Public international law: economic and trade Books

675 products


  • Handbook on the Law of Cultural Heritage and

    Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and

    2 in stock

    Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index

    2 in stock

    £212.00

  • Intellectual Property at the Crossroads of Trade

    Edward Elgar Publishing Ltd Intellectual Property at the Crossroads of Trade

    3 in stock

    Book SynopsisIntellectual Property at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition.The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonization in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.Contributors include: M. Barczewski, D. Beldiman, I. Calboli, J. de Werra, J. Drexl, C. Geiger, G. Mazziotti, C.R. McManis, J. Pelletier, I. Stamatoudi, S. Sykuna, P. Torremans, G. WestkampTable of ContentsContents: Foreword PART I: IP LICENSING, EXHAUSTION AND COMPETITION LAW 1. EU Competition Law and Parallel Trade in Pharmaceuticals: Lessons to be Learned for WTO/TRIPS? Josef Drexl 2. Cross-border Licensing in the Absence of a Choice of Law: Is There a Way Forward? Paul Torremans 3. Emerging Escape Clauses? Online Exhaustion, Consent and European Copyright Law Guido Westkamp 4. An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (and its Impact on International Trade) Irene Calboli 5. The Need to Harmonize Intellectual Property Licensing Law: A European Perspective Jacques de Werra 6. Commercialization of Genetic Resources: Leveraging Ex Situ Genetic Resources to Shape Downstream IP Protection Dana Beldiman 7. Managing Online Music Rights in the European Digital Single Market: Current Scenarios and Future Prospects Giuseppe Mazziotti PART II: ASPECTS OF THE ANTI-COUNTERFEITING TRADE AGREEMENT 8. The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union? Christophe Geiger 9. Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting Trade Agreement (ACTA) Charles R. McManis and John S. Pelletier 10. ACTA, Internet Service Providers and the Acquis Communautaire Irini Stamatoudi 11. ACTA and Access to Medicines in the Perspective of Theory of Hard Cases Maciej Barczewski and Sebastian Sykuna Index

    3 in stock

    £111.00

  • Trademark Protection and Territoriality

    Edward Elgar Publishing Ltd Trademark Protection and Territoriality

    Book SynopsisThere is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.'- Daniel J. Gervais, Vanderbilt University Law School, US'Trademark law is territorial but trademarks, like trade, are increasingly global. Trademark owners often operate in worldwide markets where they are confronted with varying territorial legal rules about registration and even use of their trademarks. This apparent dichotomy between trade without borders and trademark laws with borders creates many challenging legal and practical issues which this volume tackles. This outstanding collection offers both specialists and novices insights into this complex topic. The editors are to be commended for their foresight in bringing this collection together.'- Susy Frankel Victoria, University of Wellington, New Zealand'The growing globalization of trade increases the challenges faced by trademark owners in the territories where they operate or plan to expand. Trademark owners thus have to find ways to solve the tension between global markets and territorial regimes of protection, which is precisely what this book explores from different angles and what makes it an essential work in today's borderless and brand-based economy. The result is a remarkable collection of original and thought-provoking chapters, which masterfully discuss the challenges and opportunities that the global economy presents, and will continue to present, for the territorial acquisition and enforcement of trademark rights.'- Jacques de Werra, University of Geneva, SwitzerlandAs the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field.The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names. A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context.Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource.Contributors include: G.W. Austin, I. Calboli, L. Chan Grinvald, M. Chon, D.C.K. Chow, G.B. Dinwoodie, C.H. Farley, L.C. Grinvald, M. LaFrance, M.A. Leaffer, E. Lee, J. Lipton, L.A.W. Lockridge, D.E. Long, P.-E. Moyse, M. Wong, P.K. Yu, D. Zografos JohnssonTrade Review'This lively and scholarly edited collection is published as part of Edward Elgar's Intellectual Property and Global Development Series. . .The editors are to be congratulated on their thoughtful choice and grouping of contributions to this timely volume. The writing is of a consistently high standard, is well referenced and likely to prompt further research. The book is handsomely produced as one expects of Edward Elgar publications. A table of cases and legislative instruments would have been useful: some but by no means all of these are, however, listed in the general index . The book deserves a wide readership among trade mark lawyers and a place on international intellectual property law syllabi.' --Professor Norma Dawson, European Intellectual Property Review'This book is essential reading for attorneys who represent clients involved in disputes involving foreign trademarks, geographic designations for products, or gray market goods, or whose trademark practice includes the acquisition and enforcement of trademark rights in foreign lands. It also serves as a valuable and illuminating resource for scholars, legislators, judges, trademark office regulators, and anyone else considering whether the territorial model of trademark law is an ''anachronism'' in today's global marketplace. . . . This informative book should be part of the legal toolkit of any practicing trademark attorney, and will likely influence future trademark policy and scholarship. The chapters provide an excellent overview of various legal issues that are critical to the global practice of trademark law today. The authors' original legal analysis and practical solutions to the problems set forth in the chapters are an important contribution to the complex and challenging field of international, comparative, and transnational trademark law.' --Lisa P. Ramsey, The IP Law Book Review'The legal and practical challenges created by the apparent tension between the operation of trade mark laws and the borderless nature of a brand-based economy is explored throughout this book. . . . it has contributions from writers across the globe, providing a more balanced overview of the way this issue impacts different countries.' --Sharon Givoni, Sharon Givoni ConsultingTable of ContentsContents: Foreword Graeme Dinwoodie PART I: INTRODUCTION 1. The Inevitability of ‘Territoriality Challenges’ in Trademark Law Graeme W. Austin PART II: TERRITORIAL NORMS AND (GLOBAL) WELL-KNOWN MARKS 2. Protection of Well-Known Marks: A Transnational Perspective Marshall A. Leaffer 3. Interactivity, Territoriality, and Well-Known Marks Leah Chan Grinvald 4. The Pan-American Trademark Convention of 1929: A Bold Vision of Extraterritorial Meets Current Realities Christine Haight Farley PART II: PROTECTING QUALITY AND IDENTITY IN THE GLOBAL ECONOMY 5. Marks and More(s): Certification in Global Value Chains Margaret Chon 6. Branding the Land: Creating Global Meanings for Local Characteristics Doris Estelle Long 7. Signs Beyond Borders: Moving from Commodity to Differentiated Exports in the Coffee Industry Daphne Zografos Johnsson PART III: TERRITORIALITY, EXHAUSTION OF RIGHTS, AND GRAY MARKET PRODUCTS 8. The (Avoidable) Effects of Territorially Different Approaches to Trademark and Copyright Exhaustion Irene Calboli 9. Avoiding Mutant Trademarks: A Statutory Exclusion for Copyrighted Accessories to Parallel Imports Mary LaFrance 10. ‘La Confusion des Genres’: Logos and Packaging as Copyrighted Works Pierre-Emmanuel Moyse PART IV: (NATIONAL) TRADEMARK ENFORCEMENT CHALLENGES 11. Territoriality (Mis)Understood: Enforcing Well-Known Foreign Marks in the United States Lee Ann W. Lockridge 12. The Curious Case of Fake Beijing Olympics Merchandise Peter K. Yu 13. Trademark Enforcement in Developing Countries: Counterfeiting as an Externality Imposed by Multinational Companies Daniel C.K. Chow PART V: TRADEMARK TERRITORIALITY AND THE REGULATION OF CYBERSPACE 14. Trademarks, Free Speech, and ICANN’s New gTLD Process Jacqueline Lipton and Mary Wong Index

    £121.00

  • Climate Change and International Trade

    Edward Elgar Publishing Ltd Climate Change and International Trade

    3 in stock

    Book SynopsisRafael Leal-Arcas expertly examines the interface of climate change mitigation and international trade law with a view to addressing the question: How can we make best use of the international trading system experience to aim at a global climate change agreement?The insightful book contributes to developing the architecture for a post­2012 global climate agreement and, in doing so, seeks and proposes new approaches to climate change mitigation by linking it to the international trade system. The author suggests the adoption of a bottom-up approach to climate change negotiations by using the evolution of multilateral trade agreements as a model for reaching a global climate treaty. He discusses the innovative approach of inserting climate goals within regional trade agreements, given their proliferation - especially bilateral - in the international trading system. He explains the trade implications of climate change mitigation policies by analyzing a couple of areas where the international regimes for trade and climate change mitigation may potentially clash.Climate Change and International Trade will strongly appeal to undergraduate and graduate students of international and European trade law, international and European environmental law as well as social science academics. NGOs, think tanks, practitioners, researchers, and international organizations will also find plenty of valuable information in this timely resource.Contents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography IndexTrade ReviewA seminal work of impressive scholarship, Climate Change and International Trade>/i> is enhanced with an extensive bibliography, figures and charts, and a comprehensive index, making it an invaluable and highly recommended addition to professional, governmental, and academic library environmental studies and international business reference collections and supplemental reading lists. --The Midwest Book ReviewTable of ContentsContents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography Index

    3 in stock

    £150.00

  • Eurasian Economic Integration: Law, Policy and

    Edward Elgar Publishing Ltd Eurasian Economic Integration: Law, Policy and

    5 in stock

    Book SynopsisEurasian Economic Integration has arrived at just the right time. The Asia-Europe economic region is undergoing major changes. With the strengthening of the Chinese economy and the crisis with the euro, the economic balance is shifting. Meanwhile, questions about the future of the economies in the post-Soviet region are arising. The new order now being attempted under Russia's leadership could take on considerably more significance. Kataryna Wolczuk and Rilka Dragneva have brought together a first-class team of experts who are investigating these developments. As a result, we now have a study describing the Eurasian structures currently taking shape and their consequences for the countries involved, the WTO and neighbouring countries in the East and West. This precise and timely study upholds high standards of scholarship and offers political actors an excellent analysis, which will enable them to adapt European policy to the processes playing out in Eurasia.'- Henning Schröder, Stiftung Wissenschaft und Politik, Berlin, Institute for East-European Studies, Free University Berlin, Germany'This book spectacularly delivers on what it promises, providing a comprehensive, clearly structured and theoretically informed study of the latest round of integration efforts in post-Soviet Eurasia. Bringing together an impressive range of contributors, each of whom is a notable expert in their field, this will undoubtedly become a classic path-breaking study of regionalism in a part of the world that is unjustly neglected.'- Richard Sakwa, University of Kent, UKIn this well-researched and detailed book, the editors provide an extensive and critical analysis of post-Soviet regional integration. After almost two decades of unfulfilled integration promises, a new - improved and functioning - regime emerged in the post-Soviet space: the Eurasian Customs Union between Russia, Belarus and Kazakhstan (ECU).The contributors seek to explain this puzzling and politically significant development by examining the ECU's origins, institutional architecture, key driving forces and emerging implications. Their investigation reveals that the ECU is an ambitious and fast moving project in deep economic integration, yet its legal design is complex and member states are driven by a precarious balance of diverse motives. Nevertheless, as the contributions to the volume indicate, the emergence of the ECU already carries important external implications, especially for the EU s strategy in the post-Soviet space.Being the first comprehensive and systematic study of the new Eurasian economic integration regime, this book will appeal to academics and students of regional integration, international relations and international law, Russian studies, Post-Soviet politics, as well as Central Asian studies.Contributors: R. Connolly, J. Cooper, L. Delcour, R. Dragneva, M. Frear, H. Haukkala, N. Kassenova, S. Malle, K. WolczukTrade Review‘Eurasian Economic Integration has arrived at just the right time. The Asia-Europe economic region is undergoing major changes. With the strengthening of the Chinese economy and the crisis with the euro, the economic balance is shifting. Meanwhile, questions about the future of the economies in the post-Soviet region are arising. The new order now being attempted under Russia’s leadership could take on considerably more significance. Kataryna Wolczuk and Rilka Dragneva have brought together a first-class team of experts who are investigating these developments. As a result, we now have a study describing the Eurasian structures currently taking shape and their consequences for the countries involved, the WTO and neighbouring countries in the East and West. This precise and timely study upholds high standards of scholarship and offers political actors an excellent analysis, which will enable them to adapt European policy to the processes playing out in Eurasia.’ -- Henning Schröder, Stiftung Wissenschaft und Politik, Berlin, Institute for East-European Studies, Free University Berlin, Germany‘This book spectacularly delivers on what it promises, providing a comprehensive, clearly structured and theoretically informed study of the latest round of integration efforts in post-Soviet Eurasia. Bringing together an impressive range of contributors, each of whom is a notable expert in their field, this will undoubtedly become a classic path-breaking study of regionalism in a part of the world that is unjustly neglected.’ -- Richard Sakwa, University of Kent, UKTable of ContentsContents: Preface 1. The Eurasian Customs Union: Framing the Analysis Rilka Dragneva and Kataryna Wolczuk PART I: LEGAL AND INSTITUTIONAL FRAMEWORK OF THE ECU 2. The Development of Eurasian Economic Integration Julian Cooper 3. The Legal and Institutional Dimensions of the Eurasian Customs Union Rilka Dragneva 4. Russia, the Eurasian Customs Union and the WTO Richard Connolly PART II: THE ECU AS VIEWED FROM THE MEMBER STATES 5. Russia and the Eurasian Customs Union Julian Cooper 6. Russia, the Eurasian Customs Union and the Asian Dimension Silvana Malle 7. Belarus: Player and Pawn in the Integration Game Matthew Frear 8. Kazakhstan and Eurasian Economic Integration: Quick Start, Mixed Results and Uncertain Future Nargis Kassenova PART III: THE ECU AND ITS RAMIFICATIONS FOR THE EUROPEAN UNION 9. The Impact of the Eurasian Customs Union on EU–Russia Relations Hiski Haukkala 10. Eurasian Economic Integration: Implications for the EU Eastern Policy Laure Delcour and Kataryna Wolczuk 11. Commitment, Asymmetry and Flexibility: Making Sense of Eurasian Economic Integration Rilka Dragneva and Kataryna Wolczuk Appendix 1. Regional Integration Initiatives and Organizations in the Post-Soviet Space Appendix 2. Post-Soviet Countries’ Applications and Accessions to the WTO Index

    5 in stock

    £100.00

  • Trade Liberalisation and International

    Edward Elgar Publishing Ltd Trade Liberalisation and International

    5 in stock

    Book SynopsisThis book provides a detailed analysis of major legal and public policy issues arising from the Trans-Pacific Partnership Agreement (TPP) - a treaty that will dramatically change the landscape of international trade, with effects that will be felt on a global scale.Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as development, health and the environment, as well as more specific areas such as agriculture and services, and controversial questions of intellectual property, investment and dispute settlement under the agreement.With an analytical focus on broad principles and enduring issues arising from the TPP, this informative book will appeal to academics, government advisors, NGOs, and students of law, economics, and international relations. Legal practitioners will also find much of interest in this book.Contributors: W.-M. Choi, D. Elms, D. Kotlowitz, M. Lewis, J. Meltzer, A. Mitchell, J. Munro, R. Polanco, M. Rimmer, L. Trakman, T. Voon, K. WeatherallTrade ReviewProfessor Tania Voon has assembled a stellar team of authors to produce one of the first collections analysing the Trans-Pacific Partnership (TPP) - the world's most important and perhaps controversial contemporary trade agreement - from the legal perspective. Written and published before the conclusion of the negotiations, the collection provides preliminary analysis of the broader legal and policy issues at play during the negotiations. These issues will undoubtedly remain important following the conclusion of the negotiations. The snapshot provided by this collection will remain valuable long after the TPP comes into force. --Bryan Mercurio, The Chinese University of Hong KongTable of ContentsContents: 1. Introduction: National Regulatory Autonomy and the Trans-Pacific Partnership Agreement Tania Voon 2. Coping with Proliferating Preferential Rules of Origin and the TPP’s Role in their Harmonisation Won-Mog Choi 3. The Trans-Pacific Partnership Agreement and Development Meredith Kolsky Lewis 4. The TPP as a Case Study of Changing Dynamics for International Intellectual Property Negotiations Kimberlee Weatherall 5. Plain Packaging for the Pacific Rim: Tobacco Control and the Trans-Pacific Partnership Matthew Rimmer 6. Agriculture and the Trans-Pacific Partnership Negotiations Deborah Elms 7. Services in the TPP: A Case Study of Telecommunications Danny Kotlowitz and Tania Voon 8. State-State Dispute Settlement under the Trans-Pacific Partnership Agreement Andrew D Mitchell and James Munro 9. Investor-State Dispute Settlement under the Trans-Pacific Partnership Agreement Leon E Trakman 10. The Trans-Pacific Partnership Agreement, the Environment and Climate Change Joshua P Meltzer 11. The Trans-Pacific Partnership Agreement and Regulatory Coherence Rodrigo Polanco Bibliography Index

    5 in stock

    £111.00

  • Edward Elgar Publishing Ltd Economic Sanctions

    Out of stock

    Book SynopsisEconomic Sanctions highlights the leading legal scholarship of the past 12 years on the theory and practice of international economic sanctions. Michael P. Malloy, an internationally recognized specialist in the subject, discusses current challenges concerning the use of sanctions as tools of anti-terrorism policy and human rights enforcement as well as the controversy over the effectiveness of sanctions. He also explores horizon issues like the use of sanctions in support of environmental policy, health and safety, and cyber-safety.Table of ContentsContents: Volume I Acknowledgements Introduction M.P. Malloy PART I ANTI-TERRORISM 1. Eric J. Gouvin (2005), ‘Are There Any Checks and Balances on the Government’s Power to Check Our Balances? The Fate of Financial Privacy in the War on Terrorism’, Temple Political and Civil Rights Law Review, 14, Spring, 517–41 2. Konrad Lachmayer (2010), ‘Constitutional and Anti-Constitutional Responses to Terrorism: The Difficulty of Removing Exclusions from Constitutional Law’, City University of Hong Kong Law Review, 2 (1), 5–18 3. Nina J. Crimm (2004), ‘High Alert: The Government’s War on the Financing of Terrorism and Its Implication for Donors, Domestic Charitable Organizations, and Global Philanthropy’, William and Mary Law Review, 45 (4), 1341–451 4. Rene Uruena (2007), ‘International Law as Administration: The UN’s 1267 Sanctions Committee and the Making of the War on Terror’, International Organizations Law Review, 4 (2), 321–42 5. Michael P. Malloy (2004), ‘Panel One: Unfunding Terror – Perspectives on Unfunding Terror. Commentary’, Transnational Lawyer, 17, 97–111 6. David Zaring and Elena Baylis (2007), ‘Sending the Bureaucracy to War’, Iowa Law Review, 92, 1359–428 7. Wong Sow Wei (2009), ‘US: Tell Us Who Your Clients Are’, International Financial Law Review, 28, February, 49–51 8. Michael P. Malloy (2004), ‘Was Bedeutet “Terrorismus”?’, Transnational Lawyer, 17, 39–50 9. Amy Deen Westbrook (2010), ‘What’s in Your Portfolio? U.S. Investors are Unknowingly Financing State Sponsors of Terrorism’, DePaul Law Review, 59, 1151–221 PART II EFFECTIVENESS OF SANCTIONS 10. Kimberly Ann Elliott (2009–10), ‘Assessing UN Sanctions after the Cold War’, International Journal, 65 (1), Winter, 85–98 11. CarrieLyn Donigan Guymon (2009), ‘The Best Tool for the Job: The U.S. Campaign to Freeze Assets of Proliferators and their Supporters’, Virginia Journal of International Law, 49 (4), May, 849–913 12. Carrie L. Folendorf (2003), ‘Breaking Terror’s Bank Without Breaking the Law: A Comment on the USA Patriot Act and the United States Financial War on Terrorism’, Journal of the National Association of Administrative Law Judges, 23 (2), Fall, 481–501 13. Bridget McCormack (2007), ‘Economic Incarceration’, Windsor Yearbook of Access to Justice, 25 (2), 223–46 14. Jason Collins Weida (2006), ‘Reaching Multinational Corporations: A New Model for Drafting Effective Economic Sanctions’, Vermont Law Review, 30 (2), 303–47 15. Michael Margulies (2008), ‘Stronger Trade or Stronger Embargo: What the Future Holds for United States–Cuba Relations’, Asper Review of International Business and Trade Law, VIII, 147–77 16. Philip M. Nichols (2009), ‘Using Sociological Theories of Isomorphism to Evaluate the Possibility of Regime Change through Trade Sanctions’, University of Pennsylvania Journal of International Law, 30 (3), Spring, 753–88 Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I HUMAN RIGHTS SANCTIONS 1. Elena Katselli (2007), ‘Holding the Security Council Accountable for Human Rights Violations’, Human Rights and International Legal Discourse, 1 (2), 301–33 2. Sarah H. Cleveland (2002), ‘Human Rights Sanctions and International Trade: A Theory of Compatibility’, Journal of International Economic Law, 5 (1), March, 133–89 3. Michael P. Malloy (2013), ‘Human Rights and Unintended Consequences: Empirical Analysis of International Economic Sanctions in Contemporary Practice’, Boston University International Law Journal, 31 (1), Spring, 75–123 4. Christine Kaufmann and Laura Meyer (2007), ‘Trade and Human Rights’, Human Rights and International Legal Discourse, 1 (1), 61–94 5. Jenny Schultz and Rachel Ball (2007), ‘Trade as a Weapon? The WTO and Human Rights-Based Trade Measures’, Deakin Law Review, 12 (1), 41–79 6. Marco Roscini (2010), ‘The United Nations Security Council and the Enforcement of International Humanitarian Law’, Israel Law Review, 43 (2), 330–59 PART II LEGALITY OF SANCTIONS 7. Laurence Boisson de Chazournes (2007), ‘Collective Security and the Economic Interventionism of the UN – the Need for a Coherent and Integrated Approach’, Journal of International Economic Law, 10 (1), March, 51–86 8. Jean d’Aspremont and Eric De Brabandere (2011), ‘The Complementary Faces of Legitimacy in International Law: The Legitimacy of Origin and the Legitimacy of Exercise’, Fordham International Law Journal, 34 (2), 190–235 9. Wesley A. Cann, Jr. (2001), ‘Creating Standards and Accountability for the Use of the WTO Security Exception: Reducing the Role of Power-Based Relations and Establishing a New Balance Between Sovereignty and Multilateralism’, Yale Journal of International Law, 26, Summer, 413–85 10. Joanna Weschler (2009-10), ‘The Evolution of Security Council Innovations in Sanctions’, International Journal, 65 (1), Winter, 31–43 11. Cedric Ryngaert (2008), ‘Extraterritorial Export Controls (Secondary Boycotts)’, Chinese Journal of International Law, 7 (3), November, 625–58 12. Patrik Johansson (2009), ‘The Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions’, Nordic Journal of International Law, 78 (3), 309–42 13. Nikolaos Lavranos (2009), ‘Judicial Review of UN Sanctions by the European Court of Justice’, Nordic Journal of International Law, 78 (3), 343–59 14. Ramesh Thakur (2010), ‘Law, Legitimacy and United Nations’, Melbourne Journal of International Law, 11 (1), May, 1–26 [26] 15. Ilya Podolyako (2009), ‘Nowhere to Hide: Overbreadth and Other Constitutional Challenges Facing the Current Designation Regime’, Texas Journal of Civil Liberties and Civil Rights, 14 (2), Spring, 193–235 16. Michael P. Malloy (2003), ‘Où est votre chapeau? Economic Sanctions and Trade Regulation’, Chicago Journal of International Law, 4 (2), Fall, 371–84 17. Margaret Doxey (2009), ‘Reflections on the Sanctions Decade and Beyond’, International Journal, 64 (2), Spring, 539–49 18. Maja Lukic (2009), ‘The Security Council’s Targeted Sanctions in the Light of Recent Developments Occurring in the EU Context’, Annals of the Faculty of Law in Belgrade – Belgrade Law Review, LVII (3), 239–50 19. Roger P. Alford (2011), ‘The Self-Judging WTO Security Exception’, Utah Law Review, 2011 (3), 697–759 20. Sue E. Eckert (2009–10), ‘United Nations Nonproliferation Sanctions’, International Journal, 65 (1), Winter, 69–83 21. Carla L. Reyes (2011), ‘WTO-Compliant Protection of Fundamental Rights: Lessons from the EU Privacy Directive’, Melbourne Journal of International Law, 12 (1), June, 141–76 PART III OTHER APPLICATIONS 22. Patrick Hamilton (2008), ‘Counter(measuring) Climate Change: The ILC, Third State Countermeasures and Climate Change’, McGill International Journal of Sustainable Development Law and Policy, 4 (2), 83–131 23. Andrew T. Guzman (2004), ‘Food Fears: Health and Safety at the WTO’, Virginia Journal of International Law, 45, 1–39 24. Warren G. Lavey (2009), ‘New Regulations for the Committee on Foreign Investment in the United States – Disclosures of Cyber Security Plans and Dealings with Sanctioned Countries Remain Uncertain’, Business Law International, 10 (3), September, 253–71 25. Lee Baker (2010), ‘The Unintended Consequences of U.S. Export Restrictions on Software and Online Services for American Foreign Policy and Human Rights’, Harvard Journal of Law and Technology, 23 (2), Spring, 537–66 Index

    Out of stock

    £622.25

  • The Preferential Liberalization of Trade in

    Edward Elgar Publishing Ltd The Preferential Liberalization of Trade in

    2 in stock

    Book SynopsisServices account for three quarters of GDP in many countries but less than a quarter of global trade. This insightful volume assesses recent evidence on services trade barriers, the extent to which preferential trade agreements liberalize trade in services and whether such liberalization benefits only participants or extends to non-member countries. It provides an excellent overview of the state of knowledge in this important area, as well as a number of detailed case studies of recent trade agreements that include services.'- Bernard Hoekman, European University Institute, Italy'Sky-high barriers to services trade are the foremost obstacle confronting 21st century trade ministers and create a major impediment to global growth. Ministers have made commendable progress in several regional trade agreements but not much in the World Trade Organization. This volume charts the terrain and provides an essential guide to the achievements and shortcomings of preferential liberalization.'- Gary Clyde Hufbauer, Peterson Institute for International Economics, USThis book fills an important gap in the trade literature by offering a comprehensive cross-regional comparison of approaches to preferential market opening and rule-making in the area of trade in services. Chronicling the spectacular recent rise of preferential trade agreements (PTAs) in services and with contributions from some of the world's leading experts, the book examines the forces shaping the demand for preferences in services trade. It asks whether and how preferential advances differ from, go further than, and might ultimately inform the development of multilateral disciplines on services under the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS).The book's core focus is on comparative scholarship, directing attention to the substantive features of services PTAs around the globe and exploring the iterative nature of rule-making and market opening in a still nascent field of trade diplomacy. It advances a number of ideas on how to multilateralize PTA advances in services and takes stock of the likely impact on the WTO system of ongoing attempts at crafting a plurilateral agreement on trade in services.Trade negotiators and policy officials working in the field of trade and investment in services as well as academics in the fields of law, economics and international political economy will find much of use in this authoritative study.Contributors: S. Abeysinghe, M. Bosworth, R. Chanda, A. Mattoo, M. Robert, M. Roy, P. Sauvé, S. Stephenson, I. Streho, R. Trewin, N. WardTrade Review‘Services account for three quarters of GDP in many countries but less than a quarter of global trade. This insightful volume assesses recent evidence on services trade barriers, the extent to which preferential trade agreements liberalize trade in services and whether such liberalization benefits only participants or extends to non-member countries. It provides an excellent overview of the state of knowledge in this important area, as well as a number of detailed case studies of recent trade agreements that include services.’ -- Bernard Hoekman, European University Institute, Italy‘Sky-high barriers to services trade are the foremost obstacle confronting 21st century trade ministers and create a major impediment to global growth. Ministers have made commendable progress in several regional trade agreements but not much in the World Trade Organization. This volume charts the terrain and provides an essential guide to the achievements and shortcomings of preferential liberalization.’ -- Gary Clyde Hufbauer, Peterson Institute for International Economics, USTable of ContentsContents: Introduction and Overview Pierre Sauvé and Anirudh Shingal PART I: OVERALL TRENDS 1. Services Commitments in Preferential Trade Agreements: Surveying the Empirical Landscape Martin Roy 2. The Preferential Liberalization of Trade in Services: Economic Insights Aaditya Mattoo and Pierre Sauvé 3. Do Negotiated Agreements Foster Trade in Services? Evidence from PTAs Anirudh Shingal PART II: COMPARATIVE REGIONALISM 4. Innovative Regionalism: The Americas Sherry Stephenson and Maryse Robert 5. Services Trade in the European Union: Internal and External Approaches to Market Opening Imola Streho 6. Services Preferences in Africa: Perspectives and Challenges Pierre Sauvé and Natasha Ward 7. Mapping the Universe of Services Disciplines in Asian PTAs Rupa Chanda 8. Services Trade in South Asia: the India–Sri Lanka CEPA A.P.C. Subhashini Abeysinghe 9. Much Ado About Nothing Much? Australian PTAs in Services Malcolm Bosworth and Ray Trewin PART III: FINAL THOUGHTS 10. Reflections on the Nature of Preferences in Services Pierre Sauvé and Anirudh Shingal 11. A Plurilateral Agenda for Services? Assessing the Case for a Trade in Services Agreement (TISA) Pierre Sauvé

    2 in stock

    £145.00

  • Research Handbook on Global Justice and

    Edward Elgar Publishing Ltd Research Handbook on Global Justice and

    10 in stock

    Book SynopsisThe fairness of institutions of global economic governance ranks among the most pressing issues of our time. Most approaches to understanding the complex structure of treaties and intergovernmental organizations such as the WTO tend to uncritically accept an economic focus, highlighting gains from trade and the merits of progressive trade and investment liberalization. While the economic arguments are compelling, other ways of thinking about the roles of these institutions have received less attention. The Research Handbook fills this gap by offering a substantial interdisciplinary examination of the normative and policy underpinnings of the international economic order.The book includes specially commissioned chapters based on theories of justice, human rights, and critical legal studies, as well as on economics and the internal structure of international economic law itself, all written by leading scholars in their respective fields. The contributors offer an interdisciplinary approach to understanding the relationship between international economic law and policy and the rights and welfare of peoples across the globe. The end result is an essential point of reference for developing a comprehensive toolkit for evaluating the institutions of global economic governance.Containing extensive and significant interdisciplinary coverage of key areas of research on international economic law and policy, this Research Handbook will appeal to political scientists, philosophers, legal scholars, economists and international relations theorists.Contributors: G. Brock, B.S. Chimni, L.V. Ciko, P. Clements, C.M. Correa, F.J. Garcia, B. He, C.L. Lim, J. Linarelli, S.M. Lundan, A. Maneschi, H. Murphy, E.-U. PetersmannTable of ContentsContents: Introduction John Linarelli 1. Theories of Global Justice Gillian Brock 2. Human Rights and International Economic Law in the 21st Century Ernst-Ulrich Petersmann 3. Theories of Justice and International Economic Law Frank J. Garcia and Lindita V. Ciko 4. Regional Trade Agreements and the Poverty Agenda Chin Leng Lim 5. Multilateral Development Banks and the International Monetary Fund Paul Clements 6. Human Rights Issues in Multinational Value Chains Sarianna M. Lundan 7. Intellectual Property Rights and International Economic Governance Carlos M. Correa 8. Global Social Justice at the WTO? The Role of NGOs in Constructing Global Social Contracts Baogang He and Hannah Murphy 9. Critical Theory and International Economic Law: A Third World Approach to International Law (TWAIL) Perspective B.S. Chimni 10. International Trade Theory and Comparative Advantage Andrea Maneschi 11. Law, Rights and Development John Linarelli Index

    10 in stock

    £46.95

  • Research Handbook on Human Rights and Investment

    Edward Elgar Publishing Ltd Research Handbook on Human Rights and Investment

    Book SynopsisIn today'?s globalised world, the relationship between human rights and investment is an important societal and legal issue. This Research Handbook unravels this complex interaction and sheds light on all of its dimensions; it takes stock of the impact that investment operations can have on human rights and it examines how international law addresses, and contributes to, this complicated interplay. Taking a unique approach, the Handbook contains insightful chapters that provide analyses of specific international law regimes, with a particular focus on international investment law standards and investor-state arbitration. It also offers in-depth discussions of the corporate and home State responsibilities that can result from the activities of multinational corporations. Sectorial and regional case studies are also explored; they provide a grounding for the more theoretical aspects of the Handbook and highlight the key industries, such as the agricultural and extractive industries, that are prone to human rights violations. Academics, practitioners and policy-makers, with an interest in human rights law, international economic law and the activities of multinational corporations, will find this Research Handbook to be an important resource in their daily research and practice.Contributors include: D. Baumann-Pauly, A. Berkes, L. Boisson de Chazournes, K. Cordes, E. De Brabandere, M. Fanou, M. Hazelzet, S.M. Jastram, U. Kriebaum, J. Kyriakakis, G. Lehane, G. Lhuilier, D. Lim, J. Loutit, J. Mandelbaum, R. Mella, R. Polanco, Y. Radi, M. Tignino, R.V. Vadi, V. TzevelekosTrade Review'The Research Handbook on Human Rights and Investment provides a comprehensive and timely analysis of the various dimensions of the interplay between investment and human rights. These many dimensions, including the effect of foreign investment on a local population's human rights and international corporate responsibility for human rights violations, raise complex policy and legal questions. The Research Handbook is a welcome and important contribution to research on the controversial interplay between investment and human rights.' --Andrew Newcombe, University of Victoria, CanadaTable of ContentsContents: Preface Introduction: Taking stock of the societal and legal interplay between human rights and investment Yannick Radi PART I VIEWS FROM INTERNATIONAL LAW REGIMES 1.Human rights and international investment arbitration Ursula Kriebaum 2. Investment arbitration and human rights cases in Latin America Rodrigo Polanco and Rodrigo Mella 3. The shared territory of the ECHR and international investment law Maria Fanou and Vassilis Tzevelekos 4. Human rights, international investment law and transparency Laurence Boisson de Chazournes and Rukia Baruti 5. Human rights and investments at the WTO Valentina Vadi 6. Human Rights at the World Bank group Gwen Lehane PART II MNCs’ ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS 7. Corporate responsibility and human rights – Navigating between international, domestic and self-regulation Eric De Brabandere and Maryse Hazelzet 8. MNCs obligations in their 'sphere of influence' Gilles Lhuilier 9. International criminal responsibilities for MNCs violations of human rights Joanna Kyriakakis 10. Extraterritorial responsibility of the home States for MNCs violations of human rights Antal Berkes PART III SECTORIAL AND REGIONAL CASE STUDIES 11. Extractive industry investments and human rights Jacky Mandelbaum and Jennifer Loutit 12. Investments and human rights in the agricultural sector Kaitlin Cordes 13. Assessing human rights issues in the fashion industry – Challenges for investors Dorothée Baumann-Pauly and Sarah Margaretha Jastram 14. Private investments and the human right to water Mara Tignino 15. Investments and human rights in Asia Delphia Lim Index

    £203.00

  • Research Handbook on Transnational Labour Law

    Edward Elgar Publishing Ltd Research Handbook on Transnational Labour Law

    2 in stock

    Book SynopsisThe editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice.Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality.The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law.Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy.Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusán, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. López López, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.ZimmerTrade Review'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' --Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' --Sir Bob Hepple QC FBA, University of Cambridge, UKTable of ContentsContents: Preface PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW 1. Conceptualizing Transnational Labour Law Adelle Blackett and Anne Trebilcock PART II TRANSNATIONAL LABOUR LAW AS LAW A Transnational Labour Law’s Methods 2. Global Organizing and Domestic Constraints Ashwini Sukthankar 3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour Law Isabelle Martin 4. A ‘Dialogic’ Approach In Perspective Laurence Boisson De Chazournes 5. International Labour Indicators: Conceptual and Normative Snares Mark Barenberg 6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human Rights Anne Trebilcock B Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law 7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone Crisis Zoe Adams and Simon Deakin 8. International Financial Institutions’ Approaches to Labour Law: The Case of the International Monetary Fund Franz Christian Ebert 9. Racism and the Regulation of Migrant Labour Adrian A. Smith 10. China’s Challenge to Labour Law in both the Global North and the Global South Sean Cooney 11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in Spain Julia López López PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW A Freedom of Association in the Specificity of Labour Law 12. Pushback on the Right to Strike: Resisting the Thickening of Soft Law Janice R. Bellace 13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights Decisions Reingard Zimmer 14. Freedom of Association in Deliberative Spaces: The ILO Credentials Committee Faina Milman-Sivan 15. Freedom Of Association In International Framework Agreements Renée-Claude Drouin 16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic Workers Adelle Blackett B On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law’s Exclusions? 17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour Law Colleen Sheppard 18. Working Together Transnationally Cynthia Estlund 19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central America Graciela Bensusán 20. Constitutionalising Labour in the Inter-American System on Human Rights Rose-Marie Belle Antoine C Emerging Roles for the ILO as an Actor in Transnational Labour Law 21. ILO Normative Action In Its Second Century: Escaping The Double Bind? Francis Maupain 22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’ Claire La Hovary 23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour Organization Janelle M. Diller 24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields Aimée Asante and Ben Chigara PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL A Thickening Soft Law? ‘Privatising’ or Infusing Transnational Labour Law with Public International Law Norms? 25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer Imaginary Kevin Kolben 26. Thickening Soft Law Through Consumocratic Law: A Pragmatic Approach P. Martin Dumas 27. Diffusion and Leveraging of Transnational Labour Norms by the OECD Jean-Marc Thouvenin 28. The Use of Arbitration to Decide International Labour Issues Kathleen Claussen B Beyond WTO Linkage: Emerging Directions and Social Regionalism 29. What The World Trade Organization Learned From The International Labour Organization Steve Charnovitz 30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural Workers Jo Hunt 31. Private International Law Rules for Transnational Employment: Reflections from the European Union Aukje Van Hoek 32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution Mechanisms Pamhidai H. Bamu and Rutendo Mudarikwa 33. Labour Rights and Trade Agreements in the Americas Paula Church Albertson and Lance Compa C The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification 34. Trading in Services – Commodities and Beneficiaries Tonia Novitz 35. The Curious Incident of the ILO, Myanmar and Forced Labour Brian Langille 36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced Labour Jean Allain 37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International Responses Aristide Nononsi 38. A Transnational Law of Just Transitions for Climate Change and Labour David J. Doorey Index

    2 in stock

    £241.00

  • Research Handbook on the WTO and Technical

    Edward Elgar Publishing Ltd Research Handbook on the WTO and Technical

    20 in stock

    Book SynopsisCongratulations 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-authors 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, SwitzerlandA 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.The TBT Agreement imposes disciplines on the manner in which WTO member countries adopt and maintain technical measures, recognizing the importance of such measures to advance legitimate domestic policy goals such as health, safety and environmental objectives, but also the potential for technical measures to constitute barriers to trade. The contributors to this volume provide an in-depth examination of the text of the Agreement and how the WTO's dispute settlement system, the TBT Committee, WTO members, and other international organizations have engaged with and been affected by it.The book's comprehensive and accessible approach makes it a first point of reference for all trade law practitioners, policymakers and regulators. For scholars and students, the Handbook will prove essential reading for a deeper understanding of trade law.Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H. Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B. Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A. Mitchell, D. Prévost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T. Voon, M. Wagner, E.N. WijkströmTrade 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

    20 in stock

    £52.20

  • Risk and EU law

    Edward Elgar Publishing Ltd Risk and EU law

    7 in stock

    Book SynopsisIn recent years, we have witnessed the spectacular growth of risk management approaches to regulation, so much so that the concept of risk regulation has entered the mainstream regulation vocabulary. This timely collection takes a critical look at risk and EU law. Its multidisciplinary, comparative approach traces the dangers lurking in the practical application of these approaches. It offers important insights into the limitations of the approach and its variability across domains and Member States. It is a valuable addition to the risk regulation literature and deserves to be widely read.'- Bridget M. Hutter, London School of Economics and Political Science, UKAlthough the assessment and management of risk has always been an integral part of government and private decision-making, it has acquired particular importance in contemporary politics. Developments such as the global financial crisis of 2008, the ensuing Eurozone crisis, the rise in international terrorism, and natural disasters have brought to the fore the importance of risk management. As the competence of the EU has expanded, the presence of EU law in risk control has increased significantly. This book seeks to provide an analysis of EU risk regulation in various sectors, examining some key concepts and transversal themes, as well as focusing on sector specific regulation.The contributors explore the social epistemology of risk observation and management, risk modelling, the role of science in political and judicial decision-making, in addition to transnational risk regulation and contractual governance. They examine EU regulation, among others, in the field of terrorism prevention, external relations, food regulation and financial supervision.LThis book will be of interest to law scholars, social scientists and students, whilst lawmakers and lawyers will also benefit from the practical insights of its expert authors.Contributors: A. Alemanno, F. Allen, D. Brean, F. Cafaggi, E. Carletti, M. Cremona, S. Duquet, A. Garde, T. Herberger, A. Höfer, C. Kobrak, K.-H. Ladeur, H.-W. Micklitz, A. Oehler, T. Tridimas, M.B.A. van Asselt, K. Vieweg, E. Vos, S. Wendt, J. WoutersTrade Review‘In recent years, we have witnessed the spectacular growth of risk management approaches to regulation, so much so that the concept of risk regulation has entered the mainstream regulation vocabulary. This timely collection takes a critical look at risk and EU law. Its multidisciplinary, comparative approach traces the dangers lurking in the practical application of these approaches. It offers important insights into the limitations of the approach and its variability across domains and Member States. It is a valuable addition to the risk regulation literature and deserves to be widely read.’ -- Bridget M. Hutter, London School of Economics and Political Science, UKTable of ContentsContents: Introduction Hans-W. Micklitz and Takis Tridimas 1. Risk and the Regulatory State – Various Aspects Regarding Safety and Security in the Fields of Technology and Health Klaus Vieweg 2. Risk Assessment and Risk Management in Economics Andreas Oehler, Tim Herberger, Stefan Wendt and Andreas Höfer 3. The Social Epistemology of Risk Observation and Management - Modern Law and the Transformation of its Cognitive Infrastructure Karl-Heinz Ladeur 4. Risk in Three Dimensions: The EU-US Agreement on the Processing and Transfer of Financial Messaging Data Marise Cremona 5. Managing the Unmanageable: The European Union and Terrorism Jan Wouters and Sanderijn Duquet 6. EU Risk Regulation: The Role of Science in Political and Judicial Decision-making Marjolein B.A. van Asselt and Ellen Vos 7. The Emergence of EU Lifestyle Risk Regulation: New Trends in Evidence, Proportionality and Judicial Review Alberto Alemanno and Amandine Garde 8. Transnational Risk Regulation and Contractual Governance Fabrizio Cafaggi 9. Systemic Risk and Macroprudential Regulation Franklin Allen and Elena Carletti 10. Financial Crisis and Global Financial Regulation Christopher Kobrak and Donald Brean Index

    7 in stock

    £105.00

  • The Principle of National Treatment in

    Edward Elgar Publishing Ltd The Principle of National Treatment in

    2 in stock

    Book SynopsisThe principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law - including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection.With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy.Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prévost, S.J. Schaafsma, L. SchnellerTable of ContentsContents: Introduction to the series Introduction Anselm Kamperman Sanders PART I INTERNATIONAL TRADE LAW 1. The Philosophy of Non-discrimination in International Trade Regulation Thomas Cottier and Lena Schneller 2. National Treatment under GATT 1994: Jurisprudential Developments on De Facto Discrimination Lothar Ehring 3. National Treatment under the General Agreement on Trade in Services James Flett 4. National Treatment under the TBT Agreement Arthur E. Appleton 5. National Treatment in the SPS Agreement: A Sui Generis Obligation Denise Prévost PART II INTERNATIONAL INVESTMENT LAW 6. National Treatment in Emerging Market Investment Treaties David Collins 7. National Treatment in International Investment Law and Arbitration: A Relative Standard for Autonomous Public Regulation and Sovereign Development Leila Choukroune PART III INTELLECTUAL PROPERTY LAW 8. National Treatment under the Paris Convention Christopher Heath 9. National Treatment in Copyright and Related Rights: How Much Work Does it Do? Robert Brauneis 10. National Treatment under the TRIPS Agreement Anselm Kamperman Sanders 11 The Hidden Conflict-of-law Rule in the Berne and Paris Principle of National Treatment Sierd J. Schaafsma Index

    2 in stock

    £126.00

  • The Political Economy of WTO Implementation and

    Edward Elgar Publishing Ltd The Political Economy of WTO Implementation and

    Book SynopsisWhy, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism.The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance.With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global contextTable of ContentsContents: PART I NORMATIVITY AND IMPLEMENTATION ISSUES IN THE WTO 1. World Trade Law and Changing Fundamentals in the Global Architecture 2. The Evolution of the GATT/WTO Dispute Settlement System 3. Applicable Law before the WTO Disputes Settlement Body 4. Theorising the WTO Implementation Regime PART II CHINA AND WTO RULES IMPLEMENTATION: CONTEMPORARY POLICY AND DIPLOMACY 5. The Chinese Approach to Law 6. China and WTO Law: From Accession Negotiations to Current Commitments 7. China and the WTO Dispute Settlement System 8. Chinese Confucianism and Compliance Conclusion Index

    £104.00

  • Emissions Trading and WTO Law: A Global Analysis

    Edward Elgar Publishing Ltd Emissions Trading and WTO Law: A Global Analysis

    5 in stock

    Book SynopsisThe legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skillfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.'- Douglas Fisher, Queensland University of Technology, AustraliaEmissions trading is an economic legal framework designed to address the global environmental crisis of climate change. This book analyses the broader impacts of these frameworks - particularly the relationship between emissions trading schemes and the WTO.Felicity Deane focuses primarily on the rules of the WTO as a tool to demonstrate where the boundaries exist for acceptable interface with international trade. She explores the meaning of goods and products, services, subsidies and border adjustments within the context of the WTO rules and considers the impacts of these definitions on emissions trading frameworks.Academics and students with an interest in the WTO and the convergence of trade and environment will find this an insightful book. The points raised will also be useful to legal professionals, economists and policymakers involved in emissions trading practices.Trade Review‘The legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skilfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.’ -- Douglas Fisher, Queensland University of Technology, AustraliaTable of ContentsContents: 1. Introduction 2. Contextual Elements of Emissions Trading 3. The Law of the WTO and Emissions Trading 4. The Classification of GHG Tradeable Instruments as Goods 5. Emissions Trading and the General Agreement on Trade in Services 6. The Subsidies of Emissions Trading Schemes 7. The Border Adjustments of Emissions Trading Schemes 8. Conclusion Index

    5 in stock

    £93.00

  • Trade and Environmental Law

    Edward Elgar Publishing Ltd Trade and Environmental Law

    Book SynopsisThis extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.Analysing the key legal issues and questions raised by the impact of trade on the environment, the volume offers a thorough overview of the relationship between the World Trade Organization and the rules of environmental law, sustainability, and climate change. Each entry constitutes a nuanced and lucid introduction to the major cross-cutting topics in these dynamic fields, including examinations of national and regional approaches, WTO disputes, and the interface between trade, environment and areas such as human rights, investment and development.Featuring 107 entries divided into seven thematic parts, this volume is a landmark reference work which will prove invaluable to academics, students and researchers in international trade and environmental law, as well as public international law more broadly. It will also be a key resource for practitioners, policymakers and government officials working in any aspect of trade and environment.Trade Review‘Tensions between sustainability goals and the international trading system have been percolating for years – and are now boiling over. For those seeking to understand the legal framework, specific issues, and case decisions behind this clash, Trade and Environmental Law offers an invaluable resource. Panagiotis Delimatsis and Leonie Reins have brought together an extraordinary collection of scholars and other thought leaders who illuminate the critical issues with detailed exploration of the relevant GATT rules, WTO negotiating practices, dispute settlement procedures, and conceptual foundations for trade as well as the competing vision of sustainable development and the global commitments to action on climate change and other critical environmental matters. A “must have” reference for scholars, lawyers, students, business leaders, environmental advocates, and trade practitioners.’ -- Daniel Esty, Yale University, US

    £295.00

  • Corporate Social Responsibility, Private Law and

    Edward Elgar Publishing Ltd Corporate Social Responsibility, Private Law and

    15 in stock

    Book Synopsis'Rühmkorf's thought-provoking book has a powerful message: that we cannot rely on the discretion of business to promote CSR voluntarily. Through the devastating example of the Rana Plaza disaster, Rühmkorf shows that we must get beyond business rhetoric and develop a multidimensional approach to the regulation of global supply chains. Whilst recognising the existing limitations of private law, his book highlights the potential contribution of private law to the development and promotion of CSR. The task is not an easy one, but by adopting a pluralistic approach to corporate law and by employing contract law, consumer law and tort law more dynamically, English private law could fill many of the regulatory gaps. The message is urgent and strong. This is a must read book for anyone concerned with CSR, supply chains and the law.'- Charlotte Villiers, University of Bristol, UK'This book fills an important gap in discussions of international CSR standards. It is all very well to say that states must protect and companies should respect human rights, but when breaches of human rights do occur, it is remedies that matter. Rühmkorf explores the limits of private law avenues for seeking such remedies. In so doing, he provides a valuable understanding of obstacles to fuller realization of the three-pillared ''Protect, Respect and Remed'' Framework of the UN Guiding Principles on Business and Human Rights. - Alice de Jonge, Monash University, AustraliaCurrent debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business. This insightful book demonstrates how private law makes a significant contribution to the promotion of corporate social responsibility (CSR) and how it could be improved.Based on the analysis of four substantive areas (company law/corporate governance, contract law, consumer law and tort law), this inclusive book covers a full range of issues that are important for CSR. These include directors duties, corporate reporting, the incorporation of CSR policies into the supply chain, consumer rights and the tortious liabilities of companies. The book discerns how national private law in the home state of multinational enterprises can legally affect their socially responsible conduct worldwide. Andreas Rühmkorf demonstrates that private law already promotes and, with certain amendments, could better promote CSR in the regulation of global supply chains. The book's findings are applied to the collapse of the Rana Plaza Building in Bangladesh, which offers a supportive empirical insight.As an up-to-date and comprehensive survey of CSR and global supply chains, this work will benefit researchers and practitioners interested in the fields of CSR, private law, international law, political economy, international labor standards and sustainable supply chains.Trade Review'Rühmkorf provides a valued addition in understanding the benefits of a holistic CSR business model and a company's duty as a socially responsible international market participant. In his book Corporate Social Responsibility, Private Law and Global Supply Chains, Dr. Andreas Rühmkorf, a lawyer and professor of commercial law, proposes how English private law can be used to ensure corporations that utilize global supply chains are held accountable for violations of their own corporate governance. Rühmkorf's work will be of use to those interested in Corporate Social Responsibility, and the law, economics and politics surrounding international supply chains.' --Patricia M. Muhammad, International Social Science Review'This book, Corporate Social Responsibility, Private Law and Global Supply Chains by Dr. Andreas Rühmkorf, makes a considerable contribution to the literature on Corporate Social Responsibility (CSR). . . .I would recommend the book very strongly to all academics and postgraduate students interested in company and corporations law. The book is focused on an important aspect, CSR, in the wider debate and worldwide realisation that companies should move away from 'short-termism' and focus on long-term and sustainable growth and should be responsible citizens!' --Jean J. du Plessis, Deakin Law School, Deakin University, Australia'This book offers a broad and deep analysis of the topic; and it could be of interest for researchers and student researchers as well as for directors and non-executive directors, company secretaries and officers dealing with the ongoing analysis of corporate social responsibility.' --International Company and Commercial Law ReviewTable of ContentsContents: 1. Corporate Social Responsibility and Private Law 2. Company Law, Corporate Governance and Corporate Social Responsibility 3. Contract Law, Global Supply Chains and Corporate Social Responsibility 4. Consumer Protection Law and Corporate Social Responsibility 5. Tort Law and Corporate Social Responsibility 6. The Promotion of Corporate Social Responsibility in English Private Law 7. The Rana Plaza Building Collapse – Corporate Social Responsibility, Private Law and the Global Supply Chain Bibliography Index

    15 in stock

    £104.00

  • Global Governance through Trade: EU Policies and

    Edward Elgar Publishing Ltd Global Governance through Trade: EU Policies and

    15 in stock

    Book SynopsisWielded by major economic powers, linkages between trade and such issues as environmental protection and human rights have become a widely used and controversial policy instrument. This volume provides a comprehensive and authoritative analysis, across issue-areas, of the European Union's deployment of trade to advance its normative goals.'- Miles Kahler, Council on Foreign Relations'The EU treaties call for the EU to promote its core values internationally. Trade is one instrument to do so: linking preferential access to the large EU market to convergence towards EU or internationally agreed norms. The volume offers an insightful discussion of the scope for, and the effectiveness of, EU trade linkage strategies to influence the labour, environmental and human rights-related policies of selected trade partners. It advances the state of our knowledge on a controversial and important subject.'- Bernard Hoekman, EUI and CEPR, ItalyA 'new generation' of EU trade policies aims to advance public goods such as promoting sustainable development, protecting human rights and enhancing governance in third states. The pursuit of these objectives raises important questions regarding coherence, effectiveness, legitimacy and extraterritoriality. In Global Governance through Trade leading scholars from different disciplines address these topical questions.The book contains a comprehensive analysis of the concept of governing through trade and investigates how the EU 'exports' regulation through conditional market access regulation, bilateral trade agreements and unilateral trade policy. Several case studies complement the general analysis and provide an in-depth assessment of the European Union's new trade policies.This multidisciplinary book will be an enlightening read for a wide-ranging audience encompassing academics, policymakers, policy analysts and students of, amongst others, trade law and policy, global governance, sustainable development, human rights and labor standards.Contributors: L. Bartels, L. Beke, N.A.J. Croquet, C. Damro, D. Geraets, N. Hachez, M. Koekkoek, J. Larik, R. Leal-Arcas, A. Marx, P.C. Mavroidis, B. Natens, C. Ryngaert, J. Soares, G. van Calster, C.M. Wilmarth, J. Wouters, J. YapTrade Review‘Wielded by major economic powers, linkages between trade and such issues as environmental protection and human rights have become a widely used and controversial policy instrument. This volume provides a comprehensive and authoritative analysis, across issue-areas, of the European Union’s deployment of trade to advance its normative goals.’ -- Miles Kahler, Council on Foreign Relations‘The EU treaties call for the EU to promote its core values internationally. Trade is one instrument to do so: linking preferential access to the large EU market to convergence towards EU or internationally agreed norms. The volume offers an insightful discussion of the scope for, and the effectiveness of, EU trade linkage strategies to influence the labour, environmental and human rights-related policies of selected trade partners. It advances the state of our knowledge on a controversial and important subject.’ -- Bernard Hoekman, EUI and CEPR, ItalyTable of ContentsContents: 1. Global Governance Through Trade: An Introduction Axel Marx, Bregt Natens, Dylan Geraets and Jan Wouters PART I DEFINING GOVERNANCE THROUGH TRADE 2. Market Power Europe and New EU Trade Policies Chad Damro 3. Good Global Governance through Trade: Constitutional Moorings Joris Larik PART II ‘EXPORTING’ SOCIAL AND ENVIRONMENTAL COMPLIANCE THROUGH BILATERAL CONDITIONAL MARKET ACCESS 4. Human Rights and Sustainable Development Obligations in EU Free Trade Agreements Lorand Bartels 5. Strengthening Sustainable Development through Regional Trade Agreements Rafael Leal-Arcas and Catherine M. Wilmarth 6. The Climate Change Norms under the EU-Korea Free Trade Agreement: Between Soft and Hard Law Nicolas A.J. Croquet 7. Does Integrating Labour Provisions in Free Trade Agreements Make a Difference? An Exploratory Analysis of Freedom of Association and Collective Bargaining Rights in 13 EU Trade Partners Axel Marx and Jadir Soares PART III ‘EXPORTING’ SOCIAL AND ENVIRONMENTAL COMPLIANCE THROUGH UNILATERAL CONDITIONAL MARKET ACCESS 8. The EU GSP: A Preference for Human Rights and Good Governance? The Case of Myanmar Laura Beke and Nicolas Hachez 9. One Step Forward: The European Union Generalised System of Preferences and Labor Rights in the Garment Industry in Bangladesh James Yap 10. Extraterritorial Regulation of Natural Resources: A Functional Approach Cedric Ryngaert and Marieke Koekkoek 11. Governing Through Trade in Compliance with WTO Law – A Case Study of the European Union Timber Regulation Dylan Geraets and Bregt Natens 12. Reaching Out for Green Policies - National Environmental Policies in the WTO Legal Order Petros C. Mavroidis 13. Just Sue the Bastards? An Assessment of the Alternative to Negative Harmonisation of Regulatory Priorities Geert van Calster 14. Conclusion Jan Wouters, Axel Marx, Dylan Geraets and Bregt Natens Index

    15 in stock

    £131.00

  • Research Handbook on Trade in Services

    Edward Elgar Publishing Ltd Research Handbook on Trade in Services

    Book SynopsisThis Research Handbook explores the latest frontiers in services trade by drawing on insights from empirical economics, law and global political economy. The world's foremost experts take stock of the learning done to date in services trade, explore policy questions bedeviling analysts and direct attention to a host of issues, old and new, confronting those interested in the service economy and its rising salience in cross-border exchange. The Research Handbook's 22 chapters shed analytical light on a subject matter whose substantive remit continues to be shaped by rapid evolutions in technology, data gathering, market structures, consumer preferences, approaches to regulation and ongoing shifts in the frontier between the market and the state. Expert contributors explore the subject through a multidisciplinary lens, offering a comprehensive overview of lessons learned over two decades of GATS jurisprudence. The book further chronicles the rising stakes and involvement of developing countries in global services trade, notably their growing insertion in global value chains, as well as the latest advances and remaining challenges in the statistical measurement of trade in services.Academics and experts in the policy research community will find value in this book, as will officials in governmental and international organization circles as well as representatives of service sector industry associations.Contributors include: A. Berry, T. Bohn, T. Broude, M. Burri, R. Chanda, P. Delimatsis, G. Gari, B. Hoekman, G.C. Hufbauer, M. Krajewski, R. Lanz, E. Leroux, J. Magdeleine, A. Maurer, P. Mavroidis, M. Mayakeshi, S. Miroudot, M. Molinuevo, S. Moses, N. Mulder, M. Roy, S. Saez, P. Sauvé, B. Shepherd, A. Shingal, S. Stephenson, D. Taglioni, L. Tuthill, E. van de Marel, C. Van Grasstek, N. Ward, J. WilsonTrade Review'The Research Handbook on Trade in Services is the most comprehensive study to date on one of the most relevant, albeit least explored areas in the field of international trade policy. By adopting a multi-disciplinary approach that brings together the economic, legal and political economy perspectives of renowned experts, Pierre Sauvé and Martin Roy have made a significant contribution to better understanding trade in services. Trade policy-makers, practitioners and scholars will find solid evidence in this book to inform bold and comprehensive reforms to fully exploit the potential of the services economy.' --Anabel Gonzalez, World Bank Group Global Practice on Trade and CompetitivenessTable of ContentsContents: Introduction and Overview Pierre Sauvé and Martin Roy PART I EMPIRICAL PERSPECTIVES 1. Charting the evolving landscape of services trade policies: Recent patterns of protection and liberalization Martin Roy 2. Measuring trade in services in a world of global value chains Andreas Maurer, Joscelyn Magdeleine and Rainer Lanz 3. Trade costs and global value chains in services Sébastien Miroudot and Ben Shepherd 4. Ricardo does services: Service sector regulation and comparative advantage in goods Erik van der Marel 5. Going beyond the 0/1 dummy: Estimating the effect of heterogeneous provisions in services agreements on services trade Anirudh Shingal 6. Nurturing the competitiveness of services exports: Metrics and policy options Sebastian Sáez and Daria Taglioni 7. Services trade and regulatory reform: A methodology for developing countries Martin Molinuevo and Sebastián Sáez PART II LEGAL PERSPECTIVES 8. Twenty years of GATS case law: Does it taste like a good wine? Eric H. Leroux 9. Domestic regulation and services trade: Lessons from regional and bilateral free trade agreements Markus Krajewski 10. A technical barriers to trade agreement for services? Bernard M. Hoekman and Petros C. Mavroidis 11. Standard-setting in services: New frontiers in rule-making and the role of the EU Panagiotis Delimatsis 12. Services and state-owned enterprises Sherry Stephenson and Gary C. Hufbauer 13. Designing future-oriented multilateral rules for digital trade Mira Burri 14. Cross-border data flows: What role for trade rules? L. Lee Tuthill PART III POLITICAL ECONOMY AND DEVELOPMENT PERSPECTIVES 15. The behavioural dynamics of positive and negative listing in services trade liberalization: A look at the Trade in Services Agreement (TiSA) negotiations Tomer Broude and Shai Moses 16. Demographics and labour markets: Implications for mode 4 trade Rupa Chanda 17. The changing landscape of global trade in business services and value chains: Are emerging economies taking over? Andrew Berry, Timon Bohn and Nanno Mulder 18. Opening services markets in developing countries: What role for competition law? Joseph Wilson 19. The services trade agreements of developing countries Craig VanGrasstek and Mina Mashayekhi 20. A trade in services waiver for least developed countries: Towards workable proposals Pierre Sauvé and Natasha Ward 21. Services negotiations: Where have we been and where are we heading? Gabriel Gari Index

    £218.00

  • Research Handbook on the Law of the EU’s Internal

    Edward Elgar Publishing Ltd Research Handbook on the Law of the EU’s Internal

    Book SynopsisWhile the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration. In a departure from existing literature in the field, expert contributors approach the four freedoms as a functional whole and identify horizontal and overarching themes that have emerged over the years. The Research Handbook on the Law of the EU's Internal Market addresses six overarching themes: the reach of the internal market, the relationship between economic and non-economic interests, the internal market as an economic union, uniformity versus diversity, the governance and politics of the internal market, and the internal market in the world. This perceptive Research Handbook will be fascinating reading for academics and students in EU law and European studies. It will also be an invaluable resource for practitioners, policy makers, and anyone interested in the future of the internal market in particular and European integration in general.Contributors include: C. Barnard, T. Beukers, A. Cédelle, P. Craig, M. Cremona, G. Davies, F. De Witte, M. Egan, S. Enchelmaier, V. Hatzopoulos, H. Hofmann, T. Horsley, E. Howell, P. Koutrakos, I. Maletic, M. Markakis, H. Micklitz, N. Nic Shuibhne, J. Payne, W.-H. Roth, A. Saydé, C. Sieburgh, J. Snell, J. Vella, H. Vedder, P. Wattel, S. WeatherillTrade Review'Even with the expanding reach of EU law, the law relating to the internal market continues to constitute a centre-piece of the EU legal order. There is an extensive literature on the economic freedoms in particular but surprisingly little exists in terms of an overall analysis. This book fills this gap in an eminent way and it will no doubt contribute to our understanding of not only the internal market but also the EU constitutional and legal order more generally.' --Allan Rosas, European Court of JusticeTable of ContentsContents: 1. Internal Market: An Introduction Panos Koutrakos and Jukka Snell PART I THE REACH OF THE INTERNAL MARKET 2. Between Market Access and Discrimination: Free Movement as a Right to Fair Conditions of Competition Gareth Davies 3. Freedom as a Source of Constraint: Expanding Market Discipline through Free Movement Alexandre Saydé 4. Horizontality: The Application of the Four Freedoms to Restrictions Imposed by Private Parties Stefan Enchelmaier 5. The Competence to Harmonise and Its Limits Stephen Weatherill 6. The Day the Clock Stopped: EU Citizenship and the Single Market Catherine Barnard PART II THE RELATIONSHIP BETWEEN ECONOMIC AND NON-ECONOMIC INTERESTS 7. The Architecture of the EU’s Social Market Economy Floris de Witte 8. Healthcare in the Internal Market Vassilis Hatzopoulos 9. Integrating Rather than Juxtaposing Environmental Policy and the Internal Market Hans Vedder 10. Primary EU law, European Regulatory Private Law and National Private Law Hans W. Micklitz and Carla Sieburgh 11. Fundamental Rights and the Framework of Internal Market Adjudication: Is the Charter Making a Difference? Niamh Nic Shuibhne PART III INTERNAL MARKET AS AN ECONOMIC UNION 12. The Creation of a European Capital Market Jennifer Payne and Elizabeth Howell 13. The Eurozone Crisis and the Autonomy of Member States in Economic Union: Changes and Challenges Thomas Beukers 14. The Euro Area, Its Regulation and Impact on Non-Euro Member States Paul Craig and Menelaos Markakis PART IV UNIFORMITY VERSUS DIVERSITY 15. Taxation in the Internal Market Peter J. Wattel 16. Differentiated Integration in the EU: Lessons from the Financial Transaction Tax Anzhela Cédelle and John Vella 17. Derogations from the Regulation of Free Movement: Article 114 TFEU Isidora Maletić PART V THE GOVERNANCE AND POLITICS OF THE INTERNAL MARKET 18. Institutional Dynamics Reloaded: The Court of Justice and the Development of the EU Internal Market Thomas Horsley 19. Mutual Recognition Wulf-Henning Roth 20. European Regulatory Union? The Role of Agencies and Standards Herwig C.H. Hofmann PART VI THE INTERNAL MARKET IN THE WORLD 21. The Internal Market and External Economic Relations Marise Cremona 22. The Evolution of Single Markets in Europe and the United States Michelle Egan Index

    £231.00

  • Natural Resources and Sustainable Development:

    Edward Elgar Publishing Ltd Natural Resources and Sustainable Development:

    Book SynopsisThe centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations.Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. WilsonTrade Review'The editors are to be congratulated on a timely and thought-provoking collection of essays that reappraise the international legal and political framework for natural resource governance and its impact on sustainable development.' --Mary Footer, University of Nottingham School of Law, UK'This is an innovative and intellectually enriching collection of essays on a very topical subject. The contributors present critical analysis and original approaches to interaction and tensions in various areas of international law, also addressing the legal questions arising from its fragmentation, a topic debated by the International Law Commission. Providing a fascinating insight into the workings of international law within various sectors of activities in developing countries and the tensions arising therefrom, such as between investors and local communities in natural resources projects, this book is a very rich source of knowledge. It is highly recommended for both practitioners and scholars.' --Malgosia Fitzmaurice, Queen Mary University of London, UK'This collection of essays on natural resources and sustainable development shines a light on the many vistas of the topic. While each chapter brings a refreshing review of extant literature on the specific area of enquiry, the indepth analysis of particular jurisdictions or industries makes for a better understanding of the issues at stake. In some cases new ground is broken where the authors debunk old ideas. Manuela Lavinas Picq's chapter on ''situating the amazon in world politics'' is a good example. After reading it, one is not likely to view the Amazon in the same way again. I recommend this book to scholars and practitioners alike.' --Victor Essien, International Journal of Legal InformationTable of ContentsContents: 1. Introduction Celine Tan and Julio Faundez 2. Investment Treaties, Natural Resources and Regulatory Space: Technical Issues and Political Choice in International Investment Law Lorenzo Cotula 3. Risky Business: Political Risk Insurance and the Law and Governance of Natural Resources Celine Tan 4. The Extractive Industries Transparency Initiative in Africa: Overcoming the Resource Curse and Promoting Sustainable Development Emma Wilson and James van Alstine 5. BITs, State Regulation and Business-Related Human Rights Violations in Water and Sanitation Services Juan Pablo Bohoslavsky, Liber Martin and Juan Justo 6. Away from the Spotlight: Foreign Investment in the Afghan Extractive Sector and the State’s Duty to Protect the Right to Water Daria Davitti 7. The Governance of Natural Resources in Latin America: The Commodities Consensus and the Policy Space Conundrum Julio Faundez 8. Generating Conflict: Gold, Water and Vulnerable Communities in the Colombian Highlands Christiana Ochoa 9. Situating the Amazon in World Politics Manuela Lavinas Picq 10. Tropical Forests, Climate Change and Neoliberal Environmental Governmentality Sam Adelman 11. The Role of Law in the Economy and in Regulating Natural Resources and Environmental Protection in China John McEldowney 12. Natural Resources and Global Value Chains: What Role for the WTO? Fiona Smith 13. Sustainable Chemical Regulation in a Global Environment Sharron McEldowney 14. Litigation Against Multinational Oil Companies in Their Home State Jurisdictions: An Alternative Legal Response to Pollution Damage in Foreign Jurisdictions David Ong 15. The Public Interest in International Investment Arbitration on Natural Resources Claire Buggenhoudt Index

    £121.00

  • Research Handbook on Climate Change and Trade Law

    Edward Elgar Publishing Ltd Research Handbook on Climate Change and Trade Law

    Book SynopsisThe interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues.The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in 'green' goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment.This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law.Contributors include: M. Alder, P. Arnaiz, S. Bigdeli, J. Chaisse, T. Cottier, P. Delimatsis, A. Dimopoulos, F. Fleurke, A. Gourgourinis, A.H. Lim, J. McMahon, S. Melnyk, J. Munro, K. Nadakavukaren Schefer, R. Partain, T. Payosova, V. Pogoretskyy, D. Ramos, E. Reid, M. Rimmer, L. Tamiotti, J.P. Trachtman, A. vanDuzer, E. Vranes, M. Wu, M. Young, R. ZhangTrade ReviewThis is a fascinating volume in which the complicated relationship between climate change, trade and investment law is analyzed by leading scholars in this domain in an exhaustive manner. A must for anyone interested in the broad relationship between climate change and trade law.' --Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium'This volume provides a comprehensive and up-to-date analysis of the interactions between public international law, trade law, and climate change law. Delimatsis has assembled an amazing collection of essays by leading scholars in Europe, North America, and Asia on key issues such as carbon taxes, border tax adjustments, climate standards and the market, climate services, investment, human rights, energy policy, and the role of climate in regional trade agreements. This Handbook deserves a place the desk of every climate policymaker.' --Steve Charnovitz, George Washington University'In the wake of the adoption of the 2015 Sustainable Development Goals and the Paris Climate Change Agreement, the world is getting serious about sustainability. Nowhere do the challenges of charting a sustainable future come into sharper focus than at the intersection of trade law and climate change, which makes Panagiotis Delimatsis's Research Handbook on Climate Change and Trade Law critical reading for practitioners and scholars alike.' --Dan Esty, Yale UniversityTable of ContentsContents: Introduction: Climate change and trade law—challenges for governance and coordination Panagiotis Delimatsis PART I CLIMATE CHANGE AND THE ROLE OF THE WTO: THEORETICAL UNDERPINNINGS 1. Common Concern and the Legitimacy of the WTO in Dealing with Climate Change Thomas Cottier and Tetyana Payosova 2. Common but Differentiated Responsibilities in Transnational Climate Change Governance and the WTO: A Tale of Two ‘Interconnected Worlds’ or a Tale of Two ‘Crossing Swords’? Anastasios Gourgourinis 3. Duty to Protect, Climate Change and Trade Krista Nadakavukaren Schefer and Pablo Arnaiz PART II CLIMATE CHANGE AND THE WORLD TRADE ORGANIZATION: TOPICAL ISSUES 4. Carbon Taxes, PPMs and the GATT Erich Vranes 5. WTO Law Constraints on Carbon Credit Mechanisms and Export Border Tax Adjustments Joel P. Trachtman 6. Feed-in Tariffs and the WTO Regulation of Subsidies – A Moment of Progressive Adjudication in Canada – Renewable Energy Sadeq Z. Bigdeli 7. Sustainable Standard-Setting, Climate Change and the TBT Agreement Panagiotis Delimatsis 8. Climate Change and Services Trade: What Role for the GATS? Michaël Alder, Aik Hoe Lim, and Ruosi Zhang 9. Trade Wars in the TRIPS Council: Intellectual Property, Technology Transfer, and Climate Change Matthew Rimmer PART III CLIMATE CHANGE AND TRADE IN PERSPECTIVE: CURRENT CHALLENGES 10. Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security? Vitaliy Pogoretskyy and Sergii Melnyk 11. Food Security and Agricultural Trade: An Early Warning for Climate Change! Joseph A. McMahon 12. The WTO Environmental Goods Agreement: From Multilateralism to Plurilateralism Mark Wu 13. Climate Change, Green Paradox Models and International Trade Rules Roy Andrew Partain PART IV CLIMATE CHANGE AND TRADE: GLOBAL AND REGIONAL PERSPECTIVES 14. Trade Measures to Address Climate Change: Territory and Extraterritoriality Margaret A. Young 15. EU Climate Law and the WTO Emily Reid 16. EU Climate Law and Human Rights: New Prospects for Judicial Environmental Activism? Floor Fleurke 17. Climate Change in the TPP and the TTIP James Munro PART V CLIMATE CHANGE, TRADE AND INVESTMENT 18. Climate Change and Investor-State Dispute Settlement: Identifying the Linkages Angelos Dimopoulos 19. The Complex Relationship between International Investment Law and Climate Change Initiatives: Exploring the Tension J. Anthony VanDuzer 20. Rules and Disputes on Foreign Investment in Renewable Energies – Exploring the Nexus of Trade and Investment Treaties Julien Chaisse Conclusion 21. Climate change mitigation and the WTO framework Ludivine Tamiotti and Daniel Ramos Index

    £228.00

  • Edward Elgar Publishing Ltd Research Handbook on Intellectual Property

    Book SynopsisThis Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace?The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area.This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale.Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. YuTrade Review'Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today's decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.' --Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, SwitzerlandThe concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.' --Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London'This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.' --Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of LawTable of ContentsContents: PART I: THE THEORETICAL FRAMEWORK OF INTELLECTUAL PROPERTY EXHAUSTION 1. Incentives, Contracts, and Intellectual Property Exhaustion Shubha Ghosh 2. The Economic Rationale for Exhaustion: Distribution and Post-Sale Restraints Ariel Katz 3. Exhaustion and Personal Property Servitudes Molly Shaffer Van Houweling 4. “Exhaustion” in the Digital Age Reto M. Hilty PART II: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: THE INTERNATIONAL CONTEXT 5. International Intellectual Property Rules and Parallel Imports Susy Frankel and Daniel J. Gervais 6. Economic Perspectives on Exhaustion and Parallel Imports Keith E. Maskus 7. Working Toward International Harmony on Intellectual Property Exhaustion (and Substantive Law) Vincent Chiappetta 8. Parallel Trade in Pharmaceuticals: Trade Therapy for Market Distortions Frederick M. Abbott PART III: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: REGIONAL AND NATIONAL APPROACHES 9. The European Internal Market: Exhaustion Plus Christopher M. Stothers 10. The Exhaustion Doctrine in Singapore: Different Strokes for Different IP Folks Ng-Loy Wee Loon 11. Parallel Imports and the Principle of Exhaustion of Rights in Latin America Carlos M. Correa and Juan I. Correa 12. Exhaustion of Intellectual Property Rights and the Principle of Territoriality in the United States John A. Rothchild, PART IV: SELECTED ISSUES (AND CHALLENGES) ON PATENT EXHAUSTION 13. Patent Exhaustion and Free Transit at the Interface of Public Health and Innovation Policies: Lessons to be Learned from EU Competition-Law Practice Josef Drexl 14. Regulatory Responses to International Patent Exhaustion Sarah R. Wasserman Rajec 15. Patent Exhaustion Rules and Self-Replicating Technologies Christopher Heath 16. Development of Patent Exhaustion in Mainland China Xiang Yu and Conghui Yin 17. The Hermeneutics of the Patent Exhaustion Doctrine in India Yogesh Pai PART V: SELECTED ISSUES (AND CHALLENGES) ON TRADEMARK EXHAUSTION 18. Trademark Exhaustion and Its Interface With EU Competition Law Apostolos G. Chronopoulos and Spyros M. Maniatis 19. Trademark Exhaustion and Free Movement of Goods: A Comparative Analysis of the EU/EEA, NAFTA and ASEAN Irene Calboli 20. Using Trademark Law to Override Copyright’s First Sale Rule for Imported Copies in the United States Mary LaFrance 21. New Developments on Trademark Exhaustion in Korea Byungil Kim 22. Trademark Exhaustion and the Internet of Resold Things Yvette Joy Liebesman and Benjamin Wilson PART VI: SELECTED ISSUES (AND CHALLENGES) ON COPYRIGHT EXHAUSTION 23. How Could Taiwan Copyright Act Follow the Patent and Trademark Regime and Adopt International Copyright Exhaustion? Kung-Chung Liu 24. The Marrakesh Treaty and the Targeted Uses of Copyright Exhaustion Marketa Trimble 25. From Importation to Digital Exhaustion: A Canadian Copyright Perspective Pierre-Emmanuel Moyse 26. Exhaustion and the Internet as a Distribution Channel: the Relationship Between Intellectual Property and European Law in Search of Clarification Guido Westkamp 27. Digital Copyright Exhaustion and Personal Property Aaron Perzanowski and Jason Schultz Index

    £237.00

  • Handbook on the Law of Cultural Heritage and

    Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and

    3 in stock

    Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index

    3 in stock

    £50.30

  • Regulating Judicial Activity in Europe: A

    Edward Elgar Publishing Ltd Regulating Judicial Activity in Europe: A

    5 in stock

    Book SynopsisThe role of the European judiciary has, in recent years, undergone a significant upheaval that has led to a realignment of judicial, legislative and executive powers. This exciting new book provides an insider s perspective on how these changes have affected the practical aspects of life in the European judiciary.This first book in Elgar's new series on Judicial Cooperation covers areas central to the evolution of the judiciary's role, including the protection of its independence, the working conditions of the judiciaries, as well as their relations with outside partners. With great insight, the contributors to this volume explore the shifting role that courts play as both legal innovators and system stabilizers. In order to carry out these roles effectively the judiciary must strive for cooperation: this book makes a valuable contribution to that aim.Regulating Judicial Activity in Europe will appeal to researchers and graduate students as well as to EU and national officials.Contributors include: A.S.H. Gaspar, V. Lamanda, G. Londers, K. TolksdorfTrade Review‘Academics, researchers and certainly international lawyers involved professionally in this area will find this book an insightful and fascinating read.’ -- The Barrister MagazineTable of ContentsContents: Foreword Preface PART I: PRACTICAL ASPECTS OF INDEPENDENCE OF JUSTICE 1. Protection of Independence Klaus Tolksdorf 2. Working Conditions Ghislain Londers 3. Relations with Outside Partners António Silva Henriques Gaspar PART II: THE BUDGET OF THE SUPREME COURTS OF THE EUROPEAN UNION 4. Introductory Report Vincent Lamanda Index

    5 in stock

    £86.00

  • International Energy Governance: Selected Legal

    Edward Elgar Publishing Ltd International Energy Governance: Selected Legal

    2 in stock

    Book SynopsisInternational Energy Governance: Selected Legal Issues covers some of the most interesting and pressing areas of international energy law and policy. Eastern-Mediterranean, WTO and energy, external EU energy policy and the promotion of renewable energy and its various effects on market institutions are just examples of legal issues selected for this book. The authors provide a comprehensive account of these areas under a common theme of energy, trade and environment. This is recommended reading for international lawyers dealing with these topics.'- Kim Talus, University of Eastern Finland, FinlandIn a world that is hungry for energy security, the legal components at the junction of interstate energy cooperation have become increasingly important. International law as it stands today is not equipped to handle international energy governance issues fully, negatively affecting our aim to meet energy security.Selected legal deficiencies relating to international energy governance are identified in this salient book. The currently fragmented and multi-layered international energy governance regime is exposed and reviewed. If governance were streamlined for legal cohesiveness and international political and economic cooperation, it would promote energy security. The book offers a broad perspective on interstate energy cooperation in areas such as energy transit, energy market liberalization and energy investment. A more specific approach is presented in areas of cooperation such as trade and energy; trade, environment and energy; and energy exploration and maritime delimitation disputes. Finally, International Energy Governance considers energy as a special sector within the World Trade Organization and presents an analysis of European Union energy governance and renewable energy systems.This book would primarily be of interest to students, scholars, lawyers, policymakers, and think tanks dealing with the legal aspects of energy, as well as those communities relating to other energy-related disciplines.Contents: Introduction Part I. Interstate Energy Governance: Selected Legal Issues from Trade, Environment and Law of the Sea 1. A fragmented Global Energy Governance 2. Energy as a Special Sector in the World Trade Organization 3. Trade, Environment and Energy: Implications for the Conservation of Oil Resources 4. Energy and Law of the Sea: Eastern Mediterranean Basin Scenarios Part II. EU Energy Governance: Selected Legal Aspects 5. EU Energy Security 6. The EU and its Systemic Relationship to the Energy Community and the Energy Charter Treaty Part III. Renewable Energy in the WTO and EU: Selected Legal Aspects 7. Renewable Energy in the World Trade Organization 8. Renewable Energy in the European Union Part IV. Looking Forward: Bridging the Policy Objectives of Energy, Trade and Environment 9. Sustainable Development and Mega-regionals: The TTIP and TPP IndexTrade Review‘International Energy Governance: Selected Legal Issues covers some of the most interesting and pressing areas of international energy law and policy. Eastern-Mediterranean, WTO and energy, external EU energy policy and the promotion of renewable energy and its various effects on market institutions are just examples of legal issues selected for this book. The authors provide a comprehensive account of these areas under a common theme of energy, trade and environment. This is recommended reading for international lawyers dealing with these topics.’ -- Kim Talus, University of Eastern Finland, Finland‘International Energy Governance: Selected Legal Issues, which is co-authored by Rafael Leal-Areas,‘For students of energy law as well as scholars, this book introduces and develops on a number of intriguing issues in the energy law arena and can be recommended to those studying this emerging subject.’ -- International Energy LawTable of ContentsContents: Introduction Part I. Interstate Energy Governance: Selected Legal Issues from Trade, Environment and Law of the Sea 1. A fragmented Global Energy Governance 2. Energy as a Special Sector in the World Trade Organization 3. Trade, Environment and Energy: Implications for the Conservation of Oil Resources 4. Energy and Law of the Sea: Eastern Mediterranean Basin Scenarios Part II. EU Energy Governance: Selected Legal Aspects 5. EU Energy Security 6. The EU and its Systemic Relationship to the Energy Community and the Energy Charter Treaty Part III. Renewable Energy in the WTO and EU: Selected Legal Aspects 7. Renewable Energy in the World Trade Organization 8. Renewable Energy in the European Union Part IV. Looking Forward: Bridging the Policy Objectives of Energy, Trade and Environment 9. Sustainable Development and Mega-regionals: The TTIP and TPP Index

    2 in stock

    £155.00

  • Performance Requirements and Investment

    Edward Elgar Publishing Ltd Performance Requirements and Investment

    4 in stock

    Book SynopsisIn this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.Performance Requirements and Investment Incentives Under International Economic Law astutely links the debate surrounding the use of such tools to the rise of emerging markets as key participants in economic globalization. The industrialization of developing countries has led to an increased reliance on foreign direct investments as a method of growth, in turn giving rise to the implementation of various regulatory strategies. Innovatively focusing on the inter-relation between performance requirements and investment incentives, David Collins illustrates the problems caused by their differential control and considers some possible approaches to achieving effective oversight. Drawing on network governance theory, he considers a unified regime of governance, which would allow for more comprehensive and systematic evaluation.Detailed and informative, this book will prove a useful reference tool for both academic and practicing lawyers as well as providing an excellent grounding for students and scholars of international economic law and international investment law. Governmental policy analysts will find its accessible style highly rewarding.Table of ContentsContents: Introduction 1. Performance Requirements and Investment Incentives: An Overview 2. The National Treatment Standard and Differential Treatment of Foreign Investors 3. Performance Requirements and International Trade Law 4. Performance Requirements and International Investment Law 5. Investment Incentives and International Trade Law 6. Investment Incentives and International Investment Law 7. Conclusions and Recommendations Index

    4 in stock

    £100.00

  • Elgar Encyclopedia of International Economic Law

    Edward Elgar Publishing Ltd Elgar Encyclopedia of International Economic Law

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

    £271.00

  • Sustainable Development in International Law

    Edward Elgar Publishing Ltd Sustainable Development in International Law

    5 in stock

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

    5 in stock

    £134.00

  • North-South Regional Trade Agreements as Legal

    Edward Elgar Publishing Ltd North-South Regional Trade Agreements as Legal

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

    £116.00

  • The Trans-Pacific Partnership and the Path to

    Edward Elgar Publishing Ltd The Trans-Pacific Partnership and the Path to

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

    £111.00

  • Procedural Fairness in Competition Proceedings

    Edward Elgar Publishing Ltd Procedural Fairness in Competition Proceedings

    5 in stock

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

    5 in stock

    £131.00

  • Fossil Fuel Subsidy Reform: An International Law

    Edward Elgar Publishing Ltd Fossil Fuel Subsidy Reform: An International Law

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

    £109.00

  • International Sales Law

    Edward Elgar Publishing Ltd International Sales Law

    5 in stock

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

    5 in stock

    £491.00

  • Regulatory Autonomy and International Trade in

    Edward Elgar Publishing Ltd Regulatory Autonomy and International Trade in

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

    £111.00

  • Handbook of Research on Counterfeiting and

    Edward Elgar Publishing Ltd Handbook of Research on Counterfeiting and

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

    £205.00

  • Energy Security, Trade and the EU: Regional and

    Edward Elgar Publishing Ltd Energy Security, Trade and the EU: Regional and

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

    £145.00

  • Local Engagement with International Economic Law

    Edward Elgar Publishing Ltd Local Engagement with International Economic Law

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

    £111.00

  • Regulatory Autonomy in International Economic

    Edward Elgar Publishing Ltd Regulatory Autonomy in International Economic

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

    £109.00

  • Trade in Water Under International Law: Bulk

    Edward Elgar Publishing Ltd Trade in Water Under International Law: Bulk

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

    £116.00

  • Research Handbook on Foreign Direct Investment

    Edward Elgar Publishing Ltd Research Handbook on Foreign Direct Investment

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

    £265.00

  • State and Trade: Authority and Exchange in a

    Edward Elgar Publishing Ltd State and Trade: Authority and Exchange in a

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

    £89.00

  • Trade, Labour and Sustainable Development:

    Edward Elgar Publishing Ltd Trade, Labour and Sustainable Development:

    Book Synopsis

    £132.29

  • Global Governance

    Edward Elgar Publishing Ltd Global Governance

    10 in stock

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

    10 in stock

    £614.00

  • Global Environmental Protection through Trade: A

    Edward Elgar Publishing Ltd Global Environmental Protection through Trade: A

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

    £111.00

  • Edward Elgar Publishing Ltd Environmental Border Tax Adjustments and

    10 in stock

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

    10 in stock

    £115.00

  • Research Handbook on Transnational Labour Law

    Edward Elgar Publishing Ltd Research Handbook on Transnational Labour Law

    Book SynopsisThe editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice.Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality.The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law.Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy.Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusán, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. López López, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.ZimmerTrade Review'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' --Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' --Sir Bob Hepple QC FBA, University of Cambridge, UKTable of ContentsContents: Preface PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW 1. Conceptualizing Transnational Labour Law Adelle Blackett and Anne Trebilcock PART II TRANSNATIONAL LABOUR LAW AS LAW A Transnational Labour Law’s Methods 2. Global Organizing and Domestic Constraints Ashwini Sukthankar 3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour Law Isabelle Martin 4. A ‘Dialogic’ Approach In Perspective Laurence Boisson De Chazournes 5. International Labour Indicators: Conceptual and Normative Snares Mark Barenberg 6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human Rights Anne Trebilcock B Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law 7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone Crisis Zoe Adams and Simon Deakin 8. International Financial Institutions’ Approaches to Labour Law: The Case of the International Monetary Fund Franz Christian Ebert 9. Racism and the Regulation of Migrant Labour Adrian A. Smith 10. China’s Challenge to Labour Law in both the Global North and the Global South Sean Cooney 11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in Spain Julia López López PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW A Freedom of Association in the Specificity of Labour Law 12. Pushback on the Right to Strike: Resisting the Thickening of Soft Law Janice R. Bellace 13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights Decisions Reingard Zimmer 14. Freedom of Association in Deliberative Spaces: The ILO Credentials Committee Faina Milman-Sivan 15. Freedom Of Association In International Framework Agreements Renée-Claude Drouin 16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic Workers Adelle Blackett B On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law’s Exclusions? 17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour Law Colleen Sheppard 18. Working Together Transnationally Cynthia Estlund 19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central America Graciela Bensusán 20. Constitutionalising Labour in the Inter-American System on Human Rights Rose-Marie Belle Antoine C Emerging Roles for the ILO as an Actor in Transnational Labour Law 21. ILO Normative Action In Its Second Century: Escaping The Double Bind? Francis Maupain 22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’ Claire La Hovary 23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour Organization Janelle M. Diller 24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields Aimée Asante and Ben Chigara PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL A Thickening Soft Law? ‘Privatising’ or Infusing Transnational Labour Law with Public International Law Norms? 25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer Imaginary Kevin Kolben 26. Thickening Soft Law Through Consumocratic Law: A Pragmatic Approach P. Martin Dumas 27. Diffusion and Leveraging of Transnational Labour Norms by the OECD Jean-Marc Thouvenin 28. The Use of Arbitration to Decide International Labour Issues Kathleen Claussen B Beyond WTO Linkage: Emerging Directions and Social Regionalism 29. What The World Trade Organization Learned From The International Labour Organization Steve Charnovitz 30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural Workers Jo Hunt 31. Private International Law Rules for Transnational Employment: Reflections from the European Union Aukje Van Hoek 32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution Mechanisms Pamhidai H. Bamu and Rutendo Mudarikwa 33. Labour Rights and Trade Agreements in the Americas Paula Church Albertson and Lance Compa C The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification 34. Trading in Services – Commodities and Beneficiaries Tonia Novitz 35. The Curious Incident of the ILO, Myanmar and Forced Labour Brian Langille 36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced Labour Jean Allain 37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International Responses Aristide Nononsi 38. A Transnational Law of Just Transitions for Climate Change and Labour David J. Doorey Index

    £52.20

© 2026 Book Curl

    • American Express
    • Apple Pay
    • Diners Club
    • Discover
    • Google Pay
    • Maestro
    • Mastercard
    • PayPal
    • Shop Pay
    • Union Pay
    • Visa

    Login

    Forgot your password?

    Don't have an account yet?
    Create account