Public international law: economic and trade Books

675 products


  • International Investment Law and History

    Edward Elgar Publishing Ltd International Investment Law and History

    Book SynopsisHistoriographical approaches to international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of historical methods and historical research can lead to a better understanding of international investment law.International Investment Law and History critically analyses the use of historical argument in international investment law. It examines the vital roles that historical arguments play in interpreting investment treaties, resolving investor-state disputes, and justifying or criticising the current system of investment protection.This book is the first in-depth study on the methodological challenges and benefits of historical analysis in international investment law. As such, it is a vital tool for scholars and practitioners in the field who wish to understand ways in which to use historical research and analysis to improve and redefine international investment law.Contributors include: M. Boase, H. Bray, Y. Chernykh, J. Ho, R. Hofmann, J. Kammerhofer, A. Kulick, K. Miles, M. Pinchis-Paulsen, S.W. Schill, T. St. John, C.J. Tams, J. YackeeTrade Review'It is a trite point that history plays an important role in international investment law, perhaps more so than in other, less decentralised fields of international law. This very fine volume will provide much of interest to the careful reader, be it their 'historical' inquiry directed at the broader normative tapestry of sources, responsibility, and dispute settlement within which investment law operates; interpretation and application of particular primary rules; critical engagement with the systemic teleology; or theoretical and methodological underpinnings.' --Martins Paparinskis, University College London, UK'There is no shortage of reading materials dealing with the subject of treaty-based investor/state arbitration, but as the editors of this fascinating volume have perceived, the field is dominated by the ''here and now'', and thus lacks important insights of historical perspective. The original contributions to be found here compel the reader to reconceptualise issues in light of the recognition that they did not emerge freshly minted from a box just 25 years ago.' --Jan Paulsson, Three Crowns LLP, Washington DC, US'This is an outstanding collection of provocative and informative papers. The contributions provide short, fascinating histories of several important elements of contemporary international investment law, while exploring the methodological issues that confront historians of the field and surveying the recent historical scholarship. For anyone interested in the history of international investment law, this is the perfect place to start.' --Kenneth Vandevelde, Thomas Jefferson School of Law, USTable of ContentsContents: Preface and acknowledgements Part I INTRODUCTION 1. International investment law and history: An introduction Stephan W. Schill, Christian J. Tams and Rainer Hofmann Part II OBJECTS AND OBJECTIVES OF HISTORY 2. Narrating narratives of international investment law: History and epistemic forces Andreas Kulick 3. The first investor-state arbitration? The Suez Canal dispute of 1864 and some reflections on the historiography of international investment law Jason Webb Yackee 4. Understanding change: Evolution from international claims commissions to investment treaty arbitration Heather L. Bray 5. History and international law: Method and mechanism ‑ empire and ‘usual’ rupture Kate Miles 6. The challenges of history in international investment law: A view from legal theory Jörg Kammerhofer Part III METHODOLOGY AND ITS CHALLENGES 7. Resolving challenges to historical research: Developing a project to define fair and equitable treatment Mona Pinchis-Paulsen 8. The evolution of contractual protection in international law: Accessing diplomatic archives, discovering diplomatic practice, and constructing diplomatic history Jean Ho 9. The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention Yuliya Chernykh 10. Enriching law with political history: A case study on the creation of the ICSID Convention Taylor St. John 11. A genealogy of censurable conduct: Antecedents for an international minimum standard of investor conduct Muin Boase Index

    £131.00

  • The UNCITRAL Model Law on International

    Edward Elgar Publishing Ltd The UNCITRAL Model Law on International

    Book SynopsisThis Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.Key Features: Comparative and thorough analysis of the provisions of the Model Law Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.Trade Review‘Gilles Cuniberti's new commentary on the UNCITRAL Model Law is a marvellous contribution to international arbitration scholarship. The fruit of rigorous research into practice in the numerous jurisdictions that have adopted the Model Law, it presents for the first time a comprehensive analysis of its application in clear and readable terms. An essential reference tool for the arbitration lawyer.’ -- Campbell McLachlan KC, Victoria University of Wellington, New Zealand and Associate Member, Essex Court Chambers‘The UNCITRAL Model Law on International Commercial Arbitration is the bedrock of international arbitral practice in many jurisdictions. This comparative Commentary comes in handy to understand the local implementations and variations of the Model Law around the globe. A must-have for practitioners and scholars alike!’ -- Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr LLP, UK‘Cuniberti's book masterfully documents not only that, but in which precise ways, the UNCITRAL Model Law has taken shape differently around the world. It is of immense value to practitioners and academics, as well as jurisdictions in determining whether and, if so, how to newly implement the Law for themselves.’ -- George Bermann, Columbia University School of Law, USTable of ContentsContents: Preface Introduction 1. General Provisions 2. Agreement 3. Composition of Arbitral Tribunal 4. Jurisdiction of Arbitral Tribunal 4a Interim Measures and Preliminary Orders 5. Conduct of Arbitral Proceedings 6. Making of Award and Termination of Proceedings 7. Recourse Against Award 8. Recognition and Enforcement of Awards Bibliography Index

    £213.00

  • Research Handbook on the Brussels Ibis Regulation

    Edward Elgar Publishing Ltd Research Handbook on the Brussels Ibis Regulation

    Book SynopsisThe Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law. This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance. Contributors include: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. WinklerTrade Review'Professor Mankowski, at the head of a select group of jurists from different European countries, has chosen to analyse some of the most important issues of the Brussels Ibis Regulation frequently discussed in court. If you are looking for a clear, accurate and rigorous legal analysis, this is the right book for you.' --Alfonso-Luis Calvo Caravaca, Carlos III University of Madrid, Spain'This timely book makes a major contribution to EU private international law by exploring and analysing 15 highly topical and emerging areas of international civil and commercial practice: it draws together arguments, presently scattered across the specialist literature of many legal systems, to illuminate each area by such excellent and clear expert comment that its purchase is plainly essential. Courts, practitioners and academics will all soon have reason to be grateful for its publication.' --Jonathan Fitchen, University of Aberdeen, UKTable of ContentsContents: Editor’s introduction to the Research Handbook on the Brussels Ibis Regulation viii Peter Mankowski 1 Cross-border dimension of collective proceedings in the Brussels Ibis regime: jurisdiction, lis pendens and related actions 1 T.M.C. Arons 2 Arbitration and the twists of Recital 12 of the Brussels Ibis Regulation 40 Sylvain Bollée and Étienne Farnoux 3 Negotiorum gestio and the Brussels Ibis Regulation 64 Tim W. Dornis 4 The substantive validity of forum selection agreements under the Brussels Ibis Regulation 95 Pietro Franzina 5 Injunctive relief under the Brussels Ibis Regulation 118 Thomas Garber 6 Intellectual property and the Brussels Ibis Regulation 147 Christian Heinze and Cara Warmuth 7 Collective labour law in the Brussels Ibis Regulation 172 Aukje van Hoek 8 The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) 188 Antonio Leandro 9 The rise and fall of a defining criterion? The targeting of digital commercial activities as a factor establishing consumer jurisdictions before and after the Geo-Blocking Regulation 207 Leander D. Loacker 10 The impact of the Brussels Ibis Regulation on the ‘second generation’ of European procedural law 230 Peter Mankowski 11 Lis alibi pendens and related actions before third country courts under the Brussels Ibis Regulation 250 Fabrizio Marongiu Buonaiuti 12 The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law 285 Johan Meeusen 13 Culpa in contrahendo and the Brussels Ibis Regulation 311 Dário Moura Vicente 14 Article 55 Brussels Ibis Regulation, enforcement by penalty and the ‘astreinte’ 329 Guillaume Payan 15 Overriding mandatory provisions and choice of court agreements 346 Matteo M. Winkler Index 360

    £179.00

  • Trade Liberalization

    Edward Elgar Publishing Ltd Trade Liberalization

    15 in stock

    Book SynopsisThis compelling research review discusses the major literary contributions to the economic analysis of the consequences of trade liberalization on growth, productivity, labor market outcomes and economic inequality. Examining the classical theories that stress gains from trade stemming from comparative advantage, the review also analyses more recent theories of imperfect competition, where any potential gains from trade can stem from competitive effects or the international transmission of knowledge. Empirical contributions provide evidence regarding the explanatory power of these various theories, including work on the effects of trade openness on economic growth, wages, and income inequality, as well as evidence on the effects of trade on firm productivity, entry and exit. This review will be an invaluable research resource for academics, practitioners and those drawn to this fascinating topic.Table of ContentsContents: Acknowledgements Introduction Romain Wacziarg PART I CLASSICAL TRADE THEORY AND THE GAINS FROM TRADE 1. Paul A. Samuelson (1939), ‘The Gains from International Trade’, Canadian Journal of Economics and Political Science, 5 (2), May, 195–205 2. Wolfgang F. Stolper and Paul A. Samuelson (1941), ‘Protection and Real Wages’, Review of Economic Studies, 9 (1), November, 58–73 3. Rudiger Dornbusch, Stanley Fischer and Paul A. Samuelson (1977), ‘Comparative Advantage, Trade and Payments in a Ricardian Model with a Continuum of Goods’, American Economic Review, 67 (5), December, 823–39 4. Rudiger Dornbusch, Stanley Fischer and Paul A. Samuelson (1980), ‘Heckscher-Ohlin Trade Theory with a Continuum of Goods,’ Quarterly Journal of Economics, 95 (2), September, 203–24 5. Edward E. Leamer (1980), ‘Welfare Computations and the Optimal Staging of Tariff Reductions in Models with Adjustment Costs’, Journal of International Economics, 10 (1), February, 21–36 6. Jonathan Eaton and Samuel Kortum (2002), ‘Technology, Geography, and Trade’, Econometrica, 70 (5), September, 1741–79 7. Arnaud Costinot, Dave Donaldson, Jonathan Vogel and Iván Werning (2015), ‘Comparative Advantage and Optimal Trade Policy’, Quarterly Journal of Economics, 130 (2), February, 659–702 PART II THE GAINS FROM TRADE LIBERALIZATION IN STATIC AND DYNAMIC TRADE MODELS WITH IMPERFECT COMPETITION 8. Paul R. Krugman (1979), ‘Increasing Returns, Monopolistic Competition, and International Trade’, Journal of International Economics, 9 (4), November, 469–79 9. Paul R. Krugman (1981), ‘Intraindustry Specialization and the Gains from Trade’, Journal of Political Economy, 89 (5), October, 959–73 10. Gene M. Grossman and Elhanan Helpman (1990), ‘Comparative Advantage and Long-Run Growth’, American Economic Review, 80 (4), September, 796–815 11. Luis A. Rivera-Batiz and Paul M. Romer (1991), ‘Economic Integration and Endogenous Growth’, Quarterly Journal of Economics, 106 (2), May, 531–55 12. Alwyn Young (1991), ‘Learning by Doing and the Dynamic Effects of International Trade’, Quarterly Journal of Economics, 106 (2), May, 369–405 PART III TRADE AND GROWTH 13. Sebastian Edwards (1992), ‘Trade Orientation, Distortions, and Growth in Developing Countries’, Journal of Development Economics, 39 (1), July, 31–57 14. Dan Ben-David (1993), ‘Equalizing Exchange: Trade Liberalization and Income Convergence’, Quarterly Journal of Economics, 108 (3), August, 653–79 15. Jeffrey D. Sachs and Andrew Warner (1995), ‘Economic Reform and the Process of Global Integration’, Brookings Papers on Economic Activity, 1 (25), January, 1–64 [64] 16. Ann Harrison (1996), ‘Openness and Growth: A Time-Series, Cross-Country Analysis for Developing Countries’, Journal of Development Economics, 48 (2), March, 419–47 17. Sebastian Edwards (1998), ‘Openness, Productivity and Growth: What Do We Really Know?’, Economic Journal, 108 (447), March, 383–98 18. Jeffrey A. Frankel and David Romer (1999), ‘Does Trade Cause Growth?’, American Economic Review, 89 (3), June, 379–99 19. Alberto F. Ades and Edward L. Glaeser (1999), ‘Evidence on Growth, Increasing Returns, and the Extent of the Market’, Quarterly Journal of Economics, 114 (3), August, 1025–45 20. Alberto Alesina, Enrico Spolaore and Romain Wacziarg (2000), ‘Economic Integration and Political Disintegration’, American Economic Review, 90 (5), September, 1276–96 21. Romain Wacziarg (2001), ‘Measuring the Dynamic Gains from Trade’, World Bank Economic Review, 15 (3), October, 393–429 22. Francisco Rodríguez and Dani Rodrik (2000), ‘Trade Policy and Economic Growth: A Skeptic’s Guide to the Cross-National Evidence’, NBER Macroeconomics Annual 2000, 15, January, 261–330 23. Enrico Spolaore and Romain Wacziarg (2005), ‘Borders and Growth’, Journal of Economic Growth, 10 (4), December, 331–86 24. Christian Broda and David E. Weinstein (2006), ‘Globalization and the Gains from Variety’, Quarterly Journal of Economics, 121 (2), May, 541–85 25. Romain Wacziarg and Karen Horn Welch (2008), ‘Trade Liberalization and Growth: New Evidence’, World Bank Economic Review, 22 (2), June, 187–231 Volume II Contents Acknowledgements Introduction An introduction to both volumes by the editor appears in Volume I PART I TRADE, LABOR MARKETS AND INEQUALITY 1. Ana L. Revenga (1992), ‘Exporting Jobs? The Impact of Import Competition on Employment and Wages in U.S. Manufacturing’, Quarterly Journal of Economics, 107 (1), February, 255–84 2. Romain Wacziarg and Jessica Seddon Wallack (2004), ‘Trade Liberalization and Intersectoral Labor Movements’, Journal of International Economics, 64 (2), December, 411–39 3. Erhan Artuç, Shubham Chaudhuri and John McLaren (2010), ‘Trade Shocks and Labor Adjustment: A Structural Empirical Approach’, American Economic Review, 100 (3), June, 1008–45 4. Donald R. Davis and James Harrigan (2011), ‘Good Jobs, Bad Jobs, and Trade Liberalization’, Journal of International Economics, 84 (1), March, 26–36 5. David H. Autor, David Dorn and Gordon H. Hanson (2013), ‘The China Syndrome: Local Labor Market Effects of Import Competition in the United States’, American Economic Review, 103 (6), October, 2121–68 6. Rafael Dix-Careiro (2014),‘Trade Liberalization and Labor Market Dynamics’, Econometrica, 82 (3), May, 825–85 7. Pablo D. Fajgelbaum and Amit K. Khandelwal (2016), ‘Measuring the Unequal Gains from Trade’, Quarterly Journal of Economics, 131 (3), March, 1113–80 8. Elhanan Helpman, Oleg Itskhoki, Marc-Andreas Muendler and Stephen J. Redding (2017), ‘Trade and Inequality: From Theory to Estimation’, Review of Economic Studies, 84 (1), June, 357–405 PART II THE EFFECTS OF TRADE LIBERALIZATION AT THE FIRM LEVEL: THEORY 9. Paul R. Krugman (1980), ‘Scale Economies, Product Differentiation, and the Pattern of Trade’, American Economic Review, 70 (5), December, 950–959 10. Marc J. Melitz (2003), ‘The Impact of Trade on Intra-Industry Reallocations and Aggregate Industry Productivity’, Econometrica, 71 (6), November, 1695–725 11. Andrew B. Bernard, Stephen J. Redding and Peter K. Schott (2007), ‘Comparative Advantage and Heterogeneous Firms’, Review of Economic Studies, 74 (1), January, 31–66 12. Marc J. Melitz and Gianmarco I.P. Ottaviano (2008), ‘Market Size, Trade, and Productivity’, Review of Economic Studies, 75 (3), January, 295–316 13. Andrew Atkeson and Ariel Toms Burstein (2010), ‘Innovation, Firm Dynamics, and International Trade’, Journal of Political Economy, 118 (3), June, 433–84 14. Elhanan Helpman, Oleg Itaskhoki and Stephen Redding (2010), ‘Inequality and Unemployment in a Global Economy’, Econometrica, 78 (4), July, 1239–83 15. Costas Arkolakis, Arnaud Costinot and Andrés Rodríguez-Clare (2012), ‘New Trade Models, Same Old Gains?’, American Economic Review, 102 (1) July, 94–130 PART III THE EFFECTS OF LIBERALIZATION ON FIRM PRODUCTIVITY, MARKUPS, ENTRY, AND EXIT: EMPIRICAL STUDIES 16. Nina Pavcnik (2002),‘Trade Liberalization, Exit, and Productivity Improvements: Evidence from Chilean Plants’, Review of Economic Studies, 69 (1), January, 245–76 17. Andrew B. Bernard, Jonathan Eaton, J. Bradford Jensen and Samuel Kortum (2003), ‘Plant and Productivity in International Trade’, American Economic Review, 93 (4), September, 1268–1290 18. Pinelopi Koujianou Goldberg, Amit Kumar Khandelwal, Nina Pavcnik and Petia Topalova (2010), ‘Imported Intermediate Inputs and Domestic Product Growth: Evidence from India’, Quarterly Journal of Economics, 125 (4), November, 1727–67 19. Andrew B. Bernard, Stephen J. Redding and Peter K. Schott (2011), ‘Multiproduct Firms and Trade Liberalization’, Quarterly Journal of Economics, 126 (3), July, 1271–318 20. Jan De Loecker (2011), ‘Product Differentiation, Multiproduct Firms, and Estimating the Impact of Trade Liberalization on Productivity’, Econometrica, 79 (5), September, 1407–451 21. Paula Bustos (2011), ‘Trade Liberalization, Exports and Technology Upgrading: Evidence on the Impact of MERCOSUR on Argentinean Firms’, American Economic Review, 101 (1), February, 304–40 22. Jan De Loecker and Frederic Warzynski (2012), ‘Markups and Firm-Level Export Status’, American Economic Review, 102 (6), October, 2437–71 Index

    15 in stock

    £636.00

  • Accession to the World Trade Organization: A

    Edward Elgar Publishing Ltd Accession to the World Trade Organization: A

    Book SynopsisThis detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ?rules? and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system.Taking an integrated approach, the author combines the results of a Mapping Exercise of all 36 Protocols of accession with a legal analysis of the decisions by the WTO Dispute Settlement Body involving Protocols of Accession. In doing so, this book provides the first comprehensive analysis of the issue of Member-specific ?WTO-Plus? commitments in Protocols of Accession. Whilst addressing the institutional and historical aspects of the WTO accession process, it provides a vital update to the existing scholarship on WTO accession, offering coverage of all accessions including those of Afghanistan, Kazakhstan and Liberia.Accession to the World Trade Organization will be invaluable reading for academics interested in WTO accession practice, as well as lawyers, practitioners and government officials in the field of WTO accession.Trade Review'This is a long overdue analysis: how is one to classify and then interpret the widely different obligations found in the Accession Protocols of new members. Dylan Geraets does an admirable job in navigating these underexposed yet noteworthy new rules in the WTO system. With this book he has made his mark.' --Marco Bronckers, Leiden University, the Netherlands'Close to one in four WTO members acceded to the WTO after its establishment in 1995. What is the legal status of their ''entry fee'' commitments? What WTO-plus and/or -minus rules can be found in the 36 Accession Protocols to date? Is the WTO veering toward a multi-tiered membership? This book is the first in-depth legal analysis of WTO accession rules and jurisprudence. An indispensable guide to understanding the role of ''newcomers'' such as China and Russia in the world trading system.' --Joost Pauwelyn, Georgetown University Law Centre, USTable of ContentsContents: Part I: Accession to the Multilateral Trading System 1. The General Agreement on Tariffs and Trade 1947 (GATT 1947) and the World Trade Organization (WTO) – Why Join the Club? 2. Membership of the GATT 1947 and the WTO 3. The Scope of the Multilateral Trading System Part II: The Status of Protocols of Accession in the legal framework of the WTO 4. The Status of Protocols of Accession in the Legal Framework of the WTO Part III: Mapping Exercise: The Content of Protocols of Accession 5. Mapping Exercise: Methodology and Typology – Commitments on Specific Matters 6. Mapping Exercise: The Results Part IV: Conclusion 7. Concluding Remarks Selected Bibliography Index

    £121.00

  • Ending Childhood Obesity: A Challenge at the

    Edward Elgar Publishing Ltd Ending Childhood Obesity: A Challenge at the

    Book SynopsisThis edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law.After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention.This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.Trade Review'Childhood obesity is a hugely serious human rights problem. The contributions to this volume engage in a thoughtful and thought-provoking way with the topic. In doing so, they focus on the potential - and limitations - of law as part of a multisectoral, multi-level human rights-based response to childhood obesity as a human, health social, economic, ecological, development and legal challenge. The contributions address key sub-disciplines of law, particularly international economic law to international human rights law, in order to demonstrate their respective relevance with regard to efforts to address childhood obesity.' -- Aoife Nolan, University of Nottingham, UK'To my fellow economists, this book will provide a stimulating approach to childhood obesity policies. The key underlying idea - a brilliant one - is to reconsider these policies in the light of the legal corpus governing children's protection and their right to health. The book then mixes conceptual analyses and case studies to propose a precise and pragmatic vision of the legal issues raised by the regulation of food markets, in particular the compatibility of national policies with international trade rules. A must-read for anyone interested in why and how the latest economic analyses play a crucial role in contemporary debates on the legitimacy and legal feasibility of public health policies!' -- Fabrice Etile, Paris School of Economics and INRAE, France'This book is a unique and new contribution to the now extensive policy-related work on ending childhood obesity. The authors take a human rights approach to this very pressing and important problem arguing persuasively that the law can and should be mobilised against it. The major targets for such intervention are food and other multinational corporations, whose practices come under close scrutiny. This volume is an essential read and resource for policy makers involved in health matters and for all who are involved in childhood obesity intervention.' -- Stanley Ulijaszek, University of Oxford, UK'Ending Childhood Obesity is an authoritative source that advances the case for a greater role of law in tackling the root causes of obesity as a public health emergency within the current global food environment. It is a must read for all those who are engaged - be they public health professionals, policymakers or health advocates - in combating NCDs both locally and globally.' -- Alberto Alemanno, HEC Paris, FranceTable of ContentsContents: 1 Ending childhood obesity: Introducing the issues and the legal challenge 1 Amandine Garde, Joshua Curtis and Olivier De Schutter PART I HUMAN RIGHTS APPROACH TO CHILDHOOD OBESITY PREVENTION 2 International human rights and childhood obesity prevention 30 Sarah A Roache and Oscar A Cabrera 3 The child’s right to health as a tool to end childhood obesity 57 Katharina Ó Cathaoir and Mette Hartlev 4 Human rights, childhood obesity and health inequalities 86 Marine Friant-Perrot and Nikhil Gokani PART II UTILISING THE SPACE AVAILABLE FOR REGULATORY MEASURES UNDER INTERNATONAL ECONOMIC LAW 5 Sugar as commodity or health risk: The unmaking or remaking of international trade law? 112 Gregory Messenger 6 Using food labelling laws to combat childhood obesity: Lessons from the EU, the WTO and Codex 138 Caoimhín MacMaoláin 7 Investment protection agreements, regulatory chill, and national measures on childhood obesity prevention 161 Mavluda Sattorova 8 International trade and childhood obesity: A Caribbean perspective 185 Nicole Foster PART III ADDITIONAL TOOLS AVAILABLE UNDER HUMAN RIGHTS LAW 9 Can the United Nations system be mobilized to promote human rights-based approaches in preventing and ending childhood obesity? 219 Wenche Barth Eide and Asbjørn Eide 10 Combatting obesogenic commercial practices through the implementation of the best interests of the child principle 251 Amandine Garde and Seamus Byrne 11 Multinational food corporations and the right to health: Achieving accountability through mandatory human rights due diligence? 282 Oliver Bartlett 12 Bridging governance gaps with extraterritorial human rights obligations: Accessing home State courts to end childhood obesity 309 Joshua Curtis 13 Overcoming the legal challenge to end childhood obesity: Pathways towards positive harmonization in law and governance 339 Joshua Curtis and Amandine Garde Index 370

    £131.00

  • International Commercial Arbitration and the

    Edward Elgar Publishing Ltd International Commercial Arbitration and the

    Book SynopsisThis new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions Guidance on how these tactics are addressed in national and international law Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.Trade Review‘The book by Dr Wilhelmsen is invaluable reading for everyone faced with the complex issue that is the regulation of international commercial arbitration with the EU and the consequences of the interference between the Brussels I Regulation and international commercial arbitration. The importance of this monograph is rooted not only in the significance of the questions it examines but also in the approach it takes, namely examining the interplay between EU, international and national laws of four EU jurisdictions (Sweden, Germany, England and France) and the conclusions it reaches.’ -- Petya Koycheva, International Company and Commercial Law ReviewTable of ContentsContents: 1. International Commercial Arbitration in the EU – An Introduction 2. The Interface between the Recast Brussels I Regulation and International Commercial Arbitration 3. The Consequences of the Interface between the Recast Brussels I Regulation and International Commercial Arbitration 4. The Existence and Validity of Arbitration Agreements 5. The Arbitrability of a Dispute 6. Parallel Proceedings 7. Conflicting Decisions 8. Summary and Conclusions Index

    £148.00

  • Blockchains, Smart Contracts, Decentralised

    Edward Elgar Publishing Ltd Blockchains, Smart Contracts, Decentralised

    Book SynopsisThe growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. This book identifies the legal challenges posed by cryptocurrencies, smart contracts and other applications of Blockchain, questioning whether these challenges can be addressed within the current legal system, or whether significant changes are required.Chapters assess how Blockchain's many applications will affect different areas of law, including contract, criminal, financial and private international law. Contributors analyse how these fields of law may need to adapt to accommodate Blockchain technology, proposing possible solutions and ways forward. Several chapters are based on the Swiss legal framework as it allows market participants the widest freedom to operate in Blockchains and cryptocurrencies. Overall, this illuminating work highlights the importance of creating a regulatory structure that will allow Blockchain technologies to develop, whilst also ensuring they are not abused. The conclusions of this book are however quite reassuring, with contributing authors suggesting that although disruptive, the challenges brought about by the 'Blockchain revolution' can, for the most part, be effectively addressed within the law as we know it.This book will be a valuable resource for practising lawyers and academic researchers who are interested in understanding more about how legal and regulatory systems will be affected by the implementation of Blockchain technologies.Contributors include: A. Alberini, V. Botteron, C. Boulay, N. Capus, B. Carron, P. Delimatsis, F. Guillaume, O. Hari, B. Homsy, D. Kraus, M. Le Boudec, V. Mignon, T. Obrist, V. Pfammatter, R.A. Pfister, V. Salomon, P. WitzigTable of ContentsContents: Foreword Daniel Kraus, Olivier Hari and Thierry Obrist Introduction Daniel Kraus 1. Blockchains – Perspectives and challenges Vincent Mignon 2. Cutting out the middleman: A case study of blockchain-technology induced reconfigurations in the Swiss financial services industry Pascal Witzig and Victoriya Salomon 3. Aspects of Private International Law Related to Blockchain Transactions Florence Guillaume 4. When Disruptive Meets Streamline: International Standardization in Blockchain Panagiotis Delimatsis 5. How Smart Can a Contract Be? Blaise Carron and Valentin Botteron 6. Aspects of Swiss financial Regulation Biba Homsy 7. The protection of cryptocurrencies’ owner : Selected aspects of Swiss financial market and bankruptcy law in relation to the treatment of cryptocurrencies in bankruptcy proceedings, in particular bitcoin Olivier Hari 8. Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law: Perspectives of a Distributed Future: Aspects of Criminal Law Nadja Capus and Maëlle Le Boudec 9. Blockchains: Aspects of Intellectual Property Law Daniel Kraus and Charlotte Boulay 10. Blockchain and Data Protection Adrien Alberini and Vincent Pfammatter 11. Tax Treatment of Cryptocurrency Holders and Miners in the Era of Virtual Currencies from a Multijurisdictional and Swiss Perspective Thierry Obrist and Roland A. Pfister Index

    £122.00

  • Governing Science and Technology under the

    Edward Elgar Publishing Ltd Governing Science and Technology under the

    Book SynopsisAgainst the backdrop of the recent trend towards mega-regional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation.With contributions from leading scholars in the field, this book presents a collaborative effort to map out the new dynamics shaped by scientific and technological advances and corresponding regulatory approaches. Starting with the trend of regulatory cooperation, the book focuses on prominent fields in international trade, information technology, energy, and public health. The final section reflects upon the position of intellectual property rights, a key concern in cross-border trade. This work is the first of its kind to give a timely review and assessment of the most critical challenges facing policymakers and academics in the newest wave of transformation in global trade governance.The book will appeal to academics who are researching in international economic law, technology law and policy, and political science. Practitioners and policy makers who are active in the field of international trade will also find great value in this work.Contributors include: W.-M. Choi, S.-J. Feng, M.-Z. Gao, B. Hazucha, C.-F. Lin, H.-W. Liu, C.-F. Lo, P. Mavroidis, B. Mercurio, Y. Naiki, S.-Y. Peng, S. Shadikhodjaev, R.H. Weber, M. Wu, P. YuTrade Review'This book provides a penetrating analysis of the timeliest issues in the context of WTO and megaregionalism: how to govern science and technology under the dynamic international economic order. With experts offering scholarly examination of contemporary challenges, this book proves to be a critical and constructive contribution to the field.' --Gabrielle Marceau, President of SIEL, Senior Counsellor at the WTOTable of ContentsContents: Part I Introduction 1. Governing Science and Technology in the Era of Megaregionals Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin 2. Regulatory Cooperation in the WTO: Why it Matters Now? How Could it be Achieved? Petros C. Mavroidis Part II Trade in ICT Goods and Services 3. Free Flow of Data and Digital Trade from an EU Perspective Rolf H. Weber 4. Lessons from the TPP Regulatory Coherence Chapter: The Laws Governing Unsolicited Commercial Electronic Messages as a Case Study Shin-Yi Peng 5. Export Policies, Technology Controls, and Investment Reviews: How States Compete in the Era of Global High-tech Value Chains. Mark Wu 6. China Standard Time: The Boundary of Techno-Nationalism in Megaregionals Han-Wei Liu, Part III Environmental and Energy Policy 7. Trade and Biological Diversity Governance in the Age of Megaregionalism Won-Mog Choi 8. Regulation of Renewable Energy Trade in the Megaregionals Era: Current Issues and Prospects for Rule-Making Reforms Sherzod Shadikhodjaev 9. The Promotion of Renewable Electricity Technology in the Mega-RTA Era: The Preliminary Evaluation of the Potential Effects on Regulatory Convergence or Divergence Anton Ming-Zhi Gao Part IV. Food Safety and Public Health 10. Food and Product Safety Issues in the TPP Yoshiko Naiki 11. Megaregional Transformation of Global Food Safety Governance: Normative Roots and Ramifications Ching-Fu Lin 12. How are Package-related Food Safety Issues Addressed in the TPP? Chang-Fa Lo Part V Intellectual Property Rights 13. TPP, RCEP, and the Crossvergence of Asian Intellectual Property Standards Peter K. Yu 14. International Harmonization with Regulatory Competition: A Case of Intellectual Property Law Branislav Hazucha 15. Harmonization without Localization: Trendspotting Pharmaceutical Patent Law in Recent FTAs Bryan Mercurio 16. Internet-Related Unfair Competition: The Impact of Treaties and Challenges for Mainland Chinese Law and Jurisprudence Shujie Feng Index

    £128.00

  • Sustainable Trade, Investment and Finance: Toward

    Edward Elgar Publishing Ltd Sustainable Trade, Investment and Finance: Toward

    Book SynopsisSustainable development remains a high priority in international politics and commerce. This timely book explores how the contours and facets of economic, environmental and social sustainability are reflected in the legal norms that govern trade, investment and finance. Examining a range of issues arising from private initiatives, national conduct and international organisations, the chapters interrogate the role of powerful global actors in the pursuit of sustainable development: China, the United States and the EU are all recognised as significant actors in a wider context of global partnership. The authors identify and investigate challenges to the realisation of a coherent sustainable development policy, engaging with the complex interactions of international, regional and national mechanisms that pose significant problems for the future of the planet, its people and their prosperity. Offering interdisciplinary insights on legal frameworks through the lens of sustainability, this discerning book will appeal to a range of academics interested in sustainability, trade, investment and finance, while also offering crucial insights for policy-makers into specific areas of regulation.Trade Review‘Understanding the regulatory frameworks of trade, investment and finance and their impact on corporate sustainability is crucial. This highly topical volume provides fresh insights combined with a comprehensive analysis that makes it a necessary contribution not only in trade, investment and finance, but also for scholars, students and policy-makers of company law, corporate governance and business generally.’ -- Beate Sjåfjell, University of Oslo and coordinator of the SMART project, NorwayTable of ContentsContents: 1. The Concept of Sustainability and its Application in International Trade, Investment and Finance Clair Gammage and Tonia Novitz PART I TRADE LAW 2. Sustainable Trade, Renewable Energy and the WTO Daniel Szabo 3. Social Norms in EU-Free Trade Agreements: Justiciable or Not? Clair Gammage 4. Increasing the Social Sustainability of Trade Agreements in Terms of Labour Standards: Insights from the TPP Experience Franz Christian Ebert PART II SUPPLY CHAINS 5. Sustainable Global Supply Chains: From Transparency to Due Diligence Kasey McCall-Smith and Andreas Rühmkorf 6. Regulating Sustainability by Combining Legality Verification and Market Access: Critical Reflections on the EU’s FLEGT Scheme as ‘Smart-Mix’ Multi-Level Regulation for the Timber Sector Karin Buhmann and Iben Nathan PART III CONTENT OF INVESTMENT TREATIES 7. Old Players, New Rules: A Critique of the China-Ethiopia and China-Tanzania Bilateral Investment Treaties Amy Man 8. The Principle of ‘CBDR’ in BITs to Promote Sustainable Development Strategies while Combating Environmental Degradation: A Developing Country Perspective Shamila Dawood PART IV INVESTMENT ARBITRATION 9. Human Rights Obligations in Investor-State Contracts: Reconciling Investors' Legitimate Expectations with the Public Interest Enrique Boone Barrera 10. From Myopia to Flashes of Clear Vision? Deciding Interaction and Conflict of Treaties in Investor-State Arbitration after Urbaser v Argentina Ahmad Ghouri 11. Achieving Sustainable Development Objectives in International Investment Law through the Lens of Treaty Interpretation Ying-Jun Lin PART V FUNDING, FINANCE AND TAX 12. Fossil Fuels Divestment: A Strategy for Sustainability? Benjamin J. Richardson 13. Creative Cocktails or Toxic Brews? Blended Finance and the Regulatory Framework for Sustainable Development Celine Tan 14. Apple Tax: The Core Issues Irene Lynch Fannon Index

    £127.00

  • Research Handbook on International Commercial

    Edward Elgar Publishing Ltd Research Handbook on International Commercial

    Book SynopsisThis comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.Trade Review'This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors' own chapter on Party Autonomy and will be recommending this to my students of international commercial law.' -- Camilla Baasch Andersen, The University of Western Australia'This fine assembly of chapters, predominantly by South African scholars but also including work from scholars in The Netherlands, the UK and the US, is devoted to a study of contract and commercial law on the international plane. The 17 contributions cover a wide range, both in time and in topic, and bring new insights into current and emerging commercial law issues, as well as alerting the reader to sources of which he or she may have been unaware. I warmly commend this new work.' -- Roy Goode, University of Oxford, UKTable of ContentsContents: List of contributors vii 1 International commercial contracts: autonomy and regulation in a dynamic system of merchant law 1 Andrew Hutchison and Franziska Myburgh PART I GENERAL PRINCIPLES OF CONTRACT LAW 2 On reasonable expectations, interpretive preferences and the ICS principles of interpretation 11 Franziska Myburgh 3 Good faith and the duty to co-operate in long-term contracts 35 Lorna Richardson 4 A lex mercatoria of remedies for breach of contract? 57 Harriët N Schelhaas 5 An EU perspective on contract law harmonisation 86 Bert Keirsbilck 6 Private international law and choice-of-law clauses 110 Faadhil Adams and Thalia Kruger 7 The UNIDROIT Principles of International Commercial Contracts 132 Thomas Krebs PART II MERCHANT CONTRACT FORMS 8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159 Juana Coetzee 9 Private ordering, dynamic merchant tradition, and the Uniform Commercial Code 181 David L Finnegan 10 A history of English marine insurance law: merchants, their practices, the courts and the law 196 Jeffrey Thomson 11 From the book of lading to blockchain bills of lading: dynamic merchant tradition and private ordering 223 Livashnee Naidoo 12 Negotiable instruments as instruments of payment in international trade 244 Charl Hugo 13 Harmonizing international secured transactions law 262 Reghard Brits 14 Agency law: continuity and change 281 Laura Macgregor PART III NEW FRONTIERS 15 Online contracting in an international commercial context 301 Sieg Eiselen 16 The chimera of smart contracts 328 Manuel A Gomez Index

    £197.00

  • Research Handbook on EU Economic Law

    Edward Elgar Publishing Ltd Research Handbook on EU Economic Law

    Book SynopsisThe Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.Trade Review'This Research Handbook is a thorough and well-organized volume on European economic law. It is a timely publication given the fast pace of changes in European economic affairs and presents a balanced look at the strengths and weaknesses among European Monetary Union institutions with an eye to the future from the contributors’ perspectives. This particular addition to the series is unique among other publications for its in-depth analysis of EU economic law.'--Stephanie C Miller, International Journal of Legal InformationTable of ContentsContents: 1. Introduction Federico Fabbrini and Marco Ventoruzzo PART I Economic Union 2. Institutional architecture Alberto de Gregorio Merino 3. Fiscal Rules Jean-Paul Keppenne 4. Mechanisms of Financial Stabilization Tomi Tuominen 5. Fiscal Capacity Federico Fabbrini PART II Monetary Union 6. Institutional architecture (ECB, Eurosystem) Phoebus Athanassiou 7. Conventional & Unconventional Monetary Policy Aikaterini Pantazatou and Ioannis Asimakopoulos 8. Monetary Policy and Judicial Review Stefania Baroncelli 9. Adjustment Programs and Conditionality Roderic O’Gorman PART III Banking Union 10. The Single Rulebook and the European Banking Authority Valia Babis 11. Single Supervisory Mechanism Tobias H. Troeger 12. Single Resolution Mechanism Christos Gortsos 13. European Deposit Insurance Scheme Christos Gortsos PART IV Capital Markets Union 14. The European System of Financial Supervision Sophie Vuarlot-Dignac and Eugenia Siracusa 15. Capital Markets Union Danny Busch 16. Financial Services and Investment Funds Filippo Annunziata 17. Clearing and Settlement Nadia Linciano 18. Concluding remarks Andreas Heinzmann and Valerio Scollo Index

    £203.00

  • Carbon Emissions Trading in China: Law, Policy

    Edward Elgar Publishing Ltd Carbon Emissions Trading in China: Law, Policy

    Book SynopsisEmissions Trading Systems (ETS) have been hailed as a game changer for the evolving climate crisis. This book provides an in-depth analysis of China’s carbon ETS, including its legal and policy frameworks, carbon market mechanisms, and international and comparative implications.With nine cutting-edge topics divided into three thematic parts, this comprehensive book probes the essential concepts, contemporary research, and key elements of carbon emissions trading in China. Multidisciplinary in scope, the book draws on insights from law, policy, economics, environmental management, and geopolitics, to provide a comprehensive and nuanced analysis of the development of carbon emissions trading in China. Placing China’s carbon ETS within the broader context of international efforts to address climate change, it provides a comparative perspective with international value.This book will be an essential resource for scholars and researchers of international and comparative climate law and policy, environmental management, economics, and climate politics. It will prove an indispensable guide for students of Chinese law, climate law, environmental policy, and comparative environmental law. Practitioners, policymakers, and government officials working in climate governance seeking the state-of-the-art of the development of ETS in China will also benefit greatly from its insights.Trade Review‘It is clear that to overcome the climate crises, the contribution of China, which for more than a decade has been the largest emitter of GHG, is crucial. With this book, two renowned authors, Professor Dr Qin Tianbao and Dr Zhang Meng, unfold for us in a very detailed manner China’s most important instrument to combat carbon emissions from industry: the Emission Trading System. This comprehensive monograph is a must read for all those interested in global climate change law.’ -- Luc Lavrysen, Centre for Environmental and Energy Law, Ghent University, Belgium‘China is now becoming a major player in the global climate change game. After initial pilots it introduced an emission trading system at the national level. This fascinating book provides a detailed analysis of the legal aspects of ETS in China. Both the economic rationale as well as the legal regulations are explained in a detailed manner. Anyone interested in climate change policy and environmental policy in China will undoubtedly benefit from reading this book.’ -- Michael G. Faure, Maastricht University and Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: Biography of the authors vi Introduction vii PART I CONTEXT, FUNDAMENTAL RATIONALE AND HISTORICAL DEVELOPMENT 1 Contextual setting for emissions trading in China: is the market-based approach a game changer for the ever-changing climate game? 2 Introduction to the key concepts and issues arising from the developing ETS in China 3 Historical development of emissions trading in China PART II ETS IN CHINA’S LEGAL AND POLICY DISCOURSES 4 Regional pilot emissions trading in China: a bottom-up approach towards a national ETS? 5 Legislative progress: the last mile to a well-established regulatory framework for the national ETS in China 6 Emerging climate litigation and developing ETS in China 7 Interactions between the ETS regulatory framework and other climate mechanisms towards the Dual Carbon Goals in China PART III HARMONIZATION OF CARBON MARKETS IN CHINA AND OTHER JURISDICTIONS 8 The role of the EU Carbon Border Adjustment Mechanism in linking emissions trading in China and the EU: troublemaker or game changer? 9 Synergetic development of the ETS in China and Southeast Asia: towards a regional ‘climate club’? Index

    £95.00

  • The Trans-Pacific Partnership: Intellectual

    Edward Elgar Publishing Ltd The Trans-Pacific Partnership: Intellectual

    Book SynopsisThis authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama's ideals that the agreement would be progressive and comprehensive and the substance of the trade deal. Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade.This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.Trade Review'In this comprehensive volume, Professor Matthew Rimmer takes a deep dive into the intellectual property chapter of the Trans-Pacific Partnership, now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. He covers a wide range of controversial matters including access to essential medicines, cybersquatting, and Indigenous intellectual property. The book is a must read for intellectual property enthusiasts as well as those interested in the significance of the Trans-Pacific Partnership for the future of international trade law.' -- Tania Voon, University of Melbourne, Australia'The Trans-Pacific Partnership is the definitive account of a trade agreement that spans the globe with enormous implications for the digital economy, the environment, and climate change. Professor Matthew Rimmer masterfully recounts policy critiques and analysis from Australia, Canada, New Zealand, and the United States in crafting a convincing case that after years of closed door negotiations, the agreement fails to deliver a progressive vision for trade, intellectual property, and sustainable development.' -- Michael Geist, University of Ottawa, CanadaTable of ContentsContents: PREFACE INTRODUCTION PART ONE Copyright Law and Related Rights 1. Rock against the Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom 2. Fair Use and Fair Trade: The Trans-Pacific Partnership and Copyright Exceptions in the Pacific Rim 3. Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership PART TWO Electronic Commerce and Digital Trade 4. The Trans-Pacific Partnership and Big Data: Consumer Rights, Privacy, Electronic Commerce and Digital Trade PART THREE Trademark Law and Related Rights 5. No Logo: Nike, Labor Rights, Trade Mark Law, and the Trans-Pacific Partnership 6. The Big Chill: Investor-State Dispute Settlement, Tobacco Control, and the Trans-Pacific Partnership 7. The Prosecco Wars: Intellectual Property and Geographical Indications in the Pacific Rim PART FOUR Patent Law and Related Rights 8. Farmers’ Rights in the Pacific Rim: Plant Breeders’ Rights, Agricultural Patents, and the Trans-Pacific Partnership 9. The Trans-Pacific Partnership and Access to Essential Medicines: Patent Law, Public Health, and Pandemics 10. The Trans-Pacific Partnership and Biotechnology: Intellectual Property, Gene Patents and Biologics PART FIVE TRADE SECRETS 11. Secret Trade and Trade Secrets: The Trans-Pacific Partnership, Confidential Information, and Computer Crimes PART SIX THE ENVIRONMENT, CLIMATE CHANGE, AND INDIGENOUS RIGHTS 12. Greenwashing the Trans-Pacific Partnership: Trade and the Environment in the Pacific Rim 13. Two Solitudes: Climate Change and Trade in the Context of The Trans-Pacific Partnership 14. The Imperialism of the Trans-Pacific Partnership: First Nations, Traditional Knowledge, and Indigenous Intellectual Property CONCLUSION Index

    £160.00

  • Principles of International Trade and Investment

    Edward Elgar Publishing Ltd Principles of International Trade and Investment

    Book SynopsisThis carefully crafted book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.Contributing to a growing and important body of scholarship, Principles of International Trade and Investment Law provides critical analysis of important topics in international economic law, including cross-border data transfers and prudential regulation. By identifying commonalities and divergences in how the two regimes treat key legal concepts, such as necessity testing and non-discrimination, the book provides insight into international trade and investment law while also furthering our understanding of the broader fields of international economic law and public international law.Examining how these key principles are interpreted and used in international economic law, this book will be welcomed by academics and practitioners interested in international investment and trade law as well as researchers in the international public law field.Trade Review'Principles of International Trade and Investment Law is an impressive tour de force combining in-depth theoretical analysis and crucial information for practitioners, students and teachers alike. The study of the selected principles (procedural fairness, reasonableness, necessity and non-discrimination) offers rich opportunities for intellectual cross-fertilization between the fields of international trade and investment law.' -- Maxi Scherer, Professor of Law, Queen Mary University of London and WilmerHale, London, UK'In this thorough and illuminating study Andrew D. Mitchell and Elizabeth Sheargold explore the role that principles play in international trade and investment law. They show us how the principles of due process and reasonableness have a central place in international economic law, and the treaty rules on non-discrimination and necessity are underpinned by broader principles of non-discrimination and necessity. This is a rich and insightful analysis of the little-explored interaction of rules and principles in international trade and investment law.' -- Donald McRae, University of Ottawa, Canada'While many textbooks exist on cross-fertilisation between international trade law and international investment law, here the authors present a comparative analysis of key principles on an unprecedented scale. This book focuses on two increasingly important sectors of government regulation: management of cross-border data transfers and the protection of financial systems. This work provides an essential contribution to address contemporary trade and investment challenges and a most valuable tool for academics, practitioners and officials.' -- Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTOTable of ContentsContents: 1. Introduction: Principles as a framework for comparative analysis in international economic law PART I ANALYSIS OF SELECTED PRINCIPLES 2. Procedural fairness 3. Reasonableness 4. Necessity testing 5. Non-discrimination PART II APPLICATIONS OF PRINCIPLES IN SPECIFIC SECTORS 6. Restrictions on cross-border data transfers 7. Prudential regulation 8. Conclusions: Principles as a source of flexibility and cohesiveness in international economic law Bibliography Index

    £99.00

  • International Trade and International Investment

    Edward Elgar Publishing Ltd International Trade and International Investment

    Book SynopsisProviding insights on the products of a unique period for academic research in international economics, this review is an important piece of literature for a vital area of study. Highlighting main issues such as welfare gains and losses, trade patterns and international transaction interventions, the author provides a timely and comprehensive research review on the heavily debated topic of international trade and investment.Table of ContentsContents Part I From Macro to Micro 1. R. Dornbusch, S. Fischer and P.A. Samuelson (1977), ‘Comparative Advantage, Trade, and Payments in a Ricardian Model with a Continuum of Goods’, American Economic Review, 67 (5), December, 823–39 2 2. Paul R. Krugman (1979), ‘Increasing Returns, Monopolistic Competition, and International Trade’, Journal of International Economics, 9 (4), November, 469–79 19 3. Paul Krugman (1980), ‘Scale Economies, Product Differentiation, and the Pattern of Trade’, American Economic Review, 70 (5), December, 950–59 30 4. Elhanan Helpman (1981), ‘International Trade in the Presence of Product Differentiation, Economies of Scale and Monopolistic Competition: a Chamberlin–Heckscher–Ohlin Approach’, Journal of International Economics, 11 (3), August, 305–40 40 5. Wilfred J. Ethier (1982), ‘National and International Returns to Scale in the Modern Theory of International Trade’, American Economic Review, 72 (3), June, 389–405 76 6. James Brander and Paul Krugman (1983), ‘A “Reciprocal Dumping” Model of International Trade’, Journal of International Economics, 15 (3–4), November, 313–21 93 7. Elhanan Helpman (1984), ‘A Simple Theory of International Trade with Multinational Corporations’, Journal of Political Economy, 92 (3), June, 451–71 102 8. James R. Markusen (1984), ‘Multinationals, Multi-Plant Economies, and the Gains from Trade’, Journal of International Economics, 16 (3–4), May, 205–26 123 9. Gene M. Grossman and Elhanan Helpman (1991), ‘Quality Ladders in the Theory of Growth’, Review of Economic Studies, 58 (193), January, 43–61 145 10. Paul Krugman (1991), ‘Increasing Returns and Economic Geography’, Journal of Political Economy, 99 (3), June, 483–99 164 11. Robert C. Feenstra (1994), ‘New Product Varieties and the Measurement of International Prices’, American Economic Review, 84 (1), March, 157–77 181 12. Paul Krugman and Anthony J. Venables (1995), ‘Globalization and the Inequality of Nations’, Quarterly Journal of Economics, CX (4), November, 857–80 202 13. Daniel Trefler (1995), ‘The Case of the Missing Trade and Other Mysteries’, American Economic Review, 85 (5), December, 1029–46 226 14. Werner Antweiler, Brian R. Copeland and M. Scott Taylor (2001), ‘Is Free Trade Good for the Environment?’, American Economic Review, 91 (4), September, 877–908 244 15. Jonathan Eaton and Samuel Kortum (2002), ‘Technology, Geography, and Trade’, Econometrica, 70 (5), September, 1741–79 276 16. Gene M. Grossman and Elhanan Helpman (2002), ‘Integration versus Outsourcing in Industry Equilibrium’, Quarterly Journal of Economics, 117 (1), February, 85–120 315 Part II From Micro to Macro 17. Marc J. Melitz (2003), ‘The Impact of Trade on Intra-industry Reallocations and Aggregate Industry Productivity’, Econometrica, 71 (6), November, 1695–725 352 18. Andrew B. Bernard, Jonathan Eaton, J. Bradford Jensen and Samuel Kortum (2003), ‘Plants and Productivity in International Trade’, American Economic Review, 93 (4), September, 1268–90 383 19. Pol Antràs (2003), ‘Firms, Contracts, and Trade Structure’, Quarterly Journal of Economics, 118 (4), November, 1375–418 406 20. Elhanan Helpman, Marc J. Melitz and Stephen R. Yeaple (2004), ‘Export Versus FDI with Heterogeneous Firms’, American Economic Review, 94 (1), March, 300–316 450 21. Pol Antràs and Elhanan Helpman (2004), ‘Global Sourcing’, Journal of Political Economy, 112 (3), 552–80 467 22. Stephen Ross Yeaple (2005), ‘A Simple Model of Firm Heterogeneity, International Trade, and Wages’, Journal of International Economics, 65 (1), January, 1–20 496 23. Andrew B. Bernard, Stephen J. Redding and Peter K. Schott (2007), ‘Comparative Advantage and Heterogeneous Firms’, Review of Economic Studies, 74 (1), January, 31–66 516 24. Marc J. Melitz and Gianmarco I. P. Ottaviano (2008), ‘Market Size, Trade, and Productivity’, Review of Economic Studies, 75 (3), January, 295–316 552 25. Gene M. Grossman and Esteban Rossi-Hansberg (2008), ‘Trading Tasks: A Simple Theory of Offshoring’, American Economic Review, 98 (5), December, 1978–97 574 26. Elhanan Helpman, Oleg Itskhoki and Stephen Redding (2010), ‘Inequality and Unemployment in a Global Economy’, Econometrica, 78 (4), July, 1239–83 594 27. Costas Arkolakis, Arnaud Costinot and Andrés Rodríguez-Clare (2012), ‘New Trade Models, Same Old Gains?’, American Economic Review, 102 (1), February, 94–130 639 Index

    £287.00

  • The Conclusion and Implementation of EU Free

    Edward Elgar Publishing Ltd The Conclusion and Implementation of EU Free

    Book SynopsisIn recent years, the EU has negotiated a number of so-called 'new generation' Free Trade Agreements (FTAs) with a significant number of emerging and industrialized partners, such as Canada, Singapore, Japan, Vietnam and others. This timely book gives an overview of the main constitutional issues the EU faces in negotiating, concluding and implementing these FTAs. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints in order to remain a major international trade actor. Chapters first examine questions around EU competences and democratic issues raised by these agreements, before dealing with their implementation and enforcement, approaching these topics specifically from an EU law perspective. Drawing on a broader research project conducted by the well-regarded LAwTTIP network, this invaluable book addresses contemporary debates and future challenges for EU institutions and Member States. Scholars and advanced students of international economic relations and international and European economic law, particularly those with an interest in EU external action, will find this book essential reading. It will also prove useful to those working in EU institutions and WTO administration. Contributors include: J. Auvret-Finck, I. Bosse-Platière, F. Casolari, E. Castellarin, F. Castillo De La Torre, M. Chamon, L.-M. Chauvel, A. de Nanteuil, J.F. Delile, M. Gatti, E. Neframi, N. Neuwahl, C. Rapoport, G. Sangiuolo, A. Suse, C. Tovo, W. Weiss, J. WoutersTrade Review'This book could not come at a more appropriate time. New trade agreements between the EU and major trading partners around the world are giving rise to important questions about trade policy and the relationship between EU and international law. Opinions of the EU Court of Justice are proving controversial, and legal difficulties surround attempts by the UK to contemplate its own trade deals. This book's penetrating and well argued discussions of these issues by European experts could not be more topical or more relevant.' --Sir Francis Jacobs, King's College London, UK'This publication, edited by Professor Isabelle Bosse-Platière and Professor Cécile Rapoport, is the first of a series of three volumes being prepared within the LawTTIP Jean Monnet Network of the University of Bologna, King's College, London and the University of Rennes I. It could not come at a more timely moment. In recent years, and notwithstanding the suspension of the negotiations on the bilateral trade and investment agreement between the EU and the US, a particularly complex labyrinth of bilateral Free Trade Agreements has been established with a variety of important partners of the EU in the world. While this unprecedented development, no doubt, is a demonstration of the dynamic character of the EU's external trade policy, it also gives rise to important constitutional and even existential questions. For the first time, a comprehensive legal analysis of this recent practice is now being made available, and every practitioner and scholar in EU external relations will benefit enormously from the immense in-depth research which has been undertaken.' --Marc Maresceau, Ghent University, BelgiumTable of ContentsContents: Foreword Lucia Serena Rossi Preface 1. Negotiating and implementing EU free trade agreements in an uncertain environment 1 Isabelle Bosse-Platière and Cécile Rapoport PART I THE CONCLUSION OF EU FREE TRADE AGREEMENTS 2. The Opinion on the free trade agreement with Singapore and its aftermath: some personal reflections 23 Fernando Castillo de la Torre 3. Mixity in the EU’s post-Lisbon free trade agreements 39 Merijn Chamon 4. Autonomy and EU competences in the context of free trade and investment agreements 58 Eleftheria Neframi and Mauro Gatti 5. Like a bridge over troubled water: the 2/15 Opinion through the lens of EU loyalty 85 Federico Casolari 6. EU law and diplomacy regarding negotiations during Brexit and in the transition period: the case of UK/North America trade 104 Nanette Neuwahl vi The conclusion and implementation of EU free trade agreements 7. The role of national parliaments in the negotiation and conclusion of EU free trade agreements 125 Carlo Tovo 8. The European Parliament and the Transatlantic Trade and Investment Partnership 143 Josiane Auvret-Finck 9. The role of the European Citizens’ Initiative in the negotiation and implementation of FTAs 159 Louis-Marie Chauvel PART II THE IMPLEMENTATION OF EU FREE TRADE AGREEMENTS 10. The provisional application of the EU’s mixed trade and investment agreements 176 Andrei Suse and Jan Wouters 11. The joint committees established by free trade agreements and their impact on EU law 203 Emanuel Castellarin 12. Joint organs in EU free trade agreements as a threat to democracy 222 Wolfgang Weiß 13. The internationalization of the judicial control of EU free trade agreements: when better is the enemy of good 240 Jean Félix Delile 14. Settlement of disputes in new EU free trade agreements: ‘democratizing’ international adjudication? 255 Arnaud de Nanteuil 15. An international court system for a transformative Europe? 271 Giorgia Sangiuolo Index 289

    £111.00

  • International Investment Law: Text, Cases and

    Edward Elgar Publishing Ltd International Investment Law: Text, Cases and

    Book SynopsisThis up-to-date and revised third edition offers a clear and comprehensive overview of the main principles, institutions and procedures related to foreign direct investment and the resolution of disputes. Suitable for both upper-level undergraduate and postgraduate courses on international investment protection, the book is firmly grounded within the wider public international law context. Key Features of the third edition: Incorporates extracts from and analysis of key recent decisions, including David Aven et al v. Costa Rica, Greentech Energy Systems et al v. Italy and Venezuela v. OI European Group Coverage is brought up to date with new discussion of revised investment treaty texts and new court system proposals Balanced and neutral engagement with both normative standards and critiques of the system encourages students to draw their own conclusions Provides concise descriptions of the legal principles followed by extracts from both classic and contemporary cases to enhance understanding of core concepts Contains detailed discussion notes and all new 'Questions to an Expert' to enable further classroom discussion and facilitate critical reflection on complex topics. The concise nature of the book and accessible writing style make this an ideal text for non-specialists and for single semester courses on international investment protection.Trade Review'In this new edition, Dr. Schefer has pulled off the seemingly impossible: an up-to-date, accessible yet scholarly introduction to international investment law that students and practitioners alike will find useful and informative. My students particularly appreciate the way she organizes the sometimes chaotic world of arbitral decisions into coherent, if competing, lines of doctrine and policy. As a researcher, this volume is my starting point when investigating a new aspect of investment law. She asks all the right questions and lays a solid foundation for future work. A tour de force.' --Frank J. Garcia, Boston College Law School, US'This new edition of Krista Nadakavukaren Schefer's International Investment Law provides a wealth of information for the newcomer to the field. It is refreshingly illustrated not only by case excerpts and other materials, but also by short interviews with new voices in international investment law. Overall, it provides a balanced view on one of the most controversial subfields of international economic law.' --August Reinisch, University of Vienna, AustriaTable of ContentsContents: Preface 1. Introduction to the study of international investment law 2. Sources of international investment law 3. Definitions 4. Expropriation 5. Standards of host state behaviour 6. Dispute settlement 7. Investment guarantees: political risk insurance Index

    £166.00

  • 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

    £29.95

  • Judicial Engagement of International Economic

    Edward Elgar Publishing Ltd Judicial Engagement of International Economic

    Book SynopsisIn this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises. By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined. Scholars and students of international law, in particular those interested in international adjudication and international economic law, will find this book to be crucial reading. It will also prove useful for practitioners specializing in international economic dispute settlement.Trade Review'The concern about increasing fragmentation of international law as a consequence of the proliferation of international courts and tribunals has gradually shifted to a more positive expectation about cross-fertilization between different legal areas. What we now need is empirical studies about how the interaction works. Michelle Zang's comprehensive study in the fields of trade and investment through the key concept of ''engagement'' between the relevant courts and tribunals contributes to fill this gap and is highly welcome!' --Geir Ulfstein, University of Oslo, Norway'Zang's book makes an incisive foray into international economic law where numerous bilateral, regional and multilateral judiciaries are active and highlights the various paths that allow for judicial coordination. Even if one cannot deny the existence of incoherence or conflict, the book makes the point that the engagement process of courts and tribunals is healthy and leads more often towards coordination. A welcome positive assessment at a time when the international judicial function is under severe attack.' --Laurence Boisson de Chazournes, University of Geneva, Switzerland'A very important addition to the literature on the fragmentation of the international economic legal order and to that of judicial dialog across jurisdictions.' --J.H.H. Weiler, New York University, USTable of ContentsContents: 1. Introduction 2. Dialogue through jurisprudence: engagement between the WTO dispute settlement and the Court of Justice of the European Union 3. When the multilateral meets the regional and vice versa: engagement between the WTO dispute settlement and regional adjudicators 4. Competitive friendship: engagement between international trade and investment adjudicators 5. Conclusion Bibliography Index

    £78.00

  • The Rule of Law, Economic Development, and

    Edward Elgar Publishing Ltd The Rule of Law, Economic Development, and

    Book SynopsisGrounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The book shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance. The author considers the relationship among the ROL and economic development, the legal and economic differences between shareholder and stakeholder theory, and also offers insights into how to promote effective and sustainable change in law and business. Students and scholars of international business law, corporate governance, economics, and political economy will gain a general understanding of the topic in a way not previously presented.Trade Review'Nadia E. Nedzel's The Rule of Law, Economic Development, and Corporate Governance applies the concepts of the rule of law to the real world and how it affects real lives through its impact on freedom, economic development, and even corporate governance. But she also shows us that asking law to do too much-trying to make people ''do good'' instead of ''not doing bad''-can threaten the rule of law itself. A splendid overview of the history, jurisprudence, and practical import of the rule of law.' --Todd Zywicki, George Mason University, USTable of ContentsContents: Preface: 1. Introduction: Two Different Western Models 2. The Growth of the English Rule of Law 3. The Development of the Continental Rule through Law 4. The United States, Checks and Balances, and a Commercial Republic – An Experiment 5. The Conflict between Rechtsstaat and the Rule of Law in the United States 6. Economic Development in Europe and the United States 7. Economic Freedom, Development, and Entrepreneurship: The Dominance of Common Law 8. Corporate Governance Index

    £95.00

  • 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

    £32.95

  • The Legitimacy of Standardisation as a Regulatory

    Edward Elgar Publishing Ltd The Legitimacy of Standardisation as a Regulatory

    Book SynopsisThis timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gérardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. VolpatoTrade Review'Standardisation law has recently emerged as a dynamic and multifaceted field of research, calling for in-depth case-studies but also more fundamental, theoretical work by academics. This book, masterfully edited by Eliantonio and Cauffman, aspires to do both by enrolling an impressive line-up of scholars interested in standardisation. While the jury is not out yet as to how legitimate standardisation in various areas is as a regulatory technique, this volume will become an important entry point for all those who want to learn more about the theoretical and practical challenges of standardisation at the European level.' --Panagiotis Delimatsis, Tilburg University, the Netherlands'The current book puts emphasis on the politically and legally most sensitive side of standardisation in the EU: the legitimacy of private standard production through private associations. The many contributions investigate whether and to what extent the legal framework established by the EU suffices to grant input, throughput and output legitimacy. It is an illuminating read that demonstrates that there is no unique and simple answer. The book constitutes a major contribution to the on-going debate on the increasing role of private regulation in a globalised economy and society.' --Hans-W. Micklitz, European University InstituteTable of ContentsContents: The legitimacy of standardisation as regulatory technique in the EU – a cross-sector and multi-level analysis: An introduction (Mariolina Eliantonio and Caroline Cauffman) PART I - Horizontal questions 1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU Linda Senden 2. Regulating by Request: On the role and status of the ‘standardisation mandate’ under the New Approach Pierluigi Cuccuru 3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations? Caroline Cauffman and Marie Gérardy 4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship? Annalisa Volpato and Mariolina Eliantonio 5. The impact of the legitimacy of European standards on their application in private law: a case study on professional standards in the medical sector Barend van Leeuwen 6. Deficient Standards by European Standardisation Organisations: Between State Liability and Tort Liability Carola Glinski and Peter Rott 7. Standardisation from a law and economics perspective Michael Faure and Niels J. Philipsen PART II – Standardisation in specific policy fields 1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture Maurizia De Bellis 9. Standards on the rise in procurement procedures: Are legitimacy concerns justified? Sarah Schoenmaekers 10. The legitimacy of standardisation as a regulatory technique in telecommunications Marta Cantero Gamito 11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap? Dario Bevilacqua 12. Standardisation of health products in search of legitimacy: rethinking judicial review? Sabrina Roettger-Wirtz Index

    £111.00

  • The Belt and Road Initiative and Global

    Edward Elgar Publishing Ltd The Belt and Road Initiative and Global

    Book SynopsisThis timely book examines the Belt and Road Initiative (BRI), assessing its effect on the international economic order and global governance more broadly. Through a variety of qualitative case studies the book investigates the implementation of the BRI and evaluates its development outcomes both for China and the countries it interacts with under the initiative, along with its international implications. Chapters discuss as-yet-unexplored cases from the ground in brand new studies based on fieldwork by leading academics, as well as providing alternative readings of the rationale behind the BRI. Questions about connectivity and the financial implications of Chinese investments are addressed, taking a balanced approach that demonstrates the complexity and nuance of these issues, and the far-from-linear impact that the BRI is having on global governance. This incisive book will be critical reading for scholars and policy makers working on China and global governance. It will also provide useful insights for officials and practitioners working in BRI countries and international institutions, think-tanks and NGOs. Contributors include: M.A. Carrai, J.-C. Defraigne, J.-F. Di Meglio, D. Freeman, F. Godement, A. Halegua, N. Kassenova, C.-C. Kuik, C. Ljungwall, S. Nanwani, T. Pairault, U. Wissenbach, J. WouterTrade Review'A fascinating collection of detailed and data-driven studies that brings valuable on-the-ground insight into China's Belt and Road Initiative and its global impacts. Sets the standard for future research on this important topic.' --Elizabeth Economy, Council on Foreign Relations, US'This book offers balanced and thoughtful insights on important aspects of China's Belt and Road Initiative, such as its impact on global institutions and governance and the implications for project host countries from Southeast Asia to Africa. The chapters usefully shed light on the complex interplay of economic, strategic, political, and cultural factors that combine to make the Belt and Road both a transformative initiative and an enigma.' --Danny Russel, Asia Society Policy Institute, US'This is an outstanding analysis of the nature of the Chinese Belt and Road Initiative and its implications for global governance, backed up by penetrating and insightful case studies. Its comprehensive and compelling account of the subject is bound to receive widespread readership from the academic and policy-making community.' --Emil J. Kirchner, University of Essex, UKTable of ContentsContents: 1 The Belt and Road Initiative and global governance: by way of introduction 1 Maria Adele Carrai, Jean-Christophe Defraigne and Jan Wouters PART I GEOECONOMICS AND CONNECTIVITY 2 China’s move toward economic and political resilience through the Belt and Road Initiative 21 Christer Ljungwall 3 The Belt and Road Initiative, the economic integration of the Eurasian continent and the international division of labour 34 Jean-Christophe Defraigne 4 Connectivity and gaps: the bridging links and missed links of China’s BRI in Southeast Asia 76 Cheng-Chwee Kuik 5 The Belt and Road Initiative: an interface with multilateral development banks on international cooperation and global governance 96 Suresh Nanwani PART II RATIONALES OF THE BRI FROM CHINA’S PERSPECTIVE 6 The Belt and Road Initiative and the overcapacity connection 120 Duncan Freeman 7 The “internationalization” of the renminbi: toward an “RMBRI”? 139 Jean-François Di Meglio 8 Examining the importance of the New Silk Roads for Africa and for global governance 155 Thierry Pairault PART III CASES FROM THE GROUND 9 Kazakhstan’s adaptation to the Belt and Road Initiative: tracing changes in domestic governance 182 Nargis Kassenova 10 African agency in the Belt and Road Initiative: Kenya’s rail investment as China’s flagship BRI project in Africa 204 Uwe Wissenbach 11 Where is the Belt and Road Initiative taking international labour rights? An examination of worker abuse by Chinese firms in Saipan 225 Aaron Halegua 12 Conclusion: China’s Belt and Road Initiative – imagination and reality 258 François Godement Index 263

    £109.00

  • Forming Transnational Dispute Settlement Norms:

    Edward Elgar Publishing Ltd Forming Transnational Dispute Settlement Norms:

    Book SynopsisThis thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.Shahla F. Ali analyses survey data, in-depth case studies and UNCITRAL participation records to provide a comprehensive view of the contributions of Asia Pacific states in the development and refinement of UNCITRAL dispute settlement instruments. She argues that this has corresponded with the emergence of a new form of decentralized transnational legal ordering, advancing representation and legal innovation at both regional and global levels. The book concludes that these findings support the expansion of regional centres in areas with historically limited representation in global law making.Students, scholars and practitioners of transnational dispute resolution and comparative law will find this book to be critical reading. Its identification of best practices and law and policy recommendations will also be of interest to those working in global legislative design and policy.Trade Review'Shahla Ali provides a richly detailed case study that illuminates how soft law is actually created and becomes effective. In doing so, she also shows how transnational dispute resolution norms are developed and how they become a form of legal regulation even in the absence of coercive enforcement power. Thus, this book is a must for scholars of global legal pluralism, practitioners of transnational dispute resolution, and all those interested in understanding in granular detail how international law is created and develops power over time.' -- Paul Schiff Berman, The George Washington University, US'Shahla Ali's excellent new book on the role of UNCITRAL's Regional Centre for Asia and the Pacific in soft law-making shows the importance of rigorous, in-depth empirical analysis to test and support theoretical arguments calling for direct citizen participation to confirm the legitimacy of global norms.' -- Steven Wheatley, Lancaster University Law School, UK'International commercial arbitration has long been subject to criticism for unequal access to and participation in shaping the rules and practices of this transnational legal order. Professor Ali's book breaks new ground on this key issue for the legitimacy of commercial arbitration by persuasively documenting a success story in broadening and deepening Asian state participation. The book shows that the success of UNCITRAL's International Trade Law Regional Centre for Asia and the Pacific may provide a model for other regions.' -- Bryant Garth, UCI Law, US and author of Dealing in Virtue'This book leverages original data and novel methods to show convincingly how a regional soft lawmaking institution can overcome deliberative deficits, asymmetries in lawmaking influence, and failures to appropriate national and local creativity in global trade lawmaking. By imaginatively ''mapping the middle,'' Shahla Ali persuasively demonstrates the integral ways that a regional body can consolidate responsive transnational legal orders (TLOs) by harnessing state and non-state innovation and adaptations to diverse economic and legal contexts. In so doing Ali discovers new variants of TLOs and opens up exciting frontiers for research and theory.' -- Terence Halliday, American Bar Foundation, and co-author of Global Lawmakers: International Organizations in the Crafting of World Markets'This study of the growing role of Asia-Pacific countries in the governance of international dispute resolution combines sophisticated treatments of the relevant legal instruments and theoretical literature with rigorous empirical analyses. It is impossible to ignore this evidence of decentralized transnational legal ordering and how it might be fostered by regional institutions.' -- Kevin E. Davis, NYU School of Law, US'It is rare to have 5 years of our work performance scrutinized academically, and peer-reviewed. I cannot escape a sense of relief after reading this remarkable work by Professor Shahla Ali. Her work shows the importance of having more Regional Offices, not only of UNCITRAL, but, I dare to say, also of the HCCH and UNIDROIT. This book demonstrates how they are key enablers of legal reforms and relevant platforms to ensure equal access to legal knowledge. One of the possible conclusions reading this book, is that such work reduces non-tariff (sometimes invisible) trade barriers, and has tremendous side effects like levelling the playing field for practitioners and legal educators from parts of the world often meriting less attention and resources. For example, without such work, we would have never seen DPR Korea or Laos adopting the CISG and its core value: party autonomy. This book is indispensable for any one engaged with legal reforms based on international cooperation.' -- João Ribeiro-Bidaoui, Permanent Bureau of the Hague Conference on Private International Law (HCCH) and UNCITRAL Regional Centre for Asia and the Pacific (2013-2018)Table of ContentsContents: Preface PART I INTRODUCTION: SOFT LAW FORMATION IN A GLOBAL CONTEXT 1. Development of transnational legal norms 2. Transnational soft law norm formation: challenges and developments in extending representation development of transnational legal norms 3. From the central to the regional: contributions of UNCITRAL and RCAP on soft law-making in transnational dispute resolution 4. Indicators of representation in global governance: assessing regional engagement, representation and diversity through UNCITRAL RCAP PART II RCAP CASE STUDIES: DEVELOPMENT AND EXPANSION OF REGIONAL SOFT LAW 5. Singapore Convention on International Settlement Agreements Resulting from Mediation 6. UNCITRAL Working Group III deliberations on investor–state arbitration reform 7. Transparency rules 8. Online dispute resolution 9. UNCITRAL Model Law on International Commercial Arbitration 10. Conciliation Rules PART III EMPIRICAL FINDINGS ON THE CONTRIBUTION OF RCAP IN EXTENDING REGIONAL REPRESENTATION 11. Extending soft law representation through regional centres:empirical analysis 12. Conclusions Selected Bibliography Index

    £100.00

  • Digital Assets and Blockchain Technology: US Law

    Edward Elgar Publishing Ltd Digital Assets and Blockchain Technology: US Law

    Book SynopsisThis textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law Index

    £166.00

  • Digital Assets and Blockchain Technology: US Law

    Edward Elgar Publishing Ltd Digital Assets and Blockchain Technology: US Law

    Book SynopsisThis textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law Index

    £66.45

  • Economic Constitutionalism in a Turbulent World

    Edward Elgar Publishing Ltd Economic Constitutionalism in a Turbulent World

    Book SynopsisThis insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.Trade Review‘Constitutions regulate by what they say, but also by what they do not. Economic constitutionalism is often invisible, and as this volume of essays makes clear, can be utterly consequential. By bringing much needed attention to the phenomenon, the authors collectively have made an important contribution to our understanding of constitutional politics.’ -- Tom Ginsburg, University of Chicago, US‘This book offers a truly comprehensive overview of some of the most fundamental cornerstones of international and European economic constitutionalism. The editors have organized a masterful discussion on the promises and the challenges of the rule-based economic order, offering a powerful lens to make sense of the past and look more clearly into the future.’ -- Michael Ioannidis, Max Planck Institute for Comparative Public Law and International Law, Germany, and European Central Bank‘The failure to conceptualise the social function of “the economic” is an original sin of European legal scholarship which contributed to the takeover of the integration project by a stark neoliberal market utopia. This book is a timely twofold countermove. It defends the constitutional dimension of the economic but then also renews the debate on the legitimacy problématique of economic governance.’ -- Christian Joerges, Centre for European Law and Policy, Bremen and Hertie School of Governance, Berlin, GermanyTable of ContentsContents: Introduction to Economic Constitutionalism in a Turbulent World 1 Achilles Skordas, Lisa Mardikian, and Gábor Halmai PART I RETHINKING CORE TENETS OF ECONOMIC CONSTITUTIONALISM 1 Where’s the ‘e’ in constitution? A European puzzle 11 Neil Walker 2 Imaginary of the imperium of prosperity and economic constitutionalism in the EU 38 Jiř’ Přib‡ň 3 Including a cognitive perspective into a vision of ‘transformative constitutionalism’ 64 Karl-Heinz Ladeur PART II ECONOMIC CONSTITUTIONALISM AND ECONOMIC GOVERNANCE IN THE EU 4 Economic constitutionalism, the challenge of populism and the role of the constituent power 87 Andrew Arato and Gábor Halmai 5 The European Court of Justice and the protection of fundamental rights under the new economic governance of the Eurozone 109 Paul Dermine 6 Varieties of Member State capitalisms and the European economic constitution 136 Márton Varju and Mónika Papp 7 Economic constitutionalism and the constitutionalisation of the internal market 161 Csongor István Nagy 8 Reframing EU citizenship as stakeholder constituency, or… why the Court of Justice got it right on economically inactive EU citizens 183 Lisa Mardikian PART III ECONOMIC CONSTITUTIONALISM AND ECONOMIC FREEDOMS IN THE GLOBALISED ECONOMY 9 Can multilevel economic constitutionalism restrain trade protectionism and power politics? 222 Ernst-Ulrich Petersmann 10 Market freedoms and ‘democratically sound’ re-embedding of markets? 250 Carola Glinski 11 Why cosmopolitan pluralist governance need not subvert democracy 281 Paul Schiff Berman 12 International judicial authority, social systems and geoeconomics 298 Achilles Skordas Index

    £125.00

  • Rules of Origin for Services: From the Early Days

    Edward Elgar Publishing Ltd Rules of Origin for Services: From the Early Days

    Book SynopsisIn an era where services play an increasingly vital role in servicified global value chains, this insightful book provides a comprehensive study of legal aspects of rules of origin for services and their importance in international trade. The author identifies and examines the defects in the current approach to rules of origin for services through an astute analysis of these rules in the General Agreement on Trade in Services and in preferential trade agreements. In addition, by asserting that trade in goods and trade in services cannot be separated, the author provides a comparative analysis of rules of origin in these two fields, offering a better understanding of their boundaries and connections. Paving the way for further development, the author concludes that certain aspects of rules of origin for goods, such as the product-based approach, may be repurposed for services. Addressing an area of rule making insufficiently explored to date, this book will prove important reading for students and scholars of international trade, economics, and governance. The focus on new patterns of international trade will also benefit trade experts, policy makers and businesses.Trade Review'The book not only provides insights into rules of origin for services, but also makes a comparative analysis with rules of origin for goods. Considering the crucial role of services in global value chains and emerging trends in international trade and production, understanding rules of origin for services will become important to understand rules of origin for goods.' --Giorgio Sacerdoti, Emeritus Professor of International and European Law, Bocconi University, Italy and former Member and Chairman of the WTO Appellate Body'This thoroughly-researched and forward-looking publication fills in a major research gap and will provide an extremely useful resource for scholars, negotiators and trade practitioners interested in defining rules of origin for services. Considering the growing and central role of services in global value chains, the origin of service providers will undoubtedly become a major focus of attention in the negotiation of international preferential trade agreements and international trade disputes.' --Darlan Marti, Secretary, WTO Committee on Rules of OriginTable of ContentsContents: Preface 1. Services in global value chains and new patterns in global services trade 2. The concept and aspects of rules of origin for services 3. A critique on the GATS approach to rules of origin for services 4. Rules of origin for goods and services – a comparative analysis 5. The way forward: the prospect of a ‘product-based’ approach Conclusion Bibliography Index

    £96.69

  • Centralising Public Procurement: The Approach of

    Edward Elgar Publishing Ltd Centralising Public Procurement: The Approach of

    Book SynopsisThis timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK. Through comprehensive comparative analysis, this book investigates competition law and SMEs, economic and management perspectives, and centralised public purchasing during the COVID-19 pandemic within the sphere of CPBs and joint procurement. Chapters explore the use of procurement techniques and electronic instruments by CPBs and the liability and remedies perspectives of CPBs and their users.Providing a complete overview of CPBs structure in different Member States and the aspects of joint procurements, Centralising Public Procurement will be of interest to students and scholars of European and commercial law. It also offers important insights for CPBs themselves, practitioners and policy-makers, as well as contracting authorities using CPBs in the different Member States.Trade Review‘An in-depth analysis of a highly topical issue in public procurement law. A valuable book both for its broad comparative coverage and for its theoretical approaches to the main advantages and difficulties of centralised public procurement.’ -- Jean-Bernard Auby, SciencesPo, FranceTable of ContentsContents: Foreword by Roberto Caranta and Steen Treumer 1. Introduction Mario Comba and Carina Risvig Hamer 2. EU perspective on CPBs Mario Comba and Carina Risvig Hamer 3. CPBs in the European legal space: an unresolved misconception Mario Comba 4. A comparative view of the use of procurement techniques and electronic instruments by central purchasing bodies Roxana Vornicu and Marta Andhov 5. Joint Procurement: An Economics and Management Perspectives Fredo Schotanus 6. Public Procurement by Central Purchasing Bodies. Competition and SMEs: toward a more dynamic model? Albert Sanchez Graells 7. CPBs and their users - Shared liability, contract management and remedies Carina Risvig Hamer 8. Public purchasing in EU during the COVID-19 pandemic Judy Yueh Ling Song Part II: National chapters 9. Central Purchasing Bodies (and other forms of joint procurement) - Belgium Steven Van Garsse 10. Central Purchasing Bodies (CPBs) in Denmark Carina Risvig Hamer 11. Central Purchasing Bodies in Finland Kirsi-Maria Halonen 12. Central Purchasing Bodies (CPBs) in France Fanette Akoka and François Lichère 13. Country Report on Germany Martin Burgi and Christoph Krönke 14. Centralised Procurement in the Netherlands: A mixture of procurement autonomy, decentralization & diversified collaborative purchasing W.A. Janssen and M.A.J. Stuijts 15. Central Purchasing Bodies in Italy: Reluctance and Challenges Gabriella M. Racca 16. Central Purchasing Bodies: the Case of Poland Paweł Nowicki 17. Centralisation and Central Purchasing Bodies (CPBs) in Portugal Pedro Cerqueira Gomes 18. Central Purchasing Bodies in Romania Roxana Vornicu and Dacian Dragos, 19. Central Purchasing Bodies in Spain Patricia Valcárcel Fernández 20. Central Purchasing Bodies in Sweden Åsa Edman 21. Central Purchasing Bodies in United Kingdom Luke Butler, Alice Manzini and Martin Trybus Index

    £126.00

  • The Law and Practice of Fine Art, Jewellery and

    Edward Elgar Publishing Ltd The Law and Practice of Fine Art, Jewellery and

    Book SynopsisThis comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.Trade Review'This is a masterly command of the insurance of fine art and jewellery. It is comprehensive, easy to navigate and with excellent case studies which make the whole very readable. It will become compulsory study for a serious underwriter, broker, risk manager or lawyers who advise on insurance although hopefully there will be fewer legal disputes if the book is read in advance.' -- Julian Radcliffe, Chairman, The Art Loss Register, London, UK‘Finally! How exciting to now have a comprehensive resource to put all the esoteric features of the global FAS world into proper historic and technical perspective. What a fantastic resource for those of us in the industry as well as those looking to enter in future.’ -- Jennifer M. Schipf, Global Chief Underwriting Officer, Fine Art & Specie, AXA XLTable of ContentsContents: Preface PART I THE FINE ART, JEWELLERY AND SPECIE INSURANCE MARKET 1. The Fine Art, Jewellery and Specie (FAJS insurance market PART II ART AND PRIVATE JEWELLERY 2. Art and private jewellery 3. Art and private jewellery values 4. Natural perils 5. Terrorism, political and cyber risks 6. Art theft 7. Damage and partial loss 8. Defective title, lenders’ single interest and residual value insurance 9. Professional liability 10. Museums and associated risks 11. Exhibition insurance 12. Art dealers and auctioneers 13. Private risks and high net worth insurance 14. Art storage 15. Art transit 16. Other art risks PART III JEWELLERS BLOCK AND SPECIE 17. Jewellers block 18. Jewellers block: off-premises risks 19. Cash 20. Specie 21. Fidelity and mysterious disappearance PART IV GENERAL REMARKS 22. Know your client, money laundering and ethics 23. Conclusion: the future Glossary Index

    £121.00

  • The Law and Practice of Fine Art, Jewellery and

    Edward Elgar Publishing Ltd The Law and Practice of Fine Art, Jewellery and

    1 in stock

    Book SynopsisThis comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.Trade Review'This is a masterly command of the insurance of fine art and jewellery. It is comprehensive, easy to navigate and with excellent case studies which make the whole very readable. It will become compulsory study for a serious underwriter, broker, risk manager or lawyers who advise on insurance although hopefully there will be fewer legal disputes if the book is read in advance.' -- Julian Radcliffe, Chairman, The Art Loss Register, London, UK‘Finally! How exciting to now have a comprehensive resource to put all the esoteric features of the global FAS world into proper historic and technical perspective. What a fantastic resource for those of us in the industry as well as those looking to enter in future.’ -- Jennifer M. Schipf, Global Chief Underwriting Officer, Fine Art & Specie, AXA XLTable of ContentsContents: Preface PART I THE FINE ART, JEWELLERY AND SPECIE INSURANCE MARKET 1. The Fine Art, Jewellery and Specie (FAJS insurance market PART II ART AND PRIVATE JEWELLERY 2. Art and private jewellery 3. Art and private jewellery values 4. Natural perils 5. Terrorism, political and cyber risks 6. Art theft 7. Damage and partial loss 8. Defective title, lenders’ single interest and residual value insurance 9. Professional liability 10. Museums and associated risks 11. Exhibition insurance 12. Art dealers and auctioneers 13. Private risks and high net worth insurance 14. Art storage 15. Art transit 16. Other art risks PART III JEWELLERS BLOCK AND SPECIE 17. Jewellers block 18. Jewellers block: off-premises risks 19. Cash 20. Specie 21. Fidelity and mysterious disappearance PART IV GENERAL REMARKS 22. Know your client, money laundering and ethics 23. Conclusion: the future Glossary Index

    1 in stock

    £77.85

  • The Law and Economics of WTO Law: A Comparison

    Edward Elgar Publishing Ltd The Law and Economics of WTO Law: A Comparison

    Book SynopsisThis insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law.Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.Trade Review‘This thought-provoking work puts forwards a strong plea for a holistic “law and economics”-inspired comparative evaluation of WTO law and EU competition law. Based on an extensive analysis of case law and literature, the normative conclusions of this work are a must-read for everyone interested in WTO and EU law as well as those who wish to examine how its research results can be extrapolated to other fields, such as investment law, where similar issues are at play.’Table of ContentsContents: PART I PREMISE, METHOD, AND STRUCTURE 1. Complexity in international trade and WTO law’s legitimacy crisis PART II DEFINING THE RELEVANT MARKET AND ‘LIKENESS’ 2. Relevant market definition in EU competition law 3. Relevant market definition in WTO law 4. Relevant market in EU competition law and WTO law PART III PROVING INFRINGEMENTS: THEORIES OF HARM AND EFFECT 5. Theories of harm and the effects-based approach in EU competition law 6. Infringements in WTO law, theories of harm, and effects 7. Theories of harm and effects in EU competition law and WTO law PART IV QUANTIFYING HARM: REMEDIES AND SANCTIONS 8. Quantification of remedies and sanctions in EU competition law 9. Remedies and the quantification of harm in WTO law 10. EU competition law sanctions and remedies and WTO law countermeasures PART V NORMATIVE CONCLUSIONS AND CONCLUDING REMARKS 11. Normative conclusions and suggestions 12. Solving WTO law’s legitimacy crisis Index

    £111.00

  • Contract Changes: The Dark Side of EU Procurement

    Edward Elgar Publishing Ltd Contract Changes: The Dark Side of EU Procurement

    20 in stock

    Book SynopsisContract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.Highlighting the discord between the transparency of the award of a public contract and the transparency of its implementation, the book interprets the execution phase of procurement contracts as the dark side of public procurement. Considering unforeseen circumstances, the change of the identity of the contractor, non-compliance and remedies, this book provides a unique insight into the challenges of interpretation and application of contract modification rules. It concludes that, whilst the flexibility to make contract amendments is required in some circumstances, the grounding principles of public procurement law must be considered and applied in these instances.This original book will be of interest to researchers who are working in public procurement, European and comparative law. It will also be valuable to lawyers, contractors and policymakers involved with public procurement contracts, contracting authorities and advising private companies.Trade Review‘The execution phase of public contracts is subject to public procurement law and principles, but it is non-transparent compared with the pre-award stages of public contracting. With its comparative study of procurement contract execution in several EU countries this book provides a highly valuable insight into this post-award area of public procurement law.’ -- Sune Troels Poulsen, Attorney at Sune Troels Poulsen Law FirmTable of ContentsContents: Foreword xi 1 Introduction: why the ‘Dark Side of procurement’? 1 Dacian C. Dragos and Bogdana Neamtu 2 Fundamentals of contract modifications in EU procurement law 17 Kirsi-Maria Halonen 3 Change of the identity of the contractual partner 35 Nicolas Gabayet 4 Non-compliance with government contract terms: a comparative view on procurement regulation and contractual remedies 48 Désirée Klingler and Pedro Telles 5 Unforeseen circumstances that justify changes to public contracts 68 Mari Ann Simovart 6 Modification of contracts in Denmark 96 Carina Risvig Hamer 7 Public contract modifications in England, Wales, and Northern Ireland 109 Pedro Telles 8 Contract changes in Finland 125 Merja Kortesuo and Pilvi Takala 9 Contract changes in France 140 François Lichère and Valentin Lamy 10 Contract changes in Germany and Austria 154 Christoph Krönke and Valentina Neubauer 11 Contract changes in Italy 178 Benedetta Biancardi, Roberto Caranta and Paolo Patrito 12 Contract modifications in Poland – Much ado about nothing? 194 Piotr Bogdanowicz 13 Contract changes in the Romanian law 206 Daniela Cimpean, Dacian C. Dragos and Bogdana Neamtu 14 Contract changes in the Spanish system on public procurement 220 Patricia Valcárcel Fernández 15 Contract modifications in the Netherlands: understanding the law, jurisprudence and practice 234 Erik Plas and Willem A. Janssen Index 249

    20 in stock

    £105.00

  • EU Trade Law

    Edward Elgar Publishing Ltd EU Trade Law

    Book SynopsisThis comprehensive book provides a thorough analytical overview of the European Union's existing law and policy in the field of international trade. Considering the history and context of the law's evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU's present role in the World Trade Organization (WTO) framework. Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States. Additional thought is given to the role of major EU institutions and their balance within EU trade law and policy, and the tension between efficiency and accountability in decision-making processes in EU trade policy is further considered. Students and scholars working in the field of European and international trade law and policy, and international economic law and policy more generally, will find this a clear and useful resource. Practitioners seeking a clear and up-to-date insight into the area will also appreciate this important work.Trade Review'This is an excellent contribution on an important area of EU law that comes at a particularly opportune time. It provides a clear, comprehensive and well-researched analysis of EU trade policy including the EU's relations with the WTO. It combines theoretical analysis with a clear exposition of the law and will be of great use both to EU and trade lawyers.' --Takis Tridimas, King's College London, UKTable of ContentsContents: 1. Introduction Part I. Substantive Aspects 2. The European Communities’ external action 3. The European Union in the GATT/World Trade Organization 4. The Nice Treaty 5. The Constitutional and Lisbon Treaties Part II. Procedural Aspects 6. Mixed agreements 7. Negotiation of trade agreements 8. Conclusion and ratification of trade agreements 9. Implementation and dispute settlement of trade agreements 10. Enforcement of trade agreements 11. Efficiency v. accountability 12. Conclusion Index

    £38.95

  • Navigating the Free Trade–Fair Trade Fault-Lines

    Edward Elgar Publishing Ltd Navigating the Free Trade–Fair Trade Fault-Lines

    Book SynopsisIs Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity?These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China.Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.Trade Review'A broad sweep with deep insights. Michael Trebilcock at his best. From the ''dark past'' of trade history, to an overview of today's most notable scholarship on trade. From traditional topics like trade preferences for developing countries, to trade and the COVID pandemic and US-China trade relations. A great combination of neutrally describing the hot button issues in international trade, with offering personal opinions at each critical juncture.' -- Joost Pauwelyn, Graduate Institute of International and Development Studies, Geneva, Switzerland

    £75.00

  • The Elgar Companion to the World Trade

    Edward Elgar Publishing Ltd The Elgar Companion to the World Trade

    Book SynopsisThis comprehensive Companion provides an extensive guide to understanding the World Trade Organization (WTO) and its impact on the global economy. Addressing the challenges facing the WTO amidst a rapidly evolving landscape, the book delves into the diverse trade policies of countries and regions, providing rare insights into their impact on the global trade governance frameworks. Featuring insightful contributions from interdisciplinary experts, this essential Companion will aid readers in comprehending the WTO’s functions and its significance in international trade and broader economic policies. Chapters explore the influence of regional trade agreements on countries’ trade agendas, the WTO’s critical role in fostering free and fair trade, and the shifting dynamics of global economic governance. The book further highlights the importance of dispute resolution, regional integration, and coalitions for effective trade policy making. Highlighting the need for increased transparency, flexibility, and adaptability to ensure the WTO’s continued relevance in global economic governance, this Companion will be indispensable for scholars and students of institutional economics, international relations, law and politics, and regulation and governance. It will also be beneficial for trade lawyers, experts, and professionals who work in international trade and commerce, as well as NGOs and civil society organizations.Trade Review‘This Companion is a superb, innovative contribution to our knowledge and practice of international trade. It dives into four key challenges: digitalization, trade facilitation, pacification, and regional and national perspectives. Here, at last, is real thinking outside the box! It is essential reading for everyone interested in the future of international trade and the role of the WTO.’ -- Francis Snyder, Peking University, China‘At a time when geopolitical tensions are reshaping global trade, this volume reminds us of why the WTO still matters and why revamping it will prove difficult. The editors of this Companion have assembled an impressive collection of renowned scholars and policymakers to offer detailed explanations and thought-provoking ideas. Anyone interested in contemplating how the WTO might deal with digitization, climate change, and other emergent challenges will benefit from turning to this Companion as a key reference.’ -- Mark Wu, Harvard University, US‘The Elgar Companion to the World Trade Organization, edited by Julien Chaisse and Cristián Rodríguez-Chiffelle, brilliantly dissects the multifaceted and evolving role of the WTO in a rapidly changing economic and geopolitical landscape. Its contributions to digitalisation, sustainability, and new trade politics offer incisive insights and fresh perspectives. This book is a must-read for the next generation of WTO scholars shaping the future of trade policy.’ -- Arancha González, Dean, Paris School of International Affairs, Sciences Po, France, and former Minister of Foreign Affairs of Spain‘This innovative Companion offers convincing analyses on the law, economics, and politics of WTO law and on the challenges posed to the international trade regime originating in major trends such as digitilization, facilitation, pacification and regional perspectives.’ -- Armin Steinbach, HEC Paris, France‘The Elgar Companion to the World Trade Organization by Julien Chaisse and Cristián Rodríguez-Chiffelle is a work of encyclopaedic breadth which will offer both scholars and practitioners valuable assistance in obtaining an overview of the rapidly-transforming multilateral trade regime at critical times. A must to read.’ -- Alberto Alemanno, HEC Paris, FranceTable of ContentsContents: Foreword: new thinking for renewed global trade cooperation xxxiii Anabel González Foreword: building a new engine for the multilateral trading system xxxvi Marion Jansen 1 WTO’s legacy, roadblocks, and future in global economic regulation: an introduction 1 Julien Chaisse and Cristián Rodríguez-Chiffelle PART I DIGITALIZATION 2 Seizing artificial intelligence’s trade promise: the role of international agreements 22 David Weller and Nicholas Bramble 3 Cybersecurity and trade governance 35 Shin-yi Peng 4 The liberalization of digital trade by the WTO: opportunities and challenges for SMEs 51 by David Collins 5 Electronic payments and the WTO 69 Usman Ahmed and Martín Molinuevo 6 Trade digitalization and taxation 90 Irma Johanna Mosquera Valderrama 7 Digital transformation of public procurement: WTO’s historical and ongoing role 108 Jędrzej Górski 8 Trade and competition policy 151 Aditi Sara Verghese 9 WTO and intellectual property law in the creative economy 169 Rostam J. Neuwirth 10 Digitalization of special economic zones in China 186 Jie (Jeanne) Huang 11 Trade digitalisation in the APEC region 207 Peter Lovelock and Eduardo Pedrosa 12 Balancing commitments to cross-border data flows with domestic regulation 223 Joshua P. Meltzer 13 International trade rule-making for the digital economy 243 Simon B. C. Lacey 14 The legal infrastructure for the digital transformation: the UNCITRAL framework 257 Anna Joubin-Bret and Alexander Kunzelmann PART II FACILITATION AND ESG 15 Public-private partnerships for trade facilitation 271 Philippe Isler 16 The WTO approach to trade facilitation in goods and services 287 Tomohiko Kobayashi 17 Investment facilitation at the WTO: What’s old? What’s new? What’s missing? 301 Rodrigo Polanco and Cristián Rodríguez-Chiffelle 18 Forging the trade-development nexus in the WTO and FTAs 325 Pasha L. Hsieh 19 Trade and development for a more inclusive and sustainable future 341 Jennifer Blanke and Asmita Parshotam 20 Services domestic regulation in the WTO 361 Jaime Coghi and Markus Jelitto 21 Revitalizing TRIPs as global norm-setter for geographical indications 377 Danny Friedmann 22 The new politics of trade: trade in value added and the made in the world initiative 397 Hubert Escaith 23 Gender social norms: new trade barriers addressed by policy 416 Anoush der Boghossian 24 Trade and environment 435 Nathalie Bernasconi-Osterwalder, Soledad Leal Campos and Sofia Baliño 25 Trade and climate change 457 Kimberley Botwright and Jeremy Stewart 26 Energy in WTO law and policy 477 Damilola S. Olawuyi and Elena I. Athwal 27 From social clause to policy space: the trade union narrative on the WTO 493 Pierre Habbard PART III PACIFICATION 28 Evaluating the interaction between and compatibility of the global anti-base erosion proposal with international trade rules 506 Jeffrey Owens and Joy W. Ndubai 29 Trade enforcement tools and international taxation: a digital services tax case study 535 Stephen E. Shay 30 Addressing environmentally harmful subsidies using trade rules: a historical perspective 551 Ronald Steenblik 31 How do political relations affect international trade? 574 Gregory Whitten 32 The new dimension of human rights in U.S. trade policy 599 Joel Slawotsky 33 The WTO new national security challenge 619 Georgios Dimitropoulos 34 Nearshoring and regional value chains: are they the new normal? 638 Miguel Braun, Pablo M. García and Daiana Fernández Molero 35 A free trade area of the Asia-Pacific for the Asian century 660 Mark Feldman 36 New rules for a challenged trading system: the role of safeguards 676 Robert Z. Lawrence 37 The future of dispute resolution and arbitration at WTO 691 Petros C. Mavroidis 38 Trade sanctions as a tool of war and peace: examining the EU’s sanctions regime in the light of Russia’s invasion of Ukraine 707 Martin Steinfeld 39 Trade for peace: the past, present, and future 730 Alan Wm. Wolff PART IV COUNTRY AND REGIONAL PERSPECTIVES 40 The EU and the WTO 748 Christian Freudlsperger and Sophie Meunier 41 The United States and the WTO: muddling through a trade war 760 Elli Louka 42 China and the WTO: what happens after a honeymoon 772 Sungjin Kang 43 India at the WTO: torn between multilateralism and domestic Interests? 782 Debashis Chakraborty 44 Brazil in the WTO 795 Roberto Azevêdo and Tatiana Prazeres 45 Russia and the WTO: a time to throw stones or to gather stones? 805 Ilia Rachkov and Elizaveta Rachkova 46 Africa and WTO: maximizing the benefits of trade multilaterally and regionally 824 Mariam Soumaré and Kwabena Bandoh 47 WTO, quo vadis? A Latin American perspective 847 Shunko Rojas and Cristián Rodríguez-Chiffelle 48 Southeast Asia and the World Trade Organization 856 Intan Murnira Ramli, Edo Setyadi and Michelle Chandra Kasih 49 WTO law and policy in the Pacific Island nations: the case of Fiji 867 Muhammad Faliq Abdul Razak and Sufian Jusoh 50 Least developed countries and the World Trade Organization: supporting graduation and reducing marginalisation in global trade 877 Daniel Gay and Jodie Keane Index 887

    £325.00

  • Alternative Development Finance and Parallel

    Edward Elgar Publishing Ltd Alternative Development Finance and Parallel

    Book SynopsisThis insightful book examines the impact of two competing visions of Asian-Pacific economic growth paths and development governance. It discusses law, development and finance in the context of the Indo-Pacific Strategy versus the Belt and Road Initiative (BRI), whilst also comparing parallel development financing systems.Jin Sheng reflects on and connects a series of issues of global significance, such as the economic Cold War, global debt, industrialisation and development in the developing world, and the changing international economic order. In so doing the author posits that the BRI’s ultimate objective is to export China’s development model, which is characterised by a focus on exports, experimentalism, and oversupply of currency. The book also critically examines China’s ambition to dominate the international economic order and set up its own favoured international rules.Alternative Development Finance and Parallel Development Strategies in the Asia-Pacific will be an important read for researchers and policy makers in the fields of law, development and finance in the Asia-Pacific region.Table of ContentsContents: 1. Infrastructure matters 2. Law, development, and finance 3. The One Belt One Road (obor) initiative: A global “great leap forward” or a “great leap outward”? 4. Asia’s two financial hubs and sovereign funds 5. Establishment and governance of Asian Infrastructure Investment Bank: Alternative development finance? 6. Established Bretton Woods IFIs vs emerging AIIB affiliates 7. Racing for development hegemony 8. Conclusion: The new Cold War has started Index

    £90.00

  • An Introduction to the Law of Economic and

    Edward Elgar Publishing Ltd An Introduction to the Law of Economic and

    Book SynopsisThis incisive book is an accessible guide to the laws and policies relating to economic and monetary union (EMU). Providing a rich, multidisciplinary analysis, it combines historical, legal and economic perspectives to offer a detailed understanding of how EMU has developed since its inception and how it works in practice today.Alberto Saravalle begins with an overview of the history of EMU, alongside a theoretical analysis of its regulatory framework and development. He then discusses the events of the European sovereign debt crisis, examining the measures taken by EU institutions such as the European Central Bank, as well as the responses of the Member States and the impact of economic policies they adopted as a result. Finally, he analyses recent proposed reforms to EMU and its possible future evolution, including a discussion of the effects of the Covid-19 pandemic on Member States' willingness to participate in further reform and integration.This book will be a valuable reference for those teaching and studying advanced courses on EU law, as well as courses that cover the economic history of EU integration. It will also be useful to practitioners, government officials and policy-makers wishing to familiarise themselves with the complex functioning of EMU.Trade Review'I learned a lot reading this very comprehensive book. I highly recommend it to anyone wanting to (better) understand the complex legal order on which EMU is based.' -- André Sapir, Université Libre de Bruxelles, BelgiumTable of ContentsContents: Introduction 1. Economic and monetary union 2. The Stability and Growth Pact and the other rules of fiscal surveillance 3. The Fiscal Compact 4. Financial assistance and crisis resolution mechanisms 5. The ECB’s non-standard measures 6. The sovereign debt crisis 7. The Italian predicament 8. Austerity policies before national and EU courts 9. Eurexit 10. Reform projects 11. The impact of the Covid-19 outbreak Index

    £90.00

  • An Introduction to the United

    Edward Elgar Publishing Ltd An Introduction to the United

    Book SynopsisThe United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to govern most economic relationships in North America, including the more than $1.3 trillion in annual regional trade in goods and services, for the foreseeable future. USMCA preserves the bulk of the NAFTA structures that permit North American manufacturers to compete effectively with their European and Asian counterparts in North American and foreign markets. Once in effect, USMCA should largely resolve the chilling effect on investment and new hiring generated by three years of uncertainty over NAFTA's future. This book provides a detailed analysis and critique of the provisions of the USMCA and the USMCA's relation to NAFTA. It is designed to assist lawyers and non-lawyers alike, including law, economics and public policy scholars, business professionals and governmental officials who require an understanding of one of the worlds' most economically and politically significant regional trade agreements.Trade Review'This timely commentary on the USMCA is comprehensive and detailed - and yet straightforward to read. Thanks to his decades of experience, Gantz is able to explain not only how the USMCA differs from NAFTA, but also how these changes reflect the policy objectives of its parties. Gantz has written an invaluable guide for trade law specialists and non-specialists alike.' --Lorand Bartels, Cambridge University, UK'The world's leading expert on free trade agreements, Professor David Gantz, has produced yet another world-class book on this subject. Through careful scholarly research, he offers the international trade community a thorough, critical analysis of NAFTA 2.0, that is, the USMCA. What is the same? What is different? What explains the continuities and changes? Are they positive or negative? In his characteristically clear, jargon-free style, Professor Gantz addresses these questions, and more, across 11 chapters covering market access, special sectors (energy, agriculture, textiles and apparel, IP, and services), labor and the environment, and dispute settlement. Integrating his five decades of unique practical experience, his new work is a special - and indispensable - gem.' --Raj Bhala, University of Kansas Law School, US and Dentons US LLPTable of ContentsContents: Preface 1. Overview of “NAFTA 2.0” 2. Tariffs, Customs and Rules of Origin 3. Settlement of Disputes 4. Labor Rights and Environmental Protection 5. Energy Production and Policies 6. Textiles, Apparel and Agriculture 7. Intellectual property, Services and Digital Trade 8. Updating NAFTA Drawing on the TPP 9. Carryover Provisions from NAFTA 10. Other Significant USMCA Innovations 11. USMCA’s Future in Context Bibliography Index

    £27.95

  • International Exchange of Information in Tax

    Edward Elgar Publishing Ltd International Exchange of Information in Tax

    Book SynopsisIn this thoroughly revised third edition of what has become the standard work on information exchange in tax matters, Xavier Oberson provides an authoritative overview of the instruments and models used to exchange information on an international level. Addressing the latest developments in the movement towards increased global transparency in tax matters, this updated edition also includes new rules of information exchanges and reporting on digital platforms, crypto assets and crypto currencies.Key Features: Analysis of the OECD Common Reporting Standard of automatic exchange of information Discussion on a range of international instruments and models including: double taxation treaties, TIEAs, the OECD multinational convention, European Directives, FATCA and the Swiss Rubik model Examination of the new rules for information reporting to digital platforms and new reporting obligations for crypto-assets and e-money of the OECD Base Erosion and Profit Shifting (BEPS) Programme Lawyers, tax specialists and professionals in banking and finance looking to further their knowledge and gain insights into new developments in digital platforms and crypto currencies will find this book to be an invaluable reference. Students and academics in law, tax and economics will appreciate the clear overview and find this an essential resource.Trade Review‘Oberson’s book clearly describes all the legal instruments governing exchange of information. It offers a historical perspective on administrative cooperation and delves into both technological developments and public policy issues. A must-have for any international tax lawyer wishing to understand the tax challenges of a globalized economy and legal system.’ -- Daniel Gutmann, Sorbonne Law School, CMS Francis Lefebvre, France‘Oberson’s book has become the indispensable volume on exchange of information for practitioners, tax policy makers, and academics. The book cogently describes the recent evolution of exchange of information and the dramatic changes that ensued from the enactment of FATCA and the adoption of the Common Reporting Standard for automatic exchange of information. The new edition addresses important cutting edge topics like crypto assets. It also raises the increasingly crucial question of how to balance tax collection with taxpayer rights. This book is an outstanding contribution to knowledge and a crucial guide for future action.’ -- Reuven Aviyonah, University of Michigan Law School, US‘With his Third Edition of International Exchange of Information in Tax Matters; Towards Global Transparency, Xavier Oberson continues his master class on this intricate and important subject, with comprehensive coverage, exhaustive research, and cogent commentary that will be required reading for years to come.’ -- David Rosenbloom, Caplin & Drysdale, Washington DC, US‘Professor Oberson’s new edition of his book on international exchange of information in tax matters provides an insightful and detailed analysis of one of the key recent developments in international taxation. As such, it definitively is a “must read” for tax students and international tax practitioners alike.’ -- Shelby du Pasquier, Lenz & Staehelin, SwitzerlandTable of ContentsContents: 1. Introduction to International Exchange of Information in Tax Matters 2. Historical development of international exchange of information rules 3. Exchange of information under Double Taxation Conventions 4. A practical example: administrative assistance and exchange of information between the United States and Switzerland 5. Assistance in the collection of taxes under DTC 6. Tax Information Exchange Agreements (TIEAs) 7. The OECD Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) 8. The EU Directives 9. The so-called Swiss ‘Rubik’ agreements 10. The Foreign Account Tax Compliance Act (FATCA) 11. Towards automatic exchange of information 12. Automatic exchange of information (AEOI): the OECD Common Reporting Standard 13. Solving the past 14. The impact of the OECD Base Erosion Profit Shifting (BEPS) Programme 15. Exchange of information on digital platforms 16. Exchange of information on crypto-assets and crypto-currencies 17. Legal protection of the taxpayer 18. Conclusion to International Exchange of Information in Tax Matters General bibliography Index

    £175.00

  • Art Law and the Business of Art

    Edward Elgar Publishing Ltd Art Law and the Business of Art

    Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

    £159.97

  • Art Law and the Business of Art

    Edward Elgar Publishing Ltd Art Law and the Business of Art

    Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

    £75.00

  • Trade Regulation and Policy in the EU Internal

    Edward Elgar Publishing Ltd Trade Regulation and Policy in the EU Internal

    Book SynopsisExploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting.The book analyses the directive’s contribution to the fundamental freedoms and to the completion of the internal market, with particular focus on the remit of EU and national regulatory autonomy and general interests protection in the context of positive harmonisation. Through the lens of the directive, the study evaluates the status of EU integration and appraises the resilience of the internal market regulatory paradigm, including the interaction between primary and secondary law and the effectiveness of administrative law reinforcement, for the governance of the modern economy, as well as exploring more broadly the import and international influence of EU trade regulation. The book considers a variety of policy themes, including the relationship between national autonomy and supranational competence; the interaction of economic advancement and related general interests, such as environmental and consumer protection; market harmonisation techniques and enforcement challenges, along with potential mechanisms for regulatory enhancement.Discussing a central legal and economic framework for the regulation of trade in services, from regulatory, constitutional and policy perspectives, this book will be of significant interest to students, academics, practitioners and officials on European Union policy and law, as well as to anyone interested more generally in business regulation in evolving technological contexts, international trade law and comparative market integration themes.Trade Review‘Understanding EU internal market law today requires a lot more than just examining the market freedoms through its rationale of negative integration, as they are contained in the EU Treaties. Rather, supplementing this is positive integration, which plays an increasingly important role in complementing the freedoms. Together, negative and positive integration now play an interrelated role in ensuring cross-border access to the provision of services, and the receipt of services. In this book, Maletic’s thorough analysis of the Services Directive clearly demonstrates this, and provides further insight into what the future holds as the EU’s internal market continues to evolve.’ -- Graham Butler, Aarhus University, DenmarkTable of ContentsContents: 1. Introduction to internal market trade regulation and policy through the Services Directive 2. The Services Directive background and the negative integration context 3. The Services Directive from a regulatory perspective – thesubstantive framework established 4. The Services Directive from a constitutional perspective – the relationship with the treaty provisions on the fundamental freedoms 5. The Services Directive from a policy perspective – expectations and challenges of positive harmonisation 6. Assessment of the regime established by the Services Directive and suggestions for reform 7. The import of the Services Directive for the internal market, for better regulation and for the EU’s broader regulatory impact References Index

    £88.00

  • Safeguard Measures in World Trade

    Edward Elgar Publishing Safeguard Measures in World Trade

    Book SynopsisExamining the rules laid down by the World Trade Organization (WTO), Yong-Shik Lee covers key challenges in the interpretation and application of safeguard measures in this updated fourth edition. With new discussions on what determines safeguard measures, this book presents unique proposals for extensive regulatory reform.

    £172.90

  • The Impact of the Damages Directive on the

    Edward Elgar Publishing Ltd The Impact of the Damages Directive on the

    Book SynopsisThis cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive’s main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims.Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.Trade Review‘This high-quality book is appreciated for its clear and justified methodology, its in-depth analyses, and its concrete proposals for improvement. The author accompanies the reader with numerous examples and offers a rich appendix to complement his comments. A book to be recommended without hesitation!’ -- Agne`s Reinhold, Concurrences‘The construction of an effective enforcement regime that compensates the victims of EU competition law infringements continues to present a multifaceted challenge for policy-makers and legislatures. Indeed, despite the adoption of the EU Directive on antitrust damages, how that specific challenge can be overcome in Europe is as of yet unresolved. Through critical evaluation of the applicable EU law, Philipp Kirst’s well-researched and carefully-argued book helpfully scrutinises key aspects of the challenge at issue. It presents numerous perceptive, insightful analyses that, along with the recommendations advanced, deserve to be very closely examined by stakeholders. It is a welcome, important and convincing addition to the literature.’ -- Peter Whelan, University of Leeds, UKTable of ContentsContents: Preface 1. Introduction to the EU enforcement system and the goals of the Damages Directive PART I THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE: A NEW LEVEL PLAYING FIELD IN EUROPE? 2. The implementation of the Damages Directive: harmonised rules on competition damages litigation in Europe? PART II CONTRIBUTION AMONG JOINT INFRINGERS OF COMPETITION LAW IN LIGHT OF THE DAMAGES DIRECTIVE 3. Lessons from the US: the no-contribution rule and its inapplicability in Europe 4. Getting contribution right: the allocation of liability among joint infringers of EU competition law based on relative responsibility 5. The quantification of the role in the cartel for the relative responsibility of joint infringers of EU competition law PART III THE IMPACT OF THE DAMAGES DIRECTIVE ON THE EU LENIENCY PROGRAMME 6. A missed opportunity to reconcile compensation of victims and leniency incentives PART IV THE NEED TO RECONCILE FINES AND DAMAGES FOLLOWING THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE 7. A new approach to the calculation of competition fines to reconcile fines and damages 8. Concluding remarks Index

    £120.00

  • Intellectual Property, Free Trade Agreements and

    Edward Elgar Publishing Ltd Intellectual Property, Free Trade Agreements and

    Book SynopsisExamining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK’s “new” trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK’s current free trade agreements.This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.Trade Review‘The relationship between trade agreements and the implementation of intellectual property laws domestically and regionally is complex. With the UK leaving the EU the legal maze of international obligations, and influences of EU law in the UK and UK law to the EU, is a new field. This cutting-edge book illuminates this topic in an accessible way for experts, students and policymakers.’ -- Susy Frankel, Victoria University of Wellington, New Zealand‘This book examines a subject which is of increasing significance for the IP laws of all countries, which is the impact of FTAs on those laws. This is of particular significance for the UK where European IP rules will be replaced by those in FTAs. Phillip Johnson is the first scholar to consider this subject and his book makes a very important contribution to our understanding to the general subject of IP chapters in FTAs, as well as to the specific subject of the enduring influence in the UK of the EUs IP laws.’ -- Michael Blakeney, University of Western AustraliaTable of ContentsContents: PART I ACQUIS FROM ALL SIDES 1. Introduction: taking back control? 2. Interpretation of trade agreements: reading up and down 3. Principles of non-discrimination: broadening the effect of free trade agreements PART II THE BREADTH OF PROTECTION 4. Copyright and related rights 5. Trade marks, unfair competition and geographical indications 6. Designs and semi-conductor typographies 7. Patents, plant varieties and trade secrets 8. Enforcement and immunities 9. Exhaustion, border control and technology transfer 10. Conclusion: being locked in PART III LOCKED-IN LAWS Bibliography Index

    £104.00

  • Export Restrictions and Export Controls: From WTO

    Edward Elgar Publishing Ltd Export Restrictions and Export Controls: From WTO

    Book SynopsisRepresenting a continuation of the debate on export restrictions and export controls, this adroitly-crafted book expertly navigates the complexities of international trade law. Under the aegis of global security, it features a number of diverse yet interconnected topics on export restrictions and export controls and highlights the multi-faceted trade, economic, and security challenges faced by developed and developing countries.Providing a wealth of legal analysis, Umair Ghori explores a variety of central themes including the role of export restrictions and controls and their differences, the impact they have on WTO Members’ international trade and economic security interests, the inadequacies of the rules on export restrictions and how this affects the interests of trading nations, and meaningful reforms in trade and development. Ghori draws on historical and theoretical dimensions and examines the latest developments within the field. Through the judicious use of empirical evidence, Export Restrictions and Export Controls illustrates the pressing need for reform of current WTO disciplines in order to support the aspirations and security interests of the developing world.Both innovative and accessible, this book will appeal to academics, researchers and students of international trade and security studies, international economic law, trade law, and global and transnational law. Bringing a diverse perspective to scholarly discourse, it will also be of benefit to those interested in the wider field of international relations.Trade Review‘The book provides a holistic and updated analysis of export controls under WTO law. It sheds light on legal issues related to recent geopolitical tensions including the COVID-19 pandemic, the Ukraine war, and the US–China rivalry. Scholars and practitioners in international economic law and policy will find this book highly valuable.’ -- Pasha L. Hsieh, Singapore Management UniversityTable of ContentsContents: Foreword 1. Export restrictions and export controls – the elephants in the room 2. Three lessons on the construction of export restrictions under WTO law 3. Export restrictions, development, and local challenges 4. An unhealthy situation: Export restrictions and shifting health security 5. No easy solutions: Export restrictions, food security, and agriculture 6. Tussling Titans: The US–China trade wars and the role of export controls 7. Conclusion – The difficult path ahead Appendix 1: Restricting exporters of critical raw materials and metals for advanced technologies, clean energy and environmentally friendly applications Appendix 2: Overview of measures affecting trade in goods during COVID-19 by Top-15 notifying countries

    £120.00

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