Public international law: economic and trade Books
Edward Elgar Publishing Ltd Trade Liberalization, Competition and the WTO
Book SynopsisThe prospective WTO Millennium Round of negotiations will highlight critical economic issues regarding the application and implementation of the WTO rules to international trade in goods and services. In this book, a distinguished group of academic experts considers the agenda and areas of interest for the next Round in light of Seattle, the functions of the WTO and competition policy issues arising from trade liberalization. This is followed by a focus on a wide range of WTO-specific economic issues and debates, including: state trading and state aids regional integration agriculture, including the EU-US banana dispute international investment patents financial services. Trade Liberalization, Competition and the WTO will be of interest to academics and policymakers as well as students of international economics and global trade reform.Table of ContentsContents: 1 Introduction: the GATT Uruguay Round, trade liberalization and the WTO Chris Milner and Robert Read PART I TRADE LIBERALIZATION 2 Multilateral market access negotiations in goods and services Sam Laird 3 Agricultural trade reform after the Asian recession: a bridge too far? Rod Tyers and Yongzheng Yang 4 The implications of the General Agreement on Trade in Services (GATS) for the banking sector in the Gulf Region Victor Murinde and Cillian Ryan 5 Options for regional integration in Southern Africa David Evans PART II COMPETITION 6 Trade and competition in the new WTO Round Peter Holmes 7 New rules for international investment: the case for a multilateral agreement on investment (MAI) at the WTO Alan M. Rugman 8 Trade liberalization and state aid in the European Union David Collie 9 State trading, agriculture and the WTO Steve McCorriston and Donald MacLaren PART III THE WORLD TRADE ORGANIZATION 10 The WTO agenda and the developing countries Sam Laird 11 The EU–US WTO banana dispute and the evolution of the EU banana trade regime Robert Read 12 The influence of the WTO on patenting activities in China Derek Bosworth and Deli Yang Index
£116.00
Edward Elgar Publishing Ltd The WTO, Intellectual Property Rights and the
Book SynopsisThis comprehensive collection brings together major articles written by leading economists, political scientists and legal scholars to analyse the complexities of the modern global system of intellectual property rights (IPRs) and its relationship with the WTO. The papers selected consider the role of IPRs in the knowledge economy, itself a force for rapid globalisation. They first place IPRs into context as a trade issue and their controversial role within the WTO. Several articles analyse the ability of IPRs to encourage innovation and support markets, emphasising controversial problems in developing countries: special attention is given to the role of patents in biodiversity and essential medicines. Additional contributions provide important theoretical and empirical perspectives on the economics of IPRs in the global economy, including effects on trade, investment, innovation, growth, and technology policies. This authoritative volume will be an important source of reference for scholars and policymakers seeking to understand the development and trade impacts of intellectual property protection.Trade Review'The overall issues addressed in the compendium cover most relevant aspects and provide a stimulus for further investigation. Hence, the selection is excellent.' -- Alexander Cuntz, Science and Public Policy'More than any other part of the Uruguay Round (1986-94), the TRIPS Agreement took the GATT/WTO system - and the global economy - into new and uncharted waters. Both the negotiations leading to the Agreement and the controversies since the signing have stimulated economists, lawyers and other scholars to explore the many facets of the globalization of intellectual property rights. Professor Maskus has done a superb job of selecting from the extensive literature 21 articles covering the key issues (he also provides a very useful Introduction). The resulting comprehensive volume is certain to be a key reference work for anyone interested in intellectual property rights, the multilateral trading system, economic development, North/South relations, innovation and related fields.' -- Richard Blackhurst, Editor, World Trade Review and Director of Economic Research, GATT/WTO Secretariat, 1985-97, Graduate Institute of International Studies, Switzerland'This collection, edited by one of the leading scholars in the field, provides a broad-based introduction to the economic and legal issues raised by TRIPs and the accompanying globalization of intellectual property law. It ranges from accessible, policy-oriented essays to cutting edge technical papers. Scholars, students and policymakers with an interest in intellectual property issues should find the collection to be an invaluable reference.' -- Alan Sykes, University of Chicago, USTable of ContentsContents: Acknowledgements Introduction Keith E. Maskus PART I THE WTO AND INTELLECTUAL PROPERTY RIGHTS 1. Carlos A. Primo Braga (1996), ‘Trade-related Intellectual Property Issues: The Uruguay Round Agreement and its Economic Implications’ 2. Arvind Panagariya (1999), ‘TRIPs and the WTO: An Uneasy Marriage’ 3. Keith E. Maskus (2002), ‘Regulatory Standards in the WTO: Comparing Intellectual Property Rights with Competition Policy, Environmental Protection, and Core Labor Standards’ 4. Susan K. Sell (2003), ‘Life After TRIPS – Aggression and Opposition’ PART II ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS 5. Stanley M. Besen and Leo J. Raskind (1991), ‘An Introduction to the Law and Economics of Intellectual Property’ 6. Roberto Mazzoleni and Richard R. Nelson (1998), ‘Economic Theories about the Benefits and Costs of Patents’ 7. John H. Barton (1993), ‘Adapting the Intellectual Property System to New Technologies’ 8. Nancy T. Gallini and Michael J. Trebilcock (1998), ‘Intellectual Property Rights and Competition Policy: A Framework for the Analysis of Economic and Legal Issues’ PART III CONTROVERSIES SURROUNDING INTELLECTUAL PROPERTY RIGHTS AND ECONOMIC DEVELOPMENT 9. Carlos A. Primo Braga, Carsten Fink and Claudia Paz Sepulveda (2000), ‘Intellectual Property Rights and Economic Development’ 10. Graham Dutfield (2002), ‘Sharing the Benefits of Biodiversity: Is there a Role for the Patent System?’ 11. Julio J. Nogués (1993), ‘Social Costs and Benefits of Introducing Patent Protection for Pharmaceutical Drugs in Developing Countries’ 12. F.M. Scherer and Jayashree Watal (2002), ‘Post-Trips Options for Access to Patented Medicines in Developing Nations’ PART IV THEORETICAL ANALYSIS OF GLOBAL IPRs 13. Ishac Diwan and Dani Rodrik (1991), ‘Patents, Appropriate Technology, and North-South Trade’ 14. Kresimir Zigic (2000), ‘Strategic Trade Policy, Intellectual Property Rights Protection, and North-South Trade’ 15. Amy Jocelyn Glass and Kamal Saggi (2002), ‘Intellectual Property Rights and Foreign Direct Investment’ 16. Edwin L.-C. Lai and Larry D. Qiu (2003), ‘The North’s Intellectual Property Rights Standard for the South?’ PART V EMPIRICAL ANALYSIS OF GLOBAL IPRs 17. Keith E. Maskus and Mohan Penubarti (1995), ‘How Trade-related are Intellectual Property Rights?’ 18. Pamela J. Smith (2001), ‘How Do Foreign Patent Rights Affect U.S. Exports, Affiliate Sales, and Licenses?’ 19. Mariko Sakakibara and Lee Branstetter (2001), ‘Do Stronger Patents Induce More Innovation? Evidence from the 1988 Japanese Patent Law Reforms’ 20. Phillip McCalman (2001), ‘Reaping What You Sow: An Empirical Analysis of International Patent Harmonization’ 21. David M. Gould and William C. Gruben (1996), ‘The Role of Intellectual Property Rights in Economic Growth’ Name Index
£284.00
Edward Elgar Publishing Ltd The WTO and Labor and Employment
Book SynopsisThe steady progress of global economic integration and trade-policy liberalization facilitated by the GATT and WTO over the past half-century has been accompanied by persistent warnings of the consequences for wages, employment and working conditions. Indeed, over the last decade, labor interests in the west have sought to slow the pace of international trade negotiations, seeking some protections in the WTO Charter itself and in individual trade agreements.The central focus of this collection is to provide the reader access to the seminal papers analyzing the accommodation of labor interests within the WTO. This comprehensive volume establishes an understanding of the interaction between global goods, capital and labor markets and the national government institutions that regulate their function. In selecting papers for this volume, the editors have identified the most important contributions to the debate.Trade Review'. . . this "reader" is a most welcome reference collection for a broad range of stakeholders - governments, employers' organisations, trade unions, international organisations and academics. Containing some 30 academic papers by well-known scholars published between 1996 and 2006, it provides a comprehensive coverage of the issues at stake. . . This voluminous book contains a treasure of knowledge that could help all stakeholders in industrialised and developing economies to devise better policies related to a more socially acceptable globalisation and improve the understanding of the underpinnings and roles of the ILO and the WTO.' -- Hedva Sarfati, Transfer (European Review of Labour Research)'This volume focuses on two key public concerns related to globalization. Does the freer international flow of goods, services and capital worsen working conditions for social groups most deserving of economic protection such as child labor and low-wage workers generally? Does introducing mandatory labor standards in international trade agreements improve the economic welfare of these groups? Brown and Stern have brought together an outstanding set of readings that inform these issues at both the analytical and empirical levels. Their volume will be a standard reference not only for formal courses covering international economic matters but for individuals interested in becoming knowledgeable about one of the most important international economic policy issues of our times.' -- Robert Baldwin, University of Wisconsin, USTable of ContentsContents: Acknowledgements Introduction Drusilla K. Brown and Robert M. Stern PART I INTRODUCTION AND OVERVIEW 1. Alan V. Deardorff and Robert M. Stern (2002), ‘What You Should Know About Globalization and the World Trade Organization’ PART II TRADE, WAGES AND LABOR MARKETS: HISTORICAL EVIDENCE AND CONTEMPORARY EXPERIENCE 2. Kevin H. O’Rourke and Jeffrey G. Williamson (2005), ‘From Malthus to Ohlin: Trade, Industrialisation and Distribution Since 1500’ 3. Robert C. Feenstra and Gordon H. Hanson (2003), ‘Global Production Sharing and Rising Inequality: A Survey of Trade and Wages’ 4. Sandra E. Black and Elizabeth Brainerd (2004), ‘Importing Equality? The Impact of Globalization on Gender Discrimination’ 5. Eric V. Edmonds and Nina Pavcnik (2006), ‘International Trade and Child Labor: Cross-Country Evidence’ 6. Ann Harrison and Jason Scorse (2004), ‘Globalization’s Impact on Compliance with Labor Standards’ PART III INTERNATIONAL TRADE AND THE RACE TO THE BOTTOM IN CORE-LABOR PROTECTION 7. Will Martin and Keith E. Maskus (2001), ‘Core Labor Standards and Competitiveness: Implications for Global Trade Policy’ 8. Matthias Busse (2002), ‘Do Labor Standards Affect Comparative Advantage in Developing Countries?’ 9. Drusilla K. Brown, Alan V. Deardorff and Robert M. Stern (1996), ‘International Labor Standards and Trade: A Theoretical Analysis’ 10. Dani Rodrik (1998), ‘Why Do More Open Economies Have Bigger Governments?’ 11. Michael Huberman and Wayne Lewchuk (2003), ‘European Economic Integration and the Labour Compact, 1850–1913’ 12. David Kucera (2002), ‘Core Labour Standards and Foreign Direct Investment’ PART IV LABOR PROTECTIONS IN INTERNATIONAL TRADE NEGOTIATIONS 13. Drusilla K. Brown (2001), ‘Labor Standards: Where Do They Belong on the International Trade Agenda?’ 14. Stanley L. Engerman (2003), ‘The History and Political Economy of International Labor Standards’ 15. Kyle Bagwell and Robert W. Staiger (2001), ‘Domestic Policies, National Sovereignty, and International Economic Institutions’ 16. Nuno Limão (2005), ‘Trade Policy, Cross-Border Externalities and Lobbies: Do Linked Agreements Enforce More Cooperative Outcomes?’ 17. Josh Ederington (2002), ‘Trade and Domestic Policy Linkage in International Agreements’ PART V MARKET-BASED MECHANISMS PROTECTING LABOR RIGHTS 18. Kimberly Ann Elliott and Richard B. Freeman (2003), ‘Vigilantes and Verifiers’ 19. Dara O’Rourke (2003), ‘Outsourcing Regulation: Analyzing Nongovernmental Systems of Labor Standards and Monitoring’ Name Index
£290.00
Edward Elgar Publishing Ltd The WTO and Anti-Dumping
Book SynopsisThis two-volume set contains a careful selection of the most significant papers on anti-dumping. These important articles have not only shaped the policy debate in this area but have also substantially influenced how we think about the use and role of anti-dumping in trade relations today. After an initial look at some classic articles, the collection provides an overview of the past two decades of academic research on this subject. The contributions are both empirical and theoretical with the emphasis being on the economic rather than the legal analysis involved. The volumes make these papers easily accessible to a wide audience, including academics, policymakers and all those concerned with anti-dumping issues.Table of ContentsContents: Volume I Acknowledgements Introduction Douglas R. Nelson and Hylke Vandenbussche PART I EXPLAINING DUMPING: CLASSIC REFERENCES 1. Jacob Viner (1923), ‘The Definition of Dumping’, ‘The Classification of Dumping’, ‘The Influence of Dumping on Prices in the Dumping Country’, ‘The Consequences of Dumping to the Importing Country’ and ‘Ordinary Protective Tariffs as Safeguards against Dumping’ 2. Theodore O. Yntema (1928), ‘The Influence of Dumping on Monopoly Price’ 3. Joan Robinson (1933), ‘Price Discrimination’ and ‘The Moral of Price Discrimination’ 4. Gottfried von Haberler (1936), ‘Dumping, Cartels, Monopolies, and Export Bounties’ PART II EXPLAINING DUMPING: MODERN ANALYSIS 5. James Brander and Paul Krugman (1983), ‘A “Reciprocal Dumping” Model of International Trade’ 6. Wilfred J. Ethier (1982), ‘Dumping’ 7. James E. Anderson (1992), ‘Domino-Dumping I: Competitive Exporters’ 8. Richard H. Clarida (1993), ‘Entry, Dumping, and Shakeout’ PART III ECONOMIC EFFECTS OF DUMPING 9. Richard Boltuck (1991), ‘Assessing the Effects on the Domestic Industry of Price Dumping’ 10. Robert D. Willig (1998), ‘Economic Effects of Antidumping Policy’ 11. Kenneth H. Kelly and Morris E. Morkre (1998), ‘Do Unfairly Traded Imports Injure Domestic Industries?’ PART IV ECONOMIC EFFECTS OF ANTI-DUMPING 12. J. Michael Finger (1992), ‘Dumping and Antidumping: The Rhetoric and the Reality of Protection in Industrial Countries’ 13. Michael P. Leidy and Bernard M. Hoekman (1990), ‘Production Effects of Price- and Cost-based Anti-dumping Laws under Flexible Exchange Rates’ 14. Robert W. Staiger and Frank A. Wolak (1992), ‘The Effect of Domestic Antidumping Law in the Presence of Foreign Monopoly’ 15. James D. Reitzes (1993), ‘Antidumping Policy’ 16. Simon P. Anderson, Nicolas Schmitt and Jacques-François Thisse (1995), ‘Who Benefits from Antidumping Legislation?’ 17. Michael P. Gallaway, Bruce A. Blonigen and Joseph E. Flynn (1999), ‘Welfare Costs of the U.S. Antidumping and Countervailing Duty Laws’ 18. Hylke Vandenbussche, Reinhilde Veugelers and Jozef Konings (2001), ‘Unionization and European Antidumping Protection’ PART V INDUSTRY STUDIES OF THE IMPACT OF ANTI-DUMPING 19. Stefanie Lenway, Kathleen Rehbein and Laura Starks (1990), ‘The Impact of Protectionism on Firm Wealth: The Experience of the Steel Industry’ 20. Robert W. Staiger and Frank A. Wolak (1994), ‘Measuring Industry-Specific Protection: Antidumping in the United States’ 21. Corinne M. Krupp and Patricia S. Pollard (1996), ‘Market Responses to Antidumping Laws: Some Evidence from the U.S. Chemical Industry’ Name Index Volume II Acknowledgements An introduction by the editors to both volumes appears in Volume I PART I VERTICAL INDUSTRY LINKS IN DUMPING AND ANTI-DUMPING 1. Bernard M. Hoekman and Michael P. Leidy (1992), ‘Cascading Contingent Protection’ 2. Robert M. Feinberg and Seth Kaplan (1993), ‘Fishing Downstream: The Political Economy of Effective Administered Protection’ 3. Daniel M. Bernhofen (1995), ‘Price Dumping in Intermediate Good Markets’ PART II ANTI-DUMPING WITH FDI 4. Bruce A. Blonigen and Yuka Ohno (1998), ‘Endogenous Protection, Foreign Direct Investment and Protection-Building Trade’ 5. René A. Belderbos (1997), ‘Anti-dumping and Tariff Jumping: Japanese Firms’ DFI in the European Union and the United States’ 6. Jan I. Haaland and Ian Wooton (1998), ‘Anti-dumping Jumping: Reciprocal Antidumping and Industrial Location’ PART III ANTI-DUMPING AND COMPETITION POLICY 7. Patrick A. Messerlin (1994), ‘Should Anti-dumping Rules be Replaced by National or International Competition Rules?’ 8. Klaus Stegemann (1990), ‘EC Antidumping Policy: Are Price Undertakings a Legal Substitute for Illegal Price Fixing?’ 9. Reinhilde Veugelers and Hylke Vandenbussche (1999), ‘European Anti-dumping Policy and the Profitability of National and International Collusion’ 10. Hyun Ja Shin (1998), ‘Possible Instances of Predatory Pricing in Recent U.S. Antidumping Cases’ PART IV IMPLEMENTATION ISSUES IN ANTI-DUMPING 11. Alan O. Sykes (1996), ‘The Economics of Injury in Antidumping and Countervailing Duty Cases’ 12. Edwin Vermulst and Paul Waer (1991), ‘The Calculation of Injury Margins in EC Anti-Dumping Proceedings’ 13. P.K.M. Tharakan, David Greenaway and Joe Tharakan (1998), ‘Cumulation and Injury Determination of the European Community in Antidumping Cases’ 14. Thomas J. Prusa (1992), ‘Why Are So Many Antidumping Petitions Withdrawn?’ PART V POLITICAL ECONOMY OF ANTI-DUMPING: THEORY 15. H. Keith Hall and Douglas Nelson (1992), ‘Institutional Structure in the Political Economy of Protection: Legislated v. Administered Protection’ 16. James E. Anderson (1994), ‘Strategic Lobbying and Antidumping’ 17. B. Peter Rosendorff (1996), ‘Voluntary Export Restraints, Antidumping Procedure, and Domestic Politics’ PART VI POLITICAL ECONOMY OF ANTI-DUMPING: EMPIRICS 18. J.M. Finger, H. Keith Hall and Douglas R. Nelson (1982), ‘The Political Economy of Administered Protection’ 19. Wendy L. Hansen and Thomas J. Prusa (1997), ‘The Economics and Politics of Trade Policy: An Empirical Analysis of ITC Decision Making’ 20. Wendy L. Hansen and Kee Ok Park (1995), ‘Nation-State and Pluralistic Decision Making in Trade Policy: The Case of the International Trade Administration’ 21. P.K.M. Tharakan and J. Waelbroeck (1994), ‘Antidumping and Countervailing Duty Decisions in the E.C. and in the U.S.: An Experiment in Comparative Political Economy’ 22. Angelika Eymann and Ludger Schuknecht (1996), ‘Antidumping Policy in the European Community: Political Discretion or Technical Determination’ 23. Michael M. Knetter and Thomas J. Prusa (2003), ‘Macroeconomic Factors and Antidumping Filings: Evidence from Four Countries’ PART VII THE WTO: SPREAD OF ANTI-DUMPING AND CONTROL OF ANTI-DUMPING 24. J. Michael Finger and Kwok-Chiu Fung (1994), ‘Will GATT Enforcement Control Antidumping?’ 25. Thomas J. Prusa (2001), ‘On the Spread and Impact of Anti-dumping’ 26. Robert E. Baldwin (1998), ‘Imposing Multilateral Discipline on Administered Protection’ Name Index
£529.00
Edward Elgar Publishing Ltd Free Trade in the Americas: Economic and
Book SynopsisThis book examines the Free Trade Area of the Americas (FTAA), an ambitious venture in regional market integration which builds on the principles of the North American Free Trade Agreement. It assesses the long-term corporate and public policy measures to cope with the increased monetary, fiscal and structural interdependence that will be required if the benefits of the FTAA are to be realized.The contributors suggest that with enlightened US leadership and the cooperation of Brazil, Mexico and Argentina, the FTAA could eventually match the EU in the world economy and as a multilateral leader. Initiatives to promote a culture of relational cooperation in a system of liberalized global commerce are stressed. In Latin America, there is an urgent need for such cooperation in order to enhance the region's lackluster growth rate and reduce the occurrences and severity of financial crises. The United States, Canada and Mexico will also benefit from the development of dynamic structural links with their regional neighbours. The authors highlight the importance for US policy initiatives to be complemented by constructive and harmonious corporate collaborations. This spirit of alliance capitalism will help ensure the FTAA promotes social justice as well as economic efficiency.This fully integrated volume, written by leading specialists in the field, will become an indispensable source for analysis of the prospects and role of the FTAA in the global economy. It will be warmly welcomed by informed readers such as international business experts, bankers, corporate executives, economists dealing with fiscal and monetary integration, and those interested in Latin American business.Table of ContentsContents: Foreword Preface 1. Potential for Hemispheric Regional Cooperation 2. The Political Economy of Development in Latin America 3. Structural Partnering Potential of the US Economy 4. Economic Integration in North America: Implications for the Americas 5. What Institutional Design for North America? 6. The Future of MERCOSUR 7. The European Experience of Economic Integration 8. Hemispheric Monetary Cooperation 9. Western Hemisphere Energy Development: The Continuing Search for Security 10. Hemispheric Alliance Capitalism and Structural Partnering 11. Developmental Issues Posed by the FTAA 12. The Hemisphere in the International Political Economy Index
£111.00
Edward Elgar Publishing Ltd Research Handbook in International Economic Law
Book SynopsisThis major work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.The book includes extensive coverage of international trade issues, which are generally considered to be the core of international economic law, and focuses on such topics as barriers to trade, dispute settlement, trade and services, regionalism and remedies. It also goes significantly beyond these to look at related areas of the discipline; international investment, including discussion of regulatory issues and private rights of action; intellectual property issues relating to trade; commercial law; legal and economic aspects of international tax and international finance; the closely related areas of trade and international competition policy; international environmental law; and international telecommunications.Providing in many cases a unique interdisciplinary blend of analysis, the Handbook offers a cutting edge approach to international economic law, and an authoritative source of reference for scholars, graduate students and policymakers.Trade Review'Students, practitioners and scholars will find the the research handbook most useful in familiarising themselves with the many topics of international trade regulation and economic law. Written by leading experts in the field, it adds a concise and accessible voice to the growing body of highly specialised publications.' -- Thomas Cottier, University of Beirne, Switzerland'Undertaking a Research Handbook in International Economic Law is an enormous challenge, and I believe the scholars mobilized for this project have fully met that challenge. The selection of topics is comprehensive, the footnotes and bibliographies are careful and copious, and the writing is lucid, understandable by beginners as well as experts. As I go about revising my own treatise on international economic law, the Handbook will be my constant guide.' -- Andreas F. Lowenfeld, New York University, School of Law, US'Despite its rather modest title, the book Research Handbook in International Economic Law edited by Andrew T. Guzman and Alan O. Sykes is a remarkable collection which certainly will be welcomed as an important reference and analytical commentary for even those most knowledgeable about IEL. The editors have marshaled authors and co-authors for fourteen different chapters, covering virtually all the crucial subjects under international economic law. These authors are clearly well chosen for their respective expertise which is manifested in each chapter by describing and analyzing specific subject material with a merged perspective of law, economics and political science. However, this is also indeed a "handbook" in providing in accessible form and limited text length a detailed overview of subjects ranging from the essentials of international economics, to roadmaps for understanding the WTO, dispute settlement, investment, finance, competition, telecommunications and many more. The editors' ambition is truly impressive, and has been admirably realized.' -- John H. Jackson, Georgetown University Law Center, US'This book is an absolute gem. It takes the term international economic law seriously. Unlike any other book that I know of, this Handbook transcends the traditional, narrow focus on public trade law to include private commercial law, investment, competition, tax, IP, finance and international environmental law. In 14 comprehensive chapters, the law, policy and economics of 14 different issue areas are covered. Written by absolute leaders in their field, the Handbook offers an entry point for newcomers in each of those subject matters, yet does so at a level of sophistication, insight and comprehensiveness that should equally delight and enrich specialists.' -- Joost Pauwelyn, Duke University, School of Law, USTable of ContentsContents: Preface 1. International Trade: Barriers to Trade Michael Trebilcock and Michael Fishbein 2. International Trade: Trade Remedies Alan O. Sykes 3. International Trade: Trade in Services Bernard Hoekman and Aaditya Mattoo 4. International Trade: Regionalism Joel P. Trachtman 5. International Trade: Dispute Settlement Henrick Horn and Petros C. Mavroidis 6. International Investment Americo Beviglia Zampetti and Pierre Sauvé 7. International Commercial Law Robert K. Rasmussen 8. The Economic Underpinnings of International Taxation Julie A. Roin 9. International Finance: Rule Choices for Global Financial Markets Hal S. Scott 10. International Competition Law Andrew T. Guzman 11. Intellectual Property Rights in World Trade Frederick M. Abbott 12. Power and Cooperation in International Environmental Law Richard H. Steinberg 13. International Telecommunications Rohan Kariyawasam 14. Private Dispute Resolution in International Economic Law Diane P. Wood Index
£205.00
Edward Elgar Publishing Ltd The International Political Economy of
Book SynopsisThis book investigates the realm of intellectual property rights (IPRs) within the context of international political economy. In particular, it examines the extent to which powerful interest groups, such as pharmaceutical multinational companies, influence the political dynamism underlying the field of IPRs. Meir Perez Pugatch argues that a pure economic approach does not provide a sufficient or satisfactory explanation for the creation of intellectual property rights, most notably patents. The author instead suggests that a dynamic approach, based on the international political economy of interest groups and systemic outcomes, provides a better starting point for explaining how the international intellectual property agenda is determined. The book explores the manner in which the R&D-based pharmaceutical industry in Europe organised and operated between 1995 and 1999 in order to secure its interests with regard to the agreement on trade-related aspects of intellectual property rights (TRIPs) of the World Trade Organisation.The International Political Economy of Intellectual Property Rights will be warmly welcomed by scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law and international business. The potential readership is as likely to come from developed as from developing countries. The latter may find the process of IP policy making of particular interest and relevance given current international IP developments.Trade Review'The TRIPS agreement was the most controversial outcome of the Uruguay Round, and is seen by many informed observers as a poisoned chalice for the WTO. Meir Pugatch examines the European side of the lobbying process that produced it. Everyone interested in how business interests affect and even dominate the formation of public policy should read his study.' -- Brian Hindley, London School of Economics and Political Science, UK'This book is a substantial contribution to the discussion on trade-related intellectual property rights. It provides a clear, step-by-step, in-depth analysis of the TRIPS agreement, particularly as it relates to the European pharmaceutical industry. Politics, law and economics are judiciously blended. Meir Pugatch's work should be read not just by academic experts and students in the field, but also by trade policy and IPR practitioners interested in an accessible, policy-relevant treatment of the issues at hand.' -- Razeen Sally, London School of Economics and Political Science, UKTable of ContentsContents: Preface 1. Introduction 2. The Economic Theory of IPRs (Patents and Trademarks) 3. Economic and Political Explanations for the Emergence of a Stronger International IP System 4. The Advanced Pharmaceutical Industry in Europe and IPRs 5. Core IP Interests and the Organizational Structure of the Advanced Pharmaceutical Industry in Europe 6. TRIPs and Pharmaceuticals 7. Opposition of Developing Countries and LDCs to the TRIPs Pharmaceutical IP Agenda 8. Protecting the International Pharmaceutical IP Agenda of TRIPs: Strategies and Activities of the Advanced Pharmaceutical Industry in Europe between 1995 and 1999 9. The Dynamics of Change within the Framework of IPRs References Annex I: Interviews Index
£110.00
Edward Elgar Publishing Ltd International Economic Law and the Digital
Book SynopsisThis path-breaking book focuses on the WTO, e-commerce and information communications technologies. It sheds light on how international economic law can be used as a tool in the application of technological processes to facilitate development in developing countries.Rohan Kariyawasam begins by looking predominantly at the rise of international digital networks. He offers an introduction to the networks used in the delivery of electronic products and network-based transactions, and the application of WTO law to the sector. He then suggests how developing countries can use economic law and technology to tap digital markets in the developed world. The book also argues that the advance of basic living standards in some developing countries can be achieved through technological processes, but that this cannot happen without such states paying greater attention to the enforcement of economic, social and cultural rights at home. Picking up the property rights debate (including through bilateral trade), the author argues that ensuring beneficial technology transfer will require balancing foreign investor rights to protect intellectual property. It will also involve restrictions imposed by competition law and WTO surveillance to check the possible misuse of market power by multinational companies. The proposed mixture of measures should, he argues, provide incentives for Foreign Direct Investment.Providing a thorough review of the application of WTO law to the telecommunications sector and the regulation of international digital networks, this book will be of great interest to postgraduate students in international economic law and international development law, as well as those interested in human rights law and technology. It will also appeal to government regulators, NGOs and technologists interested in ICTs and development.Trade Review'In this well researched book, the author explains the digital divide and its repercussions for developed and developing nations. In his view, the overzealous disciplining at the WTO-level of instruments affecting trade notwithstanding, developing countries still have important tools in their hands (intellectual property protection, competition policies, tax regimes) that can help them attract foreign direct investment, a crucial ingredient in reducing the current divide. Borrowing from the institutions that we have seen developed in international economic relations is highly recommended as well. In short, whether the divide will continue to persist or, conversely, whether it will gradually become a historical feature of international relations critically depends on the political will on both sides (of the divide). The author makes a persuasive argument to support his thesis, empirically researched and with strong foundations in theory.' -- Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, SwitzerlandTable of ContentsContents: PART I: OVERVIEW 1. Introduction and Book Overview 2. The Rise of International Digital Networks and the Digital Divide PART II: THE REGULATION OF TECHNOLOGY PROCESSES 3. International Telecommunications 4. Overview of the European Framework for Electronic Communications Markets 5. A New Layering Theory for Regulating Communications Networks 6. The Classification of Electronic Goods and Services PART III: DEVELOPING COUNTRIES 7. Developing Countries and Telecommunications 8. Technology Transfer to Developing Countries 9. Bilateralism and Intellectual Property Rights 10. International Development PART IV 11. Conclusion Bibliography Index
£137.00
Edward Elgar Publishing Ltd The WTO, Trade and the Environment
Book SynopsisTrade and environment issues are achieving ever greater prominence in the WTO. This timely volume contains key papers on this important and highly contentious issue.There is a natural linkage between trade and environment through the use of policy instruments. But when does more trade help or hurt the environment? There is clash between the market-opening principles of free trade, as reflected in the WTO, and the environmental quality and market regulating instincts of environmentalists. This volume examines the conceptual issues involved, as well as the manner in which the subject has been handled by the WTO. It will be an invaluable source of reference for students and researchers alike.Trade Review'Trade and environment is a topic on which people hold strong opinions, often based on fundamental misunderstandings. The editors of this volume - both distinguished experts on the subject - have collected an impressive group of papers that provide a framework for improved dialogue. These cover the basic principles, empirical tests of key hypotheses, and evaluations of the most important institutions, drawing from the disciplines of both economics and international law. A welcome resource.' -- Scott Barrett, Johns Hopkins University, US'Of all the issues to have risen up the global agenda in recent years, the link between trade and the environment is the most debated. Debates need sound science and good information. This book provides both. It is an excellent compilation of the salient contributions to this important topic.' -- The late David Pearce, formerly of University College London, UK'This splendid collection of 28 papers brings a wide range of perspectives to bear on the acrimonious debate over the impact of international trade on the global environment. The careful analyses in these papers contribute to a real understanding of the issue in contrast to what is often, unfortunately, simply a clash of ideologies.' -- Wallace E. Oates, University of Maryland, College Park and Resources for the Future, USTable of ContentsContents: Acknowledgements Introduction Trade and the Environment: Seeing Red Over Green Gary Sampson and John Whalley PART I GENERAL LINKAGE DISCUSSION 1. Werner Antweiler, Brian R. Copeland and M. Scott Taylor (2001), ‘Is Free Trade Good for the Environment?’ 2. Hiro Lee and David W. Roland-Holst (1997), ‘Trade and the Environment’ 3. Carlo Perroni and Randall M. Wigle (1994), ‘International Trade and Environmental Quality: How Important are the Linkages?’ 4. Richard H. Snape (1992), ‘The Environment, International Trade and Competitiveness’ 5. Arvind Subramanian (1992), ‘Trade Measures for Environment: A Nearly Empty Box?’ 6. James A. Tobey (1990), ‘The Effects of Domestic Environmental Policies on Patterns of World Trade: An Empirical Test’ 7. John Whalley (1996), ‘Trade and Environment Beyond Singapore’ PART II QUANTIFYING THE DIMENSIONS OF LINKAGE 8. Lisandro Abrego, Carlo Perroni, John Whalley and Randall M. Wigle (2001), ‘Trade and Environment: Bargaining Outcomes from Linked Negotiations’ 9. Lars Bergman (1991), ‘General Equilibrium Effects of Environmental Policy: A CGE-Modeling Approach’ 10. Brian R. Copeland and M. Scott Taylor (1999), ‘Trade, Spatial Separation, and the Environment’ 11. John Whalley (1991), ‘The Interface between Environmental and Trade Policies’ PART III SPECIFIC STUDIES OF LINKAGE 12. John Beghin, David Roland-Holst and Dominique van der Mensbrugghe (1995), ‘Trade Liberalization and the Environment in the Pacific Basin: Coordinated Approaches to Mexican Trade and Environment Policy’ 13. Gene M. Grossman and Alan B. Krueger (1993), ‘Environmental Impacts of a North American Free Trade Agreement’ 14. Hemamala Hettige, Robert E.B. Lucas and David Wheeler (1992), ‘The Toxic Intensity of Industrial Production: Global Patterns, Trends, and Trade Policy’ 15. Patrick Low (1992), ‘Trade Measures and Environmental Quality: The Implications for Mexico’s Exports’ 16. Robert E.B. Lucas, David Wheeler and Hemamala Hettige (1992), ‘Economic Development, Environmental Regulation and the International Migration of Toxic Industrial Pollution: 1960–88’ PART IV INSTITUTIONAL BACKGROUND 17. Jagdish Bhagwati and T.N. Srinivasan (1996), ‘Trade and the Environment: Does Environmental Diversity Detract from the Case for Free Trade?’ 18. Steve Charnovitz (1998), ‘The World Trade Organization and the Environment’ 19. GATT (1992), ‘Trade and the Environment’ PART V SETTLING DISPUTES 20. James Cameron (1998), ‘Dispute Settlement and Conflicting Trade and Environment Regimes’ PART VI WTO AND MULTILATERAL ENVIRONMENT AGREEMENTS 21. Duncan Brack (2000), ‘Multilateral Environmental Agreements: An Overview’ 22. Gary P. Sampson (2001), ‘Effective Multilateral Environment Agreements and Why the WTO Needs Them’ 23. Graham Dutfield (2002), ‘Sharing the Benefits of Biodiversity: Is there a Role for the Patent System?’ PART VII DEVELOPING COUNTRY CONCERNS 24. Arthur E. Appleton (2002), ‘Environmental Labelling Schemes Revisited: WTO Law and Developing Country Implications’ 25. Magda Shahin (2002), ‘Trade and Environment: How Real Is the Debate?’ PART VIII SYSTEMIC 26. Daniel C. Esty (1998), ‘Non-Governmental Organizations at the World Trade Organization: Cooperation, Competition, or Exclusion’ 27. Howard Mann (2000), ‘NAFTA and the Environment: Lessons for the Future’ 28. C. Ford Runge (2001), ‘A Global Environment Organization (GEO) and the World Trading System’ Name Index
£326.00
Edward Elgar Publishing Ltd The Law and Economics of Globalisation: New
Book SynopsisThis inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and international political economy. The authors shed new light on the legal, economic and institutional issues raised by globalisation, extending into areas previously considered as national issues. They discuss how the development of the norms, institutions and reach of the global system will be influenced by the domestic and international concerns arising from the increasing integration of countries in the new century.With contributions from lawyers, economists and other experts in the field, this book will be welcomed by academics, students, researchers, and policymakers who are interested in a comprehensive volume on economic globalisation. It will also appeal to a wider audience, such as executive education courses, as well as business and law schools.Trade Review'The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization.' -- American Society of International Law'This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all academics and policy-makers working on global affairs.' -- Alan Winters, University of Sussex, Chief Economist, UK Department for International Development and Former Head of Research, the World BankTable of ContentsContents: 1. Introduction Linda Yueh PART I: CHALLENGES OF INTERNATIONAL ECONOMIC LAW: WTO AND GLOBAL TRADE 2. The Legitimacy of WTO Thomas Cottier 3. Constitutionalism and the Regulation of International Markets: How to Define the ‘Development Objectives’ of the World Trading System? Ernst-Ulrich Petersmann 4. Negotiation or Litigation? The Curiously Evolving Governance of the WTO Kamala Dawar and Peter Holmes 5. Global Trade Policy in the New Century Razeen Sally PART II: ISSUES CONFRONTING GOVERNANCE AND ENFORCEMENT 6. The Development of IMF and World Bank Conditionality Axel Dreher 7. How Globalisation Improves Governance Federico Bonaglia, Jorge Braga de Macedo and Maurizio Bussolo 8. Intellectual Property Enforcement in a Global Economy: Lessons from the BRIC Nations Robert C. Bird PART III: EVALUATING GLOBALISATION, THE GLOBAL ECONOMY AND ECONOMIC GROWTH 9. Dark Matter. Does it Matter? Graeme Chamberlin 10. Two Scientists for Every Man, Woman and Dog in America? How Sustainable is Globalisation? Raphael Kaplinsky 11. Globalisation of the World Economy: Potential Benefits and Costs and a Net Assessment Michael D. Intriligator 12. International Economic Law and Economic Growth Linda Yueh Index
£124.00
Edward Elgar Publishing Ltd The WTO and Reciprocal Preferential Trading
Book SynopsisThis insightful volume is a careful selection of the major contributions to the controversy as to whether regional trade agreements harm the multilateral system of trade negotiation. It focuses on key topics such as: the theory of preferential trade agreements; regionalism and multilateralism; the effects of regionalism on the multilateral system; the effects of multilateralism on regionalism; rules of origin and empirical analyses. Scholars and practitioners alike will find this an invaluable set of papers.Table of ContentsContents: Acknowledgements Introduction Caroline Freund PART I THE THEORY OF PREFERENTIAL TRADE AGREEMENTS 1. Jacob Viner (1950), ‘The Economics of Customs Unions’ 2. W.M. Corden (1972), ‘Economies of Scale and Customs Union Theory’ 3. Murray C. Kemp and Henry Y. Wan, Jr. (1976), ‘An Elementary Proposition Concerning the Formation of Customs Unions’ 4. Paul Wonnacott and Ronald Wonnacott (1981), ‘Is Unilateral Tariff Reduction Preferable to a Customs Union? The Curious Case of Missing Foreign Tariffs’ PART II THE GATT’S ARTICLE XXIV 5. Richard H. Snape (1993), ‘History and Economics of GATT’s Article XXIV’ PART III OVERVIEW OF REGIONALISM AND MULTILATERALISM 6. J. Bhagwati and A. Panagariya (1999), ‘Preferential Trading Areas and Multilateralism: Strangers, Friends or Foes?’ 7. Arvind Panagariya (2000), ‘Preferential Trade Liberalization: The Traditional Theory and New Developments’ PART IV THE EFFECTS OF REGIONALISM ON THE MULTILATERAL SYSTEM 8. Martin Richardson (1993), ‘Endogenous Protection and Trade Diversion’ 9. Richard E. Baldwin (1995), ‘A Domino Theory of Regionalism’ 10. Arvind Panagariya and Ronald Findlay (1996), ‘A Political-Economy Analysis of Free-Trade Areas and Customs Unions’ 11. Kyle Bagwell and Robert W. Staiger (1997), ‘Multilateral Tariff Cooperation During the Formation of Customs Unions’ 12. Philip I. Levy (1997), ‘A Political-Economic Analysis of Free-Trade Agreements’ 13. Pravin Krishna (1998), ‘Regionalism and Multilateralism: A Political Economy Approach’ PART V THE EFFECTS OF MULTILATERALISM ON REGIONALISM 14. Wilfred J. Ethier (1998), ‘Regionalism in a Multilateral World’ 15. Caroline Freund (2000), ‘Multilateralism and the Endogenous Formation of Preferential Trade Agreements’ PART VI NATURAL TRADE PARTNERS 16. Paul Wonnacott and Mark Lutz (1989), ‘Is There a Case for Free Trade Areas?’ 17. Lawrence H. Summers (1991), ‘Regionalism and the World Trading System’ 18. Paul Krugman (1993), ‘Regionalism versus Multilateralism: Analytical Notes’ 19. Jeffrey Frankel, Ernesto Stein, and Shang-jin Wei (1995), ‘Trading Blocs and the Americas: The Natural, The Unnatural and the Supernatural’ 20. Robert Z. Lawrence (1996), ‘Regionalism and the WTO: Should the Rules Be Changed?’ PART VII RULES OF ORIGIN 21. Anne O. Krueger (1999), ‘Free Trade Agreements as Protectionist Devices: Rules of Origin’ 22. A. Estvadeordal and K. Suominen (2006), ‘Mapping and Measuring Rules of Origin Around the World’ PART VIII EMPIRICAL ANALYSES 23. T.N. Srinivasan, John Whalley and Ian Wooton (1993), ‘Measuring the Effects of Regionalism on Trade and Welfare’ 24. Alexander J. Yeats (1998), ‘Does Mercosur’s Trade Performance Raise Concerns about the Effects of Regional Trade Agreements?’ 25. Faezeh Foroutan (1998), ‘Does Membership in a Regional Preferential Trade Arrangement Make a Country More or Less Protectionist?’ 26. Won Chang and L. Alan Winters (2002), ‘How Regional Blocs Affect Excluded Countries: The Price Effects of MERCOSUR’ 27. Alok K. Bohara, Kishore Gawande and Pablo Sanguinetti (2004), ‘Trade Diversion and Declining Tariffs: Evidence from Mercosur’ 28. Nuno Limão (2006), ‘Preferential Trade Agreements as Stumbling Blocks for Multilateral Trade Liberalization: Evidence for the United States’ Name Index
£319.00
Edward Elgar Publishing Ltd The WTO and the Political Economy of Trade Policy
Book SynopsisThis indispensable volume brings together the key contributions to the academic literature on the subject of the political economy of trade policy. Topics covered include unilateral and multilateral trade policies, international trade agreements and administered protection. In their comprehensive introduction, the editors present an insightful discussion of the political economy approach, the development of multilateral trade agreements, the trade and internal motives that guide unilateral trade policy and the features that characterise unilateralism. This volume is essential for professors, researchers and policymakers concerned with international trade policy.Table of ContentsContents: Acknowledgements Introduction Wilfred J. Ethier and Arye L. Hillman PART I UNILATERAL TRADE POLICIES 1. Harry G. Johnson (1953–4), ‘Optimum Tariffs and Retaliation’ 2. Richard E. Caves (1976), ‘Economic Models of Political Choice: Canada’s Tariff Structure’ 3. William A. Brock and Stephen P. Magee (1978), ‘The Economics of Special Interest Politics: The Case of the Tariff’ 4. Arye L. Hillman (1982), ‘Declining Industries and Political-Support Protectionist Motives’ 5. Wolfgang Mayer (1984), ‘Endogenous Tariff Formation’ 6. James H. Cassing and Arye L. Hillman (1986), ‘Shifting Comparative Advantage and Senescent Industry Collapse’ 7. Jonathan Eaton and Gene M. Grossman (1986), ‘Optimal Trade and Industrial Policy Under Oligopoly’ 8. Arye L. Hillman and Heinrich W. Ursprung (1988), ‘Domestic Politics, Foreign Interests and International Trade Policy’ 9. Gene M. Grossman and Elhanan Helpman (1994), ‘Protection for Sale’ 10. James H. Cassing (1996), ‘Protectionist Mutual Funds’ 11. Pinelopi Koujianou Goldberg and Giovanni Maggi (1999), ‘Protection for Sale: An Empirical Investigation’ 12. JoAnne Feeney and Arye L. Hillman (2004), ‘Trade Liberalization Through Asset Markets’ 13. Wilfred J. Ethier (2006), ‘Selling “Protection for Sale”’ PART II INTERNATIONAL TRADE AGREEMENTS 14. Wolfgang Mayer (1981), ‘Theoretical Considerations on Negotiated Tariff Adjustments’ 15. Avinash Dixit (1987), ‘Strategic Aspects of Trade Policy’ 16. Gene M. Grossman and Elhanan Helpman (1995), ‘Trade Wars and Trade Talks’ 17. Arye L. Hillman and Peter Moser (1996), ‘Trade Liberalization as Politically Optimal Exchange of Market Access’ 18. Giovanni Maggi and Andrés Rodríguez-Clare (1998), ‘The Value of Trade Agreements in the Presence of Political Pressures’ 19. Kyle Bagwell and Robert W. Staiger (1999), ‘An Economic Theory of GATT’ 20. Wilfred J. Ethier (2004), ‘Political Externalities, Nondiscrimination and a Multilateral World’ PART III NONDISCRIMINATION IN MULTILATERAL TRADE AGREEMENTS 21. Warren F. Schwartz and Alan O. Sykes (1996), ‘Toward a Positive Theory of the Most Favored Nation Obligation and Its Exceptions in the WTO/GATT System’ 22. Henrik Horn and Petros C. Mavroidis (2001), ‘Economic and Legal Aspects of the Most-Favored-Nation Clause’ PART IV ADMINISTERED PROTECTION AND MULTILATERAL TRADE AGREEMENTS 23. J.M. Finger, H. Keith Hall and Douglas R. Nelson (1982), ‘The Political Economy of Administered Protection’ 24. Robert W. Staiger and Guido Tabellini (1987), ‘Discretionary Trade Policy and Excessive Protection’ 25. Kyle Bagwell and Robert W. Staiger (1990), ‘A Theory of Managed Trade’ 26. Wilfred J. Ethier (1991), ‘The Economics and Political Economy of Managed Trade’ 27. Steven Berry, James Levinsohn and Ariel Pakes (1999), ‘Voluntary Export Restraints on Automobiles: Evaluating a Trade Policy’ 28. Wilfred J. Ethier (2002), ‘Unilateralism in a Multilateral World’ Name Index
£278.00
Edward Elgar Publishing Ltd Law and Economic Development
Book SynopsisThis authoritative collection demonstrates the increasing application of the law and economics methodology to the problems of developing countries. At the foundation of this application is the institutional approach to economic development, which emphasises the success or failure of key institutions in facilitating development. The impact on future research will be far-reaching and is expected to dominate the debate on development issues for a long time to come. There has been an outpouring of literature, both theoretical and empirical, that examines various facets of development from an institutional perspective and emphasises the crucial role played by the legal system in the economic development of nations. The editors have drawn together a careful selection of the key papers for inclusion in this volume, which will be an invaluable reference for lawyers, economists and development practitioners.Trade Review'This is an impressive collection of articles on a subject of vital importance for the welfare of the world's poor.' -- Deepak Lal, University of California, Los Angeles, USTable of ContentsContents: Acknowledgements Introduction Hans-Bernd Schäfer and Angara V. Raja PART I LEGAL SYSTEMS, ECONOMIC GROWTH AND DEVELOPMENT A The Importance of Legal Systems and Their Impact on Growth and Development 1. Frank B. Cross (2002), ‘Law and Economic Growth’ 2. Pranab K. Bardhan (2000), ‘Understanding Underdevelopment: Challenges for Institutional Economics From the Point of View of Poor Countries’ 3. Richard A. Posner (1998), ‘Creating a Legal Framework for Economic Development’ B Legal Reforms and Obstacles to Reform 4. Kevin E. Davis and Michael J. Trebilcock (2001), ‘Legal Reforms and Development’ 5. Avinash Dixit (2003), ‘Some Lessons From Transaction-Cost Politics For Less-Developed Countries’ 6. Jonathan R. Hay and Andrei Shleifer (1998), ‘Private Enforcement of Public Laws: A Theory of Legal Reform’ C Corruption, Capture and Rent-Seeking 7. Andrei Shleifer and Robert W. Vishny (1993), ‘Corruption’ 8. Pranab Bardhan (1997), ‘Corruption and Development: A Review of Issues’ 9. Anne O. Krueger (1974), ‘The Political Economy of the Rent-Seeking Society’ PART II LAW AND FINANCE A Finance, Growth, Development and the Law 10. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 11. Ross Levine (1999), ‘Law, Finance, and Economic Growth’ 12. Ross Levine (1998), ‘The Legal Environment, Banks, and Long-Run Economic Growth’ 13. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1997), ‘Legal Determinants of External Finance’ B Corporate Governance, Capital Markets and Bankruptcy 14. Andrei Shleifer and Robert W. Vishny (1997), ‘A Survey of Corporate Governance’ 15. Simon Johnson, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2000), ‘Tunneling’ 16. Simon Johnson, Peter Boone, Alasdair Breach and Eric Friedman (2000), ‘Corporate Governance in the Asian Financial Crisis’ 17. Elazar Berkovitch and Ronen Israel (1999), ‘Optimal Bankruptcy Laws Across Different Economic Systems’ PART III PROPERTY AND CONTRACTS 18. Gerald P. O’Driscoll Jr. and Lee Hoskins (2003), ‘Property Rights: The Key to Economic Development’ 19. Andrzej Rapaczynski (1996), ‘The Roles of the State and the Market in Establishing Property Rights’ 20. Simon Johnson, John McMillan and Christopher Woodruff (2002), ‘Courts and Relational Contracts’ 21. Eric Van Tassel (2004), ‘Credit Access and Transferable Land Rights’ PART IV THE PREDATORY STATE, LEGAL PROCESS, JUDICIARY AND SUBSTITUTES TO LEGAL PROTECTION 22. Edgardo Buscaglia (2001), ‘An Analysis of Judicial Corruption and Its Causes: An Objective Governing-Based Approach’ 23. Cheryl W. Gray (1991), ‘Legal Process and Economic Development: A Case Study of Indonesia’ 24. Douglas Marcouiller and Leslie Young (1995), ‘The Black Hole of Graft: The Predatory State and the Informal Economy’ 25. Timothy Frye and Andrei Shleifer (1997), ‘The Invisible Hand and the Grabbing Hand’ 26. Oriana Bandiera (2003), ‘Land Reform, the Market for Protection, and the Origins of the Sicilian Mafia: Theory and Evidence’ 27. Timothy Frye and Ekaterina Zhuravskaya (2000), ‘Rackets, Regulation, and the Rule of Law’ Name Index
£290.00
Edward Elgar Publishing Ltd The WTO Agreement on Trade-Related Aspects of
Book SynopsisThis Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS - a pivotal international agreement on intellectual property rights.TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.This reference book is a major authoritative work that is clearly organised and presented, allowing users to navigate quickly to commentary on any element of TRIPS. The book begins with a context-setting section, providing guidance on interpreting TRIPS. It considers the salient elements of the Vienna Convention on the Law of Treaties, the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, and the preamble to the Agreement Establishing the WTO. The book then follows the seven part structure of TRIPS, and provides an article-by-article analysis of each of its 73 provisions and specifically addresses the interpretation of key phrases in each article.An essential resource for practitioners and scholars, this detailed and exhaustive volume will also prove invaluable to academics and students of intellectual property law, international law and trade law. It is a first point of reference for anyone needing to know more about TRIPS.Contents: 1. General Provisions and Basic Principles 2. Standards Concerning the Availability, Scope and Use of Intellectual Property Rights 3. Enforcement of Intellectual Property Rights 4. Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures 5. Dispute Prevention and Settlement 6. Transitional Arrangements 7. Institutional Arrangements; Final ProvisionsTrade Review‘This excellent and extensive commentary on the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a valuable addition to the field. . . this reviewer very much enjoyed the book and looks forward to consulting it further in the future, particularly as reliance on TRIPS continues to develop in European practice.’ -- Christopher Stothers, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. General Provisions and Basic Principles 2. Standards Concerning the Availability, Scope and Use of Intellectual Property Rights 3. Enforcement of Intellectual Property Rights 4. Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures 5. Dispute Prevention and Settlement 6. Transitional Arrangements 7. Institutional Arrangements; Final Provisions
£275.00
Edward Elgar Publishing Ltd The WTO, Economic Interdependence, and Conflict
Book SynopsisScholars and policymakers have long been interested in the relationship between international institutions, foreign trade, and interstate conflict. This timely volume presents the most important published articles that address these crucial issues. The articles are organized into three parts. The first part presents and evaluates the core theoretical arguments about the linkage between foreign economic relations and political-military hostilities. The second part addresses the origins of various international institutions designed to influence global commerce, how these institutions operate, and the extent to which they shape the flow and content of overseas trade. The final part analyzes how economic disputes are settled within the World Trade Organization.Trade Review'This is an outstanding collection of the most important articles on trade, conflict, and the WTO. It will be a valuable tool for students and scholars alike.' -- David A. Baldwin, Princeton University, USTable of ContentsContents: Acknowledgements Introduction Marc L. Busch and Edward D. Mansfield PART I ECONOMIC INTERDEPENDENCE AND CONFLICT 1. Robert O. Keohane (1990), ‘International Liberalism Reconsidered’ 2. Kenneth N. Waltz (1970), ‘The Myth of National Interdependence’ 3. Barry Buzan (1984), ‘Economic Structure and International Security: The Limits of the Liberal Case’ 4. Edward D. Mansfield and Brian M. Pollins (2001), ‘The Study of Interdependence and Conflict: Recent Advances, Open Questions and Directions for Future Research’ 5. Solomon William Polachek (1980), ‘Conflict and Trade’ 6. John R. Oneal and Bruce Russett (1999), ‘The Kantian Peace: The Pacific Benefits of Democracy, Interdependence, and International Organizations, 1885–1992’ 7. Mark J. Gasiorowski (1986), ‘Economic Interdependence and International Conflict: Some Cross-National Evidence’ 8. Edward D. Mansfield and Jon C. Pevehouse (2000), ‘Trade Blocs, Trade Flows, and International Conflict’ 9. Erik Gartzke, Quan Li and Charles Boehmer (2001), ‘Investing in the Peace: Economic Interdependence and International Conflict’ PART II TRADE AND INSTITUTIONS 10. Kyle Bagwell, Petros C. Mavroidis and Robert W. Staiger (2002), ‘It’s a Question of Market Access’ 11. Andrew K. Rose (2003), ‘Do We Really Know That the WTO Increases Trade?’ 12. Judith L. Goldstein, Douglas Rivers and Michael Tomz (2007), ‘Institutions in International Relations: Understanding the Effects of the GATT and the WTO on World Trade’ 13. Edward D. Mansfield, Helen V. Milner and B. Peter Rosendorff (2002), ‘Why Democracies Cooperate More: Electoral Control and International Trade Agreements’ 14. Christina L. Davis (2004), ‘International Institutions and Issue Linkage: Building Support for Agricultural Trade Liberalization’ 15. Robert E. Hudec and James D. Southwick (1999), ‘Regionalism and WTO Rules: Problems in the Fine Art of Discriminating Fairly’ 16. Çaglar Özden and Eric Reinhardt (2005), ‘The Perversity of Preferences: GSP and Developing Country Trade Policies, 1976–2000’ 17. Bruce A. Blonigen and Chad P. Bown (2003), ‘Antidumping and Retaliation Threats’ PART III DISPUTE SETTLEMENT 18. Robert E. Hudec (1987), ‘“Transcending the Ostensible”: Some Reflections on the Nature of Litigation between Governments’ 19. B. Peter Rosendorff (2005), ‘Stability and Rigidity: Politics and Design of the WTO’s Dispute Settlement Procedure’ 20. Chad P. Bown (2004), ‘On the Economic Success of GATT/WTO Dispute Settlement’ 21. Marc L. Busch and Eric Reinhardt (2003), ‘Developing Countries and General Agreement on Tariffs and Trade/World Trade Organization Dispute Settlement’ 22. Andrew T. Guzman and Beth A. Simmons (2005), ‘Power Plays and Capacity Constraints: The Selection of Defendants in World Trade Organization Disputes’ 23. James McCall Smith (2003), ‘WTO Dispute Settlement: The Politics of Procedure in Appellate Body Rulings’ 24. Judith Goldstein and Lisa L. Martin (2000), ‘Legalization, Trade Liberalization, and Domestic Politics: A Cautionary Note’ Name Index
£285.00
Edward Elgar Publishing Ltd Regional Trade Agreements in Asia
Book SynopsisThe first East Asia Summit in 2005 prompted discussions of enlargement of ASEAN free trade agreements to include all major trading blocs and their regional and global implications. In this timely and original study, Tran Van Hoa and Charles Harvie explore the likely effects of new regional development.With more than half of the world's consumption and production market, well-defined trade agreements in Asia remain crucial to the economic growth and stability of the area. This book contains scholarly and well-researched contributions from internationally renowned experts from ASEAN, East and South Asia and Oceania who discuss this major new development and its impact on trade, investment, services, development, industry, poverty and economic relations. An important collection of new research, this volume will be used by economists, trade experts, academics, students, government advisers, policymakers and all those interested in these significant contemporary developments and their far-ranging implications in an enlarged Asia.Trade Review'The book provides a useful contribution on a region likely to attract increasing attention in future.' -- Benoit Rousseau Leduc, East Asian Integration Review'In this very readable contribution many of the region's superior minds have looked deeply into some of the most important trade issues facing Asia in the coming years.' -- From the foreword by Professor the Hon. Stephen Martin, Victoria University, AustraliaTable of ContentsContents: Foreword Stephen Martin PART I: REGIONAL ECONOMIC INTEGRATION ISSUES 1. Regional Trade Agreements in Asia: An Overview Tran Van Hoa and Charles Harvie 2. The WTO, Regional Trade Agreements and an Enlarged ASEAN Tran Van Hoa 3. Deep Integration in Regional Trading Agreements Peter Lloyd 4. China’s Global Competitiveness and Regional Trade and Investment Yanyun Zhao PART II: ECONOMIC, TRADE, INVESTMENT AND INTEGRATION ISSUES FOR ENLARGED ASEAN MEMBERS 5. India’s Poor and Gains from Trade with ASEAN Shovan Ray 6. Aspects of an Enlarged ASEAN: a Perspective from Thailand Apichai Puntasen, Wichada Lewnanonchai and Thanawan Rattanawarinchai 7. Agricultural Issues in an Enlarged ASEAN: The Case of Vietnam Nguyen Manh Hai and Tran Van Hoa 8. Prospects for an AFTA-CER Free Trade Agreement Charles Harvie PART III: MICRO, FINANCE, MANAGEMENT AND SECTORAL ISSUES IN AN ENLARGED ASEAN 9. SMEs in Regional Trade and Investment Development Charles Harvie 10. Asian Reserves and the Dollar: Issues in an Enlarged ASEAN Ashima Goyal 11. TRIPS-plus: Free Trade Agreements Jeopardizing Public Health in Developing Nations Prabodh Malhotra and Bhajan Grewal 12. The Micro-finance Movement in China: Lessons and Initiatives for an Enlarged ASEAN Enjiang Cheng 13. China’s Corporate Culture and Implications for Trade and Investment in the Asian Region Guirong Li and Xianfeng Wei PART IV: CONCLUSIONS AND PROSPECTS 14. Challenges and Opportunities from an Enlarged ASEAN Tran Van Hoa Index
£111.00
Edward Elgar Publishing Ltd Handbook of Research on International Consumer
Book SynopsisConsumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies.The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.Trade Review‘The Handbook of Research on International Consumer Law is one of an extensive series of “Handbooks of Research” published by Edward Elgar. This volume is a very welcome addition to the series, and offers consumer and commercial law scholars much useful material and comment. One of its many attractions is the wide range of topics covered in its 18 chapters. . . the Handbook of Research on International Consumer Law is an excellent addition to any library. It is particularly useful as a teaching resource, as well as a first port of call for the latest academic research in the field.’ -- Gillian Black, The Edinburgh Law Review‘This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today’s consumer law are presented to the reader, including developing countries - a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such “bread and butter areas” as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like “services of general internet” where consumers and private users should enjoy equal access to “universal services”, with the “internet” where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from “investor protection” to “investor confidence”. A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis!’ -- Norbert Reich, University of Bremen, Germany‘This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world.’ -- Stephen Weatherill, University of Oxford, UKTable of ContentsContents: Preface 1. Consumer Law in its International Dimension Geraint Howells, Iain Ramsay and Thomas Wilhelmsson 2. Consumer Protection and Human Rights Iris Benöhr and Hans-W. Micklitz 3. Development and Consumer Law Sothi Rachagan 4. The Consumer and Competition Law Angus MacCulloch 5. Misleading and Unfair Advertising James P. Nehf 6. Protecting Rational Choice: Information and the Right of Withdrawal Christian Twigg-Flesner and Reiner Schulze 7. Unfair Terms and Standard Form Contracts Thomas Wilhelmsson and Chris Willett 8. Sales and Guarantees Cynthia Hawes and Christian Twigg-Flesner 9. Products Liability Law in America and Europe Geraint Howells and David G. Owen 10. Product Safety Regulation Luke Nottage 11. Consumers and Services of General Interest Peter Rott and Chris Willett 12. Consumer Protection and the Internet Patrick Quirk and John A. Rothchild 13. Regulation of Consumer Credit Iain Ramsay 14. Personal Insolvency Johanna Niemi 15. Financial Services Regulation and the Investor as Consumer Dimity Kingsford Smith 16. Individual Consumer Redress Peter Spiller and Kate Tokeley 17. Using Class Actions to Enforce Consumer Protection Law Deborah R. Hensler 18. Enforcing Consumer Protection Laws Colin Scott Index
£226.00
Edward Elgar Publishing Ltd The Law and Economics of Contingent Protection in
Book SynopsisIn this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors' choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements.The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal or more protectionist in the application of trade remedies, the WTO adjudicator on numerous occasions was faced with similar policy problems in applying the general rules to the facts of the case before them. The authors point out that the adjudicating bodies have insisted on the unfair character of dumping in order to substantiate their relatively deferential standard of review. In the anti-dumping / countervailing duties context, case law has generally emphasized the limited character of the obligations on investigating authorities. This implies that domestic investigating authorities, following the evolution of case law, are now facing a deferential standard of review when imposing anti-dumping and countervailing duties.The book offers a contrasting view of the Agreement on Safeguards, an instrument the use of which, according to the authors, could, in principle, be defensible: WTO Members will have extra incentives to make commitments within a flexible contract. Moreover, safeguards can, in their view, help ease the pressures from domestic lobbies by facilitating (sometimes necessary) adjustment costs. However, the case law is described by the authors as having adopted a rather inflexible stance, the end result of which is that no imposition of safeguards has survived the test of consistency with WTO law. They identify the apparent rationale for the case law as an over-insistence on what they label the highly uninformative fair/unfair trade distinction.The economic analysis employed by the authors would suggest that - in the light of the unsatisfactory nature of anti-dumping measures, contrasted with the positive incentives inherent in safeguards - ultimately one could envisage merging the three instruments of contingent protection into one new safeguards instrument. Equally, they argue, this economic approach, combined with legal doctrine, offers great insight into the current provisions, allowing them to be interpreted in a more coherent and meaningful manner.Trade Review'All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case "law" of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field.' -- Christoph Herrmann, Common Market Law Review'Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone.' -- Chad P. Bown, The World Bank, US'The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas.' -- Michael Trebilcock, University of Toronto, Canada'Trade barriers that are contingent on the existence of specific conditions - dumping by, or subsidization of, exporters, and injury of domestic firms - have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area.' -- Bernard Hoekman, The World Bank, USTable of ContentsContents: PART I: ANTI-DUMPING 1. General introduction 2. Dumping 3. Injury and Causality Analysis 4. Procedural Obligations – The Tasks of the Domestic Investigating Authority 5. Conclusions PART II: SUBSIDIES 6. General Introduction to the Agreement on Subsidies and Countervailing Measures: ‘Thou Shall Not Subsidize’ 7. Conditions for Imposition of Countervailing Measures 8. Procedural Requirements Relevant to the Countervailing Duty Investigation 9. Counteracting Subsidies – A Two-track Approach 10. Thou Shall Not be Punished in Any Other Way 11. Special and Differential Treatment 12. Standard of Review 13. Concluding Remarks PART III: SAFEGUARDS 14. The Rationale for Safeguards 15. The Regulation of Safeguards in the WTO 16. Conclusions References Index
£184.00
Edward Elgar Publishing Ltd International Trade and Health Protection: A
Book SynopsisThis book examines and critiques the WTO's Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement's science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.Trade Review'This detailed and fully referenced text is a valuable resource both for practitioners and academics.' -- Michael Blakeney, International Trade Law and Regulation'Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read.' -- Geert Van Calster, Katholieke Universiteit, Leuven, BelgiumTable of ContentsContents: Part I: Background and Overview 1. Introduction 2. What’s Health Got to do With It? The Linkage between Health and International Trade 3. Through the (Historical) Looking-Glass: Health and Trade in Context 4. Looking to the Future: Forces of Change Part II: Health and Trade: Conflicting Objectives? 5. Foundations of Tension between Health Protection and Trade Liberalization 6. Identifying Tension: The ‘Difficult’ (or ‘Amber’) Cases 7. Resolving the Tension: Balancing Trade and Health Objectives in the WTO Part III: Regulating to Protect Health: Where and How? 8. Setting the Standards: Home or Away? 9. Perception of Risks: The Role of Public Perceptions 10. Analysis of Risks: The Role of Science Part IV: The WTO: Rules and Cases 11. A Science-based Approach 12. The Facts of the Health Cases 13. Analysis of the Health Cases Part V: Conclusion 14. Conclusion Bibliography Index
£121.00
Edward Elgar Publishing Ltd Research Handbook in International Economic Law
Book SynopsisThis major work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.The book includes extensive coverage of international trade issues, which are generally considered to be the core of international economic law, and focuses on such topics as barriers to trade, dispute settlement, trade and services, regionalism and remedies. It also goes significantly beyond these to look at related areas of the discipline; international investment, including discussion of regulatory issues and private rights of action; intellectual property issues relating to trade; commercial law; legal and economic aspects of international tax and international finance; the closely related areas of trade and international competition policy; international environmental law; and international telecommunications.Providing in many cases a unique interdisciplinary blend of analysis, the Handbook offers a cutting edge approach to international economic law, and an authoritative source of reference for scholars, graduate students and policymakers.Trade Review'Students, practitioners and scholars will find the the research handbook most useful in familiarising themselves with the many topics of international trade regulation and economic law. Written by leading experts in the field, it adds a concise and accessible voice to the growing body of highly specialised publications.' -- Thomas Cottier, University of Beirne, Switzerland'Undertaking a Research Handbook in International Economic Law is an enormous challenge, and I believe the scholars mobilized for this project have fully met that challenge. The selection of topics is comprehensive, the footnotes and bibliographies are careful and copious, and the writing is lucid, understandable by beginners as well as experts. As I go about revising my own treatise on international economic law, the Handbook will be my constant guide.' -- Andreas F. Lowenfeld, New York University, School of Law, US'Despite its rather modest title, the book Research Handbook in International Economic Law edited by Andrew T. Guzman and Alan O. Sykes is a remarkable collection which certainly will be welcomed as an important reference and analytical commentary for even those most knowledgeable about IEL. The editors have marshaled authors and co-authors for fourteen different chapters, covering virtually all the crucial subjects under international economic law. These authors are clearly well chosen for their respective expertise which is manifested in each chapter by describing and analyzing specific subject material with a merged perspective of law, economics and political science. However, this is also indeed a "handbook" in providing in accessible form and limited text length a detailed overview of subjects ranging from the essentials of international economics, to roadmaps for understanding the WTO, dispute settlement, investment, finance, competition, telecommunications and many more. The editors' ambition is truly impressive, and has been admirably realized.' -- John H. Jackson, Georgetown University Law Center, US'This book is an absolute gem. It takes the term international economic law seriously. Unlike any other book that I know of, this Handbook transcends the traditional, narrow focus on public trade law to include private commercial law, investment, competition, tax, IP, finance and international environmental law. In 14 comprehensive chapters, the law, policy and economics of 14 different issue areas are covered. Written by absolute leaders in their field, the Handbook offers an entry point for newcomers in each of those subject matters, yet does so at a level of sophistication, insight and comprehensiveness that should equally delight and enrich specialists.' -- Joost Pauwelyn, Duke University, School of Law, USTable of ContentsContents: Preface 1. International Trade: Barriers to Trade Michael Trebilcock and Michael Fishbein 2. International Trade: Trade Remedies Alan O. Sykes 3. International Trade: Trade in Services Bernard Hoekman and Aaditya Mattoo 4. International Trade: Regionalism Joel P. Trachtman 5. International Trade: Dispute Settlement Henrick Horn and Petros C. Mavroidis 6. International Investment Americo Beviglia Zampetti and Pierre Sauvé 7. International Commercial Law Robert K. Rasmussen 8. The Economic Underpinnings of International Taxation Julie A. Roin 9. International Finance: Rule Choices for Global Financial Markets Hal S. Scott 10. International Competition Law Andrew T. Guzman 11. Intellectual Property Rights in World Trade Frederick M. Abbott 12. Power and Cooperation in International Environmental Law Richard H. Steinberg 13. International Telecommunications Rohan Kariyawasam 14. Private Dispute Resolution in International Economic Law Diane P. Wood Index
£53.15
Edward Elgar Publishing Ltd The WTO and Accession Countries
Book SynopsisIn this essential two-volume collection, the editors include key papers on the domestic and global challenges of WTO accession. The first volume explores the intertwined economic, legal, and political dimensions of the process. The second volume explores country case studies and sector-specific issues such as agriculture, services and intellectual property. This comprehensive anthology is an invaluable reference source for scholars and practitioners grappling with the increasing complexity of WTO accession.Trade Review‘Accession to the WTO is a complex, long and unique process. Carlos Primo Braga and Olivier Cattaneo have assembled an impressive collection of literature that analyzes accessions from an economic, legal, political and sectoral perspective, as well as some country-case studies. This is the state-of-the-art of what we know about accessions. The editors bring it all together in the introduction, posing the right and difficult questions and making critical observations. This publication is a must to both understand and improve these negotiations that currently involve the Members of the WTO with 29 acceding candidates.’ -- Alejandro Jara, Deputy Director General, The World Trade Organization, SwitzerlandTable of ContentsContents: Volume I Acknowledgments Introduction Carlos A. Primo Braga and Olivier Cattaneo PART I OVERVIEW 1. Rolf J. Langhammer and Matthias Lücke (1999), ‘WTO Accession Issues’ 2. Constantine Michalopoulos (2002), ‘WTO Accession’ 3. Murray G. Smith (1996), ‘Accession to the WTO: Key Strategic Issues’ 4. Jaroslaw Pietras (1998), ‘The Role of the WTO for Economies in Transition’ PART II THE ECONOMIC DIMENSION OF WTO ACCESSION 5. Kyle Bagwell and Robert W. Staiger (1999), ‘An Economic Theory of GATT’ 6. Robert W. Staiger (2006), ‘A book review of Fatouma Jawara and Aileen Kwa, Behind the Scenes at the WTO: The Real World of International Trade Negotiations: Lessons of Cancun, Palgrave, New York, 2003’ 7. Andrew K. Rose (2004), ‘Do We Really Know that the WTO Increases Trade?’ 8. Arvind Subramanian and Shang-Jin Wei (2007), ‘The WTO Promotes Trade, Strongly, but Unevenly’ 9. Michael Tomz, Judith L. Goldstein and Douglas Rivers (2007), ‘Do We Really Know That the WTO Increases Trade? Comment’ 10. Andrew K. Rose (2007), ‘Do We Really Know That the WTO Increases Trade? Reply’ 11. Bogdan Lissovolik and Yaroslav Lissovolik (2004), ‘Russia and the WTO: The “Gravity” of Outsider Status’ PART III THE LEGAL DIMENSION OF WTO ACCESSION 12. Julia Ya Qin (2003), ‘WTO-plus Obligations and Their Implications for the World Trade Organization Legal System’ 13. Steve Charnovitz (2008), ‘Mapping the Law of WTO Accession’ 14. Bernard Hoekman and Jayanta Roy (2000), ‘Benefiting from WTO Accession and Membership’ 15. Sylvia A. Rhodes and John H. Jackson (1999), ‘United States Law and China’s WTO Accession Process’ 16. Alexander Polouektov (2002), ‘Non-Market Economy Issue in WTO Anti-Dumping Law and Accession Negotiations – Revival of a Two-Tier Membership?’ PART IV THE POLITICAL DIMENSION OF WTO ACCESSION 17. Leah Haus (1991), ‘The East European Countries and the GATT: The Role of Realism, Mercantilism, and Regime Theory in Explaining East-West Trade Negotiations’ 18. Anna Lanoszka (2001), ‘The World Trade Organization Accession Process: Negotiating Participation in a Globalizing Economy’ 19. Simon Lacey (2007), ‘The View From the Other Side of the Table: WTO Accession from the Perspective of WTO Members’ 20. Simon Evenett and Carlos A. Primo Braga (2006), ‘WTO Accession: Moving the Goalposts?’ 21. Craig VanGrasstek, ‘Why Demands on Acceding Countries Increase Over Time: A Three-dimensional Analysis of Multilateral Trade Diplomacy’ Volume II Acknowledgments PART I COUNTRY-CASE STUDIES ON WTO ACCESSION 1. Zdenek Drabek and Marc Bacchetta (2004), ‘Tracing the Effects of WTO Accession on Policy-making in Sovereign States: Preliminary Lessons from the Recent Experience of Transition Countries’ 2. Elena Ianchovichina and Will Martin (2001), ‘Trade Liberalization in China’s Accession to the WTO’ 3. David Tarr (2007), ‘Russian WTO Accession: What Has Been Accomplished, What Can Be Expected’ 4. Pierre Sauvé (2005), ‘Economic Impact and Social Adjustment Costs of Accession to the World Trade Organization: Cambodia and Nepal’ 5. P.R. Rajkarnikar (2005), ‘Nepal: The Role of an NGO in Support of Accession’ 6. Samnang Chea and Hach Sok (2005), ‘Cambodia’s Accession to the WTO: “Fast Track” Accession by a Least Developed Country’ 7. Damedin Tsogtbaatar (2005), ‘Mongolia’s WTO Accession: Expectations and Realities of WTO Membership’ 8. Daniel Gay (2005), ‘Vanuatu’s Suspended Accession Bid: Second Thoughts?’ PART II SECTOR -SPECIFIC DIMENSION OF WTO ACCESSION 9. Will Martin (2003), ‘Implications of Reform and WTO Accession for China’s Agricultural Policies’ 10. Murray Gibbs and Anar Mamedov (2001), ‘Energy-related Issues in the WTO Accession Negotiations’ 11. Joseph F. Francois and Dean Spinanger (2004), ‘WTO Accession and the Structure of China’s Motor Vehicle Sector’ 12. Felix Eschenbach and Bernard Hoekman (2006), ‘Services Policies in Transition Economies: On the EU and the WTO as Commitment Mechanisms’ 13. Aaditya Mattoo (2003), ‘China’s Accession to the WTO: The Services Dimension’ 14. Phan Van Sam and Vo Thanh Thu (2005), ‘Preparation by Vietnam’s Banking Sector for WTO Accession’ 15. Angus Henderson, Iain Gentle and Elise Ball (2005), ‘WTO Principles and Telecommunications in Developing Nations: Challenges and Consequences of Accession’ 16. Frederick Abbott and Carlos M. Correa (2007), ‘The Accession Process and its Legal Consequences’ 17. Keith E. Maskus (2004), ‘Intellectual Property Rights in the WTO Accession Package: Assessing China’s Reforms’ Name Index
£439.00
Edward Elgar Publishing Ltd Research Handbook on the WTO Agriculture
Book SynopsisAgriculture has been the unruly horse of the GATT/WTO system for a long time and efforts to halter it are still ongoing. This Research Handbook focuses on aspects of agricultural production and trade policy that are recognized for their importance but are often kept out of the limelight, such as the implication of national and international agricultural production and trade policies on national food security, global climate change, and biotechnology. It provides a summary of the state of the WTO agriculture negotiations as well as the relevant jurisprudence, but also, and uniquely, it focuses on the new and emerging issues of agricultural trade law and policy that are rarely addressed in the existing literature. With contributions from a multi-disciplinary team of leading analysts from around the world, this Research Handbook will appeal to trade negotiators, international trade law and policy academics as well as postgraduate students in the field. Contributors include: K. Anderson, D. Blandford, M. Cardwell, I. Carreno, M.G. Desta, G. Dutfield, C. Haberli, L.A. Jackson, T. Josling, E. Laurenza, A. Matthews, J.A. McMahon, F. Smith, S. SwitzerTrade Review'A particular strength of this collection is the multidisciplinary perspective which is brought to bear on international agricultural trade law. It provides a valuable resource for scholars and policymakers in this critical area.' --Michael Blakeney, International Trade Law and Regulation'The range of topics covered in this volume is multi-faceted and various. . . Practitioners with clients involved in agri-business will be particularly interested in the broad spectrum of matters discussed, as will trade negotiators, policy advisors and graduate students in this vital and fascinating field.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Joseph A. McMahon and Melaku Geboye Desta 1. The Agreement on Agriculture: Setting the Scene Joseph A. McMahon and Melaku Geboye Desta 2. Food Security and International Agricultural Trade Regulation: Old Problems, New Perspectives Fiona Smith 3. Do WTO Rules Improve or Impair the Right to Food? Christian Häberli 4. The Impact of WTO Agricultural Trade Rules on Food Security and Development: An Examination of Proposed Additional Flexibilities for Developing Countries Alan Matthews 5. Plant Intellectual Property, Food Security and Human Development: Institutional and Legal Considerations, and the Need for Reform Graham Dutfield 6. GMOs: Trade and Welfare Impacts of Current Policies and Prospects for Reform Kym Anderson and Lee Ann Jackson 7. Addressing the Solution of SPS and TBT Matters through Trade Negotiations Eugenia Laurenza and Ignacio Carreño 8. Private Standards and Trade Tim Josling 9. Climate Change Policies for Agriculture and WTO Agreements David Blandford 10. Biofuels, Food Security and the WTO Agreement on Agriculture Stephanie Switzer 11. Stretching the Boundaries of Multifunctionality? An Evolving Common Agricultural Policy within the World Trade Legal Order Michael Cardwell Index
£153.00
Edward Elgar Publishing Ltd Microsoft on Trial: Legal and Economic Analysis
Book SynopsisMicrosoft on Trial analyses the antitrust cases that have involved Microsoft on both sides of the Atlantic and offers a thorough and timely discussion on the regulation of unilateral behaviour in a topical sector.This fascinating and highly relevant book facilitates discussion on the difficult technical, legal and economic issues with respect to innovation, competition and welfare raised, through the span of more than a decade, by the US and EC Microsoft antitrust cases. It assesses their impact on the evolution of European and US laws on competition and intellectual property in the IT sector and beyond. The book, which adopts a multidisciplinary approach (IT, law, economics), benefits from the valuable insights of 20 contributors including those that were directly involved in the EC case. Practitioners, advanced postgraduates and academics will find this unique book an essential resource.Trade Review‘I would highly recommend this book to any practitioner, academic, or postgraduate student interested in either the specifics of the EU and US Microsoft cases or more generally in the current scope of unilateral conduct laws on both sides of the Atlantic. It is refreshingly easy to navigate, thanks to an excellent index and table of cases and legislation, no mean feat in light of the fact that the book is a collection of 14 independent essays. The editor, Luca Rubini, deserves particular praise for this achievement. The editor also provides an invaluable multi-disciplinary approach to the various issues raised by the increasing interaction of competition law and intellectual property law in the information technology sector and beyond.’ -- Anthony Dawes, European Law Review‘. . . the book is a valuable resource for anybody wishing to gain in-depth knowledge of the competition proceedings related to Microsoft.’ -- Tjarda van der Vijver, Common Market Law Review‘Much has already been written about the case, but these fourteen chapters contain some of the best descriptions of the facts and markets accompanied by economic analysis. All the contributors write lucidly. . . The chapters have been written tightly, and many points not obvious on a quick reading of the case have been analysed perceptively. Detailed descriptions of the conduct and the market in which it occurred were made throughout.’ -- Valentine Korah, World Competition‘What makes this collection outstanding is that it is unlikely that any single person could have produced anything as good, because the Microsoft cases are just too extensive in their jurisdictional and subject matter scope to be encompassed by a single person. . . none of the essays here appear to me to be poor - all are good, some are excellent. . . I have read the book cover to cover and strongly recommend it to anyone interested in the Microsoft case in particular, but, more importantly, to anyone with an interest in the state of competition law at the start of the 21st century, and its role moving forward. There are even good tables of cases and legislation, and a good index - an increasing rarity these days. . . special credit must be given to the editor, Luca Rubini.’ -- Mark Furse, European Competition Law ReviewTable of ContentsContents: Preface PART I: TECHNICAL BACKGROUND 1. The Basic Technology Issues at Stake Colin Jackson PART II: FROM BRUSSELS TO LUXEMBOURG: A EUROPEAN STORY 2. Windows into the World of Abuse of Dominance: An Analysis of the Commission’s 2004 Microsoft Decision and the CFI’s 2007 Judgment Nicholas Banasevic and Per Hellström 3. Victa Placet Mihi Causa: The Compulsory Licensing Part of the Microsoft Case Ian S. Forrester QC 4. The Microsoft Windows Media Player Tying Case Jean-François Bellis and Tim Kasten 5. The Microsoft Case: You Reap what you Sow? Jens Fejø PART III: INNOVATION, COMPETITION AND WELFARE IN THE IT SECTOR: TRANSATLANTIC PERSPECTIVES, INTERNATIONAL HORIZONS 6. The Microsoft Chronicles Rudolph J.R. Peritz 7. Microsoft v Commission and the Interoperability Issue Steven Anderman 8. The EC Microsoft Case and Duty to Deal: The Transatlantic Divide Eleanor M. Fox 9. Microsoft v Commission: Interoperability, Emerging Standards and Innovation in the Software Industry Ann Walsh 10. Tying, Technological Integration and Article 82 EC Treaty: Where do we go after the Microsoft Case? Arianna Andreangeli 11. Economic Aspects of the Microsoft Case: Networks, Interoperability and Competition Maria J. Gil-Moltó 12. Microsoft v Commission: A Pricing Perspective on Non-Price Abuses Derek Ridyard and Markus Baldauf 13. The Quest for Appropriate Remedies in the EC Microsoft Cases: A Comparative Appraisal Nicholas Economides and Ioannis Lianos 14. Beyond Microsoft: An International Agreement on Abuse of Market Power? Carlo Petrucci Epilogue Bo Vesterdorf Bibliography Index
£170.00
Edward Elgar Publishing Ltd International Economic Law and Monetary Measures:
Book SynopsisThe 2007 - 2010 global financial crisis re-opened the debate on the reform of the international monetary and financial system. This well-argued book demonstrates the strategic role of international economic law (IEL) in ensuring international monetary stability and global financial stability. After discussing the current allocation of powers among IEL institutions, Annamaria Viterbo focuses on monetary measures: exchange restrictions, capital controls and exchange rate manipulations. These three fundamental topics are then examined through the lens of a multi-layered methodology, adopting perspectives from international monetary law, trade law and investment law. The author evaluates how the horizontal sectors in which IEL is traditionally divided interact and how conflicts between norms are avoided or solved. Particular attention is also devoted to the outcomes of trade and investment disputes that deal with monetary measures. International Economic Law and Monetary Measures will appeal to international trade law and international financial law scholars as well as law and business students. Legal practitioners and officials working in the field of international economic law will find it a useful reference, as will legal counsel in banks and financial institutions, international investors and multinational corporations. Contents: Introduction 1. International Monetary Stability and Global Financial Stability as Global Public Goods and the Role of International Economic Law 2. The Bretton Woods Institutions and their Role in the Provision of Global Public Goods: Focusing on International Monetary Stability 3. The Global Financial Architecture: Towards a Strengthened Institutional Framework for Global Financial Stability? 4. Exchange Restrictions and Capital Controls under the IMF Legal Framework 5. Exchange Restrictions and Capital Controls under the WTO Legal Framework 6. Exchange Restrictions and Capital Controls in International Investment Law 7. Exchange Rate Manipulation in International Economic Law IndexTable of ContentsContents: Introduction 1. International Monetary Stability and Global Financial Stability as Global Public Goods and the Role of International Economic Law 2. The Bretton Woods Institutions and their Role in the Provision of Global Public Goods: Focusing on International Monetary Stability 3. The Global Financial Architecture: Towards a Strengthened Institutional Framework for Global Financial Stability? 4. Exchange Restrictions and Capital Controls under the IMF Legal Framework 5. Exchange Restrictions and Capital Controls under the WTO Legal Framework 6. Exchange Restrictions and Capital Controls in International Investment Law 7. Exchange Rate Manipulation in International Economic Law Index
£120.00
Edward Elgar Publishing Ltd Social Regulation in the WTO: Trade Policy and
Book SynopsisThis original and authoritative book analyzes how the WTO?s restrictions on the use of trade measures for social goals affects the development of the law of the international community.The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important ?trade-&? cases handed down by the WTO?s Appellate Body, the book stimulates creative consideration of the extent to which the international trading system?s prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.Trade Review‘Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.’ -- Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law‘This book presents a thoughtful and very readable analysis of “social trade regulation”, that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer’s original contribution to the debate is to unpack that unlawful status into the categories of “law-disabling”, “law-supporting”, and “law-creating” trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.’ -- Steve Charnovitz, The George Washington University, USTable of ContentsContents: Preface Part I: Introduction 1. The Social Impacts of Trade 2. The Evolving Character of the International Legal System Part II: Trade Regulation in International Law 3. Unilateral Trade Regulation and the United Nations Charter Principles 4. Unilateral Trade Regulation, the Law of State Responsibility and the Law of Treaties Part III: Social Trade Regulations in WTO Law 5. WTO Obligations Affected by Members’ Use of Social Trade Regulations 6. Legal Remedies for Violations of WTO Law 7. Social Trade Regulations in the WTO Dispute Settlement System: Looking at the Evidence Part IV: Analysis 8. How Can a WTO Member Pursue a Social Goal with Trade Regulations? 9. Is There a Modality to Decide when Trade Measures can be Used to Pursue Social Goals? Index
£112.00
Edward Elgar Publishing Ltd Intellectual Property Rights in a Fair World
Book SynopsisThis important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.Intellectual Property (IP) law – particularly in relation to international trade regimes – is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today’s IP mechanisms are operating. The overall aim is to find an adequate response to the ‘IP balance dilemma’. The theme is pursued throughout various topics, including a look at what this means in relation to the economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.Trade Review‘This book is essential reading for anyone interested in intellectual property, global trade, international law, human rights, development, and competition. While many have lamented the impact of the TRIPS Agreement on the creative environment and social welfare, the heart of the volume is a deeply thoughtful, well-considered proposal for modifying the Agreement. The lead-up is equally compelling: essays by renowned experts describing the substantive, procedural, and institutional problems encountered post-TRIPS and an examination of socially responsible ways to promote innovation.’ -- Rochelle Dreyfuss, New York University, School of Law, US‘This book culminates Professor Annette Kur’s longtime engagement in critique and reform of dominant IP patterns. Throughout several authoritative essays - many by Professor Kur herself - the book provides a comprehensive and in-depth overview of the ever growing academic efforts which, at an international level, struggle to reshape IP law paradigms in tune with the enhancement of public goods and interests – even beyond the mere perspective of IP law’s intersections with competition and consumer welfare in strict sense. This work constitutes a “must” for all those who, at any level of function and responsibility, engage in overcoming an historic unbalance that has so far basically precluded an adequate reconciliation of IP law with fundamental societal needs.’ -- Gustavo Ghidini, University of Milano, and LUISS University, Rome, ItalyTable of ContentsContents: Preface PART I: BACKGROUND 1. The Pendulum Keeps Swinging – Present Discussions on and Around the TRIPS Agreement Marianne Levin 2. Spotlight on China: Piracy, Enforcement, and the Balance Dilemma in Intellectual Property Law Andrea Wechsler 3. The WTO Dispute Settlement System and the Evolution of International IP Law: An Institutional Perspective Antonina Bakardjieva Engelbrekt 4. Assessing the Need for a General Public Interest Exception in the TRIPS Agreement Henning Grosse Ruse-Khan 5. Limitations and Exceptions Under the Three-Step-Test – How Much Room to Walk the Middle Ground? Annette Kur 6. TRIPS and Human Rights Frantzeska Papadopoulou 7. Fire and Water Make Steam – Redefining the Role of Competition Law in TRIPS Jens Schovsbo 8. Enough is Enough – The Notion of Binding Ceilings in International Intellectual Property Protection Annette Kur and Henning Grosse Ruse-Khan 9. Expropriation or Fair Game for All? The Gradual Dismantling of the IP Exclusivity Paradigm Annette Kur and Jens Schovsbo PART II: PROPOSED AMENDMENTS TO TRIPS Proposed Amended Text (Synopsis) Explanatory Memorandum Index
£181.00
Edward Elgar Publishing Ltd The Law and Economics of Contingent Protection in
Book SynopsisIn this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors' choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements.The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal or more protectionist in the application of trade remedies, the WTO adjudicator on numerous occasions was faced with similar policy problems in applying the general rules to the facts of the case before them. The authors point out that the adjudicating bodies have insisted on the unfair character of dumping in order to substantiate their relatively deferential standard of review. In the anti-dumping / countervailing duties context, case law has generally emphasized the limited character of the obligations on investigating authorities. This implies that domestic investigating authorities, following the evolution of case law, are now facing a deferential standard of review when imposing anti-dumping and countervailing duties.The book offers a contrasting view of the Agreement on Safeguards, an instrument the use of which, according to the authors, could, in principle, be defensible: WTO Members will have extra incentives to make commitments within a flexible contract. Moreover, safeguards can, in their view, help ease the pressures from domestic lobbies by facilitating (sometimes necessary) adjustment costs. However, the case law is described by the authors as having adopted a rather inflexible stance, the end result of which is that no imposition of safeguards has survived the test of consistency with WTO law. They identify the apparent rationale for the case law as an over-insistence on what they label the highly uninformative fair/unfair trade distinction.The economic analysis employed by the authors would suggest that - in the light of the unsatisfactory nature of anti-dumping measures, contrasted with the positive incentives inherent in safeguards - ultimately one could envisage merging the three instruments of contingent protection into one new safeguards instrument. Equally, they argue, this economic approach, combined with legal doctrine, offers great insight into the current provisions, allowing them to be interpreted in a more coherent and meaningful manner.Trade Review'All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case "law" of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field.' -- Christoph Herrmann, Common Market Law Review'Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone.' -- Chad P. Bown, The World Bank, US'The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas.' -- Michael Trebilcock, University of Toronto, Canada'Trade barriers that are contingent on the existence of specific conditions - dumping by, or subsidization of, exporters, and injury of domestic firms - have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area.' -- Bernard Hoekman, The World Bank, USTable of ContentsContents: PART I: ANTI-DUMPING 1. General introduction 2. Dumping 3. Injury and Causality Analysis 4. Procedural Obligations – The Tasks of the Domestic Investigating Authority 5. Conclusions PART II: SUBSIDIES 6. General Introduction to the Agreement on Subsidies and Countervailing Measures: ‘Thou Shall Not Subsidize’ 7. Conditions for Imposition of Countervailing Measures 8. Procedural Requirements Relevant to the Countervailing Duty Investigation 9. Counteracting Subsidies – A Two-track Approach 10. Thou Shall Not be Punished in Any Other Way 11. Special and Differential Treatment 12. Standard of Review 13. Concluding Remarks PART III: SAFEGUARDS 14. The Rationale for Safeguards 15. The Regulation of Safeguards in the WTO 16. Conclusions References Index
£54.10
Edward Elgar Publishing Ltd Social Regulation in the WTO: Trade Policy and
Book SynopsisThis original and authoritative book analyzes how the WTO?s restrictions on the use of trade measures for social goals affects the development of the law of the international community.The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important ?trade-&? cases handed down by the WTO?s Appellate Body, the book stimulates creative consideration of the extent to which the international trading system?s prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.Trade Review‘Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.’ -- Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law‘This book presents a thoughtful and very readable analysis of “social trade regulation”, that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer’s original contribution to the debate is to unpack that unlawful status into the categories of “law-disabling”, “law-supporting”, and “law-creating” trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.’ -- Steve Charnovitz, The George Washington University, USTable of ContentsContents: Preface Part I: Introduction 1. The Social Impacts of Trade 2. The Evolving Character of the International Legal System Part II: Trade Regulation in International Law 3. Unilateral Trade Regulation and the United Nations Charter Principles 4. Unilateral Trade Regulation, the Law of State Responsibility and the Law of Treaties Part III: Social Trade Regulations in WTO Law 5. WTO Obligations Affected by Members’ Use of Social Trade Regulations 6. Legal Remedies for Violations of WTO Law 7. Social Trade Regulations in the WTO Dispute Settlement System: Looking at the Evidence Part IV: Analysis 8. How Can a WTO Member Pursue a Social Goal with Trade Regulations? 9. Is There a Modality to Decide when Trade Measures can be Used to Pursue Social Goals? Index
£38.95
Edward Elgar Publishing Ltd International Trade and Investment Law:
Book SynopsisThis timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction – regional versus global – for the settlement of disputes.This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important.Trade Review‘. . . let me conclude . . . by commending the author for a thoughtful and wide-ranging exposition of some of the major developments in the areas of international trade law and international investment law. He indeed has shown the growing complexity of each and has highlighted the ways in which law and policy come together in each. Readers will find much to debate in International Trade and Investment Law. Thanks to Dr Leal-Arcas the debate will start with a clearer understanding of the different pieces of the puzzle.’ -- T.R. Posner, Transnational Dispute Management‘. . . well researched and well written. . . excellent and should be made mandatory reading material for the relevant courses of EU external trade and investment law and policy. But also, relevant policymakers - in the Member States, as well as in the various EU institutions - could learn a lot and draw inspiration from them on how to deal with the difficult tasks that they are currently facing when developing the future CIEP.’ -- Nikolaos Lavranos, Legal Issues of Economic Integration‘This book comes highly recommended. . . resembling a mini-handbook, [it] provides excellent snapshots on the history of international trade and investment law and provides detailed discussions on the various levels of governance available. . . a well-researched, informative and a good compilation. . . the book is practical and would be considered a valuable resource for academics and students of international trade and investment law.’ -- International Trade and Business Law Review‘. . . a significant contribution to the literature. . . Leal Arcas’s analysis should be of interest to policy-makers and negotiators.’ -- International Trade Law and RegulationTable of ContentsContents: 1. Introduction: International Law is Fragmented and Cyclical Part I: International Trade Law and Policy 2. Unilateralism 3. The Rise and Fall of Multilateralism 4. The Rise of Bilateralism/Regionalism 5. The EU’s Relationship with Brazil and India 6. The EU’s Relationship with China 7. The EU’s Relationship with Russia Part II: International Investment Law and Policy 8. Preliminary Remarks on Foreign Direct Investment 9. History of Foreign Direct Investment Regulation 10. Current Regulatory Regimes 11. Why is there a Need for a Multilateral Investment Treaty? 12. How to Design a Multilateral Framework for Investment Part III: Choice of Jurisdiction for the Settlement of Trade Disputes 13. An Overview of the WTO and the NAFTA 14. Comparison between the WTO and NAFTA Epilogue and Recommendations to Part 3 Bibliography Index
£116.00
Edward Elgar Publishing Ltd East Asian Economic Integration: Law, Trade and
Book SynopsisThis book analyzes recent developments and likely future paths for trade and financial integration in East Asia. It suggests a more coherent, balanced way forward for regional economic integration and analyses implications for institution building in East Asia. East Asia has achieved a high degree of intra-regional trade, investment and GDP correlation, through an expanding web of free trade agreements and production networks. However, financially, most regional economies are linked more closely to North America and Europe than to each other. As trade integration has accelerated, financial and monetary integration has not kept pace. East Asian Economic Integration analyzes potential reasons and remedies for this phenomenon through a multidisciplinary framework of law, politics and economics. This comprehensive book will appeal to researchers and students in political science, international relations, trade law, international finance law, and regional studies generally. It will also be of great interest to regional policy makers. Contributors include: H. Gao, P. Lejot, C.L. Lim, B. Mercurio, M. Mushkat, R. Mushkat, J. Nakagawa, C.-Y. Park, I. Sohn, L. Toohey, N. Vu, T.H. YenTrade Review'This book offers a fascinating exploration of the contradictions of East Asian economic integration: a topic of enormous contemporary significance to observers of world political and economic affairs. The collection provides an unusually rigorous and systematic treatment of this important topic, drawing on contributions from an impressive array of experts. It will provide a valuable resource for students, scholars and other observers seeking deeper understanding of the contemporary dynamics and challenges of East Asian integration.' - Kate MacDonald, University of Melbourne, Australia 'East Asia is a crucial part of the global economy. This book analyses three key elements of East Asian economic integration: trade, investment and international finance. The authors are leading experts in their fields. Their book represents an important addition to the literature on a subject of fundamental importance both regionally and globally.' --- Bradly J. Condon, ITAM, Mexico CityTable of ContentsContents: Introduction Ross P. Buckley, Richard Weixing Hu and Douglas W. Arner PART I: THE CHANGING REGIONAL ORDER AND DYNAMICS FOR COOPERATION 1. China, the US and Regional Institution Building in East Asia Richard Weixing Hu 2. Who’s Afraid of Asian Trade Regionalism, and Why? C.L. Lim 3. Endemic Institutional Fragility in the Face of Dynamic Economic Integration in Asia: The Case of Transboundary Pollution in Hong Kong Miron Mushkat and Roda Mushkat PART II: TRADE INTEGRATION 4. Japan’s FTA (EPA) and BIT Strategy in the Light of Competitive Dynamics Junji Nakagawa 5. China’s Strategy for Free Trade Agreements: Political Battle in the Name of Trade Henry Gao 6. Bilateral and Regional Trade Agreements in Asia: A Skeptic’s View Bryan Mercurio 7. When ‘Failure’ Indicates Success: Understanding Trade Disputes between ASEAN members Lisa Toohey 8. East Asian Investment Treaties in the Integration Process: Quo Vadis? Trinh Hai Yen PART III: FINANCIAL INTEGRATION 9. Global Financial Regulatory Reforms: Implications for East Asia Douglas W. Arner and Cyn-Young Park 10. Legitimacy and Power: The Political Dynamics of East Asian Financial Regionalism Injoo Sohn 11. Institutional Completeness in the Chiang Mai Initiatives Paul Lejot 12. Beyond the Multilateralized Chiang Mai Initiative: An Asian Monetary Fund Ross P. Buckley 13. The Evolving Role of the Asian Development Bank in the Creation of an Asian Currency Unit Nhu Vu Conclusion Richard Weixing Hu, Douglas W Arner and Ross P. Buckley Index
£126.00
Edward Elgar Publishing Ltd Research Handbook on the Protection of
Book SynopsisThis comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume –- Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules - – it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.Trade Review‘Carlos Correa has in these two Research Handbooks on the TRIPS Agreement, done a magnificent job of bringing together a large number of scholars to analyse the many issues raised by the Agreement. The result is an integrated resource of high quality that helps readers to understand the many complex dimensions of TRIPS.’ -- Peter Drahos, RegNet, The Australian National University, Canberra‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’ -- = Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, SwitzerlandTable of ContentsContents: Preface Carlos M. Correa HISTORY, INTERPRETATION AND PRINCIPLES 1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPS Charles Clift 2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations Carolyn Deere-Birkbeck 3. Minimum Standards vs. Harmonization in the TRIPS Context: The Nature of Obligations under TRIPS and Modes of Implementation at the National Level in Monist and Dualist Systems Denis Borges Barbosa 4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement Graeme B. Dinwoodie and Rochelle C. Dreyfuss 5. The Objectives and Principles of the TRIPS Agreement Peter K. Yu 6. Mainstreaming the TRIPS and Human Rights Interactions Xavier Seuba 7. The TRIPS Agreement and Intellectual Property Rights Exhaustion Luis Mariano Genovesi 8. Intellectual Property Rights and Competition Policy Beatriz Conde Gallego 9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards Pedro Roffe, Christoph Spennemann and Johanna von Braun SUBSTANTIVE RIGHTS 10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement P. Bernt Hugenholtz 11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties Ruth L. Okediji 12. The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty Owen Morgan 13. Marks for Goods or Services (Trademarks) Annette Kur 14. Unresolved Issues on Geographical Indications in the WTO Kasturi Das 15. No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications Dwijen Rangnekar 16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries Graham Dutfield, Lois Muraguri and Florian Leverve 17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options Jerome H. Reichman 18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing Capacity S.K. Verma 19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bis Kevin Outterson 20. The Protection of Semiconductor Chip Products in TRIPS Thomas Hoeren 21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry’s Demands in Free Trade Agreements Carlos M. Correa Index
£58.85
Edward Elgar Publishing Ltd Global Trading Arrangements in Transition
Book SynopsisThis volume focuses on the crucial economic, political and legal aspects of global trading arrangements in the current transitional stage of the integration process. It provides an evaluation of the deepening and widening of the integration process, and places particular emphasis on the contentious issues which arise in the process of integrating previously unequal partners.Nations are contemplating taking part in various integration initiatives and schemes for a variety of purposes. They anticipate discernible improvements in the well-being of their citizens - that is, a rise in living standards resulting from closer economic integration. The international diverse group of authors begins by examining the general issues confronted by countries engaging in various levels of integration. They then go on to discuss theoretical and empirical studies of the implications of economic integration on welfare and public policy. It specifically addresses issues such as the impact on industry in participating countries and the effects of NAFTA on Mexico.This book will be welcomed by practitioners, academics and students interested in economic integration, international economics, political science and international business.Table of ContentsContents: Introduction Part I: Trade Theory, Policy and Welfare 1. Economic and Financial Integration 2. Implications of NAFTA on the Trade of US Economies 3. Welfare Effects of the Completion of the Single European Market 4. NAFTA, The EU and Agricultural Trade 5. The State of the Welfare State in the EU, Anno 1992 6. Economic Integration and Regional Economic Convergence in NAFTA and the EU Part II: Impact of Economic Integration on Industrial Organization 7. The Role of Small and Entrepreneurial Firms in Achieving Economic Integration during the Transition from Command to Market-based Economies 8. Trade Liberalization in Eastern European Countries and the Prospects of their Integration into the World Trading System 9. Long-run and Short-run Effects of Economic Integration on the Inflow of Foreign Direct Investment 10. Japanese Manufacturing FDI’s in Europe 11. Tendencies and Idiosyncrasies of European Trading Partners Part III: Lessons from the Case of Mexico 12. The Growing Anti-immigrant Debate in the North American Region and its Impact on Mexico 13. NAFTA and Mexico 14. Successful Integration and Economic Distress 15. Economic Integration, Exchange Rate and Competitiveness
£114.00
Springer Nature Switzerland AG Algorithmic Antitrust
Book SynopsisAlgorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation. Table of ContentsPrologue: Algorithmic Antitrust – A Primer.- Algorithmic Antitrust – A Critical Overview.- Algorithmic Antitrust and Consumer Choice.- Algorithms, Big Data, and Merger Control.- Reasons to be Cheerful – The Benevolent Market Power of Decentralised Blockchains.- Blockchain Antitrust.- The Technology Innovation Time Gap in European Competition Law: Assessing the European Commission’s Approach.- Epilogue: Algorithmic Antitrust – A Questioning.
£123.49
Springer Nature Switzerland AG Customs Unions in the WTO: Problems with
Book SynopsisHow the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of trade measures – anti-dumping measures. This book answers the question how anti-dumping measures and legislation change if a state is in a customs union as well. In doing so, this book provides a new reasoning why anti-dumping measures are modified in customs unions, as well as a comprehensive overview of how this has happened, a legal analysis on the legality of these changes, and an answer to the question how the different institutional settings have impacted questions of responsibility and attribution. Going beyond this, this book also considers the specific problems that arise in cases of economic integration and disintegration, and finally, the impact forming a customs union has on third parties that may impose anti-dumping measures on states that are members of a customs union.Table of ContentsIntroduction.- Why do Customs Unions Contain Rules on Anti-Dumping?.- Practice in Customs Unions.- WTO Framework.- Responsibility for and Attribution of Anti-Dumping Measures.- Economic Integration and Economic Disintegration.- Anti-Dumping Measures Against Customs Unions.- Conclusions.
£116.99
Springer Nature Switzerland AG Sustainable Commodity Use: Its Governance, Legal
Book SynopsisThis open access book examines the governance and legal landscape of the global commodity sector. For that purpose, the author conceptualises both Global Commodity Governance (GCG) as well as Transnational Commodity Law (TCL). He defines the key terms of Global Commodity Governance, delineates the underlying legal framework of Transnational Commodity Law, and assesses the effectiveness of Transnational Commodity Law in fostering a functional commodity sector. “Sustainable Commodity Use” is based on a comprehensive analysis of over 250 international agreements, standards, and guiding documents. The author distils the main findings into a conceptualisation of Transnational Commodity Law and provides the reader with a succinct overview of its normative configurations as well as regulatory gaps. Moreover, he elaborates a taxonomy of International Commodity Agreements. In addition, an outline of the normative substance of Transnational Commodity Law features in an appendix to the main text. The author concludes by making concrete suggestions on how rules regulating commodity activities de lege ferenda could and should be designed to improve the effectiveness of law regulating transnational commodity activity. In doing so, he demonstrates the application of the sustainable use principle as the overall objective and purpose of Transnational Commodity Law and discusses International Commodity Agreements as future regulatory instruments. This book may assist lawmakers, practitioners, civil society advocates, and academics worldwide in developing a legal framework for sustainable global commodity activity.Table of ContentsIntroduction.- The emergence of Global Commodity Governance.- Conceptualising TCL.- The effectiveness of TCL.- Fostering the effectiveness of TCL.- Conclusions.- The substance of TCL: An outline.
£33.24
Springer International Publishing AG Data Protection without Data Protectionism: The
Book SynopsisThis open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.Trade Review“This is quite a stark finding — that lacklustre supervision and enforcement could violate not only EU law but even WTO law (who would have thought that?) — and an illustration of the rich and thought— provoking writing found in this doctoral thesis. It is a book about which much more could be said than the limited space of a standard book review would allow.” (Jacob Kornbeck, Journal of Data Protection & Privacy, Vol. 6 (2), 2023)Table of Contents1. Introduction.- Part One - European Data Protection Law.- 2 The Global Right to Data Protection.- 3. The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union.- Part Two - International Trade Law.- 4. Restrictions on Data Transfers and the WTO.- 5. Restrictions on Data Transfers and Trade.- Part Three.- 6. Concluding Remarks: Data Protection without Data Protectionism.
£33.24
Springer International Publishing AG WTO Security Exceptions in Practice and
Book SynopsisThis book offers an in-depth analysis of the WTO security exceptions and relevant rulings by WTO dispute settlement panels. The WTO security exceptions are commonly regarded as the "box of Pandora" of the WTO system, since WTO Member States can invoke them in order to justify trade restrictions violating WTO law which they consider necessary for their essential security interests. The Members of the WTO and the GATT 1947 have hesitated for decades to rely on these security exceptions. In recent years, however, these clauses have been invoked for the first time in high-profile disputes involving Russia and Ukraine, Saudi Arabia and Qatar, as well as the US, China, the EU and other nations. This has been regarded as the turn of an era in view of the risk that the security exceptions could be instrumentalized to undermine the WTO and the international economic governance system more generally. This study therefore thoroughly analyses the WTO panel reports issued in these landmark cases. It also explains the geopolitical relevance of the increasing invocation of security clauses and argues that the legally and methodologically sound application of the WTO security exceptions, which have often been regarded as “self-judging” provisions, requires a proportionality analysis encompassing tests of the suitability and necessity of the trade measures to be justified under these truly exceptional clauses. Table of Contents1 Introduction.- 2 (Geo-)Political Background: From Interdependence to “Permanent Exceptionalism”?.- 3 The Security Exceptions in the GATT and TRIPS as Interpreted and Applied.- 4 Methodological Aspects: Curtailing “Trump Cards” through Good Faith and Proportionality?.- 5 Concluding Remarks.
£33.24
Springer International Publishing AG Ethics of Socioeconomics: Critical Observations
Book SynopsisThe book analyzes socioeconomic through the lens of a lawyer. In the past decade the world has witnessed some severe financial and economic crises, especially the financial crisis of 2007-2008 and the crisis caused by the COVID-19 pandemic. The author states that the socio-economic order has in the past four to five decades been thoroughly redesigned, generally favouring models that prioritize the free market over the public interest or even, more generally, government operation. He works out that during four to five decades, globalized, capitalist societies are facing a multiplicity of fundamental problems, such as: (1) increasing debt that severely burdens both the private and public sectors; (2) persistent poverty and an ever-increasing polarization between rich and poor, in addition to (3) intractable environmental problems that, fifty years after the Club of Rome's report entitled ‘Limits to growth’ (1972), has dragged the world into what in recent years has been referred to as "climate change."The book explains why all this is the direct result of value choices made from the late Middle Ages onwards, when in the Western world the societal models of that time were increasingly abandoned for a societal model that came to rely on the primacy of economic interests. The book not only subjects the ethical choices but also examines various problems it has caused and probes for possible ways out.This is an open access book.Table of Contents Chapter 1. The principles of capitalism questioned.- Chapter 2. Revisiting some building blocks of contemporary capitalism that center selfishness.- Chapter 3. Unsustainability of the capitalist socio-economic order.- Chapter 4. Revisiting an alternative method of money creation on behalf of states and certain, international, and supranational institutions as a possible way out of capitalism.- Chapter 5. From neoliberal punitive states to states of care.- Chapter 6. Alternative methods of money creation for the benefit of the private sectors.- Chapter 7. Conceptualization and sense of reality of some new, legal models for conducting an enterprise.- Chapter 8. Final Conclusions I: Capitalism as an unjust system of socio-economic order.- Chapter 9. Final Conclusions II: Establishing a new monetary order as a foundation for a new type of societies.
£42.74
Springer International Publishing AG Ethics of Socioeconomics: Critical Observations on Capitalism through the Lens of a Lawyer
Book SynopsisThe book analyzes socioeconomic through the lens of a lawyer. In the past decade the world has witnessed some severe financial and economic crises, especially the financial crisis of 2007-2008 and the crisis caused by the COVID-19 pandemic. The author states that the socio-economic order has in the past four to five decades been thoroughly redesigned, generally favouring models that prioritize the free market over the public interest or even, more generally, government operation. He works out that during four to five decades, globalized, capitalist societies are facing a multiplicity of fundamental problems, such as: (1) increasing debt that severely burdens both the private and public sectors; (2) persistent poverty and an ever-increasing polarization between rich and poor, in addition to (3) intractable environmental problems that, fifty years after the Club of Rome's report entitled ‘Limits to growth’ (1972), has dragged the world into what in recent years has been referred to as "climate change."The book explains why all this is the direct result of value choices made from the late Middle Ages onwards, when in the Western world the societal models of that time were increasingly abandoned for a societal model that came to rely on the primacy of economic interests. The book not only subjects the ethical choices but also examines various problems it has caused and probes for possible ways out.This is an open access book.Table of Contents Chapter 1. The principles of capitalism questioned.- Chapter 2. Revisiting some building blocks of contemporary capitalism that center selfishness.- Chapter 3. Unsustainability of the capitalist socio-economic order.- Chapter 4. Revisiting an alternative method of money creation on behalf of states and certain, international, and supranational institutions as a possible way out of capitalism.- Chapter 5. From neoliberal punitive states to states of care.- Chapter 6. Alternative methods of money creation for the benefit of the private sectors.- Chapter 7. Conceptualization and sense of reality of some new, legal models for conducting an enterprise.- Chapter 8. Final Conclusions I: Capitalism as an unjust system of socio-economic order.- Chapter 9. Final Conclusions II: Establishing a new monetary order as a foundation for a new type of societies.
£33.24
Springer International Publishing AG Fragmentation of International Trade Law Reassessed: Analyzing the Role of PTA-DSMs Based on Their Adjudication of General Exception Clauses
Book SynopsisThis book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations. On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods. Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.Table of Contents1. Introduction.- 2 Fragmentation of International Trade Law due to the activity of PTA-DSMs. -3. Revisiting methodological shortcomings for assessing the role of PTA-DSMs for the fragmentation of international trade law.- 4. Developing the Ramifications for the Analysis on the Contribution of Active PTA-DSMs to the Diversity in the Regulation of International Trade.- 5. Putting the revisited methodology to practice.- 6. Results on PTA-DSMs’ role for the fragmentation of international trade law.- 7. General conclusion.8. Annex.- 9. Bibliography.
£125.99
Springer International Publishing AG International Economic Law: New Approaches and
Book SynopsisThis volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance.In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and “classic” areas of IEL.We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.Table of ContentsPart I: New Approaches to International Economic Law.- The Depoliticization of Investment Disputes – How Deep Does the “Rabbit Hole” Go.- The OECD Good Regulatory Practices toolbox and Brazil's reform through transnational lenses.- The Role of Multilateral Institutions in the Perpetuation of Climate Breakdown and Vulnerability.- A TWAIL Approach to Reforming the International Investment Regime.- Part II: Technology and Innovation in International Economic Law.- 3D Printing, Valuation, and Service Inputs: Looking to the Future Rather Than the Past to Design Rules of Origin for Advanced Manufactured Products.- Challenges and Possibilities for Classifying Digital Cultural Products in the WTO: A Case Study of Video Games.- E-Commerce Provisions in Regional Trade Agreements and what they mean for African MSMEs.- Part III: Public Policy and International Economic Law.- Pursuing geo-political interests through investment policies: undesirable and (un)feasible.- The Anti-Coercion Instrument: Is the EU renouncing its ‘Multilateralist’ DNA?.- The Principle of Autonomy of EU Law in the Context of Investor-State Dispute Settlement: A Public Policy Norm?.- MFN Dilemma in India’s DTAAs Post-Concentrix Ruling: A Ticking Time Bomb.- Part IV: Trade Regulation.- Energy Transit under GATT Article V and Energy Transit Dispute Resolution at the WTO.- EU Imported Biodiversity Loss – the Gaps and Overlaps Between Trade Impact and Provisions on Biodiversity in EU Free Trade Agreements.- Multilateral and Bilateral Trade Agreements at the Service of ‘Common Interest.
£142.49
Springer ThirdParty Funding in Investment Arbitration
Book Synopsis1 The new phenomenon in investment arbitration.- 2 Definition, history and basic mechanism of tpf.- 3 Existing and potential procedural problems in tpf in investment arbitration: analysis of the case law.- 4 Empirical research in the TPF market.- 5 Third-party funding: threat or facilitator of the system - an ethical dilemma.- 6 Conclusion.- 7 The best practice guideline for funders operating in investment arbitration.- Appendix - investment arbitration cases.
£98.99
Springer Regulation of Biotechnological Risks in a MultiLevel System
Book SynopsisIntroduction.- Scientific Background.- The European Court of Justice’s Decision on Genome Editing.- The Regulation of Genetically Modified Plants in the European Union.- The EU’s Obligations under WTO law and CETA.- EU Regulations on Genome Edited Plants under WTO Law and CETA.- The Future of Genome Edited Plants in the EU.- Concluding Remarks.- Summary of Results.
£125.99
Springer Investment Protection and Environmental Governance
Book SynopsisIntroduction.- Part I. Context and Theoretical Background.- Navigating Environmental Concerns and Sustainability in Contemporary International Investment Agreements.- Part II. Vietnam’s Policies and Legislation on FDI and Environmental Protection: A Continuing Journey.- Vietnam’s Foreign Direct Investment Policy and Legislation Evolution.- Vietnam’s Environmental Protection Policy and Legislation: Abundant but Ineffective.- Part III. Exercising the Right to Protect the Environment under the EVIPA.- The EU - Vietnam Trade and Investment Agreements: Preserving Regulatory Space for Environmental Protection.- Expropriation and Indirect Expropriation Provisions under the EVIPA.- Fair and Equitable Treatment Standard under the EVIPA.- Fair and Equitable Treatment Standard under the EVIPA.- General Exception Clause under the EVIPA.- Part IV. Harmonising Environmental Protection Goals in Foreign Direct Investment Management in Vietnam – Policy Implications.- 10 Regulatory Right under the EVIPA: Policy Implications and Key Considerations for Vietnam.- Outlook.
£125.99
De Gruyter Cmr
Book Synopsis
£180.50
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Mediation und Konfliktkultur: Wie Top-Manager
Book SynopsisDieses Buch untersucht interdisziplinär die Erfolgsfaktoren für Wirtschaftsmediation. Rechtsanwalt und Mediator Dr. iur. Detlev Berning hat renommierte Vertreter aus Wirtschaft, Politik und Wissenschaft eingeladen, Einblick zu geben in die jeweilige Konfliktkultur ihrer Bereiche und in ihre Erfahrungen mit Mediation. Im Fokus steht dabei die Frage, unter welchen Voraussetzungen Mediation Erfolg haben kann, welchen Veränderungen Organisationen sich stellen (müssen) und welche Entwicklungen in Zukunft zu erwarten sind. Zudem wird diskutiert, inwiefern Mediation in Unternehmen und anderen Organisationen zu „guter Führung“ beitragen kann.Mit Interviews und Fachbeiträgen von Prof. Patrick Sensburg (Mitglied des Deutschen Bundestages), Prof. Claude-Hélène Mayer (Universität Frankfurt/Oder), Dr. Gerhard Stamer (Universität Bamberg), Dr. Antje von Dewitz (Vaude), Martin Kind (Kind Hörgeräte) sowie Vorständen, Aufsichtsräten und anderen Top-Managern.Trade Review“… Wer Anregungen von Führungskräften zur Etablierung eines Konfliktmanagementsystems im eigenen Unternehmen wünscht oder wer Einblicke in die aktuelle Diskussion um den Umgang mit Konflikten in Wirtschaftsorganisationen erhalten möchte, wird dieses Buch genießen. … Es macht deutlich, dass sich Unternehmen aus unterschiedlichen Gründen schneller als bisher auf Umweltveränderungen einstellen müssen und diese Veränderungen zu Konflikten führen. ... Hinweise darauf, wie diese »Einstellung auf Konflikte« erreicht werden kann, bietet das Buch in großer Fülle.” (Anusheh Rafi, in: Konflikt Dynamik, Jg. 8, Heft 1, 2019)Table of ContentsWirtschaftsmediation im Blickpunkt – Perspektiven anderer Disziplinen.- Wirtschaftsmediation in der Praxis.- Wirtschaftsmediation und gute Führung.
£36.09
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Die Aktiengesellschaft: Gründung, Organisation,
Book SynopsisDieses Fachbuch bietet auf übersichtliche und kompakte Weise einen schnellen Zugang zur Rechtsform Aktiengesellschaft. Die Darstellung deckt dabei die gesamte Bandbreite des Aktienrechts ab, ohne sich übermäßig an wissenschaftlichen Diskussionen zu Einzelproblemen aufzuhalten. Dennoch wird der neueste Stand von Wissenschaft und Rechtsprechung pointiert und praxisnah dargestellt. Das Buch vermittelt daher vor allem Praktikern, die keinen juristischen Hintergrund haben, im Rahmen ihrer Tätigkeit aber häufiger mit Aktiengesellschaften in Berührung kommen, ein solides Rüstzeug, indem es einen Überblick über die größeren rechtlichen Zusammenhänge gibt.Table of ContentsGründung der Aktiengesellschaft und Begriff der Aktie.- Rechtsstellung des Aktionärs.- Organisationsverfassung der AG.- Finanzverfassung der AG.
£36.09
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Die Vertragsverhandlung: Taktische, strategische
Book SynopsisDieses Werk widmet sich der unternehmerischen Vertragsverhandlung. Die hier erörterten Erkenntnisse, Taktiken und Strategien können sowohl in Verhandlungen zwischen Unternehmen als auch bei unternehmensinternen Verhandlungen Anwendung finden. In die Betrachtung fließen daher interdisziplinär psychologische, rechtliche und betriebswirtschaftliche Aspekte sowie Erkenntnisse aus der Kommunikationswissenschaft ein. Die Taktiken und Strategien sowie die rechtlichen Rahmenbedingungen und ihre Auswirkungen auf Verhandlungen sind zentraler Schwerpunkt des Buches. Darüber hinaus werden auch Gesamtkonzepte, Techniken, Hilfsmittel, tatsächliche Rahmenbedingungen, Mechanismen sowie Grundbegriffe und -probleme erörtert. Die Lektüre ist für Interessierte ohne Vorkenntnisse, insbesondere aber auch für erfahrene Verhandler interessant, da sie hilft, das praktisch Erlebte zu verstehen, die dahinter stehenden Wirkungsmechanismen zu erkennen und darauf aufbauend die eigenen Taktiken und Strategien zu verbessern.Trade Review“... reich mit neuen Erkenntnissen belohnt. Denn hinter jedem Schlagwort steht ein ganzes Konzept. Wer in dem Werk stöbert, findet also einen ziemlich umfassenden und erschöpfenden Fundus an verhandlungstheoretischen Ansätzen. Sicherlich eine wertvolle Hilfe für alle, die in ihrem Verhandlungsgeschickt schon weit fortgeschritten sind. ” (Niederrhein Manager, Heft 4, 2018)Table of ContentsPlanung und Ablauf von Vertragsverhandlungen.- Erörterung von zentralen Gesamtkonzepten, Strategien, Taktiken, Techniken, Hilfsmitteln, Rahmenbedingungen, Mechanismen sowie Grundbegriffen und -problemen der Vertragsverhandlung.- Systematische Betrachtung der Vertragsverhandlung.- Themenlisten u.a. zu Kommunikationstechniken, kompetitivem und kooperativem Verhandeln, Lösungen und Kompromissen sowie den rechtlichen Rahmenbedingungen von Verhandlungen.
£66.49
