practice 234 Erik Plas and Willem A. Janssen Index 249
£105.00
Edward Elgar Publishing Ltd EU Trade Law
Book SynopsisThis comprehensive book provides a thorough analytical overview of the European Union's existing law and policy in the field of international trade. Considering the history and context of the law's evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU's present role in the World Trade Organization (WTO) framework. Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States. Additional thought is given to the role of major EU institutions and their balance within EU trade law and policy, and the tension between efficiency and accountability in decision-making processes in EU trade policy is further considered. Students and scholars working in the field of European and international trade law and policy, and international economic law and policy more generally, will find this a clear and useful resource. Practitioners seeking a clear and up-to-date insight into the area will also appreciate this important work.Trade Review'This is an excellent contribution on an important area of EU law that comes at a particularly opportune time. It provides a clear, comprehensive and well-researched analysis of EU trade policy including the EU's relations with the WTO. It combines theoretical analysis with a clear exposition of the law and will be of great use both to EU and trade lawyers.' --Takis Tridimas, King's College London, UKTable of ContentsContents: 1. Introduction Part I. Substantive Aspects 2. The European Communities’ external action 3. The European Union in the GATT/World Trade Organization 4. The Nice Treaty 5. The Constitutional and Lisbon Treaties Part II. Procedural Aspects 6. Mixed agreements 7. Negotiation of trade agreements 8. Conclusion and ratification of trade agreements 9. Implementation and dispute settlement of trade agreements 10. Enforcement of trade agreements 11. Efficiency v. accountability 12. Conclusion Index
£38.95
Edward Elgar Publishing Ltd Navigating the Free Trade–Fair Trade Fault-Lines
Book SynopsisIs Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity?These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China.Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.Trade Review'A broad sweep with deep insights. Michael Trebilcock at his best. From the ''dark past'' of trade history, to an overview of today's most notable scholarship on trade. From traditional topics like trade preferences for developing countries, to trade and the COVID pandemic and US-China trade relations. A great combination of neutrally describing the hot button issues in international trade, with offering personal opinions at each critical juncture.' -- Joost Pauwelyn, Graduate Institute of International and Development Studies, Geneva, Switzerland
£75.00
Edward Elgar Publishing Ltd The Elgar Companion to the World Trade
Book SynopsisThis comprehensive Companion provides an extensive guide to understanding the World Trade Organization (WTO) and its impact on the global economy. Addressing the challenges facing the WTO amidst a rapidly evolving landscape, the book delves into the diverse trade policies of countries and regions, providing rare insights into their impact on the global trade governance frameworks. Featuring insightful contributions from interdisciplinary experts, this essential Companion will aid readers in comprehending the WTO’s functions and its significance in international trade and broader economic policies. Chapters explore the influence of regional trade agreements on countries’ trade agendas, the WTO’s critical role in fostering free and fair trade, and the shifting dynamics of global economic governance. The book further highlights the importance of dispute resolution, regional integration, and coalitions for effective trade policy making. Highlighting the need for increased transparency, flexibility, and adaptability to ensure the WTO’s continued relevance in global economic governance, this Companion will be indispensable for scholars and students of institutional economics, international relations, law and politics, and regulation and governance. It will also be beneficial for trade lawyers, experts, and professionals who work in international trade and commerce, as well as NGOs and civil society organizations.Trade Review‘This Companion is a superb, innovative contribution to our knowledge and practice of international trade. It dives into four key challenges: digitalization, trade facilitation, pacification, and regional and national perspectives. Here, at last, is real thinking outside the box! It is essential reading for everyone interested in the future of international trade and the role of the WTO.’ -- Francis Snyder, Peking University, China‘At a time when geopolitical tensions are reshaping global trade, this volume reminds us of why the WTO still matters and why revamping it will prove difficult. The editors of this Companion have assembled an impressive collection of renowned scholars and policymakers to offer detailed explanations and thought-provoking ideas. Anyone interested in contemplating how the WTO might deal with digitization, climate change, and other emergent challenges will benefit from turning to this Companion as a key reference.’ -- Mark Wu, Harvard University, US‘The Elgar Companion to the World Trade Organization, edited by Julien Chaisse and Cristián Rodríguez-Chiffelle, brilliantly dissects the multifaceted and evolving role of the WTO in a rapidly changing economic and geopolitical landscape. Its contributions to digitalisation, sustainability, and new trade politics offer incisive insights and fresh perspectives. This book is a must-read for the next generation of WTO scholars shaping the future of trade policy.’ -- Arancha González, Dean, Paris School of International Affairs, Sciences Po, France, and former Minister of Foreign Affairs of Spain‘This innovative Companion offers convincing analyses on the law, economics, and politics of WTO law and on the challenges posed to the international trade regime originating in major trends such as digitilization, facilitation, pacification and regional perspectives.’ -- Armin Steinbach, HEC Paris, France‘The Elgar Companion to the World Trade Organization by Julien Chaisse and Cristián Rodríguez-Chiffelle is a work of encyclopaedic breadth which will offer both scholars and practitioners valuable assistance in obtaining an overview of the rapidly-transforming multilateral trade regime at critical times. A must to read.’ -- Alberto Alemanno, HEC Paris, FranceTable of ContentsContents: Foreword: new thinking for renewed global trade cooperation xxxiii Anabel González Foreword: building a new engine for the multilateral trading system xxxvi Marion Jansen 1 WTO’s legacy, roadblocks, and future in global economic regulation: an introduction 1 Julien Chaisse and Cristián Rodríguez-Chiffelle PART I DIGITALIZATION 2 Seizing artificial intelligence’s trade promise: the role of international agreements 22 David Weller and Nicholas Bramble 3 Cybersecurity and trade governance 35 Shin-yi Peng 4 The liberalization of digital trade by the WTO: opportunities and challenges for SMEs 51 by David Collins 5 Electronic payments and the WTO 69 Usman Ahmed and Martín Molinuevo 6 Trade digitalization and taxation 90 Irma Johanna Mosquera Valderrama 7 Digital transformation of public procurement: WTO’s historical and ongoing role 108 Jędrzej Górski 8 Trade and competition policy 151 Aditi Sara Verghese 9 WTO and intellectual property law in the creative economy 169 Rostam J. Neuwirth 10 Digitalization of special economic zones in China 186 Jie (Jeanne) Huang 11 Trade digitalisation in the APEC region 207 Peter Lovelock and Eduardo Pedrosa 12 Balancing commitments to cross-border data flows with domestic regulation 223 Joshua P. Meltzer 13 International trade rule-making for the digital economy 243 Simon B. C. Lacey 14 The legal infrastructure for the digital transformation: the UNCITRAL framework 257 Anna Joubin-Bret and Alexander Kunzelmann PART II FACILITATION AND ESG 15 Public-private partnerships for trade facilitation 271 Philippe Isler 16 The WTO approach to trade facilitation in goods and services 287 Tomohiko Kobayashi 17 Investment facilitation at the WTO: What’s old? What’s new? What’s missing? 301 Rodrigo Polanco and Cristián Rodríguez-Chiffelle 18 Forging the trade-development nexus in the WTO and FTAs 325 Pasha L. Hsieh 19 Trade and development for a more inclusive and sustainable future 341 Jennifer Blanke and Asmita Parshotam 20 Services domestic regulation in the WTO 361 Jaime Coghi and Markus Jelitto 21 Revitalizing TRIPs as global norm-setter for geographical indications 377 Danny Friedmann 22 The new politics of trade: trade in value added and the made in the world initiative 397 Hubert Escaith 23 Gender social norms: new trade barriers addressed by policy 416 Anoush der Boghossian 24 Trade and environment 435 Nathalie Bernasconi-Osterwalder, Soledad Leal Campos and Sofia Baliño 25 Trade and climate change 457 Kimberley Botwright and Jeremy Stewart 26 Energy in WTO law and policy 477 Damilola S. Olawuyi and Elena I. Athwal 27 From social clause to policy space: the trade union narrative on the WTO 493 Pierre Habbard PART III PACIFICATION 28 Evaluating the interaction between and compatibility of the global anti-base erosion proposal with international trade rules 506 Jeffrey Owens and Joy W. Ndubai 29 Trade enforcement tools and international taxation: a digital services tax case study 535 Stephen E. Shay 30 Addressing environmentally harmful subsidies using trade rules: a historical perspective 551 Ronald Steenblik 31 How do political relations affect international trade? 574 Gregory Whitten 32 The new dimension of human rights in U.S. trade policy 599 Joel Slawotsky 33 The WTO new national security challenge 619 Georgios Dimitropoulos 34 Nearshoring and regional value chains: are they the new normal? 638 Miguel Braun, Pablo M. García and Daiana Fernández Molero 35 A free trade area of the Asia-Pacific for the Asian century 660 Mark Feldman 36 New rules for a challenged trading system: the role of safeguards 676 Robert Z. Lawrence 37 The future of dispute resolution and arbitration at WTO 691 Petros C. Mavroidis 38 Trade sanctions as a tool of war and peace: examining the EU’s sanctions regime in the light of Russia’s invasion of Ukraine 707 Martin Steinfeld 39 Trade for peace: the past, present, and future 730 Alan Wm. Wolff PART IV COUNTRY AND REGIONAL PERSPECTIVES 40 The EU and the WTO 748 Christian Freudlsperger and Sophie Meunier 41 The United States and the WTO: muddling through a trade war 760 Elli Louka 42 China and the WTO: what happens after a honeymoon 772 Sungjin Kang 43 India at the WTO: torn between multilateralism and domestic Interests? 782 Debashis Chakraborty 44 Brazil in the WTO 795 Roberto Azevêdo and Tatiana Prazeres 45 Russia and the WTO: a time to throw stones or to gather stones? 805 Ilia Rachkov and Elizaveta Rachkova 46 Africa and WTO: maximizing the benefits of trade multilaterally and regionally 824 Mariam Soumaré and Kwabena Bandoh 47 WTO, quo vadis? A Latin American perspective 847 Shunko Rojas and Cristián Rodríguez-Chiffelle 48 Southeast Asia and the World Trade Organization 856 Intan Murnira Ramli, Edo Setyadi and Michelle Chandra Kasih 49 WTO law and policy in the Pacific Island nations: the case of Fiji 867 Muhammad Faliq Abdul Razak and Sufian Jusoh 50 Least developed countries and the World Trade Organization: supporting graduation and reducing marginalisation in global trade 877 Daniel Gay and Jodie Keane Index 887
£325.00
Edward Elgar Publishing Ltd Alternative Development Finance and Parallel
Book SynopsisThis insightful book examines the impact of two competing visions of Asian-Pacific economic growth paths and development governance. It discusses law, development and finance in the context of the Indo-Pacific Strategy versus the Belt and Road Initiative (BRI), whilst also comparing parallel development financing systems.Jin Sheng reflects on and connects a series of issues of global significance, such as the economic Cold War, global debt, industrialisation and development in the developing world, and the changing international economic order. In so doing the author posits that the BRI’s ultimate objective is to export China’s development model, which is characterised by a focus on exports, experimentalism, and oversupply of currency. The book also critically examines China’s ambition to dominate the international economic order and set up its own favoured international rules.Alternative Development Finance and Parallel Development Strategies in the Asia-Pacific will be an important read for researchers and policy makers in the fields of law, development and finance in the Asia-Pacific region.Table of ContentsContents: 1. Infrastructure matters 2. Law, development, and finance 3. The One Belt One Road (obor) initiative: A global “great leap forward” or a “great leap outward”? 4. Asia’s two financial hubs and sovereign funds 5. Establishment and governance of Asian Infrastructure Investment Bank: Alternative development finance? 6. Established Bretton Woods IFIs vs emerging AIIB affiliates 7. Racing for development hegemony 8. Conclusion: The new Cold War has started Index
£90.00
Edward Elgar Publishing Ltd An Introduction to the Law of Economic and
Book SynopsisThis incisive book is an accessible guide to the laws and policies relating to economic and monetary union (EMU). Providing a rich, multidisciplinary analysis, it combines historical, legal and economic perspectives to offer a detailed understanding of how EMU has developed since its inception and how it works in practice today.Alberto Saravalle begins with an overview of the history of EMU, alongside a theoretical analysis of its regulatory framework and development. He then discusses the events of the European sovereign debt crisis, examining the measures taken by EU institutions such as the European Central Bank, as well as the responses of the Member States and the impact of economic policies they adopted as a result. Finally, he analyses recent proposed reforms to EMU and its possible future evolution, including a discussion of the effects of the Covid-19 pandemic on Member States' willingness to participate in further reform and integration.This book will be a valuable reference for those teaching and studying advanced courses on EU law, as well as courses that cover the economic history of EU integration. It will also be useful to practitioners, government officials and policy-makers wishing to familiarise themselves with the complex functioning of EMU.Trade Review'I learned a lot reading this very comprehensive book. I highly recommend it to anyone wanting to (better) understand the complex legal order on which EMU is based.' -- André Sapir, Université Libre de Bruxelles, BelgiumTable of ContentsContents: Introduction 1. Economic and monetary union 2. The Stability and Growth Pact and the other rules of fiscal surveillance 3. The Fiscal Compact 4. Financial assistance and crisis resolution mechanisms 5. The ECB’s non-standard measures 6. The sovereign debt crisis 7. The Italian predicament 8. Austerity policies before national and EU courts 9. Eurexit 10. Reform projects 11. The impact of the Covid-19 outbreak Index
£90.00
Edward Elgar Publishing Ltd An Introduction to the United
Book SynopsisThe United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to govern most economic relationships in North America, including the more than $1.3 trillion in annual regional trade in goods and services, for the foreseeable future. USMCA preserves the bulk of the NAFTA structures that permit North American manufacturers to compete effectively with their European and Asian counterparts in North American and foreign markets. Once in effect, USMCA should largely resolve the chilling effect on investment and new hiring generated by three years of uncertainty over NAFTA's future. This book provides a detailed analysis and critique of the provisions of the USMCA and the USMCA's relation to NAFTA. It is designed to assist lawyers and non-lawyers alike, including law, economics and public policy scholars, business professionals and governmental officials who require an understanding of one of the worlds' most economically and politically significant regional trade agreements.Trade Review'This timely commentary on the USMCA is comprehensive and detailed - and yet straightforward to read. Thanks to his decades of experience, Gantz is able to explain not only how the USMCA differs from NAFTA, but also how these changes reflect the policy objectives of its parties. Gantz has written an invaluable guide for trade law specialists and non-specialists alike.' --Lorand Bartels, Cambridge University, UK'The world's leading expert on free trade agreements, Professor David Gantz, has produced yet another world-class book on this subject. Through careful scholarly research, he offers the international trade community a thorough, critical analysis of NAFTA 2.0, that is, the USMCA. What is the same? What is different? What explains the continuities and changes? Are they positive or negative? In his characteristically clear, jargon-free style, Professor Gantz addresses these questions, and more, across 11 chapters covering market access, special sectors (energy, agriculture, textiles and apparel, IP, and services), labor and the environment, and dispute settlement. Integrating his five decades of unique practical experience, his new work is a special - and indispensable - gem.' --Raj Bhala, University of Kansas Law School, US and Dentons US LLPTable of ContentsContents: Preface 1. Overview of “NAFTA 2.0” 2. Tariffs, Customs and Rules of Origin 3. Settlement of Disputes 4. Labor Rights and Environmental Protection 5. Energy Production and Policies 6. Textiles, Apparel and Agriculture 7. Intellectual property, Services and Digital Trade 8. Updating NAFTA Drawing on the TPP 9. Carryover Provisions from NAFTA 10. Other Significant USMCA Innovations 11. USMCA’s Future in Context Bibliography Index
£27.95
Edward Elgar Publishing Ltd International Exchange of Information in Tax
Book SynopsisIn this thoroughly revised third edition of what has become the standard work on information exchange in tax matters, Xavier Oberson provides an authoritative overview of the instruments and models used to exchange information on an international level. Addressing the latest developments in the movement towards increased global transparency in tax matters, this updated edition also includes new rules of information exchanges and reporting on digital platforms, crypto assets and crypto currencies.Key Features: Analysis of the OECD Common Reporting Standard of automatic exchange of information Discussion on a range of international instruments and models including: double taxation treaties, TIEAs, the OECD multinational convention, European Directives, FATCA and the Swiss Rubik model Examination of the new rules for information reporting to digital platforms and new reporting obligations for crypto-assets and e-money of the OECD Base Erosion and Profit Shifting (BEPS) Programme Lawyers, tax specialists and professionals in banking and finance looking to further their knowledge and gain insights into new developments in digital platforms and crypto currencies will find this book to be an invaluable reference. Students and academics in law, tax and economics will appreciate the clear overview and find this an essential resource.Trade Review‘Oberson’s book clearly describes all the legal instruments governing exchange of information. It offers a historical perspective on administrative cooperation and delves into both technological developments and public policy issues. A must-have for any international tax lawyer wishing to understand the tax challenges of a globalized economy and legal system.’ -- Daniel Gutmann, Sorbonne Law School, CMS Francis Lefebvre, France‘Oberson’s book has become the indispensable volume on exchange of information for practitioners, tax policy makers, and academics. The book cogently describes the recent evolution of exchange of information and the dramatic changes that ensued from the enactment of FATCA and the adoption of the Common Reporting Standard for automatic exchange of information. The new edition addresses important cutting edge topics like crypto assets. It also raises the increasingly crucial question of how to balance tax collection with taxpayer rights. This book is an outstanding contribution to knowledge and a crucial guide for future action.’ -- Reuven Aviyonah, University of Michigan Law School, US‘With his Third Edition of International Exchange of Information in Tax Matters; Towards Global Transparency, Xavier Oberson continues his master class on this intricate and important subject, with comprehensive coverage, exhaustive research, and cogent commentary that will be required reading for years to come.’ -- David Rosenbloom, Caplin & Drysdale, Washington DC, US‘Professor Oberson’s new edition of his book on international exchange of information in tax matters provides an insightful and detailed analysis of one of the key recent developments in international taxation. As such, it definitively is a “must read” for tax students and international tax practitioners alike.’ -- Shelby du Pasquier, Lenz & Staehelin, SwitzerlandTable of ContentsContents: 1. Introduction to International Exchange of Information in Tax Matters 2. Historical development of international exchange of information rules 3. Exchange of information under Double Taxation Conventions 4. A practical example: administrative assistance and exchange of information between the United States and Switzerland 5. Assistance in the collection of taxes under DTC 6. Tax Information Exchange Agreements (TIEAs) 7. The OECD Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) 8. The EU Directives 9. The so-called Swiss ‘Rubik’ agreements 10. The Foreign Account Tax Compliance Act (FATCA) 11. Towards automatic exchange of information 12. Automatic exchange of information (AEOI): the OECD Common Reporting Standard 13. Solving the past 14. The impact of the OECD Base Erosion Profit Shifting (BEPS) Programme 15. Exchange of information on digital platforms 16. Exchange of information on crypto-assets and crypto-currencies 17. Legal protection of the taxpayer 18. Conclusion to International Exchange of Information in Tax Matters General bibliography Index
£175.00
Edward Elgar Publishing Ltd Art Law and the Business of Art
Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index
£159.97
Edward Elgar Publishing Ltd Art Law and the Business of Art
Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index
£75.00
Edward Elgar Publishing Ltd Trade Regulation and Policy in the EU Internal
Book SynopsisExploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting.The book analyses the directive’s contribution to the fundamental freedoms and to the completion of the internal market, with particular focus on the remit of EU and national regulatory autonomy and general interests protection in the context of positive harmonisation. Through the lens of the directive, the study evaluates the status of EU integration and appraises the resilience of the internal market regulatory paradigm, including the interaction between primary and secondary law and the effectiveness of administrative law reinforcement, for the governance of the modern economy, as well as exploring more broadly the import and international influence of EU trade regulation. The book considers a variety of policy themes, including the relationship between national autonomy and supranational competence; the interaction of economic advancement and related general interests, such as environmental and consumer protection; market harmonisation techniques and enforcement challenges, along with potential mechanisms for regulatory enhancement.Discussing a central legal and economic framework for the regulation of trade in services, from regulatory, constitutional and policy perspectives, this book will be of significant interest to students, academics, practitioners and officials on European Union policy and law, as well as to anyone interested more generally in business regulation in evolving technological contexts, international trade law and comparative market integration themes.Trade Review‘Understanding EU internal market law today requires a lot more than just examining the market freedoms through its rationale of negative integration, as they are contained in the EU Treaties. Rather, supplementing this is positive integration, which plays an increasingly important role in complementing the freedoms. Together, negative and positive integration now play an interrelated role in ensuring cross-border access to the provision of services, and the receipt of services. In this book, Maletic’s thorough analysis of the Services Directive clearly demonstrates this, and provides further insight into what the future holds as the EU’s internal market continues to evolve.’ -- Graham Butler, Aarhus University, DenmarkTable of ContentsContents: 1. Introduction to internal market trade regulation and policy through the Services Directive 2. The Services Directive background and the negative integration context 3. The Services Directive from a regulatory perspective – thesubstantive framework established 4. The Services Directive from a constitutional perspective – the relationship with the treaty provisions on the fundamental freedoms 5. The Services Directive from a policy perspective – expectations and challenges of positive harmonisation 6. Assessment of the regime established by the Services Directive and suggestions for reform 7. The import of the Services Directive for the internal market, for better regulation and for the EU’s broader regulatory impact References Index
£88.00
Edward Elgar Publishing Safeguard Measures in World Trade
Book SynopsisExamining the rules laid down by the World Trade Organization (WTO), Yong-Shik Lee covers key challenges in the interpretation and application of safeguard measures in this updated fourth edition. With new discussions on what determines safeguard measures, this book presents unique proposals for extensive regulatory reform.
£172.90
Edward Elgar Publishing Ltd The Impact of the Damages Directive on the
Book SynopsisThis cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive’s main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims.Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.Trade Review‘This high-quality book is appreciated for its clear and justified methodology, its in-depth analyses, and its concrete proposals for improvement. The author accompanies the reader with numerous examples and offers a rich appendix to complement his comments. A book to be recommended without hesitation!’ -- Agne`s Reinhold, Concurrences‘The construction of an effective enforcement regime that compensates the victims of EU competition law infringements continues to present a multifaceted challenge for policy-makers and legislatures. Indeed, despite the adoption of the EU Directive on antitrust damages, how that specific challenge can be overcome in Europe is as of yet unresolved. Through critical evaluation of the applicable EU law, Philipp Kirst’s well-researched and carefully-argued book helpfully scrutinises key aspects of the challenge at issue. It presents numerous perceptive, insightful analyses that, along with the recommendations advanced, deserve to be very closely examined by stakeholders. It is a welcome, important and convincing addition to the literature.’ -- Peter Whelan, University of Leeds, UKTable of ContentsContents: Preface 1. Introduction to the EU enforcement system and the goals of the Damages Directive PART I THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE: A NEW LEVEL PLAYING FIELD IN EUROPE? 2. The implementation of the Damages Directive: harmonised rules on competition damages litigation in Europe? PART II CONTRIBUTION AMONG JOINT INFRINGERS OF COMPETITION LAW IN LIGHT OF THE DAMAGES DIRECTIVE 3. Lessons from the US: the no-contribution rule and its inapplicability in Europe 4. Getting contribution right: the allocation of liability among joint infringers of EU competition law based on relative responsibility 5. The quantification of the role in the cartel for the relative responsibility of joint infringers of EU competition law PART III THE IMPACT OF THE DAMAGES DIRECTIVE ON THE EU LENIENCY PROGRAMME 6. A missed opportunity to reconcile compensation of victims and leniency incentives PART IV THE NEED TO RECONCILE FINES AND DAMAGES FOLLOWING THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE 7. A new approach to the calculation of competition fines to reconcile fines and damages 8. Concluding remarks Index
£120.00
Edward Elgar Publishing Ltd Intellectual Property, Free Trade Agreements and
Book SynopsisExamining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK’s “new” trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK’s current free trade agreements.This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.Trade Review‘The relationship between trade agreements and the implementation of intellectual property laws domestically and regionally is complex. With the UK leaving the EU the legal maze of international obligations, and influences of EU law in the UK and UK law to the EU, is a new field. This cutting-edge book illuminates this topic in an accessible way for experts, students and policymakers.’ -- Susy Frankel, Victoria University of Wellington, New Zealand‘This book examines a subject which is of increasing significance for the IP laws of all countries, which is the impact of FTAs on those laws. This is of particular significance for the UK where European IP rules will be replaced by those in FTAs. Phillip Johnson is the first scholar to consider this subject and his book makes a very important contribution to our understanding to the general subject of IP chapters in FTAs, as well as to the specific subject of the enduring influence in the UK of the EUs IP laws.’ -- Michael Blakeney, University of Western AustraliaTable of ContentsContents: PART I ACQUIS FROM ALL SIDES 1. Introduction: taking back control? 2. Interpretation of trade agreements: reading up and down 3. Principles of non-discrimination: broadening the effect of free trade agreements PART II THE BREADTH OF PROTECTION 4. Copyright and related rights 5. Trade marks, unfair competition and geographical indications 6. Designs and semi-conductor typographies 7. Patents, plant varieties and trade secrets 8. Enforcement and immunities 9. Exhaustion, border control and technology transfer 10. Conclusion: being locked in PART III LOCKED-IN LAWS Bibliography Index
£104.00
Edward Elgar Publishing Ltd Export Restrictions and Export Controls: From WTO
Book SynopsisRepresenting a continuation of the debate on export restrictions and export controls, this adroitly-crafted book expertly navigates the complexities of international trade law. Under the aegis of global security, it features a number of diverse yet interconnected topics on export restrictions and export controls and highlights the multi-faceted trade, economic, and security challenges faced by developed and developing countries.Providing a wealth of legal analysis, Umair Ghori explores a variety of central themes including the role of export restrictions and controls and their differences, the impact they have on WTO Members’ international trade and economic security interests, the inadequacies of the rules on export restrictions and how this affects the interests of trading nations, and meaningful reforms in trade and development. Ghori draws on historical and theoretical dimensions and examines the latest developments within the field. Through the judicious use of empirical evidence, Export Restrictions and Export Controls illustrates the pressing need for reform of current WTO disciplines in order to support the aspirations and security interests of the developing world.Both innovative and accessible, this book will appeal to academics, researchers and students of international trade and security studies, international economic law, trade law, and global and transnational law. Bringing a diverse perspective to scholarly discourse, it will also be of benefit to those interested in the wider field of international relations.Trade Review‘The book provides a holistic and updated analysis of export controls under WTO law. It sheds light on legal issues related to recent geopolitical tensions including the COVID-19 pandemic, the Ukraine war, and the US–China rivalry. Scholars and practitioners in international economic law and policy will find this book highly valuable.’ -- Pasha L. Hsieh, Singapore Management UniversityTable of ContentsContents: Foreword 1. Export restrictions and export controls – the elephants in the room 2. Three lessons on the construction of export restrictions under WTO law 3. Export restrictions, development, and local challenges 4. An unhealthy situation: Export restrictions and shifting health security 5. No easy solutions: Export restrictions, food security, and agriculture 6. Tussling Titans: The US–China trade wars and the role of export controls 7. Conclusion – The difficult path ahead Appendix 1: Restricting exporters of critical raw materials and metals for advanced technologies, clean energy and environmentally friendly applications Appendix 2: Overview of measures affecting trade in goods during COVID-19 by Top-15 notifying countries
£120.00
Edward Elgar Publishing Ltd The Regulation of Tax Competition: Rethinking
Book SynopsisThis comprehensive book adopts a nuanced yet straightforward approach to analysing the complex phenomenon of international tax competition. Using the ongoing international efforts of the Organisation for Economic Co-operation and Development (OECD) and the European Union (EU) as a basis for its analysis, it explores the mixed effects of tax competition and offers an effective approach that takes account of the asymmetrical global context.Providing a history of the OECD’s work on tax competition to date, Chidozie George Chukwudumogu argues against conventional efforts to merely restrict international tax competition, putting forward a wide regulatory approach that is more appropriate and considerate of the inequality of the states involved. The author further explains and simplifies complex terms and principles of international tax policy, demystifies common assumptions about tax competition, and identifies commonalities beyond the often polarizing debates on the topic.The Regulation of Tax Competition will be a crucial resource for academics, researchers and students with an interest in international tax law and policy. Policymakers in both international organisations such as the OECD and EU and in national governments will also benefit from awareness of the arguments explored in this book.Trade Review‘This book provides a fresh and innovative look at an "old" yet ever topical question, that of tax competition. Chidozie Chukwudumogu guides the reader with mastery through the different elements and various distinctions of tax competition, and decomposes the approach adopted so far at international and EU level. Employing the concept of fiscal sovereignty, Chukwudumogu convincingly argues for a novel normative regulatory approach to tax competition that would allow for global redistribution.’ -- Katerina Pantazatou, University of Luxembourg, Luxembourg‘We are in an unprecedented era of rapid international tax reform. The previous consensus in international tax design among primarily high-income nations has been critically appraised by scholars and policy makers and found wanting. The OECD and its member countries are forming a new consensus. In this moment, Dr. Chukwudumogu’s book is essential reading. He proposes a new way of framing and promoting effective international tax relations, one that understands tax competition as a regulatory challenge.’ -- Kim Brooks, Dalhousie University, Canada‘Chukwudumogu challenges the dominant tax competition frame. Contending it fails to address the need for global redistribution in an asymmetric world, he advocates a “regulatory” approach that navigates states’ fiscal sovereignty rights and states’ duties to respect other states through cooperation. This work comes at a critical moment in international tax history— as policy frames are being rewritten and new voices and perspectives are taking center stage—and it offers readers a powerful and reasoned path for reconceptualizing the tax struggle among states.’ -- Diane Ring, Boston College Law School, US‘This is an outstanding and timely book. It’s core is the proposal to regulate rather than curb tax competition, which is precisely what the new OECD proposals are about. It should be read by anyone interested in the new international tax regime that is emerging from the current OECD framework.’ -- Reuven Avi-Yonah, University of Michigan, USTable of ContentsContents: Foreword: The Regulation of Tax Competition: Rethinking “Harmful” Tax Competition in a Global Context Preface 1. Introduction 2. The prohibitory approach to tax competition by the OECD, as supported by the EU 3. The effects of tax competition 4. The sovereignty analysis in tax competition 5. The regulation of tax competition: the regulatory approach 6. Final thoughts Bibliography Index
£90.00
Edward Elgar Publishing Ltd Understanding the EU as a Good Global Actor:
Book SynopsisThis timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.Featuring contributions from more than 20 leading EU scholars and emerging voices, the book develops four themes through which it advances a research agenda for the study of the EU as a good global actor. The book begins by unpacking the complexities of the EU as a global trade actor, before discussing ‘good’ trade governance and a deeper trade agenda, the issue of data governance in digital trade and in other regulatory frameworks, and finally the institutional dimension of EU actorness.Understanding the EU as a Good Global Actor will be a crucial read for scholars and students in EU law and politics, particularly those with an interest in EU governance, trade and external relations. It will also prove useful for policy makers both within and outside the EU.Table of ContentsContents: Introduction: understanding the EU as a good global actor: whose metrics? 1 Elaine Fahey and Isabella Mancini PART I THE COMPLEXITIES OF THE EU AS A GLOBAL ACTOR IN TRADE 1 Europe’s power surplus: legal empathy and the trade/ regulation nexus 19 Ignacio Garcia Bercero and Kalypso Nicolaïdis, 2 Leverage in trade agreements and linkages – challenges to the trade and rights linkages 37 Maria Garcia 3 Market Power Europe? Exporting EU disciplines on domestic services regulations through trade agreements 53 Billy Melo Araujo 4 Environmental allies and trade competitors: a comparative analysis of US and EU governance models for the trade-and-climate nexus 74 Jean-Baptiste Velut PART II ON ‘GOOD’ TRADE GOVERNANCE: THE EMERGING AMBITIONS AND VALUES OF A DEEPER TRADE AGENDA 5 The role of values in EU external relations: a legal assessment of the EU as a ‘good’ global actor 92 Ramses A. Wessel and Yuliya Kaspiarovich 6 The EU acting through free trade agreements: the case of sustainability and public procurement 107 Martin Trybus 7 The role of the EU in making ‘sustainable’ labour linkages in contemporary trade: is being ‘assertive’ also ‘good’? 124 Tonia Novitz 8 The Carbon Border Adjustment Mechanism and the challenge of being a ‘good’ climate and trade actor 141 Eva Pander Maat 9 Empowering women in trade: how gender responsive are the EU’s trade agreements? 158 Clair Gammage PART III ON ‘GOOD’ DATA GOVERNANCE: THE EMERGING AMBITIONS AND VALUES IN DATA FLOWS 10 The emperor’s new clothes – data privacy and cybersecurity from a European perspective 176 Jörg Polakiewicz 11 The EU’s trade policy on cross-border data flows in the global landscape: navigating the thin line between liberalizing digital trade, ‘digital sovereignty’ and multilateralism 192 Svetlana Yakovleva 12 Comparing the EU’s and China’s approaches in data governance 209 Xuechen Chen and Xinchuchu Gao PART IV THE EU INSTITUTIONAL DIMENSION OF ‘GOOD’ TRADE GOVERNANCE 13 Democratization of good global governance: the EU’s role in the parliamentarization of trade policy 227 Wolfgang Weiss 14 The EU as a good global actor in international economic relations: the role of parliaments 245 Ewa Żelazna 15 The approach of the CJEU to international law: towards a context-specific approach 261 Eva Kassoti and Graham Butler 16 Sustainable development chapters in EU FTAs and dispute settlement: lessons learned from Ukraine – Wood Products and Korea – Labour Rights 277 Gesa Kübek Index
£109.00
Edward Elgar Publishing Ltd Navigating the Free Trade–Fair Trade Fault-Lines
Book SynopsisIs Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity?These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China.Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.Trade Review'A broad sweep with deep insights. Michael Trebilcock at his best. From the ''dark past'' of trade history, to an overview of today's most notable scholarship on trade. From traditional topics like trade preferences for developing countries, to trade and the COVID pandemic and US-China trade relations. A great combination of neutrally describing the hot button issues in international trade, with offering personal opinions at each critical juncture.' -- Joost Pauwelyn, Graduate Institute of International and Development Studies, Geneva, Switzerland
£21.95
Edward Elgar Publishing Ltd The Law and Economics of International Trade
Book SynopsisFrom the pen of highly esteemed trade scholar Alan Sykes, this book presents a rigorous introduction to the law and economics of modern international trade agreements.With a bottom-up approach that requires neither a background in international trade law nor significant economics training, Sykes sets out to map and explain the complex dynamics of international trade agreements and institutions, synthesising legal analysis and cutting-edge economic research in order to present the reader with a sophisticated, holistic view of the field.Against the backdrop of the current impasse in both negotiation and dispute settlement at the World Trade Organisation, the book charts a clear path from the historical origins of trade law and the international system, to the current state of play, including unpacking the major areas of controversy. It exposits the economic theory of trade agreements, discusses the role of international trade law in domestic legal systems and analyzes the role of self-enforcement and formal dispute resolution mechanisms. It provides lucid and detailed analysis of the restrictions, exceptions, obligations and special measures that constitute the core building blocks of international trade rules, including the distinct features of international trade in services. With an international outlook, the book also addresses the role of China in the world trading system, looking at such issues as the credibility of market access commitments, China's industrial policies, “forced technology transfer” and currency manipulation.Providing an eloquent, thorough and technically astute overview of international trade agreements, this title will be invaluable to scholars and teachers of international trade across the disciplines of law, economics and political science.Trade Review‘Sykes again demonstrates why he is one of the most influential scholars in international trade law. This book is a tour de force, hitting all the important features in the field with clarity and depth. It is an indispensable guide on how perspectives from economics, law, political science, and history have informed the landscape. Anyone interested in trade will want to engage with this essential work.’ -- Kathleen Claussen, Georgetown University Law Center, US‘This book is an invaluable resource for anyone looking for a concise but comprehensive understanding of the modern international trade system, from the system’s origins to today’s challenges and controversies. In clear prose, it provides a sophisticated and accessible explanation of economics and politics of international trade law as well as the major forces driving “globalization.” It is the ideal resource for students or professionals seeking a succinct but cutting-edge engagement with the global trading order.’ -- Rachel Brewster, Duke University, US‘This book provides a highly accessible tour of the law and economics of international trade agreements, guided by the preeminent scholar who straddles two fields. With characteristic clarity and the bare minimum of technical details, Sykes covers an impressive range of topics and leaves the reader with a complete picture of the rules and institutions of the international trading system, their origins, motivations, and shortcomings.’ -- Gene M. Grossman, Princeton University, US‘As both a leading international law scholar and a first-rate economist, Alan Sykes is uniquely positioned to translate legal and economic jargon into terms that readers with little or no background in either subject can understand. In this monumental book, Sykes does just that to provide a lucid and accessible treatment of the law and economics of international trade agreements and a definitive assessment of the past, present and future role of these agreements in shaping the forces of globalization.’ -- Robert W. Staiger, Dartmouth College, USTable of ContentsContents: 1. Introduction to The Law and Economics of International Trade Agreements 2. Economic background: The rationale for trade, the case for liberal trade and its critique, and the economics of trade agreements 3. An introduction to the history and institutions of international trade 4. The interface between national and international trade law 5. Enforcement and dispute resolution 6. Tariffs and quantitative restrictions 7. The most-favored nation (MFN) obligation and exceptions (with a note on state trading enterprises) 8. The national treatment obligation 9. The general and security exceptions 10. Technical barriers to trade and the trade/regulation interface 11. Safeguard measures 12. Antidumping measures 13. Subsidies and countervailing measures, with a note on agriculture 14. Trade in services and GATS 15. China in the world trading system Index
£140.00
Edward Elgar Publishing Ltd Promoting Renewable Energy: The Mutual
Book SynopsisThis incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives.Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.Trade Review‘Alessandro Monti’s Promoting Renewable Energy takes us to the center of the battle to address climate change – the policy push to establish a renewable energy economy. With deep insight and careful analysis of how international trade law intersects with the global climate change regime, Professor Monti lays out a principle of “mutual supportiveness” that might reduce trade disputes related to clean energy and pave the way for success in achieving net-zero greenhouse gas emissions by 2050. Essential reading for trade and climate change policymakers, lawyers, scholars, and all those who care about a sustainable future.’ -- Dan Esty, Yale University, US‘The transition to net zero requires action from all sorts of international institutions, including international trade law. Alessandro Monti’s timely account of trade law’s role in promoting renewable energy offers a rich analysis of the extent to which climate and trade rules can be considered mutually supportive, and offers clear suggestions for reform.’ -- Harro van Asselt, University of Eastern Finland Law School, FinlandTable of ContentsContents: 1. Introduction to Promoting Renewable Energy: The Mutual Supportiveness of Climate and Trade Law 2. Regime interaction and the emerging principle of mutual supportiveness 3. International climate and trade law: mapping the regimes 4. The promotion of renewable energy in climate and trade law 5. International trade disputes on discriminatory renewable energy subsidies 6. International trade disputes on unilateral trade remedies 7. Enhancing mutual supportiveness in international trade agreements: opportunities and challenges 8. Conclusions References. Index
£106.58
Edward Elgar Publishing Ltd The Sources of WTO Law and their Interpretation:
Book SynopsisIn this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice. Delving into the workings of the Vienna Convention of the Law of Treaties (VCLT) and its use within the WTO courts, the author provides a critical assessment of the interpretation of the WTO contract and illuminates the role of WTO adjudicators and the Secretariat in clarifying obligations. Mavroidis then explores the uncertainty and distortion that emerge as a result of the discretion from adjudicators invited by the VCLT, explaining why this matters and offering steps towards resolving these issues. Providing an expansive analysis of the interpretation of WTO treaties, this book will be an invaluable resource for scholars and students in the field of WTO law, as well as international trade and economic law more broadly. Its discussion of the possible future of dispute settlement, particularly its proposal for a re-evaluation of the judicial selection process, will also prove insightful to practitioners in this area.Trade Review‘A tour de force covering in detail with perceptive analysis all of the issues concerning sources of law in WTO dispute settlement. A must-read for those involved in the WTO dispute settlement system – whether WTO members, practitioners or those that follow or write about the system.’ -- William J. Davey, University of Illinois College of Law, USTable of ContentsContents: Introduction to The Sources of WTO Law and their Interpretation 1. What are sources of law and why do they matter? 2. The statutory definition of WTO sources of law 3. The WTO primary law 4. The WTO secondary law 5. Sources and general principles of (WTO) law 6. The interpretative elements of WTO sources of law 7. Practice … and its discontents 8. Noisy judgments, legal uncertainty, and beyond: cut the coat according to the cloth Annex 1: key provisions of the DSU Annex 2: Section 3 of VCLT, Interpretation of Treaties References Index
£85.81
Edward Elgar Publishing Ltd The WTO Dispute Settlement System: How, Why and
Book SynopsisThis incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis.By inquiring into the current set-up of WTO adjudication system, the book explores to what extent its original intent has been followed in practice. Its empirical analysis of decades of data regarding the number, duration, and subject matter of dispute adjudications, as well as the frequency of implemented or non-implemented settlements, illuminates the effectiveness of the system and highlights the issues that have led to the WTO’s present predicament. Petros C. Mavroidis employs these findings to build a case for the urgent reform of the WTO dispute settlement system by virtue of its accomplishments. He then concludes with a proposal for a reinvigorated “Dispute Settlement Understanding 2.0”. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system. Its accessible evaluation of the rationale and practice of key provisions of the adjudication regime will also be of benefit to practicing attorneys.Trade Review‘Thanks to The WTO Dispute Settlement System we now have a comprehensive account—a time capsule, if you will—of what that institution, with all of its warts, has accomplished. And we have a guidebook that scholars and policymakers can use to revive and improve it once the current storm passes.’ -- Journal of International Economic Law‘Mavroidis' book provides a comprehensive account of the WTO records from various aspects.These empirical results and analyses present a full and realistic picture of how dispute resolution mechanisms in the WTO have been performing so far, which enables the reader to better discern real expectations of the WTO dispute resolution and properly assess the (in)effectiveness of each mechanism. This book is recommended to people working and studying international trade law. Academics, practitioners, and students who are interested in international investment arbitration, international/alternative dispute resolution, and empirical legal studies are also recommended to read this book as the research methodology used in this book is inspiring for research in many other areas.’ -- Yueming Yan, Asian Journal of WTO & International Health Law and Policy‘This book, by a leading WTO legal scholar and the favourite co-author of many American and European trade economists, will be indispensable reading for researchers and practitioners of international trade.' -- André Sapir, Université Libre de Bruxelles, Belgium‘Professor Mavroidis adds yet another masterly contribution to his series of WTO Law analyses. As previous books, it lays out the legal texts and case law in great detail, and perceptively discusses the economic rationale of the law. This book is incomparably richer than any other text on WTO dispute settlement.’ -- Henrik Horn, Research Institute of Industrial Economics, Sweden‘In this masterful book, Petros Mavroidis blends an elegant combination of prose, data and law to explore just how the WTO dispute system worked, how it failed, and why it needs to be fixed.’ -- Chad Bown, Peterson Institute for International Economics, USTable of ContentsContents: Introduction 1. Endless ordeal and no denouement 2. Adjudicating disputes at the WTO: a primer on the DSU 3. The actors, and their disputes 4. Consultations and the panel process 5. The process before the Appellate Body 6. The subject matter of disputes 7. The end of disputes 8. Suspension of concessions (retaliation) 9. The WTO judges 10. Dispute avoidance: specific trade concerns in the TBT and SPS agreements 11. The story that the numbers tell 12. The WTO DSU, a fixer-upper Bibliography Index
£156.00
Edward Elgar Publishing Ltd The Elgar Companion to UNCITRAL
Book SynopsisAs one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to further the progressive unification of the law of international trade. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.Split into four key thematic sections, the book starts by providing an institutional background to UNCITRAL, before moving on to discuss the topic of dispute resolution, including contributions on international arbitration, mediation, and online dispute resolution. Further chapters then explore key topics in international contract law, especially relating to the United Nations Convention on Contracts for the International Sale of Goods. The final section of the Companion consists of chapters on a variety of matters considered at UNCITRAL, namely, micro, small and medium-sized businesses; insolvency; secured transactions; negotiable instruments; public procurement; electronic commerce and transport law. A diverse selection of contributors from a variety of legal backgrounds come together to present the past, present and future prospects of UNCITRAL instruments.Trade Review‘I commend the editors for this timely and thought-provoking companion, which serves as a useful reference point for all stakeholders in the harmonization project.’ -- From the foreword by Anna Joubin-Bret, Secretary, UNCITRAL, Director, International Trade Law Division, United NationsTable of ContentsContents: UNCITRAL legal texts xviii Foreword xxiv Introduction to The Elgar Companion to UNCITRAL 1 Rishi Gulati (with Ben Köhler and Thomas John) PART I INSTITUTIONAL BACKGROUND, SOME CONCEPTUAL MATTERS, AND REGIONAL PERSPECTIVES 1 UNCITRAL: the organization 11 José Angelo Estrella Faria 2 UNCITRAL conventions and private international law: from antagonism to symbiosis 36 Franco Ferrari 3 Harmonising the local and global: non-unitary States and UNCITRAL’s work of legal convergence 53 Justin Gleeson SC and Danielle Forrester 4 Progressive harmonisation of international trade law in Africa: the role of UNCITRAL 81 ’Gbenga Bamodu 5 Judicial support of international commercial arbitration under the Model Law: a précis of available options for judges 99 Anselmo Reyes 6 Latin America’s perspective on the reform of the Investor-State Dispute Settlement Mechanism 116 Christian Carbajal Valenzuela PART II INTERNATIONAL DISPUTE RESOLUTION 7 UNCITRAL’s work in investor-state dispute settlement: promoting the rule of law internationally? 140 Rishi Gulati and Patricia Schoeffmann 8 The Mauritius Convention and UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration 161 Jeremy Shelley 9 The Hague Rules on Business and Human Rights: reconciling business and human rights with arbitration? 177 Dalia Palombo 10 Sovereign immunity and international arbitration: whither the rule of law? 193 Conway Blake 11 The history, evolution, and future of the UNCITRAL mediation framework 216 Judith Knieper and Jonathan Haddad 12 The Singapore Convention 242 Nadja Alexander and Clarissa Chern 13 Making the impossible possible: UNCITRAL’s impact on the harmonisation and modernisation of India’s legal framework for dispute resolution 267 Nidhi Gupta 14 Online dispute resolution 277 Ronald A. Brand PART III INTERNATIONAL CONTRACT LAW 15 The 1980 Vienna Sales Convention (CISG) as standard setter for or obstacle to international commercial law unification 296 Ulrich G. Schroeter 16 The United Nations Convention on Contracts for the International Sale of Goods as reference to interpret or supplement Guatemalan law 328 Pedro Mendoza Montano 17 The CISG in the age of sustainable supply chains 339 Ben Köhler 18 Thinking, small and large: can the CISG help SMEs and if so, how? 356 Lisa Spagnolo PART IV SELECTED TOPICS 19 UNCITRAL and MSMEs: an enduring and successful marriage 377 Petra Butler 20 ESG as a business model for small and medium-sized enterprises 392 Mark Fenwick, Tronel Joubert, Sanita van Wyk and Erik P.M. Vermeulen 21 Insolvency standards, model laws, and cooperation in cross-border insolvency: the role and impact of UNCITRAL’s instruments 410 Irit Mevorach 22 Cross-border insolvency under the UNCITRAL Model Laws and the European Insolvency Regulation 428 Jodie Adams Kirshner and Yannick Chatard 23 Security interests in intellectual property under the UNCITRAL Model Law on Secured Transactions 442 Spyridon V. Bazinas 24 Negotiable instruments law: two layers of harmful discrepancy 462 Sagi Peari 25 The UNCITRAL Model Law on Public Procurement: potential next steps 480 Christopher Yukins and Caroline Nicholas 26 The role of the UNCITRAL Model Law in reforming procurement mechanisms: a case study of India 497 Mukesh Rawat and K. Damodaran Raju 27 UNCITRAL texts on electronic commerce 512 Luca G. Castellani 28 Blockchain-based bills of lading and the UNCITRAL Model Law on Electronic Transferable Records: questions of compatibility 525 Poomintr Sooksripaisarnkit 29 UNCITRAL and international carriage of goods by sea 541 Vivienne Bath Index 562
£245.00
Edward Elgar Publishing Advanced Introduction to International Economic Law
Book SynopsisThis Advanced Introduction provides the first concise and integrated exploration of the five core sub-fields of international economic law (IEL) (trade, investment, money, finance, and tax). Gregory Shaffer and Michael Waibel assess the contested principles, concepts, and contemporary challenges of IEL.
£85.00
Edward Elgar Publishing Advanced Introduction to International Economic Law
Book SynopsisThis Advanced Introduction provides the first concise and integrated exploration of the five core sub-fields of international economic law (IEL) (trade, investment, money, finance, and tax). Gregory Shaffer and Michael Waibel assess the contested principles, concepts, and contemporary challenges of IEL.
£20.57
Edward Elgar Publishing Ltd Blockchain and Public Law: Global Challenges in
Book SynopsisThis important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.Articulated in two sections, the first analyses the opportunities and the challenges that blockchain and distributed ledger technologies raise in the field of public and constitutional law, while the second highlights challenges derived from the intersection between blockchain and other legal fields such as contract law, financial law and antitrust law. A wide variety of expert contributions offer further examinations of the constitutional challenges of blockchain technologies that provide regulatory options for governments and lawmakers.Blockchain and Public Law will be a critical point of reference for scholars and students of legal theory, public policy and governmental law. It will also be beneficial to legal practitioners and lawmakers to further develop their knowledge of the field of blockchain at national and international levels.Trade Review‘The broader variety of perspectives in the book make an important contribution to current scholarly debates. Hopefully this research will also be noticed by policymakers presented with opportunities (or pressures) to adopt blockchain technologies.’ -- Albert Sanchez-Graells, How to Crack a Nut: A blog on EU economic law‘This book is a comprehensive yet extensive study on how blockchain changes our relationship with existing public institutions.‘ -- Thibault Schrepel, Utrecht University, the Netherlands‘This book cuts through the blockchain hype by compiling the research of prominent scholars that critically engage with the technology and its legal implications. It is a rich collection of lucid evaluations of blockchain and the law and an invaluable resource for anyone interested in this particular technology but also the intersection between law and technological innovation more generally.‘ -- Michèle Finck, Max Planck Institute for Innovation and Competition, GermanyTable of ContentsContents: 1 Introduction to Blockchain and Public Law 1 Oreste Pollicino and Giovanni De Gregorio PART I BLOCKCHAIN AND PUBLIC LAW 2 Blockchain utopia and its governance shortfalls 13 Uta Kohl 3 Blockchain and sovereignty 40 Riccardo de Caria 4 Blockchain and citizenship: uneasy bedfellows 59 Oskar J. Gstrein and Dimitry V. Kochenov 5 Blockchain and democracy: Challenges and opportunities of blockchain and smart contracts for democracy in the distributed, algorithmic state 76 Jurgen Goossens 6 Blockchain and authoritarianism: The evolution of decentralized autonomous organizations 89 Tom W. Bell 7 Blockchain and public administration 104 Yoan Hermstrüwer 8 Blockchain and freedom of expression 122 Giovanni De Gregorio 9 Blockchain, privacy, and data protection 140 Paul De Hert and Ashwinee Kumar 10 Blockchain for healthcare applications and use cases 156 Immaculate Motsi-Omoijiade and Alexander Kharlamov PART II BLOCKCHAIN AND PUBLIC LAW AT THE INTERSECTION 11 Blockchain and contract law: Smart contracts 191 Pietro Sirena and Francesco P. Patti 12 Blockchain and financial law: FinTech and crypto-assets 208 Filippo Annunziata 13 Blockchain and antitrust law: A roadmap 224 Maria Teresa Maggiolino and Laura Zoboli Index
£99.00
Edward Elgar Publishing Ltd The Global Economic Order: The International Law
Book SynopsisExploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt - a critical component of states’ infrastructure - leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states. A must read for those who wish to understand how the world economic order operates and impacts the well-being of individuals and entire populations, this book is indispensable for professionals and students in the fields of law, political sciences and international relations and those who seek to understand why economic peace is, in many cases, beyond our reach.Trade Review’It all comes together in Louka's extraordinarily lucid, accessible and realistic account of the structure and workings of the global political-economic system. Her book is rich in descriptions of key institutions and in contemporary and historic examples. Louka's deconstruction of the global law-making process and the regulatory initiatives of the key international institutions as well as her recommendations for securing minimum order in the system are refreshingly feasible and reasonable.’- Michael Reisman, Yale Law School, US’In this book, Elli Louka reassesses a collection of key issues that shape the international law and politics of the financial and monetary system, such as the making of economic policy, economic strategies of states, global economic conflicts, truces and peace, and global bodies, societies and guilds. The analysis is thoughtful and provocative which makes The Global Economic Order a most valuable and important contribution to financial and monetary system governance literature.’- Julien Chaisse, City University of Hong Kong, Hong Kong SAR’In this amazingly comprehensive book Elli Louka masterfully describes the politics and policies, the law and institutions, and the formal and informal processes and participants that have defined the global financial and monetary system, past and present. This is a sober and necessary explanation and evaluation of why and how minimum order has been maintained and why maximum order is so elusive.’ -- Jacob Katz Cogan, University of Cincinnati, College of Law, USTable of ContentsContents: Part I. Making Economic Policy 1. The One and Only Sovereign 2. The Trilemma Part II. Economic Strategies of States 3. The United States as the Global Sovereign 4. The Core and the Periphery Part III. Searching for World Order: Conflicts, Truces and Peace 5. Coordination and Conflict 6. The Gold Standard 7. From World War I to World War II 8. The Bretton Woods System 9. The Bretton Woods Collapse: the 1970s 10. The 1980s 11. The 1990s 12. The 2008 Financial Crisis 13. The International Monetary Fund and World Order Part IV. Global Bodies, Societies and Guilds 14. The Global Law-Making Process 15. Financial Infrastructure 16. Global Financial Regulation 17. Foundations of a Minimum Economic Order 18. Case Study-The Greek Debt Crisis (2009-2018) Index
£120.00
Edward Elgar Publishing Ltd Research Handbook on Economic Sanctions
Book SynopsisPeter van Bergeijk brings together 40 leading experts from all continents to analyze state-of-the-art data covering the sharp increase in (smart) sanctions in the last decade. Original chapters provide detailed analyses on the determinants of sanction success and failure, complemented with innovative research on the impact of sanctions.This timely Research Handbook provides both a thorough discussion of methodology as well as evidence-based policy advice on the efficient application of boycotts, embargoes, and targeted sanctions, including trade, travel and financial sanctions. The use of case studies from Cuba, Iran, North Korea and Russia illustrate developments and demonstrate new methods, including stochastic frontier analysis, comparative quantitative analysis and meta-analysis.Providing crucial information, this Research Handbook will be an excellent resource for academic researchers in international political economy and international relations as well as policy makers within national and global institutions. It will also provide obligatory reading for students also studying within these fields.Trade Review‘The Handbook is an exemplary interdisciplinary work in an area that remains at the heart of economic relations among states where the mechanical tool of statecraft constitutes a form of politics among nations. The authors and editor dissects the major policy approaches and empirical data available on economic sanctions to show how new knowledge and sanctions can be better appreciated. The Handbook on Economic Sanctions thus provides a vivid insight into an area in international policy that will support further research from a variety of fields.’ -- P. Sean Morris, Global Trade & Customs Journal‘Sanctions have become an ubiquitous and increasingly powerful tool of statecraft. With contributions from elite international sanctions experts, this Research Handbook examines data and analytical methods for gauging the haphazard impact of sanctions on trade, investment, and finance; reducing humanitarian costs and collateral damage to third countries; and assessing whether and how foreign economic coercion can promote policy change in the targeted regime. This compendium is an invaluable resource for ongoing sanctions research and a go-to guide for officials constructing and applying new sanctions policies.’ -- Jeffrey J. Schott, Peterson Institute for International Economics, US‘This Research Handbook is a thorough and well-organized volume on economic sanctions. It is a timely publication in view of significant changes in US policy and the increasing use of smart sanctions. Bringing together leading authors on sanctions from international economics, international relations and international law, the book provides an in-depth and well-balanced analysis of the strengths and weaknesses of economic sanctions and the role they may usefully play in the future.’ -- Peter Van den Bossche, World Trade Institute, SwitzerlandTable of ContentsContents: 1 Introduction to the Research Handbook on Economic Sanctions 1 Peter A.G. van Bergeijk PART I THE VALUE OF LARGE-N DATA SOURCES 2 Economic sanctions in the twenty-first century 26 Gary Clyde Hufbauer and Euijin Jung 3 The Threat and Imposition of Economic Sanctions data project: a retrospective 44 T. Clifton Morgan, Navin A. Bapat, and Yoshiharu Kobayashi 4 The Global Sanctions Data Base (GSDB): an update that includes the years of the Trump presidency 62 Aleksandra Kirilakha, Gabriel J. Felbermayr, Constantinos Syropoulos, Erdal Yalcin, and Yoto V. Yotov 5 UN targeted sanctions: historical development and current challenges 107 Thomas J. Biersteker and Zuzana Hudáková 6 Publication bias of economic sanctions research: a meta-analysis of the impact of trade linkage, duration and prior relations on sanctions success 125 Binyam A. Demena, Alemayehu S. Reta, Gabriela Benalcazar Jativa, Patrick B. Kimararungu, and Peter A.G. van Bergeijk PART II SANCTION MECHANISMS 7 The public choice approach to international sanctions: retrospect and prospect 152 Dennis Halcoussis, William H. Kaempfer, and Anton D. Lowenberg 8 Making sanctions work: promoting compliance, punishing violations, and discouraging sanctions busting 167 Bryan R. Early 9 Economic sanctions and political stability and violence in target countries 187 Dursun Peksen 10 The internal opposition effect of international sanctions: insights from a qualitative comparative analysis 202 Julia Grauvogel 11 Secondary sanctions mechanism revisited: the case of US sanctions against North Korea 223 Baran Han 12 Researching firms and sanctions: theoretical and methodological considerations 238 Michal Onderco and Reinout A. van der Veer PART III APPEARANCES OF SANCTIONS 13 Imposing sanctions versus posing in sanctioners’ clothes: the EU sanctions against Russia and the Russian counter-sanctions 249 Matěj Bělín and Jan Hanousek 14 Trade preference suspensions as economic sanctions 264 Clara Portela 15 Economic sanctions and the WTO 280 Maarten Smeets 16 Negative and positive sanctions 297 Raul Caruso 17 Economic sanctions within the Graph Model for Conflict Resolution 309 Bader A. Sabtan, D. Marc Kilgour, and Rami Kinsara PART IV INTENDED AND UNINTENDED IMPACTS 18 The impact of sanctions on the banking system: new evidence from Iran 330 Sajjad Faraji Dizaji 19 Tourism and sanctions 351 C. Michael Hall and Siamak Seyfi 20 FDI and sanctions 369 Irina Mirkina 21 In and out of the penalty box: U.S. sanctions and their effects on international trade 388 Tristan Kohl 22 Timing the Impact of sanctions on trade 411 Mian Dai, Gabriel Felbermayr, Aleksandra Kirilakha Constantinos Syropoulos, Erdal Yalcin, and Yoto V. Yotov 23 Sanctioned to starve? The impact of economic sanctions on food security in targeted states 438 Sylvanus Kwaku Afesorgbor Index 467
£218.00
Edward Elgar Publishing Ltd The Global Economic Order: The International Law
Book SynopsisExploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt - a critical component of states’ infrastructure - leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states. A must read for those who wish to understand how the world economic order operates and impacts the well-being of individuals and entire populations, this book is indispensable for professionals and students in the fields of law, political sciences and international relations and those who seek to understand why economic peace is, in many cases, beyond our reach.Trade Review’It all comes together in Louka's extraordinarily lucid, accessible and realistic account of the structure and workings of the global political-economic system. Her book is rich in descriptions of key institutions and in contemporary and historic examples. Louka's deconstruction of the global law-making process and the regulatory initiatives of the key international institutions as well as her recommendations for securing minimum order in the system are refreshingly feasible and reasonable.’- Michael Reisman, Yale Law School, US’In this book, Elli Louka reassesses a collection of key issues that shape the international law and politics of the financial and monetary system, such as the making of economic policy, economic strategies of states, global economic conflicts, truces and peace, and global bodies, societies and guilds. The analysis is thoughtful and provocative which makes The Global Economic Order a most valuable and important contribution to financial and monetary system governance literature.’- Julien Chaisse, City University of Hong Kong, Hong Kong SAR’In this amazingly comprehensive book Elli Louka masterfully describes the politics and policies, the law and institutions, and the formal and informal processes and participants that have defined the global financial and monetary system, past and present. This is a sober and necessary explanation and evaluation of why and how minimum order has been maintained and why maximum order is so elusive.’ -- Jacob Katz Cogan, University of Cincinnati, College of Law, USTable of ContentsContents: Part I. Making Economic Policy 1. The One and Only Sovereign 2. The Trilemma Part II. Economic Strategies of States 3. The United States as the Global Sovereign 4. The Core and the Periphery Part III. Searching for World Order: Conflicts, Truces and Peace 5. Coordination and Conflict 6. The Gold Standard 7. From World War I to World War II 8. The Bretton Woods System 9. The Bretton Woods Collapse: the 1970s 10. The 1980s 11. The 1990s 12. The 2008 Financial Crisis 13. The International Monetary Fund and World Order Part IV. Global Bodies, Societies and Guilds 14. The Global Law-Making Process 15. Financial Infrastructure 16. Global Financial Regulation 17. Foundations of a Minimum Economic Order 18. Case Study-The Greek Debt Crisis (2009-2018) Index
£38.95
Edward Elgar Publishing Ltd Handbook on Trade Policy and Climate Change
Book SynopsisThis insightful Handbook provides a comprehensive overview of the most recent developments in the academic debate on the numerous and complex linkages between international trade and climate change. Adopting a broad interdisciplinary approach, it brings together perspectives from scholars in economics, political science and legal studies to confront the critical environmental challenges posed by globalization. Initial chapters provide an overview of the key debates related to international trade and climate policy, engaging with empirical data from the US and China to assess the impact of new trade initiatives and policy on greenhouse gas emissions, carbon leakage and the increase of trade in carbon-intensive products. Contributors propose policy options that align international trade with climate change mitigation and address crucial legal and practical implications, including the implementation of Border Carbon Adjustments and international trade disputes. Offering critical and empirically-based perspectives on the future of international trade policy, this timely Handbook is crucial reading for scholars, researchers and graduate students in political science, public policy and climate research. Policymakers will also benefit from its unique and insightful policy recommendations.Trade Review‘In the run up to 2030, all trade policy analysts must become fluent in trade and climate issues. This timely and authoritative book is an excellent place to start digging into climate-linked trade issues ranging from carbon leakage and border tax adjustments to production and consumption-based carbon accounting. Written by leading scholars, the chapters are rigorous and comprehensive while remaining accessible.’ -- Richard Baldwin, Graduate Institute, GenevaTable of ContentsContents: Foreword xiii Aik Hoe Lim Preface xiv 1 Introduction to the Handbook on Trade Policy and Climate Change 1 Michael Jakob PART I LINKAGES BETWEEN INTERNATIONAL TRADE AND CLIMATE CHANGE 2 Trade and climate change: working through the conflicts and synergies 12 Aaron Cosbey 3 Globalization and greenhouse gas emissions: is the United States a pollution haven? 22 Claire Brunel and Arik Levinson 4 Energy crossroads under China’s Belt and Road Initiative 43 Fernando Ascensão 5 Empirical evidence and projections of carbon leakage: some, but not too much, probably 58 Justin Caron PART II POLICY OPTIONS TO ALIGN INTERNATIONAL TRADE WITH CLIMATE CHANGE MITIGATION 6 Free allocation of emission permits to reduce carbon leakage: an evolutionary approach 76 Angelo Antoci, Simone Borghesi, Gianluca Iannucci and Mauro Sodini 7 Output-based allocation and output-based rebates: a survey 93 Philippe Quirion 8 International cooperation for decarbonizing energy intensive industries: the case for a Green Materials Club 107 Max Åhman, Marlene Arens and Valentin Vogl 9 The potential of trade sanctions to overcome the small coalition paradox: a review of the literature 124 Juan Sesmero and Alecia Evans 10 The political economy of emissions trading 144 Sanjay Patnaik PART III LEGAL AND PRACTICAL CONSIDERATIONS 11 How to design border carbon adjustments 162 Susanne Droege and Maria Panezi 12 Using the trade regime to phase out fossil fuel subsidies 179 Harro van Asselt, Tom Moerenhout and Cleo Verkuijl 13 Towards an Environmental Goods Agreement Style (EGAST) agenda to improve the regime complex for climate change 202 Jaime de Melo and Jean-Marc Solleder 14 International trade disputes on renewable energy 222 Alessandro Monti PART IV DISTRIBUTIONAL AND EQUITY ISSUES 15 Production- and consumption-based accounting: an overview of the debate 242 Stavros Afionis and Marco Sakai 16 Technology-adjusted carbon accounting 259 Nicolai Baumert, Magnus Jiborn, Astrid Kander and Viktoras Kulionis 17 Distributional effects of environmental trade measures 275 Lutz Sager 18 Climate impacts and global supply chains: an overview 293 Leonie Wenz and Sven N. Willner 19 Epilogue 320 Michael Jakob Index
£182.00
Edward Elgar Publishing Ltd The EU and the Rule of Law in International
Book SynopsisThis timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. It does so from three main standpoints: the ‘autonomy’ of the EU and judicial dialogue, the rule of law through treaty drafting, and the role of international courts and tribunals in upholding the rule of law.Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations, such as the relationship between EU law and international investment arbitration. The contributions consider how dialogue between EU law and international law can enhance the rule of law, providing an analysis of legal issues that also offers concrete tools for overcoming the challenges that arise from them.Scholars and practitioners working in EU external relations, constitutional EU law, and public international law will find this book to be essential reading. Its critical approach will also be of great interest to policymakers in Europe and beyond.Trade Review‘The performance of the European Union as a promoter and enforcer of the Rule of Law in international politics is so poor it makes me cry. The only chapter of international law in which the EU shows muscle is international economic law. New developments in this area are what the core of the present book is about and it treats them in a singularly dense and complete way, with an emphasis on the legal structures and procedures featuring in the Union’s Common Commercial Policy. What it offers on Achmea, for instance, counts among the best reads about this Pandora’s Box I have come across.’ -- Bruno Simma, Judge, Iran-United States Claims Tribunal, and former Judge, International Court of Justice, The HagueTable of ContentsContents: Foreword x PART I RULE OF LAW: BETWEEN AUTONOMY AND JUDICIAL DIALOGUE 1 The EU: Unifying or fragmenting force in international law? 2 Philippa Webb 2 Three years after Achmea: What is said, what is unsaid, and what could follow 14 Andrea Biondi and Giorgia Sangiuolo 3 Opinion 1/17 of the Court of Justice on the legality, under EU law, of the investor-to-state dispute settlement mechanism included in the CETA agreement. A case of legal pragmatism or the dawn of a new era? 37 Sonja Boelaert 4 Investment tribunals vis-à-vis national courts: Lessons on judicial dialogue from the EU 69 Urszula Jaremba and Giancarlo Piscitelli 5 The relationship between the Court of Justice of the European Union and international courts after Opinion 1/17 89 Ewa Żelazna 6 Settling disputes on TSD Chapters of EU FTAs: Recent trends and future challenges in the light of CJEU Opinion 2/15 107 Susanna Villani PART II PROMOTING DIALOGUE IN THE EU EXTERNAL ECONOMIC RELATIONS. DIALOGUE BY TREATY DRAFTING 7 The price for a seat at the ISDS reform table: CJEU’s clearance of the EU’s investment protection policy in Opinion 1/17 and its impact on the EU constitutional order 127 Steffen Hindelang 8 Draft EU-Swiss institutional agreement: Towards a new institutional paradigm? 154 Adam Łazowski 9 The role of treaty drafting in ensuring the binding nature and enforcement of international rulings handed down against States or international institutions: A comparison of EU and US case-law 180 Quentin Declève 10 The phasing-out of intra-EU BITs and the risk for the rule of law 194 Raymundo Tullio Treves 11 Unleash the liger: The nature of the investment court system and its impact on enforcement 213 Simon Weber 12 Human rights scrutiny under the EU Generalised Scheme of Preferences: The Uzbek cotton industry as a case study 238 Rosana Garciandia 13 New tendencies in Free Trade Agreement drafting: International financial standards in the EU Free Trade Agreements 257 Elisa Longoni PART III INTERNATIONAL COURTS AND TRIBUNALS UPHOLDING THE RULE OF LAW 14 Some remarks on the contribution of UN courts and tribunals to the rule of law and the unity of international law 277 Fausto Pocar 15 Old stage, new actors: The PCA as a platform for an evolving rule of law 288 Hugo H. Siblesz 16 WTO dispute settlement: A curse or a bliss in international trade relations? 300 Federico Ortino 17 Judicial protection in the EEA 311 Frank J. Büchel and Carsten Zatschler Index 333
£121.00
Edward Elgar Publishing Ltd Social Rights and the European Monetary Union:
Book SynopsisThis thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis.Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.Trade Review‘This valuable book comes at a key time: as the EU and its member states wrestle with the mid to long-term social and economic impacts of the COVID-19 pandemic. The contributions engage effectively with the post-financial crisis EMU as a challenge for social rights enjoyment, while clearly locating that challenge in the historic marginalisation of social rights in EU governance. This volume will be of interest to anyone concerned about existing and potential mechanisms of social rights protection in the EU.’ -- Aoife Nolan, University of Nottingham, UKTable of ContentsContents: Introduction to Social Rights and the European Monetary Union 1 Maribel González Pascual and Aida Torres Pérez PART I THE BUILDING BLOCKS OF SOCIAL RIGHTS’ PROTECTION IN THE EU 1 The dimensions of the principle of solidarity in the European Union 7 Karl-Peter Sommermann 2 Social rights protection in the EU: unlocking the social content of the EU Charter 25 Maribel González Pascual PART II THE EMU AS A CHALLENGE FOR SOCIAL RIGHTS 3 The emergence of the new over-riding objective of financial stability 51 Klaus Tuori and Fernando Losada 4 Social rights and the disintegration of (and through) law in the Economic and Monetary Union: taking stock and looking forward 71 Francesco Costamagna and Filippo Croci 5 Towards a meaningful integration of fundamental (social) rights in EMU governance 97 Paul Dermine 6 The human rights puzzle of the euro-crisis: why massive breaches of human rights but none of the EU Charter of Fundamental Rights? 121 Claire Kilpatrick PART III THE ROLE OF COURTS WITHIN THE EMU 7 The CJEU as guardian of social rights? The legacy of the European financial crisis 143 Anastasia Poulou 8 The justiciability of ‘social rights’: evidence from crisis-ridden Greece 162 Lina Papadopoulou and Nada Bodiroga-Vukobrat in memoriam 9 The uncertain structure of process-based proportionality review in the EU: looking back at the debate on the CJEU’s Weiss ruling and the German Federal Constitutional Court’s PSPP ruling 187 Oliver Gerstenberg 10 Adjudication of socioeconomic rights by the CJEU: towards a new form of judicial review? 205 Aida Torres Pérez Index
£94.00
Edward Elgar Publishing Ltd An Introduction to the United
Book SynopsisThe United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to govern most economic relationships in North America, including the more than $1.3 trillion in annual regional trade in goods and services, for the foreseeable future. USMCA preserves the bulk of the NAFTA structures that permit North American manufacturers to compete effectively with their European and Asian counterparts in North American and foreign markets. Once in effect, USMCA should largely resolve the chilling effect on investment and new hiring generated by three years of uncertainty over NAFTA's future. This book provides a detailed analysis and critique of the provisions of the USMCA and the USMCA's relation to NAFTA. It is designed to assist lawyers and non-lawyers alike, including law, economics and public policy scholars, business professionals and governmental officials who require an understanding of one of the worlds' most economically and politically significant regional trade agreements.Trade Review'This timely commentary on the USMCA is comprehensive and detailed - and yet straightforward to read. Thanks to his decades of experience, Gantz is able to explain not only how the USMCA differs from NAFTA, but also how these changes reflect the policy objectives of its parties. Gantz has written an invaluable guide for trade law specialists and non-specialists alike.' --Lorand Bartels, Cambridge University, UK'The world's leading expert on free trade agreements, Professor David Gantz, has produced yet another world-class book on this subject. Through careful scholarly research, he offers the international trade community a thorough, critical analysis of NAFTA 2.0, that is, the USMCA. What is the same? What is different? What explains the continuities and changes? Are they positive or negative? In his characteristically clear, jargon-free style, Professor Gantz addresses these questions, and more, across 11 chapters covering market access, special sectors (energy, agriculture, textiles and apparel, IP, and services), labor and the environment, and dispute settlement. Integrating his five decades of unique practical experience, his new work is a special - and indispensable - gem.' --Raj Bhala, University of Kansas Law School, US and Dentons US LLPTable of ContentsContents: Preface 1. Overview of “NAFTA 2.0” 2. Tariffs, Customs and Rules of Origin 3. Settlement of Disputes 4. Labor Rights and Environmental Protection 5. Energy Production and Policies 6. Textiles, Apparel and Agriculture 7. Intellectual property, Services and Digital Trade 8. Updating NAFTA Drawing on the TPP 9. Carryover Provisions from NAFTA 10. Other Significant USMCA Innovations 11. USMCA’s Future in Context Bibliography Index
£100.00
Edward Elgar Publishing Ltd Research Handbook on Trade Wars
Book SynopsisThe Research Handbook on Trade Wars presents an informative and in-depth account of the origins, dynamics, and implications of trade wars, which are growing both in scale and scope in today’s increasingly interdependent global economy. Timely and comprehensive, it provides a holistic understanding of trade wars, including not only the domestic and international factors that influence the pattern of trade war onset and escalation, but also the stakeholders and processes that shape the outcomes of such highly intense trade conflicts.Leading scholars in the field present original and thought-provoking research material, critically engage with academic and policy debates, and make theoretical contributions as well as valuable policy recommendations. In addition to its in-depth analysis of the global, domestic, political, and economic origins of trade wars, this Research Handbook also examines the variation in the scope of trade wars, the forum for dispute settlement, the factors that influence the pattern of dispute escalation, and the linkages between national security considerations and commercial conflicts.Providing the frameworks necessary for understanding the political and economic logics of trade wars, this Handbook will be a valuable source of reference for researchers, government officials, businesses, and post-graduate students interested in international political economy, international economics, economic statecraft, public policy, and international relations.Trade Review‘The chapters in this impressive Research Handbook range from deeper dives into particular trade spats to higher-altitude analyses of their causes and consequences. Scholars especially interested in the US-China trade war will find a wealth of content. Instructors will find much connecting current events with course material about international political economy.’ -- – Stephen Chaudoin, Harvard University, US‘This is the most comprehensive study of trade wars, their causes, as well as their consequences. The questions raised in this book should be valuable input to academics and practitioners alike who are concerned by today’s increasingly uncertain environment.’ -- – Petros C. Mavroidis, Columbia Law School, USTable of ContentsContents: 1 Introduction: trade wars past and present: causes, dynamics and consequences 1 Ka Zeng and Wei Liang PART I THE GLOBAL ORIGINS OF TRADE WARS: MARKET CHANGES AND INSTITUTIONAL CONSTRAINTS 2 The structure of international trade, global value chains and trade wars in the twenty-first century 27 Louise Curran and Jappe Eckhardt 3 Financial crises and trade wars: has globalization failed to deliver? 47 David A. Deese and Sam Biasi 4 Multilateral trade governance and the US–China Trade War (2018‒) 63 Faizel Ismail PART II THE DOMESTIC ORIGINS OF TRADE WARS 5 Preferences, domestic institutions and trade wars 82 Timm Betz and Lu Sun 6 The trade Zax: explaining when regulatory disputes escalate into trade wars 112 Gary Winslett 7 The uneven impact of exchange rate movements on trade disputes 130 Patrick J.W. Egan 8 US trade deficit as an American problem 151 Imad Moosa PART III SCOPE, PROCESSES AND DYNAMICS OF TRADE WARS 9 Escalation, economic coverage and institutional scope in trade wars 175 Dirk De Bièvre and Emile van Ommeren 10 The strategic calculus of WTO dispute initiation: evidence from the United States 191 J. Tyson Chatagnier, Arlo Poletti and Aydin B. Yildirim 11 Economic rivals, security allies: the US–Japan trade war 209 Kristi Govella PART IV CASE IN POINT: THE TIT-FOR-TAT OF THE US–CHINA TRADE WAR (2018‒) 12 The US–China trade war of 2018‒2020: origins and consequences 231 Thomas Hout 13 American multinational corporations and the U.S.–China trade war 252 Jiakun Jack Zhang 14 US–China intellectual property trade wars 271 Peter K. Yu 15 “Forced” technology transfer and China’s industrial policy: a case of study high-speed rail 288 Gerald Chan PART V AMERICA FIRST: TRUMP’S TRADE OFFENSIVE AGAINST US ALLIES AND NEIGHBORS 16 US–EU trade war: a new page from an old playbook? 304 Marcia Don Harpaz 17 Japan–US trade “war” under the Trump Administration: from the US’ withdrawal from the TPP to the Japan–US trade agreement 326 Junji Nakagawa 18 United States–South Korea trade conflict: economic and security issues in the Trump era and beyond 341 James F. Paradise 19 USMCA, Covid-19 and the US–China trade war: North America’s shifting supply chains 361 David A. Gantz PART VI FLASHPOINTS: TRADE WARS IN THE ASIA-PACIFIC 20 Trade wars at the intersection of memory and industrial policy in Japan and South Korea 381 Kristin Vekasi 21 Navigating the triple dilemma: South Korea’s trade disputes with neighboring countries in the era of politicized economic interdependence 398 Seung-Youn Oh Index
£203.00
Edward Elgar Publishing Ltd Research Handbook on Unilateral and
Book SynopsisProviding a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.Trade Review'Charlotte Beaucillon and her 27 co-authors have produced a true ''Treatise on extraterritorial sanctions'' with an orderly plan that makes it possible to cover a formidably complex subject from various angles. Often confiscated by the common law doctrine, this theme is the object of cross-perspectives by specialists with very diverse backgrounds, which enrich one another while not detracting from the didactic clarity of the book. A major contribution to the knowledge of a key phenomenon of contemporary international relations.' -- Alain Pellet, Université Paris Nanterre, France'The Research Handbook on Unilateral and Extraterritorial Sanctions provides an impressive collection of contributions on a topic of ever-growing importance. Beaucillon has aptly managed to bring together some of the main experts in this burgeoning field to put together what is perhaps the most comprehensive volume to-date dedicated specifically to extraterritorial sanctions. The book provides a useful tour d'horizon, mapping different regional perspectives on extraterritorial sanctions, and addressing their legality and impact on companies and individuals in a structured manner. Leaving no stone unturned, the book will be of significant value to scholars, practitioners and policy-makers alike.' -- Tom Ruys, Ghent University, BelgiumTable of ContentsContents: 1 An introduction to unilateral and extraterritorial sanctions: definitions, state of practice and contemporary challenges 1 Charlotte Beaucillon PART I CONTEMPORARY STATE PRACTICE 2 Unilateral and extraterritorial sanctions in crisis: implications of their rising use and misuse in contemporary world politics 19 Erica Moret 3 South Africa’s position and practice with regard to unilateral and extraterritorial coercive sanctions 37 Hennie Strydom 4 From pessimism to accommodation: India’s stand and practice on unilateral sanctions 55 Rishika Chauhan 5 China’s position and practice concerning unilateral sanctions 70 Congyan Cai 6 Unilateral and extraterritorial sanctions policy: the Russian dimension 90 Ivan N. Timofeev 7 The European Union’s position and practice with regard to unilateral and extraterritorial sanctions 110 Charlotte Beaucillon 8 The US position and practice with regards to unilateral and extraterritorial sanctions: reimagining the US sanctions regime in a world of advanced technology 129 Zachary Goldman and Alina Lindblom PART II REGIME UNDER INTERNATIONAL LAW 9 Articulating UN sanctions with unilateral restrictive measures 148 Jean-Marc Thouvenin 10 Unilateral/extraterritorial sanctions as a challenge to the theory of jurisdiction 164 Yann Kerbrat 11 Unilateral sanctions as a challenge to the law of state responsibility 185 Alexandra Hofer 12 Unilateral and extraterritorial sanctions and international investment law 203 Sabrina Robert-Cuendet 13 Contemporary blocking statutes and regulations in the face of unilateral and extraterritorial sanctions 220 Daniel Ventura 14 Challenging unilateral and extraterritorial sanctions under international economic law: exploring leads at the WTO and the OECD 238 Lena Chercheneff PART III IMPACT ON ECONOMIC OPERATORS 15 Corporations and US economic sanctions: the dangers of overcompliance 255 Emmanuel Breen 16 Embedded extraterritoriality: US judicial litigation and the global banking surveillance of digital money flows 269 Grégoire Mallard and Anna Hanson 17 Using extraterritorial sanctions in the fight against financial crime in Latvia: from silver lining to over compliance 287 Ilze Znotiņa and Paulis Iļjenkovs 18 Resisting from the bench: an overview of French and UK courts’ jurisprudence on unilateral and extraterritorial sanctions 305 Marjorie Eeckhoudt 19 International bank settlement in China and unilateral sanctions-related disputes: sources, remedies and procedures 322 Jin Sun 20 Unilateral sanctions through an international arbitration lens: procedural and substantive issues 341 Eric De Brabandere and David Holloway PART IV IMPACT ON HUMAN RIGHTS 21 Unilateral sanctions as unilateral coercive measures: discussing coercion at the UN level 365 Pierre-Emmanuel Dupont 22 From targeted states to affected populations: exploring accountability for the negative impact of comprehensive unilateral sanctions on human rights 384 Ioannis Prezas 23 Due process and unilateral targeted sanctions 404 Anton Moiseienko 24 The right to be protected from the criminal enforcement of extraterritorial sanctions: lessons learned from the Huawei case 423 Muriel Ubéda-Saillard 25 Horizontal sanctions regimes: targeted sanctions reconfigured? 440 Clara Portela Index
£210.00
Edward Elgar Publishing Ltd Animal Welfare and International Trade Law: The
Book SynopsisThis thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights.Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.Trade Review‘This book provides the broad and rich social, legal, cultural, and economic context needed to examine the growing presence of animal welfare as a concern of international law. The author has identified the Seal case of the WTO as a tipping point for the realization of animal welfare as a legitimate topic within international law. In doing so the author provides a comprehensive scholarly discussion of basic questions such as what is international law and how does it arise?’ -- David Favre, Michigan State University, USTable of ContentsContents 1. Introduction to Animal Welfare and International Trade Law 2. The sea change of seal products 3. Legal theory, international law, and animal welfare 4. Global animal law 5. The international trade regime 6. Before Seal Products : trade, conservation, and animal welfare 7. The Seal Products case 8. New trade agreements and animal welfare 9. Conclusion to Animal Welfare and International Trade Law Index
£88.00
Edward Elgar Publishing Ltd Public Procurement
Book SynopsisPublic procurement is big business. International organisations and governments at national, regional, state and city levels are major buyers of goods and services. However, public procurement is a relatively under-researched and new discipline, which, uniquely, brings together contributions from the fields of economics and law.This two-volume set presents some of the major contributions in the field. It includes papers on outsourcing versus internal provision; public procurement and the role of competition and transparency; corruption; public procurement as a tool of industrial, social and environmental policy; public procurement as a trade barrier and its regulation under international trade agreements; and enforcing public procurement rules.Trade Review'The editors have produced an excellent contribution to the academic literature of public procurement.' -- Christopher Bovis, Common Market Law Review'The collection opens with a good summary of both parts and gives a useful overview of the main themes of the collection, which enables the reader to dip in and out effectively.' -- Rosemary Boyle, The Cambridge Law Journal'For the student needing to become ridiculously well-read in the subject this is likely to be a useful source of secondary research.' -- Andy Davies, Supply ManagementTable of ContentsContents: Volume I Acknowledgements Introduction Sue Arrowsmith and Keith Hartley PART I OUTSOURCING VERSUS INTERNAL PROVISION 1. Oliver E. Williamson (1979), ‘Transaction-Cost Economics: The Governance of Contractual Relations’ 2. Simon Domberger and Stephen Rimmer (1994), ‘Competitive Tendering and Contracting in the Public Sector: A Survey’ 3. George A. Boyne (1998), ‘Competitive Tendering in Local Government: A Review of Theory and Evidence’ 4. Robin Milne and Magnus McGee (1992), ‘Compulsory Competitive Tendering in the NHS: A New Look at Some Old Estimates’ 5. Stefan Szymanski and Sean Wilkins (1993), ‘Cheap Rubbish? Competitive Tendering and Contracting Out in Refuse Collection – 1981–88’ PART II THE APPROACH TO PROCUREMENT IN THE PUBLIC SECTOR: COMPETITION AND TRANSPARENCY 6. William Vickrey (1961), ‘Counterspeculation, Auctions, and Competitive Sealed Tenders’ 7. Oliver E. Williamson (1976), ‘Franchise Bidding for Natural Monopolies – in General and with Respect to CATV’ 8. Robert R. Hunja (1998), ‘The UNCITRAL Model Law on Procurement of Goods, Construction and Services and its Impact on Procurement Reform’ 9. Jean Heilman Grier (1998), ‘An Overview of the Japanese Government Procurement System’ 10. David Parker and Keith Hartley (1997), ‘The Economics of Partnership Sourcing versus Adversarial Competition: A Critique’ 11. Steven L. Schooner and Neil S. Whiteman (2000), ‘Purchase Cards and Micro-Purchases: Sacrificing Traditional United States Procurement Policies at the Altar of Efficiency’ PART III CORRUPTION 12. Frederick Stapenhurst and Petter Langseth (1997), ‘The Role of the Public Administration in Fighting Corruption’ 13. Frank Anechiarico and James B. Jacobs (1995), ‘Purging Corruption from Public Contracting: The "Solutions" Are Now Part of the Problem’ 14. William E. Kovacic (1998), ‘The Civil False Claims Act as a Deterrent to Participation in Government Procurement Markets’ 15. Rex J. Zedalis (1997), ‘Internationalizing Prohibitions on Foreign Corrupt Practices: The OAS Convention and the OECD Revised Recommendation’ PART IV PUBLIC PROCUREMENT AS A TOOL OF INDUSTRIAL, SOCIAL AND ENVIRONMENTAL POLICY 16. P.A. Geroski (1990), ‘Procurement Policy as a Tool of Industrial Policy’ 17. P.E. Morris (1990), ‘Legal Regulation of Contract Compliance: An Anglo-American Comparison’ 18. Ron Watermeyer (2000), ‘The Use of Targeted Procurement as an Instrument of Poverty Alleviation and Job Creation in Infrastructure Projects’ 19. Sue Arrowsmith (1995), ‘Public Procurement as an Instrument of Policy and the Impact of Market Liberalisation’ 20. José Maria Fernández Martin and Oliver Stehmann (1991), ‘Product Market Integration versus Regional Cohesion in the Community’ 21. Christopher McCrudden (1999), ‘International Economic Law and the Pursuit of Human Rights: A Framework for Discussion of the Legality of "Selective Purchasing" Laws Under the WTO Government Procurement Agreement’ Name Index Volume II Acknowledgements An introduction by the editors to both volumes appears in Volume I PART 1 PUBLIC PROCUREMENT AS A BARRIER TO TRADE AND ITS REGULATION UNDER INTERNATIONAL TRADE AGREEMENTS 1. Federico Trionfetti (2000), ‘Discriminatory Public Procurement and International Trade’ 2. Andrew Cox (1992), ‘Implementing 1992 Public Procurement Policy: Public and Private Obstacles to the Creation of the Single European Market’ 3. Aaditya Mattoo (1996), ‘The Government Procurement Agreement: Implications of Economic Theory’ 4. Arie Reich (1997), ‘The New GATT Agreement on Government Procurement: The Pitfalls of Plurilateralism and Strict Reciprocity’ 5. Harvey Gordon, Shane Rimmer and Sue Arrowsmith (1998), ‘The Economic Impact of the European Union Regime on Public Procurement: Lessons for the WTO’ 6. Stephen Martin and Keith Hartley (1997), ‘Public Procurement in the European Union: Issues and Policies’ 7. N. Bohan and D. Redonnet (1997), ‘E.U. Procurement Legislation: Does the Emperor Have Clothes? An Examination of the New Empirical Evidence’ 8. Sue Arrowsmith (1998), ‘Towards a Multilateral Agreement on Transparency in Government Procurement’ PART II ENFORCING PUBLIC PROCUREMENT RULES 9. Robert C. Marshall, Michael J. Meurer and Jean-François Richard (1994), ‘Curbing Agency Problems in the Procurement Process by Protest Oversight’ 10. William E. Kovacic (1995), ‘Procurement Reform and the Choice of Forum in Bid Protest Disputes’ 11. Sue Arrowsmith (1996), ‘Public Procurement: Example of a Developed Field of National Remedies Established by Community Law’ 12. José M. Fernández Martin (1993), ‘The European Commission’s Centralised Enforcement of Public Procurement Rules: A Critical View’ 13. Mary Footer (1995), ‘Remedies Under the New GATT Agreement on Government Procurement’ PART III DEFENCE PROCUREMENT 14. William B. Burnett and William E. Kovacic (1989), ‘Reform of United States Weapons Acquisition Policy: Competition, Teaming Agreements, and Dual-Sourcing’ 15. Keith J. Crocker and Kenneth J. Reynolds (1993), ‘The Efficiency of Incomplete Contracts: An Empirical Analysis of Air Force Engine Procurement’ 16. P.G. Pugh (1993), ‘The Procurement Nexus’ 17. William P. Rogerson (1994), ‘Economic Incentives and the Defense Procurement Process’ 18. Martin Trybus (1996), ‘An Overview of Defence Procurement in the Federal Republic of Germany’ 19. Keith Hartley (1998), ‘Defence Procurement in the UK’ 20. Edward G. Keating (1999), ‘Government Contracting Options: A Model and Application’ PART IV CONTRACTING 21. William E. Kovacic (1991), ‘Commitment in Regulation: Defense Contracting and Extensions to Price Caps’ 22. W.A. Peeters (1993), ‘Incentives in Government Procurement Contracts’ 23. Stephen Kahn (1993), ‘Advanced Technology Projects and International Procurement: The Case of the European Space Agency’ PART V DEFENCE INDUSTRY PROFITS 24. Review Board for Government Contracts (1974), Report on the General Review of the Profit Formula for Non-Competitive Government Contracts 25. Willis R. Greer, Jr. and Shu S. Liao (1986), ‘An Analysis of Risk and Return in the Defense Market: Its Impact on Weapon System Competition’ 26. Steven W. Feldman (1988), ‘The Truth in Negotiations Act: A Primer’ 27. Jeffrey A. Sorenson (1989), ‘Are Defense Industry Profits Excessive? A Capital Market Perspective’ 28. Frank R. Lichtenberg (1992), ‘A Perspective on Accounting for Defense Contracts’ PART VI LIBERALIZATION OF DEFENCE MARKETS IN EUROPE 29. Andrew Cox (1994), ‘The Future of European Defence Policy: The Case for a Centralised Procurement Agency’ 30. Martin Trybus (1998), ‘European Defence Procurement: Towards a Comprehensive Approach’ 31. Stephen Martin, Keith Hartley and Andrew Cox (1999), ‘Defence Procurement of Dual-Use Goods: Is There a Single Market in the European Union?’ Name Index
£603.00
Edward Elgar Publishing Ltd Regional Trading Blocs in the Global Economy: The EU and ASEAN
Book SynopsisThe Asia-Pacific Rim is still potentially one of the most dynamic areas of the global economy, and the European Union (EU) is the world's most prosperous market. The development of relations between the EU and Association of South East Asian Nations (ASEAN) is vitally important for the future economic evolution of both regions. This book traces the relationship between the EU and ASEAN, considering the current and future position of trade relations.After discussing international commerce and trade at the beginning of the twenty-first century, the authors explore regionalism in the global economy and the establishment of regional trade organizations, in particular the EU and ASEAN. They then contrast the direct organization-to-organization approach which has characterized EU-ASEAN relations with that of APEC (Asia Pacific Economic Cooperation). The book concludes with a substantial discussion of the institutional and policy changes that the EU and ASEAN need to enhance their future trading relationship. In addition, the authors offer insights from the EU-ASEAN experience for relations among other regional trade organizations.Regional Trading Blocs in the Global Economy will be welcomed by scholars and students interested in international trade, regional economics, European and Asian studies.Table of ContentsContents: Preface 1. International Commerce in the Twenty-first Century 2. Regionalism in World Trade 3. The Organizations 4. The European Union and ASEAN 5. Implications of APEC for EU–ASEAN Relations 6. Towards a New Era in EU–ASEAN Relations 7. Insights from the EU–ASEAN Experience for Relations among Regional Trade Organizations References Index
£90.00
Edward Elgar Publishing Ltd The Theory of Trade Policy Reform
Book SynopsisThis book presents an authoritative collection of the most important papers previously published by leading scholars in the field of trade policy and its reform.Included are sections on early contributions to the theory of reform, world welfare and trade reform, and reform with quotas and tariffs.Table of ContentsContents Acknowledgements Introduction Carsten Kowalczyk PART I EARLY CONTRIBUTIONS TO THE THEORY OF REFORM 1. W.J. Corlett and D.C. Hague (1953–54), ‘Complementarity and the Excess Burden of Taxation’ 2. J.E. Meade (1955), ‘The Second-Best Arrangement for Trade Control: (2) The Partial Freeing of Trade’ 3. J.E. Meade (1955), ‘The Partial Freeing of Trade: (1) Unilateral Tariff Reductions’ 4. S.A. Ozga (1955), ‘An Essay in the Theory of Tariffs’ 5. Jaroslav Vanek (1965), ‘Global Gains from Restricted Trade in a Two-Country World’ PART II DISTORTIONS: INCOME EFFECTS AND SUBSTITUTABILITY 6. Edward Foster and Hugo Sonnenschein (1970), ‘Price Distortion and Economic Welfare’ 7. Michael Bruno (1972), ‘Market Distortions and Gradual Reform’ 8. P.J. Lloyd (1974), ‘A More General Theory of Price Distortions in Open Economies’ 9. Avinash Dixit (1975), ‘Welfare Effects of Tax and Price Changes’ 10. Takashi Fukushima (1981), ‘A Dynamic Quantity Adjustment Process in a Small Open Economy, and Welfare Effects of Tariff Changes’ PART III RESULTS ON REFORM AND NATIONAL WELFARE 11. Trent J. Bertrand and Jaroslav Vanek (1971), ‘The Theory of Tariffs, Taxes, and Subsidies: Some Aspects of the Second Best’ 12. Tatsuo Hatta (1977), ‘A Recommendation for a Better Tariff Structure’ 13. Takashi Fukushima (1979), ‘Tariff Structure, Nontraded Goods and Theory of Piecemeal Policy Recommendations’ 14. John C. Beghin and Larry S. Karp (1992), ‘Piecemeal Trade Reform in Presence of Producer-Specific Domestic Subsidies’ 15. Ramón López and Arvind Panagariya (1992), ‘On the Theory of Piecemeal Tariff Reform: The Case of Pure Imported Intermediate Inputs’ PART IV WORLD WELFARE AND TRADE REFORM 16. Jaroslav Vanek (1964), ‘Unilateral Trade Liberalization and Global World Income’ 17. Tatsuo Hatta and Takashi Fukushima (1979), ‘The Welfare Effect of Tariff Rate Reductions in a Many Country World’ 18. Carsten Kowalczyk (1989), ‘Trade Negotiations and World Welfare’ 19. Takashi Fukushima and Namdoo Kim (1989), ‘Welfare Improving Tariff Changes’ 20. Michael Keen (1989), ‘Multilateral Tax and Tariff Reform’ PART V COALITIONS, WELFARE, AND TRADE REFORM 21. J.E. Meade (1955), ‘The Partial Freeing of Trade: (2) Discriminatory and Preferential Tariff Reductions’ 22. Carsten Kowalczyk (2000), ‘Welfare and Integration’ PART VI QUOTAS, TARIFFS, AND REFORM 23. W. Max Corden and Rodney E. Falvey (1985): ‘Quotas and the Second Best’ 24. Rodney E. Falvey (1988), ‘Tariffs, Quotas and Piecemeal Policy Reform’ 25. James E. Anderson and J. Peter Neary (1992), ‘Trade Reform with Quotas, Partial Rent Retention, and Tariffs’ PART VII REFORM WITH GOVERNMENT PRODUCTION AND REVENUE 26. Kenzo Abe (1992), ‘Tariff Reform in a Small Open Economy with Public Production’ 27. Rod Falvey (1994), ‘Revenue Enhancing Tariff Reform’ PART VIII REFORM IN MULTI-HOUSEHOLD ECONOMIES 28. Roger Guesnerie (1977), ‘On the Direction of Tax Reform’ 29. W.E. Diewert (1978), ‘Optimal Tax Perturbations’ 30. John A. Weymark (1979), ‘A Reconciliation of Recent Results in Optimal Taxation Theory’ 31. W.E. Diewert, A.H. Turunen-Red, and A.D. Woodland (1989), ‘Productivity- and Pareto-Improving Changes in Taxes and Tariffs’ 32. Arja H. Turunen-Red and Alan D. Woodland (1991), ‘Strict Pareto- Improving Multilateral Reforms of Tariffs’ Name Index
£233.00
Edward Elgar Publishing Ltd The World Trade Organization in the New Global
Book SynopsisDespite the disruption of the multilateral trade talks at Seattle in December 1999, the work of the World Trade Organization (WTO) continues. The trade and investment issues that have been outstanding since the Seattle events are explored in this far reaching book. The distinguished contributors combine several analytical approaches for a comprehensive assessment of the trends, problems and opportunities demanding attention in international trade negotiations.The authors discuss the principle items on the agenda for a renewed round of WTO talks, and also examine issues concerning the treatment of foreign direct investment, urging trade policymakers to adopt measures that will enhance flows of such investment, as these contribute to trade expansion. US, European and Japanese interests and perspectives are considered. The authors believe that cooperative management of international trade and investment issues could introduce greater harmony in the world trading system and overcome fears about the disruptive consequences of increased market openness. The self appointed roles of Non Government Organizations (NGOs) are examined, with emphasis on the primary responsibilities of governments as representatives of their nations.By bringing together the extensive results of research by economists, international management experts and political scientists, this book will be of immense worth to trade policymakers, policy research institutes, consulting firms, and academic communities. Of particular value will be the volume's discussions of international competition policy problems.Table of ContentsContents: Foreword Preface 1. The World Trade Organization and the International Political Economy 2. Institutional Development of the WTO 3. Agenda Setting for a Millennial Round: Challenges and Opportunities 4. Corporations and Structural Linkages in World Commerce 5. Triad Policy Interdependencies in the WTO 6. The USA in the WTO 7. The EU in the WTO 8. Japan in the WTO 9. Openness, Growth and Development: Trade and Investment Issues 10. Designing a Market Enhancing WTO 11. The World Trading System: Collective Management Potentials Index
£111.00
Edward Elgar Publishing Ltd Economic Analysis for International Trade
Book SynopsisTrade negotiations are complex interactive processes that bring a combination of existing trade law, the pleadings of special interests and economic theory together in the give and take of compromise, bluff and strategic alliances.Trade disputes involving food and other agricultural products - controversial subjects such as genetically modified foods and Creutzfeldt-Jakob disease - are the subject of newspaper headlines almost daily. As developing countries demand improved access to European and US markets for their products, international trade has moved into a new era and is now at the heart of trade negotiations.Economic Analysis for International Trade Negotiations provides an analytical framework in which to examine the complex economic issues which arise in international trade negotiations. This framework is developed using examples arising from current contentious issues in the international trade in agricultural products including market access, subsidies, non-tariff barriers, health regulations and biotechnology. The volume concludes with a discussion on the future of trade.Providing a link between economic theory and the WTO, this comprehensive volume will be of great interest to academics specialising in international trade, international relations, agri-business and international business.Trade Review'This book has much to commend itself to those interested in the intricacies of trade negotiations, particularly in agriculture.' -- Jaleel Ahmad, The Journal of International Trade and Economic Development'I believe the authors have the merit of providing a unique and useful textbook for an undergraduate class.' -- Giovanni Anania, European Review of Agricultural Economics'This book is well written and presented in an attractive style . . . deserves a place on the shelves of all serious students of agricultural trade negotiations and the functioning of the WTO.' -- Ken Ingersent, Journal of Agricultural Economics'. . . the book is welcome for bringing together and discussing much of the history and current issues surrounding the WTO and agriculture. Many of the arguments presented are particularly relevant to Australia and New Zealand. It is accessible compared with many other books addressing similar subject matter, and would be of value for a policy analyst who wishes to obtain a quick grasp of issues and theory behind some policy mechanisms. The book would also be useful as a supplementary text for a level two or three course in international trade.' -- Caroline Saunders, The Australian Journal of Agriculture and Resource Economics'This book provides an exceptionally lucid economic analysis of the benefits and losses - the gainers and the losers - from liberalization of international trade. The basic analysis is available to those with limited background in economics, with exceptionally clear use of graphic analysis to provide clear conclusions about the effects of increasing trade. The economic specialist also will find much of interest and value. Clear analyses of some of the very difficult issues facing a new round of trade negotiations, with special emphasis on genetically modified products, are presented. The authors make it clear that there are no easy answers to the conflicts that already exist or are likely to exist in the future with respect to such products. Labelling is a superior alternative to embargoes, but labelling may involve substantial costs for many food products and the costs could exceed reasonable estimates of the benefits. But with our present state of knowledge, the estimation of benefits is subject to great uncertainty. The probable negotiating positions of the major participants in a new round of negotiations are delineated with both clarity and fairness. It seems obvious that if the negotiations deal solely with agriculture that the prospects for success are limited; some liberalization of agricultural trade probably can occur only if the negotiations cover the full range of international trade. In negotiations on agricultural trade, governments give very little weight to the interests of the major beneficiaries of lowering trade barriers, namely the consumers.' -- D. Gale Johnson, University of Chicago, USTable of ContentsContents: Preface 1. Introduction to the Issues 2. Modelling Trade for Policy Analysis 3. Unfinished Business 4. New Challenges 5. Trade in the 21st Century References Index
£94.00
Edward Elgar Publishing Ltd Globalization and the Environment: Risk
Book SynopsisThe WTO has laid the foundations for a new era of trade relations, and increased trade liberalization has improved global efficiency in production and consumption. The strengthening of trade rules, however, has increased the scope for disputes over interpretations of more extensive and complicated agreements, and has spilt over into environmental and scientific matters. One of the unforeseen consequences of the WTO agreements has been controversy over risk. This volume explores aspects of risk with special reference to the WTO, where national instruments to reduce risk may conflict with international trade rules.The book is divided into sections dealing with: accounting for risk in trade agreements risk and the WTO managing risk in policy making negotiating experience with risk national risks and quarantine standards managing biotechnology. The chapters offer many perspectives on risk assessment and benefit from a rich diversity of approaches as befits contributions from authors with backgrounds in law, economics, political science and environmental and natural science as well as policy making.Globalization and the Environmentis a fascinating book that will draw its readership from these fields.Trade Review'There are two good reasons to read Robertson and Kellow's book on the WTO. First, the book offers a unique opportunity to get an inside, to learn how the WTO itself conceives of its role in environmental matters and of the criticism put forward by the anti-globalization movement. Secondly, individual chapters in the book extensively deal with topics relevant to international environmental negotiations from a WTO perspective: the role of risk in multi-lateral environmental agreements, risk communication and biotechnology, and GM food and global trade.' -- Hein-Anton van der Heijden, Environment Politics'As becomes clearer each day, the new global trade regime of the WTO is radically different in fundamental respects from its predecessor, the GATT. This book presents a most intriguing and innovative perspective on a cross-cutting issue of increasing importance: risk assessment. How will risk assessment and risk management affect the evolution of the multilateral rules-based system? Read this book and start thinking about it.' -- Sylvia Ostry, University of Toronto and Munk Centre for International Studies, CanadaTable of ContentsContents: Preface Part I: Risk and the WTO Part II: Managing Risk in Policy Making Part III: Negotiating Experience with Risk Part IV: National Risks and Quarantine Standards Part V: Managing Biotechnology Part VI: Concluding Summary Appendix Index
£105.00
Edward Elgar Publishing Ltd Globalisation Under Threat: The Stability of
Book SynopsisThe events in Seattle and other cities around the world demonstrate that globalisation and trade liberalisation are currently under severe pressure. There are also reasons to believe that these pressures are being translated into measures to increase the protection of domestic markets. This book addresses what are arguably the four most important origins of these pressures: macroeconomic conditions, labour policy, trade and the environment, and market imperfections.The authors first address the role of macroeconomic conditions and policies, and demonstrate how these can have a crucial role in explaining 'slippages' of trade policy. The second origin of instability is labour policy, in particular the pressures to introduce universal labour standards. The third economic origin the book considers is the relationship between trade and the environment and the attempts to link trade policies to environmental standards. The fourth origin of protectionist pressure comes from the presence of various market imperfections and the extent to which they affect competition. The authors conclude that multilateral agreements can be extremely helpful in creating the right environment for equitable trade policies, but warn that complete success can only be achieved once major hurdles are overcome in the highly controversial and politically sensitive areas of labour, environment and competition.Offering a unique perspective on the threat to globalisation, this book should be widely read by students, practitioners and policymakers in the spheres of international trade, transition and development studies, and competition, labour and environmental economics.Table of ContentsContents: Preface and Acknowledgements Introduction: The Stability of Trade Policy and Multilateral Agreements Part I: Trade and Macroeconomic Policy 1. Exchange Rate Overvaluation and Trade Protection: Lessons from Experience 2. Macroeconomic Conditions and Import Surcharges in Selected Transition Economies Part II: Trade and Labour 3. Trade-Labour Link: A Post-Seattle Analysis 4. Paved with Good Intentions: Social Dumping and Raising Labour Standards in Developing Countries Part III: Trade, Environment and Competition 5. Reforming Environmental Policy: Harmonisation and the Limitation of Diverging Environmental Policies 6. The Relationship Between International Trade Policy and Competition Policy Part IV: Multilateral Agreements 7. European Lessons for Multilateral Economic Integration: A Cautionary Tale Index
£100.00
