Public international law: economic and trade Books

Book SynopsisWe need a world trade organization. We just don't need the one that we have.Trade ReviewThis thought-provoking, well-written book makes a passionate case for reforming global trade governance to do more to realise global social goods. The author asks an important question that needs more public debate: what do we need the WTO for? I hope the book will help stimulate such debate. Bernard Hoekman, European University Institute Wilkinson’s book compels us to think differently about the World Trade Organization. I have no hesitation in recommending this book to academic observers, NGOs and trade diplomats in search of new ideas and approaches to reform the WTO. Faizel Ismail, Ambassador Permanent Representative of South Africa to the WTOTable of ContentsAbout the Author viii Acknowledgments ix Tables xiii Abbreviations xiv Introduction: Starting from here 1 Part I Problems 1 Why we govern trade in the way that we do 19 2 Bargaining among unequals 45 3 Talking trade 79 Part II Solutions 4 Thinking differently? 107 5 Trade for all 132 6 Getting from here to there 160 Conclusion: Moving beyond the state we are in 181 Notes 188 References 191 Index 211

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

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