Public international law: economic and trade Books
Edinburgh University Press The European Union and South Korea
Book SynopsisOffers insights into the state of EU-Korea relations and considers potential lessons for other bilateral and regional initiatives. This is a study of the recently concluded South Korea-EU FTA and its implications for relations between the two partners. It analyses the key provisions of the South Korea-EU FTA in detail.
£27.54
McGill-Queen's University Press Trade Barriers to the Public Good
Book SynopsisThe North American Free Trade Agreement (NAFTA) and the Agreement on Internal Trade (AIT) were designed to strengthen investor's rights at the expense of community rights and environmental protection. Both deals have achieved their aims. This title provides an examination of NAFTA and AIT cases involving MMT.Trade ReviewTrade Barriers to the Public Good brings a rigorous and refreshing moral perspective to bear on the policy implications of trade treaty provisions. Scott Sinclair, Canadian Centre for Policy Alternatives
£77.25
McGill-Queen's University Press Patriots and Profiteers
Book SynopsisDemonstrates that economic warfare fails almost everywhere it is attempted, and that even when it succeeds, it has consequences that are not only unintended, but also frequently the precise opposite of their advertised result.Trade Review"Patriots and Profiteers makes for compelling reading in the age of global trade. It's well researched and dizzyingly relentless in its detail." Paul Weinberg "Combines scholarship with immediacy and gripping good stories." Vancouver Sun "Lively, informative, and thought-provoking." Globe and Mail
£22.99
University of British Columbia Press Globalization and Local Adaptation in
Book SynopsisDrawing on case studies from the Pacific Rim, this book traces the selective adaptation of international trade law to local conditions.Table of ContentsPreface Part 1: Concepts and Methods Introduction: Selective Adaptation, Institutional Capacity, and theReception of International Law under Conditions of Globalization /Pitman B. Potter Global Competition Governance: A Step towards Constitutionalizationof the WTO / Ljiljana Biukovic Methodology and Current Research Directions in Cross-CulturalConflict Resolution / Emma Buchtel Part 2: Local Implementation of GlobalStandards Globalization and Local Culture in Contracts: Japanese Companies inThailand / Yoshitaka Wada NAFTA, Labour Mobility, and Dispute Resolution within a NorthAmerican Context / Kathrine Richardson The TRIPS Agreement and New Developments in IP Law in China /Liao Zhigang Competition Policy, Capacity Building, and Selective Adaptation:Tentative Lessons from Japan's Experience with Anti-Cartel Policies/ Richard Schwindt and Devin McDaniels Selective Adaptation of Economic Governance Norms in China:Transparency and Autonomy in Local Context / Pitman B.Potter Part 3: Case Studies on Dispute Resolution International Dispute Resolution in Japan: A Combination of Judicialand Other Systems / Maomi Iwase Introduction to International Trade Dispute Settlement in China /Wang Shuliang Alternate Dispute Resolution in Japanese Legal Education:Preliminary Evidence from the 2003 and 2004 Curricula / MayumiSaegusa and Julian Dierkes A Comparative Study of Olympic Marks Protection and Beyond: Canada,the United States, and China / Wenwei Guan Conclusion: Reaching Normative Consensus in International Trade Law/ Ljiljana Biukovic Contributors Index
£73.95
University of British Columbia Press Globalization and Local Adaptation in
Book SynopsisDrawing on case studies from the Pacific Rim, this book traces the selective adaptation of international trade law to local conditions.Table of ContentsPreface Part 1: Concepts and Methods Introduction: Selective Adaptation, Institutional Capacity, and theReception of International Law under Conditions of Globalization /Pitman B. Potter Global Competition Governance: A Step towards Constitutionalizationof the WTO / Ljiljana Biukovic Methodology and Current Research Directions in Cross-CulturalConflict Resolution / Emma Buchtel Part 2: Local Implementation of GlobalStandards Globalization and Local Culture in Contracts: Japanese Companies inThailand / Yoshitaka Wada NAFTA, Labour Mobility, and Dispute Resolution within a NorthAmerican Context / Kathrine Richardson The TRIPS Agreement and New Developments in IP Law in China /Liao Zhigang Competition Policy, Capacity Building, and Selective Adaptation:Tentative Lessons from Japan's Experience with Anti-Cartel Policies/ Richard Schwindt and Devin McDaniels Selective Adaptation of Economic Governance Norms in China:Transparency and Autonomy in Local Context / Pitman B.Potter Part 3: Case Studies on Dispute Resolution International Dispute Resolution in Japan: A Combination of Judicialand Other Systems / Maomi Iwase Introduction to International Trade Dispute Settlement in China /Wang Shuliang Alternate Dispute Resolution in Japanese Legal Education:Preliminary Evidence from the 2003 and 2004 Curricula / MayumiSaegusa and Julian Dierkes A Comparative Study of Olympic Marks Protection and Beyond: Canada,the United States, and China / Wenwei Guan Conclusion: Reaching Normative Consensus in International Trade Law/ Ljiljana Biukovic Contributors Index
£26.99
University of Toronto Press Defying Conventional Wisdom Political Movements
Book SynopsisThe first major study on the origins, strategies, and activities of movements and coalitions in opposition to free trade that arose in Canada and spread across North America - it captures an important developmental period in Canadian political life.Trade Review'For students of Canadian politics, this is one of the few books that analyzes free trade politics in terms of the dynamic interplay between the so-called popular sector and the governing institutions, the state, and other social and political actors... Ayres has made a major contribution in advancing our thinking about social movements, and his discussion of "transnational and popular democracy" makes this book very useful for scholars interested in collective campaigns that transcend national borders.' The Journal of Politics
£25.19
New York University Press Just Trade
Book SynopsisWhile modern trade law and human rights law constitute two of the most active spheres in international law, follow similar intellectual trajectories, and often feature the same key actors and arenas, neither field has actively engaged with the other. This book makes a case for reaching a middle-ground between these two fields.Trade Review"Although highly developed international regimes promoting free trade and advancing human rights are often mischaracterized as mutually incompatible, this excellent study clearly demonstrates their common normative and institutional foundations as well as the complementarity of their respective purposes. In its convincing argument, Just Trade invites us to celebrate and utilize the capacity of free trade and human rights to advance a common agenda." -- Thomas Franck,co-author of Law and Practice of the United Nations"Professors Powell and Hernandez-Truyol have proposed an ambitious effort to bridge longstanding differences between the business and human rights communities by incorporating human rights and environmental obligations in trade agreements. Their book offers a multitude of new ideas on how a middle ground could be achieved, reflecting the authors' understanding of trade agreements and the challenges of harnessing trade's worldwide power for the advancement of human rights. Whatever one's views on the feasibility of a & new covenant' linking trade and human rights, there is always value in a comprehensive, in-depth discussion of the issues involved. And one cannot help but be impressed by the authors' passionate commitment to constructing a new path forward and their understanding of international law." -- Warren H. Maruyama,Partner, Hogan & Hartson LLP (formerly General Counsel, US Trade Representative 2007-2009)"Hernandez-Truyol’s and Powell’s collective expertise has yielded a highly readable effort designed to end the trade regime’s ‘splendid isolation’ from the rest of international law, and especially human rights law. Their text, intended for classroom use, will do much to lessen the unfortunate disconnect between these legal sub-specialities. Theirs is not an idealistic diatribe against the WTO but an honest attempt to marry the undeniable legitimacy of the human rights ideal with the equally undeniable economic benefits of using the law to advance states’ comparative advantage. The authors’ manifold (and sometimes surprising) examples of the connections between the trade and human rights ‘borderlands’ yield prescriptions for a more humane and sustainable form of trade liberalization." -- Jose Alvarez,author of International Organizations as Law-makers"“The authors intend the book to be a catalyst for discussion and development of policy coherence in these two areas [trade rules and human rights]. They should be applauded for an ambitious, even courageous, foray into this minefield and for a carefully developed, thought-provoking presentation... As a labor rights practitioner, I found a number of these ideas thought-provoking." * Industrial and Labor Relations Review *"This work is an ambitious attempt to redefine the relationship between international trade law and the legal and moral principles of international human rights. . .an impressive book that constructs a noteworthy case regarding how trade and human rights law can be reconstituted so that they are largely coterminous and mutually supportive." * CHOICE *Table of ContentsAcknowledgments Acronyms Getting Started: A General Introduction 1 Global Concepts: International Law Primer 2 Pillars and Escape Hatches: Basic Concepts of International Trade Law in the Americas 3 Global Laws, Local Lives: Basic Concepts and Legal Regimes of Human Rights Law in the Americas 4 Splendid Isolation's Progeny: The Intersections of Trade and Human Rights 5 Who Belongs, Who Rules: Citizenship-Voice and Participation in the Global Marketplace 6 Ecosystem Degradation and Economic Growth: Trade's Unexploited Power to Improve Our Environment 7 Not Just a Question of Capital: Health and Human Well-Being 8 Exploitation or Progress? Terms and Conditions of Labor 9 Human Bondage: Trafficking 10 Bebel Redux: The Woman Question 11 First Peoples First: Indigenous Populations 12 From Excess to Despair: The Persistence of Poverty 13 Freedom from Famine and Fear: Democracy 14 Imperial Rules: Economic Sanctions 15 Recognizing Indivisibility, Bridging Divides: Visions and Solutions for the Future of the Trade and Human Rights Relationship Notes Index About the Authors
£62.90
Rowman & Littlefield Publishers Africa through an Economic Lens
Book Synopsis
£32.40
Rowman & Littlefield Publishers Services Trade in the Western Hemisphere
Book Synopsis
£18.99
Hoover Institution Press,U.S. NAFTA at 20 The North American Free Trade
Book SynopsisDrawing from a December 2013 Hoover Institution conference on NAFTA at 20, this book brings together distinguished academics who have studied the effects of NAFTA with high-level policy makers to present a comprehensive view of the North American Free Trade Agreement. It looks at the conception, creation, outcomes so far, and the future of NAFTA from the perspective of economists, historians, and policy makers.
£18.95
CABI Publishing Banana Wars
Book SynopsisIn 2001, the EU and US announced the end of a trade dispute over the sale of bananas into the EU market. The allocation of import licences had been found to violate World Trade Organization rules and to discriminate against suppliers from Latin America.This book examines the issues surrounding the dispute, in particular: the dependence of small Carribean economies on European Banana Markets; the role of the private sector in influencing public policy; the relation between the banana trade and the political tensions of the EU Common Agricultural Policy; the domestic political influence of banana companies in the US and the role of the WTO and its settlement of trade disputes.Table of Contents1: Introduction 2: Overview of the World Banana Market 3: Mickey Paggi, Center for Agricultural Business, California State University, Fresno, USA and Tom Spreen, Food and Resource Economics Department, University of Florida, Gainesville, USA 4: European Interests in the Banana Market 5: Stefan Tangermann, Food, Agriculture & Fisheries Directorate, Organization for Economic Cooperation & Development, Paris, France 6: The European Common Banana Policy 7: Stefan Tangermann, Food, Agriculture & Fisheries Directorate, Organization for Economic Cooperation & Development, Paris, France 8: Evolution of the Banana Multinationals 9: Tim Taylor 10: Banana Trade in Latin America 11: Esteban R. Brennes and Kryssia Madrigal, INCAE, Alajuela, Costa Rica 12: The Caribbean and the Banana Trade 13: Rachel Anderson, Institute for International Studies, Stanford University, CA, USA, Tim Taylor and Tim Josling 14: US Interests in the Banana Trade Controversy 15: John G. Stovall and Dale E. Hathaway, National Center for Food and Agricultural Policy, Washington DC, USA 16: Bananas and the WTO: Testing the New Dispute Settlement Process 17: Tim Josling 18: Conclusion 19: Index
£157.26
CABI Publishing Agriculture and International Trade
Book SynopsisThe World Trade Organization (WTO) Agreement on Agriculture has had a fundamental impact on agricultural policy worldwide. The new WTO agreements will cover agriculture,sanitary and phytosanitary measures, technical barriers to trade and trade in intellectual property rights. This book addresses the interface between the law of international agricultural trade, the emerging legal and economic order for agricultural trade under the auspices of the WTO, and its impact on agricultural policy reform both in the European Union and the USA. With contributions from leading authorities in the appropriate areas.Table of Contents1: The WTO, International Trade and Agricultural Policy Reform, C Rodgers and M Cardwell 2: The Uruguay Round Agreement on Agriculture and Domestic Support, M R Grossman 3: The Politics of Agricultural Trade, W Grant, University of Warwick, Coventry, UK 4: Farm Subsidies and Agricultural Trade Policy: The Case of US Support Programs, D A Sumner, University of California, USA 5: Multifunctionality and Non Trade Concerns, M R Grossman 6: Multifunctionality of Agriculture: A European Community Perspective, M Cardwell 7: TRIPS and the Protection of Intellectual Property in Biotechnology in the United States, T A Feitshans, North Carolina State University, USA 8: TRIPS, Biotechnology and the Public Domain: What Role Will World Trade Law Play? J Linarelli, University of La Verne College of Law, Ontario, California, USA 9: Regulating GM Products in the EU: Risk, Precaution and International Trade, C Hilson, University of Reading, UK and D French, University of Sheffield, UK 10: International Trade in Genetically Altered Agricultural Products - Impact of the Biosafety Protocol, N W Thorson, University of Nebraska, USA 11: Environmental Policy and Reform of European Agriculture Law, C Rodgers 12: Reforming United States Environmental Regulations for Agriculture: Impediments and Opportunities, D Adelman, University of Arizona, USA
£91.58
Edward Elgar Publishing Ltd Sovereign Finance and the Poverty of Nations
Book SynopsisThis important and timely book explains the legal principles and politics involved in the issue of odious debts, and sovereign debt arrangements more generally.Trade ReviewThis book provides a very valuable contribution to the discussion about odious debts in that it, quite successfully, structures the often rather elusive argumentation. By developing a new and stringent approach to the emergence of a valid legal concept of odious debts, the author presents a fresh perspective to its underlying evaluations and allows, thus, a re-consideration of the need for effective rules in this context. This book will certainly influence fundamentally the future debate of odious debts. - Christoph G. Paulus, Humboldt-Universitat zu Berlin, Germany Whenever a strict application of the law produces a result that is at variance with a general sense of what is morally right, trouble is surely in the offing. This is the central thesis of Yvonne Wong's Sovereign Finance and the Poverty of Nations. When is it legally permissible, when is it ethically acceptable, for a sovereign borrower to disavow a debt incurred in the name of the sovereign state, but not for its (or its citizens') benefit? And if debts incurred by unscrupulous politicians in one era can be disowned by their successors later on under gauzy notions of ''illegitimacy'' or ''odiousness'', what will prevent future unscrupulous politicians from casually dishonoring sovereign obligations that they would just prefer not to pay? These are deep waters, legally and morally. Wong has given us a fascinating insight into one of the most disquieting issues in international financial law. - Lee C. Buchheit, Cleary Gottlieb Steen & Hamilton LLP, US Saddam Hussein was overthrown and executed, but his successors to power are still liable for the debts that he contracted for the nation. Odious regimes can create debts without consent or benefit of their citizens who must subsequently repay them. This fact puzzles both international law specialists and intellectuals who read magazines like The Economist. The result seems wrong, but the right solution is elusive. Yvonne Wong's important and timely book solves some of the puzzles by using methods and theories from international law, economics, and political science. It explains the law and politics inherent in sovereign debt arrangements, and proposes a new legal framework for odious debt. - From the foreword by Robert Cooter Yvonne Wong's book is one of the best treatments of the Odious Debt problem in the literature. It is thorough, balanced and yet manages to be creative. I have already used an early version in my International Debt class and the discussions that were generated were excellent. For anyone seeking to tackle this age old problem, I highly recommend this book. - Mitu Gulati, Duke University, US With some excellent historical research and important analysis of ''odious debt'' accumulation and sovereign debt restructuring mechanisms in modern times, this book is placing the issue of ''odious debt'' at the heart of International law. Thus, it will prove an indispensable companion to any scholar or policy-maker who wishes to gain a multi-prismatic understanding of ''odious debt'' illegality and its implications for the welfare of entire nations. --- Emilios Avgouleas, University of Edinburgh, UKTable of ContentsContents: Foreword by Robert Cooter Introduction 1. The Odious Debts Doctrine: An Overview 2. Sovereign Debt and its Legal Framework 3. History of Sovereign Debt 4. Sovereign Debt and the Poverty of Nations 5. A New Era for International Finance 6. Justifications for a Law Banning Odious Debts 7. Current Ideas for How the Odious Debts Doctrine Could Apply in Practice 8. The New Approach Odious Debts Doctrine (NAODD) 9. Concluding Remark Index
£82.65
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.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
£38.90
Edward Elgar Publishing Ltd Research Handbook on the WTO and Technical
Book SynopsisA relatively new frontier for legal and policy analysis, technical barriers to trade (TBT’s) have become more common as traditional border barriers have been reduced. This comprehensive Handbook comprises original essays by eminent trade scholars exploring the implications of the WTO’s TBT Agreement.Trade Review‘Congratulations on an outstanding book on the WTO TBT Agreement! International regulations and standards reflect societies’ fundamental choices. Regulating and monitoring them is complex, and the renowned co-editors of this book have well understood the multi-faceted matters at stake. In this book, world experts have seized a unique opportunity provided by the wealth of recent TBT jurisprudence to analyse the different dimensions of the TBT Agreement, a WTO agreement little discussed up to now. WTO experts as well as anyone interested in the reach of WTO law into the balance between national sovereignty and the need for international co-operation must read this book.’ -- Gabrielle Marceau, WTO, Legal Affairs Division, UNIGE and Graduate Institute, Geneva, SwitzerlandTable of ContentsContents: Foreword Michael J. Trebilcock 1. Introduction Robert Howse 2. The TBT Agreement in Context Arkady Kudryavtsev 3. Conformity Assessment Procedures Arthur E. Appleton 4. Transparency Obligations under the TBT Agreement Denise Prévost 5. Standard of Review in TBT Cases Michael M. Du 6. Moving Out of the Shadows: Bringing Transparency to Standards and Regulations in the WTO’s TBT Committee Petros C. Mavroidis and Erik N. Wijkström 7. International Standards Markus Wagner 8. Mutual Recognition Agreements and Equivalence Agreements Helen Churchman 9. The Limits of PTAs: WTO Legal Restrictions on the Use of WTO-Plus Technical Regulations in PTAs Joel P. Trachtman 10. The TBT Agreement and Developing Countries Graham Mayeda 11. Contemporary Problems of Climate Change and the TBT Agreement: Moving Beyond Eco-Labelling Michael Cardwell and Fiona Smith 12. The REACH Regulation and the TBT Agreement: The Role of the TBT Committee in Regulatory Processes Lukasz Gruszczynski 13. Consumer Information, Consumer Preferences and Product Labels under the TBT Agreement Tania Voon, Andrew Mitchell and Catherine Gascoigne 14. The TBT Agreement and Private Standards Alessandra Arcuri 15. Technical Barriers to Trade in Information and Communication Technologies Branislav Hazucha 16. Conclusion Tracey Epps Index
£206.00
The Peterson Institute for International Economics The World Trading System Challenges Ahead
Book Synopsis
£15.29
The Peterson Institute for International Economics Prospects for Free Trade in the Americas
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£15.29
The Peterson Institute for International Economics NAFTA and the Environnment Seven Years Later
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£11.88
The Peterson Institute for International Economics New Regional Trading Arrangements in the Asia
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£15.29
The Peterson Institute for International Economics Free Trade Between Korea and the United States
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£15.26
The Peterson Institute for International Economics Crimes and Punishments Retaliation Under the WTO
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£15.29
The Peterson Institute for International Economics Free Trade Agreements US Strategies and
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£23.80
The Peterson Institute for International Economics Anchoring Reform with a USEgypt Free Trade
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£15.26
The Peterson Institute for International Economics A USMiddle East Trade Agreement A Circle of
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£14.36
The Peterson Institute for International Economics Figuring Out the Doha Round
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£14.85
The Peterson Institute for International Economics TransPacific Partnership An Assessment
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£18.00
Manor House Publishing Inc BUSHWACKED COPING WITH THE AMERICAN SUPERPOWER
Book Synopsis
£10.19
Cambridge University Press Revitalizing the World Trading System
Book SynopsisDrawing from his experience at the World Trade Organization (WTO) as a veteran trade negotiator, Alan Wm. Wolff explores the history of trade, the current trading system and how the WTO should be reformed to meet and overcome emerging challenges. He addresses how the WTO has tackled contemporary challenges like Covid-19 and the climate crisis.Trade Review'This book provides a wealth of new ideas. For some of the problems of the WTO, Wolff offers solutions that have never been tried before or not even thought of. His book provides guidance for a strategy that allows for gains and sacrifices to overcome opposition. He shows new ways to overcome hitherto unsurmountable obstacles.' Karl Brauner, Former Deputy Director-General of the WTO, and Former Director General for Trade in the Economics Ministry of Germany'The WTO, a vital pillar of global economic governance, remains in serious trouble. Drawing upon decades of trade policy experience, Alan Wolff explains why and, more importantly, what to do about it. This volume is essential reading for senior trade policy officials, analysts, and students of the world trading system.' Simon J. Evenett, University of St. Gallen'Alan Wm. Wolff's book is comprehensive and insightful, drawing on his extensive working experience inside and outside the GATT/WTO. He discusses with precision and clarity the origins, evolution, substantive content, and day-to-day workings of the WTO, and suggests ways of improving the workings of a troubled institution. Overall, a valuable contribution.' Patrick Low, Former Chief Economist of the WTO'This book is an essential reference for any trade enthusiast wishing to make a positive contribution in the face of the many challenges confronting the Multilateral Trading System. In a rapidly changing and increasingly complex trade landscape, this book goes beyond addressing the future of the WTO and looks at the WTO of the future.' Hamid Mamdouh, Former Director, Services and Investment Division of the WTO, and Former Egyptian Delegate to the GATTTable of ContentsIntroduction: saving the world trading system; Part I. Why Trade?: 1. The origins of trade; Part II. The Multilateral Trading System: 2. The founding of the multilateral trading system; 3. Core elements of the world trading system; 4. Twenty values of the multilateral trading system; 5. A brief history of the WTO as told to us by its ministerial conferences; Part III. The Regular Operations of the WTO: 6. A week at the WTO; Part IV. Major Substantive Topics: 7. Dispute settlement at the WTO; 8. Agriculture; 9. Services; 10. E-Commerce; 11. Development at the WTO; Part V. World Trade Governance and Systemic Reform: 12. The problem of governance of the multilateral trading system; 13. The need for WTO reform; 14. WTO 2025: WTO Reform; Part VI. Conclusion: 15. Conclusion – The future of the WTO; Afterword. The art and science of negotiation; Bibliography.
£28.49
Cambridge University Press The Making of an International Investment
Book Synopsis
£104.50
Cambridge University Press Improving Procedural Justice in AntiDumping Investigations
£28.49
Taylor & Francis Ltd The Freest Market in the World
Book SynopsisOn the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People's Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong's economic liberty as the freest market economy in the world.This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong's Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan's constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-cTrade Review‘[G]overnments and regulators often appear to me to forget that the volume and complexity of laws and regulations, or the level of tax, should not be such as to deter commercial activity and stifle entrepreneurism. … As the authors of this book show, Hong Kong is not in danger of falling into this particular trap: the Region is unusual in the extent to which it leaves people in the financial and commercial worlds free to carry on their businesses as they see fit without extensive legislative or regulatory interference or excessive taxation.’The Right Honourable the Lord Neuberger of Abbotsbury, Non-Permanent Judge of the Hong Kong Court of Final Appeal; former President of The Supreme Court of the United Kingdom.‘[T]he present volume makes an original and unique contribution to both the international and domestic understanding of the essence of the "Hong Kong system" that constitutes one of the "Two Systems" under "One Country, Two Systems". The authors point out that from the legal and constitutional point of view, the Hong Kong system is one of "free market constitutionalism".’Professor Albert HY Chen, Cheng Chan Lan Yue Professor of Constitutional Law at The University of Hong Kong; Member of the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People’s Congress of the People’s Republic of China.Table of Contents1 The Concept of Free Market Constitutionalism in Hong Kong under Chinese Sovereignty 2 The Victorian Origins and Hayekian Development of Hong Kong’s Free Market Constitutionalism3 The Codification of Free Market Constitutionalism in the Hong Kong Basic Law 4 The Interpretation and Application of Free Market Constitutionalism in the Hong Kong Basic Law 5 Free Market Constitutionalism and Hong Kong’s Internal Economic Policy 6 Free Market Constitutionalism and Hong Kong’s External Economic Policy 7 The Future of Free Market Constitutionalism in Hong Kong
£34.19
Edward Elgar Publishing Ltd The Art Collecting Legal Handbook
Book SynopsisThe Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide to the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.Trade Review‘Art dealers are still all too often perceived as international social butterflies who mingle with the super rich hoping to conclude a transaction over a bubbly glass of champagne. This couldn’t be furthest from the truth. Far beyond the usual clichés, art professionals are responsible by law not only of the artwork itself (authenticity, pedigree, provenance, and title) but also of the legal structure used throughout a transaction, including VAT (or any other applicable taxes), customs procedures, and full documentation according to the jurisdictions of the different countries involved. The professional liabilities are simply too important nowadays that legal due diligence has become a cornerstone of our daily work. The Art Collecting Legal Handbook provides us with insightful answers covering the key questions in our field and offering a pragmatic overview of the applicable law in multiple jurisdictions.' -- Thomas Seydoux and Emilie Mermillod, Seydoux & Associés Fine Art, France‘To effectively operate on an international scale, it is crucial to have a thorough understanding of all relevant legal jurisdictions, encompassing aspects such as the acquisitions made in good faith, safeguarding cultural assets, and loans for public exhibitions. The Art Collecting Legal Handbook has been a consistent source of reliable and cohesive information for my team and me, making it my recommendation to any collector or institution in need of valuable insights prior to seeking legal advice.’ -- Jean Claude Gandur, Fondation Gandur pour l’Art, Switzerland‘The third edition of The Art Collecting Legal Handbook is a readable, expert analysis of the key trends and issues underpinning art business today. Covering everything from restitution to NFTs in over 25 of the most important jurisdictions in the art market, there could not be a more authoritative guide for collectors and other art world professionals navigating a path through the post-Covid art world.’ -- Gareth Harris, The Art Newspaper, UK‘One of the most fascinating and enjoyable aspects of Art Law as a legal discipline is its sheer breadth and diversity. That breadth exists primarily due to the wide range of legal and ethical considerations which can affect art. The discipline of art law is also constantly evolving as a result of the meeting of art and technology and by shifting public attitudes to cultural property. Bruno Boesch and Massimo Sterpi's excellent The Art Collecting Legal Handbook is a practical Handbook which celebrates the multi-faceted discipline of art law while also providing a comprehensive and comprehensible guide to lawyers and non-lawyers. Presented in a question and answer format, leading art lawyers throughout the world provide answers to a series of key questions on Contract Law, Consumer Protection, Cultural Property Protection, Taxation, Compliance and NFTs. As an international auction house general counsel this handbook is my go-to resource for guidance on questions of international art law.’ -- Martin Wilson, Chief Legal Counsel, Phillips Auctioneers, UKTable of ContentsContents: Introduction to the Third Edition of The Art Collecting Legal Handbook viii PART I CURRENT THEMES 1 The same ever changing art market 2 Christine Bourron, CEO, Pi-eX Ltd 2 NFT, illusion or reality in the art world? 10 Sydney Chiche-Attali, Chiche-Attali Avocats, Paris Bar 3 Finding one’s way in the indirect tax maze 18 Neil Millen, Group Indirect Tax Director, Christie’s PART II NATIONAL 4 Argentina 27 Juan Javier Negri, Negri & Pueyrredon Abogados, Buenos Aires, Argentina 5 Australia 43 Janet Whiting, Jessica Laidman and Duncan Willis, Gilbert + Tobin, Melbourne, Australia 6 Austria 63 Peter M. Polak, Peter Pichlmayr and Thomas Muehlboeck, Vienna, Austria 7 Belgium 84 Lucie Lambrecht and Lucy Ryan, Lambrecht Law Office, Brussels, Belgium 8 Brazil 105 Marcos Ludwig, Valdir Rocha and Gustavo Fróes, Veirano Advogados, Rio de Janeiro, Brazil 9 Canada 120 Brian W. Gray and Ian K. Bies, Toronto, Canada 10 China 140 Angell XI Minjie, Jingtian & Gongcheng, Shanghai, China 11 England and Wales 166 Adrian Parkhouse and Isabel Paintin, Farrer & Co, London, UK 12 Finland 183 Rainer Hilli, Roschier Attorneys Ltd., Helsinki, Finland 13 France 200 Jean-François Canat, Philippe Hansen, Line-Alex Glotin and Laure Assumpçao, UGGC Avocats, Paris, France 14 Germany 217 Dr. Friederike Gräfin von Brühl, M.A., K&L Gates LLP, Berlin, Germany 15 Greece 231 Marina Markellou, lawyer and Assistant Professor, University of Groningen, the Netherlands and Galateia Kapellakou, lawyer and Adjunct Lecturer, University of Patras, Greece 16 Hong Kong 249 Jezamine Fewins, Lewis Silkin, Hong Kong 17 Hungary 262 Dr. Enikő Karsay, SBGK Attorneys at Law, Budapest, Hungary 18 India 281 Lata Krishnamurti and Aarti Sharma 19 Israel 300 Gil Brandes, Nachitz Brandes Amir, Tel Aviv, Israel 20 Italy 315 Massimo Sterpi and Francesca Di Lazzaro, Gianni & Origoni, Rome, Italy 21 Japan 335 Koichi Nakatani, Momo-O, Matsuo & Namba, Tokyo, Japan 22 The Netherlands 351 Laurens Kasteleijn, Art Law Services and Pieter Ariëns Kappers, Bavelaar & Bavelaar Advocaten, Amsterdam, the Netherlands 23 Russia 370 Alekseyev Maxim, Egorova Kira, Ostashenko Maria, Novikova Elena, Kostyuchenko Elizaveta and Presnikov Nikita, ALRUD Law Firm, Moscow, Russia 24 Singapore 390 Lam Chung Nian, Wong Partnership LLP, Singapore 25 Spain 410 Rafael Mateu and Patricia Fernandez Lorenzo, Ramón Y Cajal Abogados, Madrid, Spain 26 Switzerland 428 Antoine Boesch and Nicolas Moreno, Poncet Turrettini, Geneva, Switzerland 27 Turkey 448 Murat Volkan Dülger, Dülger Law Firm, Istanbul, Turkey 28 United States – California 462 Robert Darwell, Sheppard Mullin Richter & Hampton LLP, Los Angeles, USA 29 United States – Federal/New York 479 Daniel A. Schnapp and Vincent Nguyen, Nixon Peabody LLP, New York, USA 30 United States – Florida 498 Diego R. Figueroa Rodriguez, Of Counsel, DLA Piper, Miami, USA
£114.00
Edward Elgar Publishing The Sale of Misattributed Artworks and Antiques
Book Synopsis
£172.90
Edward Elgar Publishing Ltd Enhancing the Rule of Law in the European Unionâs
Book SynopsisThis timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.Table of ContentsContents: Preface xi PART I THE CONCEPT OF THE RULE OF LAW IN THE EUROPEAN UNION 1 The rule of law as a principle of the European Union: a concept in search of its definition 2 Fulvio Maria Palombino and Giuliana Lampo 2 Enhancing the rule of law in Europe and in the world: Mission impossible? 18 Jan Wouters PART II COMPARING THE INTERNAL AND EXTERNAL NOTIONS OF RULE OF LAW Promoting the rule of law through EU external relations and the principle of non-intervention under international law 41 Gloria Fernández Arribas and Ramses A. Wessel 4 The CJEU and the rule of law in the EU’s external action 63 Eva Kassoti and Narin Idriz 5 Mutual influences between the European and international law standards for the promotion of the rule of law 85 Farah Julie Yassine PART III RULE OF LAW IN SPECIFIC AREAS OF EU’S EXTERNAL ACTION A. SANCTIONS AND THE RULE OF LAW 6 Rule of law and effective judicial protection versus raison d’état in EU’s political sanctions: the relevance of individual conduct 106 Luis M. Hinojosa-Martínez 7 The human rights sanctions regime and the rule of law: towards a stronger European Union? 132 Carmela Pérez-Bernárdez 8 Rule of law or rule of no-one? Bypassing listing procedures through de-centralised de-banking and de-funding practices 161 Martina Di Gaetano B. RULE OF LAW AND CONDITIONALITY IN EU’S TRADING RELATIONS 9 EU strategic autonomy and rule of law in external affairs: what future for respect for international law and multilateralism in trade policy? 186 Wolfgang Weiß 10 The rule of law in the reform of the European Union’s common commercial policy 216 Carmen López-Jurado Romero de la Cruz and Rafael Marín Aís 11 The generalized scheme of preferences as a carrot-and-stick mechanism of EU trade policy in pursuit of non-trade policy objectives 241 Joan David Janer Torrens 12 The European Union’s contribution to the reinforcement of the rule of law in international investment post-Achmea and Opinion 1/17 261 Ozana Olariu C. RULE OF LAW IN THE RELATIONS WITH NEIGHBOURING / CANDIDATE COUNTRIES 13 ‘Treat your neighbour as yourself’ – Rule of law spending conditionality within and outside the EU 285 Chloé Brière 14 The promotion of the rule of law in the EU neighbourhood: an impact assessment 310 Elisabet Ruiz Cairó and Luigi Lonardo Index
£114.00
Edward Elgar Publishing Ltd The Future of Trade
Book SynopsisTrade Review‘The editors are to be congratulated for gathering together a penetrating, stimulating collection of international and North American trade articles by well-known law, economic and policy experts. A book full of insight and vision.’ -- Ralph Folsom, author of International Trade Beyond Trump‘This valuable book is a contesseration of 11 expert studies of future opportunities in North American trade relations. Among the highlights are: a synoptic overview of USMCA implementation (by David Gantz), an analysis of weak border recognition policies for Medicare consumers and educational providers (by James Gerber) and proposals for more expanded US entry visas (by Tony Payan).’ -- Steve Charnovitz, The George Washington University, US‘Led by one of the world’s foremost international trade law scholars, Professor David Gantz, this book is replete with thought-provoking, timely, and well-written analyses and arguments. As this collection well embodies, the world trading system is at a theoretical and practical crossroad. Reading the works by this highly distinguished group of contributors is essential to appreciate the difficult trade-offs faced at this crossroad, regardless of the direction that ultimately is pursued.’ -- Raj Bhala, Brenneisen Distinguished Professor, The University of Kansas, School of Law, and Senior Advisor, Dentons U.S. LLPTable of ContentsContents: Introduction to The Future of Trade 1 David A. Gantz and Tony Payan 1 Does America need a trade policy? 9 C.J. Mahoney PART I TRENDS IN NORTH AMERICAN TRADE 2 Key issues in USMCA implementation 19 David A. Gantz 3 Three proposals for regaining momentum toward a North American community 47 James Gerber 4 Energy in the USMCA 69 Guillermo J. Garcia Sanchez 5 The USMCA and the environment: Setting trends for global and regional trade 96 Elizabeth Trujillo 6 Integration through trade: Labor markets and worker rights in the USMCA 127 Tony Payan 7 Beyond NAFTA: Canada and USMCA’s initial implementation, 2020–2022 152 Meredith Lilly PART II CHANGES IN GLOBAL TRENDS IN THE CONTEXT OF THE U.S.–CHINA COMMERCIAL RELATIONSHIP 8 A critique of the 2020 United States–China trade agreement and suggested corrective measures 175 Daniel C.K. Chow 9 Filing WTO violation and non-violation complaints: A possible solution to China’s market access commitments? 200 Ian M. Sheldon PART III GLOBAL TRADE GOVERNANCE THROUGH A RESTRUCTURED WTO 10 Major threats to the WTO and the world trading system, and proposed solutions 229 Simon Lester 11 The WTO as a forum for regulatory cooperation: Transparency and open plurilateral agreements 252 Padideh Alai Conclusion 276 David A. Gantz and Tony Payan
£104.50
Edward Elgar Publishing Ltd Counterfeit Goods and Organised Crime
Book SynopsisTrade Review'Counterfeiting is a plague that is growing, and will soon exceed trillions of dollars of stolen top line revenue from major organizations world wide. This book documents the hidden players behind this problem, and documents the level of organized crime that is implicit in this work. This is a fascinating tale of the “behind the scenes” activities that are producing a steady stream of counterfeit goods, and how organizations need to act to curb this black tide.’ -- Robert Handfield, North Carolina State University, US‘A comprehensive examination of the international trade in counterfeit goods and the links to international organized crime. Covering mainly trademark infringement but including copyright, Professor Blakeney’s long experience in this field make him an ideal assessor of the factors involved and apposite case studies underline the significance of the phenomenon leading to a succinct “Way Forward”.’ -- John Anderson, The Global Anti-Counterfeiting Group, France‘The links between organised crime and counterfeits have become an issue of crucial importance to international trade and intellectual property enforcement. In this book, Blakeney brings a wealth of experience, critical insight and sustained analysis to his examination of the complex legal and socio-economic environments involved.’ -- Phillip Johnson, Cardiff University, UKTable of ContentsContents: Preface PART I DEFINITIONS, METRICS AND ANTI-COUNTERFEITING LEGISLATION 1 Definitions and metrics 2 The trade in counterfeit products 3 Impacts of counterfeiting: commercial, fiscal and socio-economic 4 Counterfeiting and public order 5 Counterfeiting and international IP legislation 6 National legislation and counterfeiting 7 Border control of counterfeits PART II CONFISCATION OF THE PROCEEDS OF COUNTERFEITING 8 International confiscation legislation and intellectual property crime 9 National confiscation laws PART III CASE STUDIES 10 Medicines and pharmaceuticals 11 Food 12 Wines and spirits 13 Luxury goods 14 Other counterfeits PART IV RECOMMENDATIONS 15 The way forward Index
£99.75
Edward Elgar Publishing Ltd The Sources of WTO Law and their Interpretation
Book SynopsisIn this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice.Trade Review‘A tour de force covering in detail with perceptive analysis all of the issues concerning sources of law in WTO dispute settlement. A must-read for those involved in the WTO dispute settlement system – whether WTO members, practitioners or those that follow or write about the system.’ -- William J. Davey, University of Illinois College of Law, USTable of ContentsContents: Introduction to The Sources of WTO Law and their Interpretation 1. What are sources of law and why do they matter? 2. The statutory definition of WTO sources of law 3. The WTO primary law 4. The WTO secondary law 5. Sources and general principles of (WTO) law 6. The interpretative elements of WTO sources of law 7. Practice … and its discontents 8. Noisy judgments, legal uncertainty, and beyond: cut the coat according to the cloth Annex 1: key provisions of the DSU Annex 2: Section 3 of VCLT, Interpretation of Treaties References Index
£23.70
Edward Elgar Publishing EU Trade Law
Book Synopsis
£128.25
Edward Elgar Publishing Research Handbook on Trade Law and Development
Book Synopsis
£200.00
Edward Elgar Publishing Ltd African Free Trade Agreements and Intellectual
Book SynopsisTrade Review‘Highly informative and academically convincing, the new book by Michael Blakeney and Getachew Mengistie Alemu brilliantly analyses the intricate web of IP rules and policies affecting the African continent and its states. Readers will be delighted learning about how IP regimes affect entrepreneurship in Africa and their intersection and clash with economic development targets and overriding public goods including public health, culture, education, food security and biodiversity conservation.’ -- Enrico Bonadio, City, University of London, UK‘Much has been written about the impact of the intellectual property and trade paradigm but not much about its impact on African countries. The two authors, both of great experience and scholarship, show the reader in a clear and systematic fashion how the paradigm matters to Africa and its people.’ -- Peter Drahos, European University Institute, ItalyTable of ContentsContents: 1 Overview of the socio-economic profile of and challenges faced by African countries 2 Sub-regional and regional trade agreements 3 African Continental Free Trade Agreement 4 The intellectual property system in Africa 5 African continental intellectual property arrangements 6 FTAs and African IP arrangements 7 African countries’ membership of international IP agreements 8 Biodiversity 9 Preserving Africa’s culture 10 FTAs, IP, and economic development Index
£100.00
Cambridge University Press Rules of Origin in International Trade
Book SynopsisThis book provides comprehensive, in depth analysis of the different sets of rules of origin adopted by major trading partners, namely EU, US, China and Japan and all trading regions - Asia, Africa and Latin America. It discusses the current status of non-preferential as well as preferential rules of origin in international trade, their evolution over last decades and tendencies for the future. With its multidisciplinary approach, the book''s contents provide legal and economic comparative analysis of different sets of rules origin, reviewing their drafting differences and their implications and impact on industrial and investment environments. Drawing from the thirty years'' experience of the Author, the book provides insights from trade negotiations along with practical tools for policy makers and practitioners, orientation for the private sector and analytical tools for researchers. A new methodology to draft product specific rules of origin based on an input-output table elaboratedTable of ContentsPreface; Abbreviations; 1. Efforts to establish multilateral rules; 2. The Uruguay round agreement on rules of origin: the harmonization work programme of non-preferential rules of origin; 3. Preferential rules of origin; 4. The economics of rules of origin; 5. Experiences in drafting preferential rules of origin in GSP schemes, Africa, Asia and Latin America; 6. Drafting rules of origin; 7. The administration of rules of origin.
£109.25
Cambridge University Press The Cambridge Handbook of Technical
Book SynopsisTechnical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort andenablenew market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses onkey areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.Trade Review'Judging by its impressive bibliography of almost thirty pages, this book, with its illuminating commentary, is obviously the result of careful and extensive research and therefore a valuable investigative tool for practitioners, judges and academics keen to enhance their understanding of this particularly fascinating and fast developing area of law.' Elizabeth Robson and Phillip Taylor, The Barrister'This book is useful for researchers, practitioners, post-graduate students, lawyers, judges, policy makers, and most importantly to all those who are involved in communication standardization activities in any capacity.' Mubashir Husain Rehmani, IEEE Communications MagazineTable of ContentsIntroduction Jorge L. Contreras; Part I. Standardization and the State: 1. International trade law and technical standardization Panagiotis Delimatsis; 2. Government use of standards in the US and abroad Emily S. Bremer; Part II. Standardization, Health, Safety and Liability: 3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton; 4. Tort liability for standards development in the United States and European Union Paul Verbruggen; Part III. Copyright and Standards: 5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto; 6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner; 7. Public law, European constitutionalism and copyright in standards Björn Lundqvist; 8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki; Part IV. Standards and Software: 9. Open standards Jay P. Kesan; 10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec; 11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos; Part V. Trademarks, Certification and Standards: 12. Trademarks, certification marks and technical standards Jorge L. Contreras; 13. The unregulated certification mark(et) Jeanne C. Fromer; 14. The certification paradox Jonathan M. Barnett.
£166.25
Cambridge University Press The Comprehensive and Progressive TransPacific
Book SynopsisThe Comprehensive and Progressive Agreement for Trans-Pacific Partnership among eleven key nations of the Pacific Rim has already expanded trade and economic cooperation among the Parties. It also serves to encourage political cooperation among them and has served as a model for future ''wide and deep'' free trade agreements. The chapters of this book will provide readers with a detailed understanding of the CPTPP''s coverage, including provisions relating to tariff elimination, customs rules of origin, agriculture, sanitary and phytosanitary measures, technical barriers to trade, telecommunications, intellectual property, investment and investorstate arbitration, financial and other services, government procurement, state-owned enterprises, electronic commerce and digital trade, small and medium-sized enterprises, competition law, labor and environmental protection, dispute settlement, and many others. No international lawyer, economist, trade negotiator, or enterprise can afford not Trade Review'From TPP to CPTPP nothing much changed other than the disappearance of the United States from the list of signatories. This model FTA includes provisions on the most avant-garde issues in international trade, and will surely provide a model for future FTAs. In this volume, the editors managed to bring together an amazing wealth of talent, and assigned them the task to explain the salient features of the CPTPP. The result is the most comprehensive discussion on what is proving to be a mainstay in international trade relations.' Petros C. Mavroidis, CLS, New York CityTable of Contents1. Introduction: the Trans-Pacific Partnership becomes the comprehensive and progressive agreement for TPP David A. Gantz and Jorge Huerta-Goldman; 2. TPP, US Congress and the Trade Promotion Authority Sheridan S. McKinney and John Gilliland; 3. The TPP, a horizontal overview Roberto Zapata Barradas; 4. Market access for trade in goods negotiations in the TPP César Guerrero and Félix González Sáenz; 5. Trade provisions as legos? How Chapter 2 of the TPP was influenced by WTO negotiations and prior US trade deals Roy Santana; 6. TPP, agricultural trade and food security Ekaterina Krivonos, Daneswar Poonyth and Mischa Tripoli; 7. Rules of origin and origin procedures Luis Ricardo Rodriguez Meneses; 8. Trade in textiles and apparel goods Rupa Ganguli and Jorge A. Huerta Goldman; 9. How far beyond the TFA? Trade facilitation in the WTO and the TPP Carlos Gabriel Enriquez Montes; 10. Treatment of trade remedies under the Trans-Pacific Partnership, Chapter 6 David A. Gantz; 11. SPS chapter under the TPP agreement and its implications Yuka Fukunaga; 12. Technical barriers to trade Jorge A. Huerta Goldman; 13. Addressing the right to regulate in the CPTPP investment chapter: identifying new treaty practice Rodrigo Monardes, Ana Novik and Carlos Portales; 14. Protecting Investment under NAFTA the Trans-Pacific Partnership and the comprehensive and progressive TPP David A. Gantz; 15. The Trans-Pacific Partnership as a development of the Australia−United States free trade agreement: services liberalization and investment protection Tania Voon and Andrew D. Mitchell; 16. Services overview: background, strategy and solutions Amb Peter Allgeier; 17. Cross-border trade in services (Chapter 10) and temporary entry for business persons (Chapter 12) Guillermo Malpica Soto; 18. Financial services Juan A. Marchetti; 19. Telecommunications chapter in the TPP Gerardo Meza Grillo; 20. Understanding the TPP agreement e-commerce chapter Ed Brzytwa, Stephen Ezell and Nigel Cory; 21. Government procurement in the Trans-Pacific Partnership Agreement: a global beachhead for market access and good governance Robert D. Anderson, Philippe Pelletier and Christopher R. Yukins; 22. TPP's competition policy chapter: towards convergence Juliana Nam; 23. Rules for state-owned enterprises in Chapter 17 of the Trans-Pacific Partnership Agreement: balancing market-oriented discipline and policy flexibility for states Iain Sandford and Jan Yves Remy; 24. Non-commercial assistance rules in the TPP: a comparative analysis with the SCM Agreement Yoshinori Abe and Takemasa Sekine; 25. IP in the TPP: how far beyond the existing FTAs does it go? Maximiliano Santa Cruz Scantlebury and Denisse Pérez; 26. Strengthening labor rights in the Trans-Pacific Partnership Agreement: a lost opportunity? Desirée LeClercq and Karen Curtis; 27. TPP trade and environment chapter Christopher O'Toole; 28. Horizontal regulatory coherence aspects of the TPP Phoenix X. F. Cai; 29. Transparency and anti-corruption Jorge A. Huerta Goldman; 30. State-to-state dispute settlement under TPP Chapter 28 and NAFTA Chapter 20 David A. Gantz; 31. Initial provisions, administrative provisions, exceptions and final provisions (TPP Chapters 1, 27, 29 and 30) David A. Gantz.
£69.34
Cambridge University Press Enforcement of Corporate and Securities Law China
Book SynopsisThis book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, which is a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.Table of ContentsPart I. Theoretical Framework: 1. The financial crisis: why have no high-level executives been prosecuted? Jed S. Rakoff; 2. Private enforcement in the United States and in Europe: a comparatist's ruminations and potential lessons for Asia Mathias Reimann; 3. Disclosure regulation and the rise of capital markets: nineteenth-century Britain and Germany compared Carsten Gerner-Beuerle; 4. Mandatory arbitration in consumer finance and investor contracts Michael S. Barr; 5. The bonding effect in cross-listed Chinese companies: is it real? Donald Clarke; Part II. China (Mainland): 6. Improving the civil liability system for false and misleading disclosure in the Chinese securities markets Liming Wang; 7. A question of class action in China Xianchu Zhang; 8. Private enforcement of securities law in China: past, present and future Robin Hui Huang; 9. Improving investor-friendly legal environment in Chinese capital markets Junhai Liu; 10. Enforcing fiduciary duties as tort liability in Chinese courts Jiangyu Wang; 11. China's free trade zone and latest development of the resolution mechanism for financial disputes: a perspective from the innovation of Qianhai international arbitration Xiaochun Liu; Part III. Common Law Jurisdictions: 12. Curbing managerial agency costs: private litigation and its substitutes in the US James D. Cox and Randall S. Thomas; 13. Private enforcement of corporate law: an empirical comparison of the UK and US John Armour, Bernard Black, Brian Cheffins and Richard Nolan; 14. Securities law enforcement and the rule of law Jeffrey G. MacIntosh; 15. Securities regulation in Australia - the role of the class action Michael Legg; 16. Enforcement of corporate and securities laws in India: the arrival of the class action? Vikramaditya Khanna; 17. Enforcement of Hong Kong's securities law - the underpinning philosophy Alexa Lam; Part IV. Civil Law Jurisdictions: 18. Enforcement of company and securities laws in Germany: an exercise in diversity Rainer Kulms; 19. Liability for misstatements to the market: the post-Parmalat years Guido Ferrarini and Paolo Giudici; 20. Growing securities litigation against issuers in Japan: its background and reality Gen Goto; 21. Private enforcement of company law and securities regulation in Korea Hwa-Jin Kim; 22. The IPC model for securities law enforcement in Taiwan Wen-yeu Wang; 23. Building enforcement capacity for Brazilian corporate and securities law John Armour and Caroline Schmidt; Conclusion Robin Hui Huang and Nicholas Calcina Howson; Index.
£90.90
Cambridge University Press Rules and Practices of International Investment Law and Arbitration
Book SynopsisInternational investment law and arbitration is its own ''galaxy'', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.Trade Review'Rules and Practices of International Investment Law and Arbitration is a remarkably clear and accessible treatment of what is currently the most complex and dynamic area of international law. While established substantive and procedural concepts are thoroughly explained, Professor Radi does not shy from revealing the critical fault lines and perennial bugbears in the field in their most controversial light. Beyond showing us the status quo, the coverage of the evolution in treaty practice and new policy initiatives makes this book a harbinger of the path to ISDS reform.' Brooks W. Daly, Deputy Secretary-General and Principal Legal Counsel, Permanent Court of Arbitration'A clear, precise, well-constructed work that provides an effective key to understanding a subject that has become complex and prolific. The author has been able to take sufficient distance to grasp the dominant logic as the main features of this branch of international law, while providing precise analyses of the evolution of arbitral jurisprudence. An indispensable tool for students and practitioners alike.' Pierre-Marie Dupuy, Emeritus Professor, University Paris 2 Panthéon-Assas'This book offers an extensive, practice-oriented analysis of the procedural, substantive and institutional aspects pertaining to international investment law, while also exploring its theoretical underpinnings and recent crisis of legitimacy. Professor Dr Radi has written a comprehensive work of reference that will be extremely useful for scholars and practitioners of investment arbitration alike.' Albert Jan van den Berg, Founding Partner, Hanotiau & van den BergTable of Contents1. The History of International Investment Law and Arbitration; 2. The Sources of International Investment Law and Arbitration; 3. Introduction to the Substantive Rules Protecting Foreign Investments and Public Interests; 4. Promotion, Facilitation, Admission and Establishment of Foreign Investments; 5. Standards of Treatment; 6. The Protection Against Illegal Expropriation; 7. Public Interest Limitations on Foreign Investors' Protection; 8. Obligations to Protect and Respect Public Interests; 9. Insurance Against Political Risks; 10. Classification of Investment-related Disputes and Dispute Settlement Mechanisms; 11. Investor-State Arbitration: Historical, Institutional and Procedural Dimensions; 12. Applicable Law and Interpretation; 13. Provisional Measures; 14. Jurisdiction and Admissibility; 15. Investor-State Arbitration and the Law of State Responsibility:Attribution, Circumstances Precluding Wrongfulness and Reparation; 16. ICSID Convention Annulment Proceedings.
£46.99
Cambridge University Press The International Law on Foreign Investment
£44.64
Cambridge University Press Legitimacy of Unseen Actors in International
Book SynopsisInternational courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such ''unseen actors'' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors'' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify ''best practices'' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribuTrade Review'Professor Baetens has brought a fascinating new perspective to the study of international law, looking at the role of unseen actors in various areas. While unseen, these actors are certainly not unimportant for the effective functioning of their respective institutions, and the discharge of their duties benefits parties, States and the rule of law. This volume demonstrates how the many unseen actors contribute to making international adjudication efficient and effective, and is a fresh approach to the study of international adjudication.' Meg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes'Freya Baetens has put together a stellar collection of contributions highlighting the role of multiple actors involved in the work of international courts and tribunals. Some are visible, others are less visible. Some are directly involved in the litigation process, others are involved in a more indirect manner. This lifting of the stage curtains also places a welcome spotlight on issues concerning legitimacy, neutrality or transparency.' Laurence Boisson de Chazournes, University of Geneva, and Director of the LL.M. in International Dispute Settlement (MIDS)'This book not only has the merit of exploring areas of international adjudication to which little attention has been paid to date, it also brings together an impressive array of experiences, information and insights from leading practitioners and researchers on essential aspects of the functioning of international courts and tribunals. By shining a light on the 'unseen actors' in international adjudication, this work is a welcome and ground-breaking contribution to reflection on the role and responsibilities of these auxiliaires de justice in the sound administration of international justice.' Philippe Couvreur, Registrar, International Court Of Justice'Finally, the missing piece of the puzzle! There have been numerous books on international judges, prosecutors and the so-called international bar, but rarely has scholarship focused on the unexplored world of the people who keep the lights of international adjudication on. This is a must-read for anyone who wants to understand how international adjudication actually works, in reality.' Cesare Romano, Loyola University Chicago, Los Angeles'There are few works of international legal scholarship which shine the spotlight on the important 'hinterland' of international legal adjudication – namely, the work of registries, secretariats, appointing authorities and others, which both enables and shapes international adjudication in typically unseen ways. In this volume, an impressive range of experienced and expert authors is marshalled to do just that, and to provide their perspectives on the nature, significance and, indeed, legitimacy of the work of such professionals. This will be of great interest and value to those working on international tribunals across a range of disciplines.' Andrew Lang, Chair in International Law and Global Governance, University of Edinburgh'My advice to every practitioner of international law, to every advocate before an international tribunal, and to every State or private party to an international dispute is: read this book! Legitimacy of Unseen Actors in International Adjudication is a fascinating and well-researched study of how courts and tribunals actually function, the importance of court personnel and other behind-the-scenes actors, and the impacts they can have on outcomes. No international advocate, no matter how experienced, should step into court again without having read it.' Paul Reichler, Partner, Foley Hoag LLPTable of Contents1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication Freya Baetens; Part I. Institutional Perspectives: 2. The International Court of Justice Nathalie Wiles; 3. The International Tribunal for the Law of the Sea Philippe Gautier; 4. International arbitral institutions Bridie Mcasey; 5. The World Trade Organization Daniel Baker and Gabrielle Marceau; 6. The International Criminal Court Philipp Ambach; 7. The European Court of Human Rights Peter Kempees and Ledi Bianku; 8. The Court of Justice of the European Union Caroline Heeren; Part II. Nomination and Appointment: 9. Gatekeeper secretariats Kathleen Claussen; 10. Appointing authorities: self-appointment, party appointment and non-appointment Peter Tzeng; 11. Before the law: assessing the process and impact of judicial screening bodies Brian Mcgarry and Josef Ostřanský; Part III. Case Management and Deference to the Bench: 12. The essence of adjudication: legitimacy of case managers in international arbitration Christine Sim; 13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? Giacomo Marchisio; 14. Will an investment court be a better fact-finder? The case of expert evidence Matthew W. Swinehart; 15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy Leigh Swigart; 16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication Marie-Catherine Petersmann; Part IV. Confidentiality and Transparency: 17. The politics of invisibility: why are international legal bureaucrats obscured from view? Tommaso Soave; 18. Unseen actors as unseen experts: ghosts in international adjudication Guillaume Yvan Jean Gros; 19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration Ksenia Polonskaya; 20. Identifying the voices of unseen actors in investor-state dispute settlement Damien Charlotin; Part V. Ethics and Accountability: 21. Physicians' impact on the legitimacy of the International Criminal Court Giovanna Maria Frisso; 22. Screening powers in investment arbitration: questions of legal change and legitimacy Relja Radović; 23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals Marko Divac Öberg; 24. The référendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals Gillian Cahill; Part VI. External Influences and Activities: 25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication Catherine H. Gibson; 26. The legitimacy of private lawyers representing states before international tribunals Andreas R. Ziegler and Kabre R. Jonathan; 27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement Pietro Ortolani; 28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? Hannes Lenk.
£128.25
Cambridge University Press The Boundaries of the EU Internal Market
Book SynopsisThe book examines the twofold ''boundaries'' of the concept of the European Union''s internal market the geographical and the substantive through the prism of expanding the internal market to third countries without enlarging the Union. The book offers a comprehensive analysis of the conditions under which the internal market can effectively be extended to third countries by exporting EU acquis via international agreements without sacrificing its defining characteristics. Theoretical rather than empirical in approach, the book scrutinises and meticulously questions the required level of uniformity within flexible integration relating to the substantive scope of the internal market, the role of foundational principles in the European Union''s market edifice, and the institutional framework necessary for granting third country actors full participation in the internal market while safeguarding the autonomy of the Union''s legal order.Trade Review'This wonderfully rich book interrogates the 'exportability' of the EU's internal market concept. Its application to and in third countries asks questions about its scope and content as well as its constitutional and institutional character. And, as the book reveals, those questions may provoke different answers in different contexts. I am delighted to see its publication.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford'This book by Marja-Liisa Öberg comes at a moment of renewed attention for the so-called 'Brussels effect' as a consequence of the regulatory impact of EU norms in third states. Yet, rather than just highlighting the normative power of the EU, its main contribution lies in revealing the constitutional and institutional limits to exporting the internal market acquis. In that sense, it forms an essential contribution to the ongoing debate.' Ramses A. Wessel, Professor of European Law, University of Groningen'The impact of internal market regulation beyond the EU is central to the EU's external relations and global power. Ambitious 'green' regulation and Brexit will only make it more salient. Marja-Liisa Öberg's book is a penetrating analysis of the law and politics underlying the expansion of EU regulatory power. It accessibly explains how and why the EU's constitutional particularities set boundaries to the internal market's expandability and constructively proposes remedies.' Christina Eckes, Professor of European Law, University of Amsterdam'The title of this book strongly resonates with the current debate on the future UK-EU relationships. But it goes much further than this. It helps make sense of the intensification of the relations between the EU and neighbouring countries in the last decades, where partners share about everything but membership. More critically, it offers us a renewed vision of the Internal Market taking the perspective of its inherent limitations. This book deserves the attention of the specialists of EU external relations law as well as, more broadly, those interested in the real constitution of Europe.' Loïc Azoulai, Professor of European Law, Sciences Po Law School, Paris'This topical, thoughtful, and well set out book analyses how the EU exports its internal market acquis and explores the constitutional and institutional constraints that get in the way.' Panos Koutrakos, Professor of EU Law and Jean Monnet Professor of EU Law, City, University of LondonTable of Contents1. Introduction; 2. Expanding the internal market: the phenomenon; Part I. Expanding the Internal Market: The Concept: 3. Internal market acquis: the concept; 4. Internal market: unity; 5. Internal market: the constitutional context; Part II. Expanding the Internal Market: Institutional Implications: 6. Autonomy of the EU legal order; 7. Institutional framework: defining the core of the internal market; 8. Institutional framework: safeguarding the core of the internal market; 9. Conclusion: internal market – united in everything but membership?
£89.99
