Public international law: economic and trade Books

Book SynopsisThis comprehensive book adopts a nuanced yet straightforward approach to analysing the complex phenomenon of international tax competition. Using the ongoing international efforts of the Organisation for Economic Co-operation and Development (OECD) and the European Union (EU) as a basis for its analysis, it explores the mixed effects of tax competition and offers an effective approach that takes account of the asymmetrical global context.Providing a history of the OECD’s work on tax competition to date, Chidozie George Chukwudumogu argues against conventional efforts to merely restrict international tax competition, putting forward a wide regulatory approach that is more appropriate and considerate of the inequality of the states involved. The author further explains and simplifies complex terms and principles of international tax policy, demystifies common assumptions about tax competition, and identifies commonalities beyond the often polarizing debates on the topic.The Regulation of Tax Competition will be a crucial resource for academics, researchers and students with an interest in international tax law and policy. Policymakers in both international organisations such as the OECD and EU and in national governments will also benefit from awareness of the arguments explored in this book.Trade Review‘This book provides a fresh and innovative look at an "old" yet ever topical question, that of tax competition. Chidozie Chukwudumogu guides the reader with mastery through the different elements and various distinctions of tax competition, and decomposes the approach adopted so far at international and EU level. Employing the concept of fiscal sovereignty, Chukwudumogu convincingly argues for a novel normative regulatory approach to tax competition that would allow for global redistribution.’ -- Katerina Pantazatou, University of Luxembourg, Luxembourg‘We are in an unprecedented era of rapid international tax reform. The previous consensus in international tax design among primarily high-income nations has been critically appraised by scholars and policy makers and found wanting. The OECD and its member countries are forming a new consensus. In this moment, Dr. Chukwudumogu’s book is essential reading. He proposes a new way of framing and promoting effective international tax relations, one that understands tax competition as a regulatory challenge.’ -- Kim Brooks, Dalhousie University, Canada‘Chukwudumogu challenges the dominant tax competition frame. Contending it fails to address the need for global redistribution in an asymmetric world, he advocates a “regulatory” approach that navigates states’ fiscal sovereignty rights and states’ duties to respect other states through cooperation. This work comes at a critical moment in international tax history— as policy frames are being rewritten and new voices and perspectives are taking center stage—and it offers readers a powerful and reasoned path for reconceptualizing the tax struggle among states.’ -- Diane Ring, Boston College Law School, US‘This is an outstanding and timely book. It’s core is the proposal to regulate rather than curb tax competition, which is precisely what the new OECD proposals are about. It should be read by anyone interested in the new international tax regime that is emerging from the current OECD framework.’ -- Reuven Avi-Yonah, University of Michigan, USTable of ContentsContents: Foreword: The Regulation of Tax Competition: Rethinking “Harmful” Tax Competition in a Global Context Preface 1. Introduction 2. The prohibitory approach to tax competition by the OECD, as supported by the EU 3. The effects of tax competition 4. The sovereignty analysis in tax competition 5. The regulation of tax competition: the regulatory approach 6. Final thoughts Bibliography Index

Read more less

Book SynopsisThis timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.Featuring contributions from more than 20 leading EU scholars and emerging voices, the book develops four themes through which it advances a research agenda for the study of the EU as a good global actor. The book begins by unpacking the complexities of the EU as a global trade actor, before discussing ‘good’ trade governance and a deeper trade agenda, the issue of data governance in digital trade and in other regulatory frameworks, and finally the institutional dimension of EU actorness.Understanding the EU as a Good Global Actor will be a crucial read for scholars and students in EU law and politics, particularly those with an interest in EU governance, trade and external relations. It will also prove useful for policy makers both within and outside the EU.Table of ContentsContents: Introduction: understanding the EU as a good global actor: whose metrics? 1 Elaine Fahey and Isabella Mancini PART I THE COMPLEXITIES OF THE EU AS A GLOBAL ACTOR IN TRADE 1 Europe’s power surplus: legal empathy and the trade/ regulation nexus 19 Ignacio Garcia Bercero and Kalypso Nicolaïdis, 2 Leverage in trade agreements and linkages – challenges to the trade and rights linkages 37 Maria Garcia 3 Market Power Europe? Exporting EU disciplines on domestic services regulations through trade agreements 53 Billy Melo Araujo 4 Environmental allies and trade competitors: a comparative analysis of US and EU governance models for the trade-and-climate nexus 74 Jean-Baptiste Velut PART II ON ‘GOOD’ TRADE GOVERNANCE: THE EMERGING AMBITIONS AND VALUES OF A DEEPER TRADE AGENDA 5 The role of values in EU external relations: a legal assessment of the EU as a ‘good’ global actor 92 Ramses A. Wessel and Yuliya Kaspiarovich 6 The EU acting through free trade agreements: the case of sustainability and public procurement 107 Martin Trybus 7 The role of the EU in making ‘sustainable’ labour linkages in contemporary trade: is being ‘assertive’ also ‘good’? 124 Tonia Novitz 8 The Carbon Border Adjustment Mechanism and the challenge of being a ‘good’ climate and trade actor 141 Eva Pander Maat 9 Empowering women in trade: how gender responsive are the EU’s trade agreements? 158 Clair Gammage PART III ON ‘GOOD’ DATA GOVERNANCE: THE EMERGING AMBITIONS AND VALUES IN DATA FLOWS 10 The emperor’s new clothes – data privacy and cybersecurity from a European perspective 176 Jörg Polakiewicz 11 The EU’s trade policy on cross-border data flows in the global landscape: navigating the thin line between liberalizing digital trade, ‘digital sovereignty’ and multilateralism 192 Svetlana Yakovleva 12 Comparing the EU’s and China’s approaches in data governance 209 Xuechen Chen and Xinchuchu Gao PART IV THE EU INSTITUTIONAL DIMENSION OF ‘GOOD’ TRADE GOVERNANCE 13 Democratization of good global governance: the EU’s role in the parliamentarization of trade policy 227 Wolfgang Weiss 14 The EU as a good global actor in international economic relations: the role of parliaments 245 Ewa Żelazna 15 The approach of the CJEU to international law: towards a context-specific approach 261 Eva Kassoti and Graham Butler 16 Sustainable development chapters in EU FTAs and dispute settlement: lessons learned from Ukraine – Wood Products and Korea – Labour Rights 277 Gesa Kübek Index

Read more less

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

Read more less

Book SynopsisFrom the pen of highly esteemed trade scholar Alan Sykes, this book presents a rigorous introduction to the law and economics of modern international trade agreements.With a bottom-up approach that requires neither a background in international trade law nor significant economics training, Sykes sets out to map and explain the complex dynamics of international trade agreements and institutions, synthesising legal analysis and cutting-edge economic research in order to present the reader with a sophisticated, holistic view of the field.Against the backdrop of the current impasse in both negotiation and dispute settlement at the World Trade Organisation, the book charts a clear path from the historical origins of trade law and the international system, to the current state of play, including unpacking the major areas of controversy. It exposits the economic theory of trade agreements, discusses the role of international trade law in domestic legal systems and analyzes the role of self-enforcement and formal dispute resolution mechanisms. It provides lucid and detailed analysis of the restrictions, exceptions, obligations and special measures that constitute the core building blocks of international trade rules, including the distinct features of international trade in services. With an international outlook, the book also addresses the role of China in the world trading system, looking at such issues as the credibility of market access commitments, China's industrial policies, “forced technology transfer” and currency manipulation.Providing an eloquent, thorough and technically astute overview of international trade agreements, this title will be invaluable to scholars and teachers of international trade across the disciplines of law, economics and political science.Trade Review‘Sykes again demonstrates why he is one of the most influential scholars in international trade law. This book is a tour de force, hitting all the important features in the field with clarity and depth. It is an indispensable guide on how perspectives from economics, law, political science, and history have informed the landscape. Anyone interested in trade will want to engage with this essential work.’ -- Kathleen Claussen, Georgetown University Law Center, US‘This book is an invaluable resource for anyone looking for a concise but comprehensive understanding of the modern international trade system, from the system’s origins to today’s challenges and controversies. In clear prose, it provides a sophisticated and accessible explanation of economics and politics of international trade law as well as the major forces driving “globalization.” It is the ideal resource for students or professionals seeking a succinct but cutting-edge engagement with the global trading order.’ -- Rachel Brewster, Duke University, US‘This book provides a highly accessible tour of the law and economics of international trade agreements, guided by the preeminent scholar who straddles two fields. With characteristic clarity and the bare minimum of technical details, Sykes covers an impressive range of topics and leaves the reader with a complete picture of the rules and institutions of the international trading system, their origins, motivations, and shortcomings.’ -- Gene M. Grossman, Princeton University, US‘As both a leading international law scholar and a first-rate economist, Alan Sykes is uniquely positioned to translate legal and economic jargon into terms that readers with little or no background in either subject can understand. In this monumental book, Sykes does just that to provide a lucid and accessible treatment of the law and economics of international trade agreements and a definitive assessment of the past, present and future role of these agreements in shaping the forces of globalization.’ -- Robert W. Staiger, Dartmouth College, USTable of ContentsContents: 1. Introduction to The Law and Economics of International Trade Agreements 2. Economic background: The rationale for trade, the case for liberal trade and its critique, and the economics of trade agreements 3. An introduction to the history and institutions of international trade 4. The interface between national and international trade law 5. Enforcement and dispute resolution 6. Tariffs and quantitative restrictions 7. The most-favored nation (MFN) obligation and exceptions (with a note on state trading enterprises) 8. The national treatment obligation 9. The general and security exceptions 10. Technical barriers to trade and the trade/regulation interface 11. Safeguard measures 12. Antidumping measures 13. Subsidies and countervailing measures, with a note on agriculture 14. Trade in services and GATS 15. China in the world trading system Index

Read more less

Book SynopsisThis incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives.Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.Trade Review‘Alessandro Monti’s Promoting Renewable Energy takes us to the center of the battle to address climate change – the policy push to establish a renewable energy economy. With deep insight and careful analysis of how international trade law intersects with the global climate change regime, Professor Monti lays out a principle of “mutual supportiveness” that might reduce trade disputes related to clean energy and pave the way for success in achieving net-zero greenhouse gas emissions by 2050. Essential reading for trade and climate change policymakers, lawyers, scholars, and all those who care about a sustainable future.’ -- Dan Esty, Yale University, US‘The transition to net zero requires action from all sorts of international institutions, including international trade law. Alessandro Monti’s timely account of trade law’s role in promoting renewable energy offers a rich analysis of the extent to which climate and trade rules can be considered mutually supportive, and offers clear suggestions for reform.’ -- Harro van Asselt, University of Eastern Finland Law School, FinlandTable of ContentsContents: 1. Introduction to Promoting Renewable Energy: The Mutual Supportiveness of Climate and Trade Law 2. Regime interaction and the emerging principle of mutual supportiveness 3. International climate and trade law: mapping the regimes 4. The promotion of renewable energy in climate and trade law 5. International trade disputes on discriminatory renewable energy subsidies 6. International trade disputes on unilateral trade remedies 7. Enhancing mutual supportiveness in international trade agreements: opportunities and challenges 8. Conclusions References. Index

Read more less

Book SynopsisIn this incisive book, Petros C. Mavroidis examines the complex practice of interpreting the various sources of World Trade Organization (WTO) law. Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice. Delving into the workings of the Vienna Convention of the Law of Treaties (VCLT) and its use within the WTO courts, the author provides a critical assessment of the interpretation of the WTO contract and illuminates the role of WTO adjudicators and the Secretariat in clarifying obligations. Mavroidis then explores the uncertainty and distortion that emerge as a result of the discretion from adjudicators invited by the VCLT, explaining why this matters and offering steps towards resolving these issues. Providing an expansive analysis of the interpretation of WTO treaties, this book will be an invaluable resource for scholars and students in the field of WTO law, as well as international trade and economic law more broadly. Its discussion of the possible future of dispute settlement, particularly its proposal for a re-evaluation of the judicial selection process, will also prove insightful to practitioners in this area.Trade Review‘A tour de force covering in detail with perceptive analysis all of the issues concerning sources of law in WTO dispute settlement. A must-read for those involved in the WTO dispute settlement system – whether WTO members, practitioners or those that follow or write about the system.’ -- William J. Davey, University of Illinois College of Law, USTable of ContentsContents: Introduction to The Sources of WTO Law and their Interpretation 1. What are sources of law and why do they matter? 2. The statutory definition of WTO sources of law 3. The WTO primary law 4. The WTO secondary law 5. Sources and general principles of (WTO) law 6. The interpretative elements of WTO sources of law 7. Practice … and its discontents 8. Noisy judgments, legal uncertainty, and beyond: cut the coat according to the cloth Annex 1: key provisions of the DSU Annex 2: Section 3 of VCLT, Interpretation of Treaties References Index

Read more less

Book SynopsisThis incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis.By inquiring into the current set-up of WTO adjudication system, the book explores to what extent its original intent has been followed in practice. Its empirical analysis of decades of data regarding the number, duration, and subject matter of dispute adjudications, as well as the frequency of implemented or non-implemented settlements, illuminates the effectiveness of the system and highlights the issues that have led to the WTO’s present predicament. Petros C. Mavroidis employs these findings to build a case for the urgent reform of the WTO dispute settlement system by virtue of its accomplishments. He then concludes with a proposal for a reinvigorated “Dispute Settlement Understanding 2.0”. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system. Its accessible evaluation of the rationale and practice of key provisions of the adjudication regime will also be of benefit to practicing attorneys.Trade Review‘Thanks to The WTO Dispute Settlement System we now have a comprehensive account—a time capsule, if you will—of what that institution, with all of its warts, has accomplished. And we have a guidebook that scholars and policymakers can use to revive and improve it once the current storm passes.’ -- Journal of International Economic Law‘Mavroidis' book provides a comprehensive account of the WTO records from various aspects.These empirical results and analyses present a full and realistic picture of how dispute resolution mechanisms in the WTO have been performing so far, which enables the reader to better discern real expectations of the WTO dispute resolution and properly assess the (in)effectiveness of each mechanism. This book is recommended to people working and studying international trade law. Academics, practitioners, and students who are interested in international investment arbitration, international/alternative dispute resolution, and empirical legal studies are also recommended to read this book as the research methodology used in this book is inspiring for research in many other areas.’ -- Yueming Yan, Asian Journal of WTO & International Health Law and Policy‘This book, by a leading WTO legal scholar and the favourite co-author of many American and European trade economists, will be indispensable reading for researchers and practitioners of international trade.' -- André Sapir, Université Libre de Bruxelles, Belgium‘Professor Mavroidis adds yet another masterly contribution to his series of WTO Law analyses. As previous books, it lays out the legal texts and case law in great detail, and perceptively discusses the economic rationale of the law. This book is incomparably richer than any other text on WTO dispute settlement.’ -- Henrik Horn, Research Institute of Industrial Economics, Sweden‘In this masterful book, Petros Mavroidis blends an elegant combination of prose, data and law to explore just how the WTO dispute system worked, how it failed, and why it needs to be fixed.’ -- Chad Bown, Peterson Institute for International Economics, USTable of ContentsContents: Introduction 1. Endless ordeal and no denouement 2. Adjudicating disputes at the WTO: a primer on the DSU 3. The actors, and their disputes 4. Consultations and the panel process 5. The process before the Appellate Body 6. The subject matter of disputes 7. The end of disputes 8. Suspension of concessions (retaliation) 9. The WTO judges 10. Dispute avoidance: specific trade concerns in the TBT and SPS agreements 11. The story that the numbers tell 12. The WTO DSU, a fixer-upper Bibliography Index

Read more less

Book SynopsisAs one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to further the progressive unification of the law of international trade. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.Split into four key thematic sections, the book starts by providing an institutional background to UNCITRAL, before moving on to discuss the topic of dispute resolution, including contributions on international arbitration, mediation, and online dispute resolution. Further chapters then explore key topics in international contract law, especially relating to the United Nations Convention on Contracts for the International Sale of Goods. The final section of the Companion consists of chapters on a variety of matters considered at UNCITRAL, namely, micro, small and medium-sized businesses; insolvency; secured transactions; negotiable instruments; public procurement; electronic commerce and transport law. A diverse selection of contributors from a variety of legal backgrounds come together to present the past, present and future prospects of UNCITRAL instruments.Trade Review‘I commend the editors for this timely and thought-provoking companion, which serves as a useful reference point for all stakeholders in the harmonization project.’ -- From the foreword by Anna Joubin-Bret, Secretary, UNCITRAL, Director, International Trade Law Division, United NationsTable of ContentsContents: UNCITRAL legal texts xviii Foreword xxiv Introduction to The Elgar Companion to UNCITRAL 1 Rishi Gulati (with Ben Köhler and Thomas John) PART I INSTITUTIONAL BACKGROUND, SOME CONCEPTUAL MATTERS, AND REGIONAL PERSPECTIVES 1 UNCITRAL: the organization 11 José Angelo Estrella Faria 2 UNCITRAL conventions and private international law: from antagonism to symbiosis 36 Franco Ferrari 3 Harmonising the local and global: non-unitary States and UNCITRAL’s work of legal convergence 53 Justin Gleeson SC and Danielle Forrester 4 Progressive harmonisation of international trade law in Africa: the role of UNCITRAL 81 ’Gbenga Bamodu 5 Judicial support of international commercial arbitration under the Model Law: a précis of available options for judges 99 Anselmo Reyes 6 Latin America’s perspective on the reform of the Investor-State Dispute Settlement Mechanism 116 Christian Carbajal Valenzuela PART II INTERNATIONAL DISPUTE RESOLUTION 7 UNCITRAL’s work in investor-state dispute settlement: promoting the rule of law internationally? 140 Rishi Gulati and Patricia Schoeffmann 8 The Mauritius Convention and UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration 161 Jeremy Shelley 9 The Hague Rules on Business and Human Rights: reconciling business and human rights with arbitration? 177 Dalia Palombo 10 Sovereign immunity and international arbitration: whither the rule of law? 193 Conway Blake 11 The history, evolution, and future of the UNCITRAL mediation framework 216 Judith Knieper and Jonathan Haddad 12 The Singapore Convention 242 Nadja Alexander and Clarissa Chern 13 Making the impossible possible: UNCITRAL’s impact on the harmonisation and modernisation of India’s legal framework for dispute resolution 267 Nidhi Gupta 14 Online dispute resolution 277 Ronald A. Brand PART III INTERNATIONAL CONTRACT LAW 15 The 1980 Vienna Sales Convention (CISG) as standard setter for or obstacle to international commercial law unification 296 Ulrich G. Schroeter 16 The United Nations Convention on Contracts for the International Sale of Goods as reference to interpret or supplement Guatemalan law 328 Pedro Mendoza Montano 17 The CISG in the age of sustainable supply chains 339 Ben Köhler 18 Thinking, small and large: can the CISG help SMEs and if so, how? 356 Lisa Spagnolo PART IV SELECTED TOPICS 19 UNCITRAL and MSMEs: an enduring and successful marriage 377 Petra Butler 20 ESG as a business model for small and medium-sized enterprises 392 Mark Fenwick, Tronel Joubert, Sanita van Wyk and Erik P.M. Vermeulen 21 Insolvency standards, model laws, and cooperation in cross-border insolvency: the role and impact of UNCITRAL’s instruments 410 Irit Mevorach 22 Cross-border insolvency under the UNCITRAL Model Laws and the European Insolvency Regulation 428 Jodie Adams Kirshner and Yannick Chatard 23 Security interests in intellectual property under the UNCITRAL Model Law on Secured Transactions 442 Spyridon V. Bazinas 24 Negotiable instruments law: two layers of harmful discrepancy 462 Sagi Peari 25 The UNCITRAL Model Law on Public Procurement: potential next steps 480 Christopher Yukins and Caroline Nicholas 26 The role of the UNCITRAL Model Law in reforming procurement mechanisms: a case study of India 497 Mukesh Rawat and K. Damodaran Raju 27 UNCITRAL texts on electronic commerce 512 Luca G. Castellani 28 Blockchain-based bills of lading and the UNCITRAL Model Law on Electronic Transferable Records: questions of compatibility 525 Poomintr Sooksripaisarnkit 29 UNCITRAL and international carriage of goods by sea 541 Vivienne Bath Index 562

Read more less

Book SynopsisThis Advanced Introduction provides the first concise and integrated exploration of the five core sub-fields of international economic law (IEL) (trade, investment, money, finance, and tax). Gregory Shaffer and Michael Waibel assess the contested principles, concepts, and contemporary challenges of IEL.

Read more less

Book SynopsisThis Advanced Introduction provides the first concise and integrated exploration of the five core sub-fields of international economic law (IEL) (trade, investment, money, finance, and tax). Gregory Shaffer and Michael Waibel assess the contested principles, concepts, and contemporary challenges of IEL.

Read more less

Book SynopsisThis important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.Articulated in two sections, the first analyses the opportunities and the challenges that blockchain and distributed ledger technologies raise in the field of public and constitutional law, while the second highlights challenges derived from the intersection between blockchain and other legal fields such as contract law, financial law and antitrust law. A wide variety of expert contributions offer further examinations of the constitutional challenges of blockchain technologies that provide regulatory options for governments and lawmakers.Blockchain and Public Law will be a critical point of reference for scholars and students of legal theory, public policy and governmental law. It will also be beneficial to legal practitioners and lawmakers to further develop their knowledge of the field of blockchain at national and international levels.Trade Review‘The broader variety of perspectives in the book make an important contribution to current scholarly debates. Hopefully this research will also be noticed by policymakers presented with opportunities (or pressures) to adopt blockchain technologies.’ -- Albert Sanchez-Graells, How to Crack a Nut: A blog on EU economic law‘This book is a comprehensive yet extensive study on how blockchain changes our relationship with existing public institutions.‘ -- Thibault Schrepel, Utrecht University, the Netherlands‘This book cuts through the blockchain hype by compiling the research of prominent scholars that critically engage with the technology and its legal implications. It is a rich collection of lucid evaluations of blockchain and the law and an invaluable resource for anyone interested in this particular technology but also the intersection between law and technological innovation more generally.‘ -- Michèle Finck, Max Planck Institute for Innovation and Competition, GermanyTable of ContentsContents: 1 Introduction to Blockchain and Public Law 1 Oreste Pollicino and Giovanni De Gregorio PART I BLOCKCHAIN AND PUBLIC LAW 2 Blockchain utopia and its governance shortfalls 13 Uta Kohl 3 Blockchain and sovereignty 40 Riccardo de Caria 4 Blockchain and citizenship: uneasy bedfellows 59 Oskar J. Gstrein and Dimitry V. Kochenov 5 Blockchain and democracy: Challenges and opportunities of blockchain and smart contracts for democracy in the distributed, algorithmic state 76 Jurgen Goossens 6 Blockchain and authoritarianism: The evolution of decentralized autonomous organizations 89 Tom W. Bell 7 Blockchain and public administration 104 Yoan Hermstrüwer 8 Blockchain and freedom of expression 122 Giovanni De Gregorio 9 Blockchain, privacy, and data protection 140 Paul De Hert and Ashwinee Kumar 10 Blockchain for healthcare applications and use cases 156 Immaculate Motsi-Omoijiade and Alexander Kharlamov PART II BLOCKCHAIN AND PUBLIC LAW AT THE INTERSECTION 11 Blockchain and contract law: Smart contracts 191 Pietro Sirena and Francesco P. Patti 12 Blockchain and financial law: FinTech and crypto-assets 208 Filippo Annunziata 13 Blockchain and antitrust law: A roadmap 224 Maria Teresa Maggiolino and Laura Zoboli Index

Read more less

Book SynopsisExploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt - a critical component of states’ infrastructure - leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states. A must read for those who wish to understand how the world economic order operates and impacts the well-being of individuals and entire populations, this book is indispensable for professionals and students in the fields of law, political sciences and international relations and those who seek to understand why economic peace is, in many cases, beyond our reach.Trade Review’It all comes together in Louka's extraordinarily lucid, accessible and realistic account of the structure and workings of the global political-economic system. Her book is rich in descriptions of key institutions and in contemporary and historic examples. Louka's deconstruction of the global law-making process and the regulatory initiatives of the key international institutions as well as her recommendations for securing minimum order in the system are refreshingly feasible and reasonable.’- Michael Reisman, Yale Law School, US’In this book, Elli Louka reassesses a collection of key issues that shape the international law and politics of the financial and monetary system, such as the making of economic policy, economic strategies of states, global economic conflicts, truces and peace, and global bodies, societies and guilds. The analysis is thoughtful and provocative which makes The Global Economic Order a most valuable and important contribution to financial and monetary system governance literature.’- Julien Chaisse, City University of Hong Kong, Hong Kong SAR’In this amazingly comprehensive book Elli Louka masterfully describes the politics and policies, the law and institutions, and the formal and informal processes and participants that have defined the global financial and monetary system, past and present. This is a sober and necessary explanation and evaluation of why and how minimum order has been maintained and why maximum order is so elusive.’ -- Jacob Katz Cogan, University of Cincinnati, College of Law, USTable of ContentsContents: Part I. Making Economic Policy 1. The One and Only Sovereign 2. The Trilemma Part II. Economic Strategies of States 3. The United States as the Global Sovereign 4. The Core and the Periphery Part III. Searching for World Order: Conflicts, Truces and Peace 5. Coordination and Conflict 6. The Gold Standard 7. From World War I to World War II 8. The Bretton Woods System 9. The Bretton Woods Collapse: the 1970s 10. The 1980s 11. The 1990s 12. The 2008 Financial Crisis 13. The International Monetary Fund and World Order Part IV. Global Bodies, Societies and Guilds 14. The Global Law-Making Process 15. Financial Infrastructure 16. Global Financial Regulation 17. Foundations of a Minimum Economic Order 18. Case Study-The Greek Debt Crisis (2009-2018) Index

Read more less

Book SynopsisPeter van Bergeijk brings together 40 leading experts from all continents to analyze state-of-the-art data covering the sharp increase in (smart) sanctions in the last decade. Original chapters provide detailed analyses on the determinants of sanction success and failure, complemented with innovative research on the impact of sanctions.This timely Research Handbook provides both a thorough discussion of methodology as well as evidence-based policy advice on the efficient application of boycotts, embargoes, and targeted sanctions, including trade, travel and financial sanctions. The use of case studies from Cuba, Iran, North Korea and Russia illustrate developments and demonstrate new methods, including stochastic frontier analysis, comparative quantitative analysis and meta-analysis.Providing crucial information, this Research Handbook will be an excellent resource for academic researchers in international political economy and international relations as well as policy makers within national and global institutions. It will also provide obligatory reading for students also studying within these fields.Trade Review‘The Handbook is an exemplary interdisciplinary work in an area that remains at the heart of economic relations among states where the mechanical tool of statecraft constitutes a form of politics among nations. The authors and editor dissects the major policy approaches and empirical data available on economic sanctions to show how new knowledge and sanctions can be better appreciated. The Handbook on Economic Sanctions thus provides a vivid insight into an area in international policy that will support further research from a variety of fields.’ -- P. Sean Morris, Global Trade & Customs Journal‘Sanctions have become an ubiquitous and increasingly powerful tool of statecraft. With contributions from elite international sanctions experts, this Research Handbook examines data and analytical methods for gauging the haphazard impact of sanctions on trade, investment, and finance; reducing humanitarian costs and collateral damage to third countries; and assessing whether and how foreign economic coercion can promote policy change in the targeted regime. This compendium is an invaluable resource for ongoing sanctions research and a go-to guide for officials constructing and applying new sanctions policies.’ -- Jeffrey J. Schott, Peterson Institute for International Economics, US‘This Research Handbook is a thorough and well-organized volume on economic sanctions. It is a timely publication in view of significant changes in US policy and the increasing use of smart sanctions. Bringing together leading authors on sanctions from international economics, international relations and international law, the book provides an in-depth and well-balanced analysis of the strengths and weaknesses of economic sanctions and the role they may usefully play in the future.’ -- Peter Van den Bossche, World Trade Institute, SwitzerlandTable of ContentsContents: 1 Introduction to the Research Handbook on Economic Sanctions 1 Peter A.G. van Bergeijk PART I THE VALUE OF LARGE-N DATA SOURCES 2 Economic sanctions in the twenty-first century 26 Gary Clyde Hufbauer and Euijin Jung 3 The Threat and Imposition of Economic Sanctions data project: a retrospective 44 T. Clifton Morgan, Navin A. Bapat, and Yoshiharu Kobayashi 4 The Global Sanctions Data Base (GSDB): an update that includes the years of the Trump presidency 62 Aleksandra Kirilakha, Gabriel J. Felbermayr, Constantinos Syropoulos, Erdal Yalcin, and Yoto V. Yotov 5 UN targeted sanctions: historical development and current challenges 107 Thomas J. Biersteker and Zuzana Hudáková 6 Publication bias of economic sanctions research: a meta-analysis of the impact of trade linkage, duration and prior relations on sanctions success 125 Binyam A. Demena, Alemayehu S. Reta, Gabriela Benalcazar Jativa, Patrick B. Kimararungu, and Peter A.G. van Bergeijk PART II SANCTION MECHANISMS 7 The public choice approach to international sanctions: retrospect and prospect 152 Dennis Halcoussis, William H. Kaempfer, and Anton D. Lowenberg 8 Making sanctions work: promoting compliance, punishing violations, and discouraging sanctions busting 167 Bryan R. Early 9 Economic sanctions and political stability and violence in target countries 187 Dursun Peksen 10 The internal opposition effect of international sanctions: insights from a qualitative comparative analysis 202 Julia Grauvogel 11 Secondary sanctions mechanism revisited: the case of US sanctions against North Korea 223 Baran Han 12 Researching firms and sanctions: theoretical and methodological considerations 238 Michal Onderco and Reinout A. van der Veer PART III APPEARANCES OF SANCTIONS 13 Imposing sanctions versus posing in sanctioners’ clothes: the EU sanctions against Russia and the Russian counter-sanctions 249 Matěj Bělín and Jan Hanousek 14 Trade preference suspensions as economic sanctions 264 Clara Portela 15 Economic sanctions and the WTO 280 Maarten Smeets 16 Negative and positive sanctions 297 Raul Caruso 17 Economic sanctions within the Graph Model for Conflict Resolution 309 Bader A. Sabtan, D. Marc Kilgour, and Rami Kinsara PART IV INTENDED AND UNINTENDED IMPACTS 18 The impact of sanctions on the banking system: new evidence from Iran 330 Sajjad Faraji Dizaji 19 Tourism and sanctions 351 C. Michael Hall and Siamak Seyfi 20 FDI and sanctions 369 Irina Mirkina 21 In and out of the penalty box: U.S. sanctions and their effects on international trade 388 Tristan Kohl 22 Timing the Impact of sanctions on trade 411 Mian Dai, Gabriel Felbermayr, Aleksandra Kirilakha Constantinos Syropoulos, Erdal Yalcin, and Yoto V. Yotov 23 Sanctioned to starve? The impact of economic sanctions on food security in targeted states 438 Sylvanus Kwaku Afesorgbor Index 467

Read more less

Book SynopsisExploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt - a critical component of states’ infrastructure - leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states. A must read for those who wish to understand how the world economic order operates and impacts the well-being of individuals and entire populations, this book is indispensable for professionals and students in the fields of law, political sciences and international relations and those who seek to understand why economic peace is, in many cases, beyond our reach.Trade Review’It all comes together in Louka's extraordinarily lucid, accessible and realistic account of the structure and workings of the global political-economic system. Her book is rich in descriptions of key institutions and in contemporary and historic examples. Louka's deconstruction of the global law-making process and the regulatory initiatives of the key international institutions as well as her recommendations for securing minimum order in the system are refreshingly feasible and reasonable.’- Michael Reisman, Yale Law School, US’In this book, Elli Louka reassesses a collection of key issues that shape the international law and politics of the financial and monetary system, such as the making of economic policy, economic strategies of states, global economic conflicts, truces and peace, and global bodies, societies and guilds. The analysis is thoughtful and provocative which makes The Global Economic Order a most valuable and important contribution to financial and monetary system governance literature.’- Julien Chaisse, City University of Hong Kong, Hong Kong SAR’In this amazingly comprehensive book Elli Louka masterfully describes the politics and policies, the law and institutions, and the formal and informal processes and participants that have defined the global financial and monetary system, past and present. This is a sober and necessary explanation and evaluation of why and how minimum order has been maintained and why maximum order is so elusive.’ -- Jacob Katz Cogan, University of Cincinnati, College of Law, USTable of ContentsContents: Part I. Making Economic Policy 1. The One and Only Sovereign 2. The Trilemma Part II. Economic Strategies of States 3. The United States as the Global Sovereign 4. The Core and the Periphery Part III. Searching for World Order: Conflicts, Truces and Peace 5. Coordination and Conflict 6. The Gold Standard 7. From World War I to World War II 8. The Bretton Woods System 9. The Bretton Woods Collapse: the 1970s 10. The 1980s 11. The 1990s 12. The 2008 Financial Crisis 13. The International Monetary Fund and World Order Part IV. Global Bodies, Societies and Guilds 14. The Global Law-Making Process 15. Financial Infrastructure 16. Global Financial Regulation 17. Foundations of a Minimum Economic Order 18. Case Study-The Greek Debt Crisis (2009-2018) Index

Read more less

Book SynopsisThis insightful Handbook provides a comprehensive overview of the most recent developments in the academic debate on the numerous and complex linkages between international trade and climate change. Adopting a broad interdisciplinary approach, it brings together perspectives from scholars in economics, political science and legal studies to confront the critical environmental challenges posed by globalization. Initial chapters provide an overview of the key debates related to international trade and climate policy, engaging with empirical data from the US and China to assess the impact of new trade initiatives and policy on greenhouse gas emissions, carbon leakage and the increase of trade in carbon-intensive products. Contributors propose policy options that align international trade with climate change mitigation and address crucial legal and practical implications, including the implementation of Border Carbon Adjustments and international trade disputes. Offering critical and empirically-based perspectives on the future of international trade policy, this timely Handbook is crucial reading for scholars, researchers and graduate students in political science, public policy and climate research. Policymakers will also benefit from its unique and insightful policy recommendations.Trade Review‘In the run up to 2030, all trade policy analysts must become fluent in trade and climate issues. This timely and authoritative book is an excellent place to start digging into climate-linked trade issues ranging from carbon leakage and border tax adjustments to production and consumption-based carbon accounting. Written by leading scholars, the chapters are rigorous and comprehensive while remaining accessible.’ -- Richard Baldwin, Graduate Institute, GenevaTable of ContentsContents: Foreword xiii Aik Hoe Lim Preface xiv 1 Introduction to the Handbook on Trade Policy and Climate Change 1 Michael Jakob PART I LINKAGES BETWEEN INTERNATIONAL TRADE AND CLIMATE CHANGE 2 Trade and climate change: working through the conflicts and synergies 12 Aaron Cosbey 3 Globalization and greenhouse gas emissions: is the United States a pollution haven? 22 Claire Brunel and Arik Levinson 4 Energy crossroads under China’s Belt and Road Initiative 43 Fernando Ascensão 5 Empirical evidence and projections of carbon leakage: some, but not too much, probably 58 Justin Caron PART II POLICY OPTIONS TO ALIGN INTERNATIONAL TRADE WITH CLIMATE CHANGE MITIGATION 6 Free allocation of emission permits to reduce carbon leakage: an evolutionary approach 76 Angelo Antoci, Simone Borghesi, Gianluca Iannucci and Mauro Sodini 7 Output-based allocation and output-based rebates: a survey 93 Philippe Quirion 8 International cooperation for decarbonizing energy intensive industries: the case for a Green Materials Club 107 Max Åhman, Marlene Arens and Valentin Vogl 9 The potential of trade sanctions to overcome the small coalition paradox: a review of the literature 124 Juan Sesmero and Alecia Evans 10 The political economy of emissions trading 144 Sanjay Patnaik PART III LEGAL AND PRACTICAL CONSIDERATIONS 11 How to design border carbon adjustments 162 Susanne Droege and Maria Panezi 12 Using the trade regime to phase out fossil fuel subsidies 179 Harro van Asselt, Tom Moerenhout and Cleo Verkuijl 13 Towards an Environmental Goods Agreement Style (EGAST) agenda to improve the regime complex for climate change 202 Jaime de Melo and Jean-Marc Solleder 14 International trade disputes on renewable energy 222 Alessandro Monti PART IV DISTRIBUTIONAL AND EQUITY ISSUES 15 Production- and consumption-based accounting: an overview of the debate 242 Stavros Afionis and Marco Sakai 16 Technology-adjusted carbon accounting 259 Nicolai Baumert, Magnus Jiborn, Astrid Kander and Viktoras Kulionis 17 Distributional effects of environmental trade measures 275 Lutz Sager 18 Climate impacts and global supply chains: an overview 293 Leonie Wenz and Sven N. Willner 19 Epilogue 320 Michael Jakob Index

Read more less

Book SynopsisThis timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. It does so from three main standpoints: the ‘autonomy’ of the EU and judicial dialogue, the rule of law through treaty drafting, and the role of international courts and tribunals in upholding the rule of law.Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations, such as the relationship between EU law and international investment arbitration. The contributions consider how dialogue between EU law and international law can enhance the rule of law, providing an analysis of legal issues that also offers concrete tools for overcoming the challenges that arise from them.Scholars and practitioners working in EU external relations, constitutional EU law, and public international law will find this book to be essential reading. Its critical approach will also be of great interest to policymakers in Europe and beyond.Trade Review‘The performance of the European Union as a promoter and enforcer of the Rule of Law in international politics is so poor it makes me cry. The only chapter of international law in which the EU shows muscle is international economic law. New developments in this area are what the core of the present book is about and it treats them in a singularly dense and complete way, with an emphasis on the legal structures and procedures featuring in the Union’s Common Commercial Policy. What it offers on Achmea, for instance, counts among the best reads about this Pandora’s Box I have come across.’ -- Bruno Simma, Judge, Iran-United States Claims Tribunal, and former Judge, International Court of Justice, The HagueTable of ContentsContents: Foreword x PART I RULE OF LAW: BETWEEN AUTONOMY AND JUDICIAL DIALOGUE 1 The EU: Unifying or fragmenting force in international law? 2 Philippa Webb 2 Three years after Achmea: What is said, what is unsaid, and what could follow 14 Andrea Biondi and Giorgia Sangiuolo 3 Opinion 1/17 of the Court of Justice on the legality, under EU law, of the investor-to-state dispute settlement mechanism included in the CETA agreement. A case of legal pragmatism or the dawn of a new era? 37 Sonja Boelaert 4 Investment tribunals vis-à-vis national courts: Lessons on judicial dialogue from the EU 69 Urszula Jaremba and Giancarlo Piscitelli 5 The relationship between the Court of Justice of the European Union and international courts after Opinion 1/17 89 Ewa Żelazna 6 Settling disputes on TSD Chapters of EU FTAs: Recent trends and future challenges in the light of CJEU Opinion 2/15 107 Susanna Villani PART II PROMOTING DIALOGUE IN THE EU EXTERNAL ECONOMIC RELATIONS. DIALOGUE BY TREATY DRAFTING 7 The price for a seat at the ISDS reform table: CJEU’s clearance of the EU’s investment protection policy in Opinion 1/17 and its impact on the EU constitutional order 127 Steffen Hindelang 8 Draft EU-Swiss institutional agreement: Towards a new institutional paradigm? 154 Adam Łazowski 9 The role of treaty drafting in ensuring the binding nature and enforcement of international rulings handed down against States or international institutions: A comparison of EU and US case-law 180 Quentin Declève 10 The phasing-out of intra-EU BITs and the risk for the rule of law 194 Raymundo Tullio Treves 11 Unleash the liger: The nature of the investment court system and its impact on enforcement 213 Simon Weber 12 Human rights scrutiny under the EU Generalised Scheme of Preferences: The Uzbek cotton industry as a case study 238 Rosana Garciandia 13 New tendencies in Free Trade Agreement drafting: International financial standards in the EU Free Trade Agreements 257 Elisa Longoni PART III INTERNATIONAL COURTS AND TRIBUNALS UPHOLDING THE RULE OF LAW 14 Some remarks on the contribution of UN courts and tribunals to the rule of law and the unity of international law 277 Fausto Pocar 15 Old stage, new actors: The PCA as a platform for an evolving rule of law 288 Hugo H. Siblesz 16 WTO dispute settlement: A curse or a bliss in international trade relations? 300 Federico Ortino 17 Judicial protection in the EEA 311 Frank J. Büchel and Carsten Zatschler Index 333

Read more less

Book SynopsisThis thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis.Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.Trade Review‘This valuable book comes at a key time: as the EU and its member states wrestle with the mid to long-term social and economic impacts of the COVID-19 pandemic. The contributions engage effectively with the post-financial crisis EMU as a challenge for social rights enjoyment, while clearly locating that challenge in the historic marginalisation of social rights in EU governance. This volume will be of interest to anyone concerned about existing and potential mechanisms of social rights protection in the EU.’ -- Aoife Nolan, University of Nottingham, UKTable of ContentsContents: Introduction to Social Rights and the European Monetary Union 1 Maribel González Pascual and Aida Torres Pérez PART I THE BUILDING BLOCKS OF SOCIAL RIGHTS’ PROTECTION IN THE EU 1 The dimensions of the principle of solidarity in the European Union 7 Karl-Peter Sommermann 2 Social rights protection in the EU: unlocking the social content of the EU Charter 25 Maribel González Pascual PART II THE EMU AS A CHALLENGE FOR SOCIAL RIGHTS 3 The emergence of the new over-riding objective of financial stability 51 Klaus Tuori and Fernando Losada 4 Social rights and the disintegration of (and through) law in the Economic and Monetary Union: taking stock and looking forward 71 Francesco Costamagna and Filippo Croci 5 Towards a meaningful integration of fundamental (social) rights in EMU governance 97 Paul Dermine 6 The human rights puzzle of the euro-crisis: why massive breaches of human rights but none of the EU Charter of Fundamental Rights? 121 Claire Kilpatrick PART III THE ROLE OF COURTS WITHIN THE EMU 7 The CJEU as guardian of social rights? The legacy of the European financial crisis 143 Anastasia Poulou 8 The justiciability of ‘social rights’: evidence from crisis-ridden Greece 162 Lina Papadopoulou and Nada Bodiroga-Vukobrat in memoriam 9 The uncertain structure of process-based proportionality review in the EU: looking back at the debate on the CJEU’s Weiss ruling and the German Federal Constitutional Court’s PSPP ruling 187 Oliver Gerstenberg 10 Adjudication of socioeconomic rights by the CJEU: towards a new form of judicial review? 205 Aida Torres Pérez Index

Read more less

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

Read more less

Book SynopsisThe Research Handbook on Trade Wars presents an informative and in-depth account of the origins, dynamics, and implications of trade wars, which are growing both in scale and scope in today’s increasingly interdependent global economy. Timely and comprehensive, it provides a holistic understanding of trade wars, including not only the domestic and international factors that influence the pattern of trade war onset and escalation, but also the stakeholders and processes that shape the outcomes of such highly intense trade conflicts.Leading scholars in the field present original and thought-provoking research material, critically engage with academic and policy debates, and make theoretical contributions as well as valuable policy recommendations. In addition to its in-depth analysis of the global, domestic, political, and economic origins of trade wars, this Research Handbook also examines the variation in the scope of trade wars, the forum for dispute settlement, the factors that influence the pattern of dispute escalation, and the linkages between national security considerations and commercial conflicts.Providing the frameworks necessary for understanding the political and economic logics of trade wars, this Handbook will be a valuable source of reference for researchers, government officials, businesses, and post-graduate students interested in international political economy, international economics, economic statecraft, public policy, and international relations.Trade Review‘The chapters in this impressive Research Handbook range from deeper dives into particular trade spats to higher-altitude analyses of their causes and consequences. Scholars especially interested in the US-China trade war will find a wealth of content. Instructors will find much connecting current events with course material about international political economy.’ -- ­– Stephen Chaudoin, Harvard University, US‘This is the most comprehensive study of trade wars, their causes, as well as their consequences. The questions raised in this book should be valuable input to academics and practitioners alike who are concerned by today’s increasingly uncertain environment.’ -- ­– Petros C. Mavroidis, Columbia Law School, USTable of ContentsContents: 1 Introduction: trade wars past and present: causes, dynamics and consequences 1 Ka Zeng and Wei Liang PART I THE GLOBAL ORIGINS OF TRADE WARS: MARKET CHANGES AND INSTITUTIONAL CONSTRAINTS 2 The structure of international trade, global value chains and trade wars in the twenty-first century 27 Louise Curran and Jappe Eckhardt 3 Financial crises and trade wars: has globalization failed to deliver? 47 David A. Deese and Sam Biasi 4 Multilateral trade governance and the US–China Trade War (2018‒) 63 Faizel Ismail PART II THE DOMESTIC ORIGINS OF TRADE WARS 5 Preferences, domestic institutions and trade wars 82 Timm Betz and Lu Sun 6 The trade Zax: explaining when regulatory disputes escalate into trade wars 112 Gary Winslett 7 The uneven impact of exchange rate movements on trade disputes 130 Patrick J.W. Egan 8 US trade deficit as an American problem 151 Imad Moosa PART III SCOPE, PROCESSES AND DYNAMICS OF TRADE WARS 9 Escalation, economic coverage and institutional scope in trade wars 175 Dirk De Bièvre and Emile van Ommeren 10 The strategic calculus of WTO dispute initiation: evidence from the United States 191 J. Tyson Chatagnier, Arlo Poletti and Aydin B. Yildirim 11 Economic rivals, security allies: the US–Japan trade war 209 Kristi Govella PART IV CASE IN POINT: THE TIT-FOR-TAT OF THE US–CHINA TRADE WAR (2018‒) 12 The US–China trade war of 2018‒2020: origins and consequences 231 Thomas Hout 13 American multinational corporations and the U.S.–China trade war 252 Jiakun Jack Zhang 14 US–China intellectual property trade wars 271 Peter K. Yu 15 “Forced” technology transfer and China’s industrial policy: a case of study high-speed rail 288 Gerald Chan PART V AMERICA FIRST: TRUMP’S TRADE OFFENSIVE AGAINST US ALLIES AND NEIGHBORS 16 US–EU trade war: a new page from an old playbook? 304 Marcia Don Harpaz 17 Japan–US trade “war” under the Trump Administration: from the US’ withdrawal from the TPP to the Japan–US trade agreement 326 Junji Nakagawa 18 United States–South Korea trade conflict: economic and security issues in the Trump era and beyond 341 James F. Paradise 19 USMCA, Covid-19 and the US–China trade war: North America’s shifting supply chains 361 David A. Gantz PART VI FLASHPOINTS: TRADE WARS IN THE ASIA-PACIFIC 20 Trade wars at the intersection of memory and industrial policy in Japan and South Korea 381 Kristin Vekasi 21 Navigating the triple dilemma: South Korea’s trade disputes with neighboring countries in the era of politicized economic interdependence 398 Seung-Youn Oh Index

Read more less

Book SynopsisProviding a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.Trade Review'Charlotte Beaucillon and her 27 co-authors have produced a true ''Treatise on extraterritorial sanctions'' with an orderly plan that makes it possible to cover a formidably complex subject from various angles. Often confiscated by the common law doctrine, this theme is the object of cross-perspectives by specialists with very diverse backgrounds, which enrich one another while not detracting from the didactic clarity of the book. A major contribution to the knowledge of a key phenomenon of contemporary international relations.' -- Alain Pellet, Université Paris Nanterre, France'The Research Handbook on Unilateral and Extraterritorial Sanctions provides an impressive collection of contributions on a topic of ever-growing importance. Beaucillon has aptly managed to bring together some of the main experts in this burgeoning field to put together what is perhaps the most comprehensive volume to-date dedicated specifically to extraterritorial sanctions. The book provides a useful tour d'horizon, mapping different regional perspectives on extraterritorial sanctions, and addressing their legality and impact on companies and individuals in a structured manner. Leaving no stone unturned, the book will be of significant value to scholars, practitioners and policy-makers alike.' -- Tom Ruys, Ghent University, BelgiumTable of ContentsContents: 1 An introduction to unilateral and extraterritorial sanctions: definitions, state of practice and contemporary challenges 1 Charlotte Beaucillon PART I CONTEMPORARY STATE PRACTICE 2 Unilateral and extraterritorial sanctions in crisis: implications of their rising use and misuse in contemporary world politics 19 Erica Moret 3 South Africa’s position and practice with regard to unilateral and extraterritorial coercive sanctions 37 Hennie Strydom 4 From pessimism to accommodation: India’s stand and practice on unilateral sanctions 55 Rishika Chauhan 5 China’s position and practice concerning unilateral sanctions 70 Congyan Cai 6 Unilateral and extraterritorial sanctions policy: the Russian dimension 90 Ivan N. Timofeev 7 The European Union’s position and practice with regard to unilateral and extraterritorial sanctions 110 Charlotte Beaucillon 8 The US position and practice with regards to unilateral and extraterritorial sanctions: reimagining the US sanctions regime in a world of advanced technology 129 Zachary Goldman and Alina Lindblom PART II REGIME UNDER INTERNATIONAL LAW 9 Articulating UN sanctions with unilateral restrictive measures 148 Jean-Marc Thouvenin 10 Unilateral/extraterritorial sanctions as a challenge to the theory of jurisdiction 164 Yann Kerbrat 11 Unilateral sanctions as a challenge to the law of state responsibility 185 Alexandra Hofer 12 Unilateral and extraterritorial sanctions and international investment law 203 Sabrina Robert-Cuendet 13 Contemporary blocking statutes and regulations in the face of unilateral and extraterritorial sanctions 220 Daniel Ventura 14 Challenging unilateral and extraterritorial sanctions under international economic law: exploring leads at the WTO and the OECD 238 Lena Chercheneff PART III IMPACT ON ECONOMIC OPERATORS 15 Corporations and US economic sanctions: the dangers of overcompliance 255 Emmanuel Breen 16 Embedded extraterritoriality: US judicial litigation and the global banking surveillance of digital money flows 269 Grégoire Mallard and Anna Hanson 17 Using extraterritorial sanctions in the fight against financial crime in Latvia: from silver lining to over compliance 287 Ilze Znotiņa and Paulis Iļjenkovs 18 Resisting from the bench: an overview of French and UK courts’ jurisprudence on unilateral and extraterritorial sanctions 305 Marjorie Eeckhoudt 19 International bank settlement in China and unilateral sanctions-related disputes: sources, remedies and procedures 322 Jin Sun 20 Unilateral sanctions through an international arbitration lens: procedural and substantive issues 341 Eric De Brabandere and David Holloway PART IV IMPACT ON HUMAN RIGHTS 21 Unilateral sanctions as unilateral coercive measures: discussing coercion at the UN level 365 Pierre-Emmanuel Dupont 22 From targeted states to affected populations: exploring accountability for the negative impact of comprehensive unilateral sanctions on human rights 384 Ioannis Prezas 23 Due process and unilateral targeted sanctions 404 Anton Moiseienko 24 The right to be protected from the criminal enforcement of extraterritorial sanctions: lessons learned from the Huawei case 423 Muriel Ubéda-Saillard 25 Horizontal sanctions regimes: targeted sanctions reconfigured? 440 Clara Portela Index

Read more less

Book SynopsisThis thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights.Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.Trade Review‘This book provides the broad and rich social, legal, cultural, and economic context needed to examine the growing presence of animal welfare as a concern of international law. The author has identified the Seal case of the WTO as a tipping point for the realization of animal welfare as a legitimate topic within international law. In doing so the author provides a comprehensive scholarly discussion of basic questions such as what is international law and how does it arise?’ -- David Favre, Michigan State University, USTable of ContentsContents 1. Introduction to Animal Welfare and International Trade Law 2. The sea change of seal products 3. Legal theory, international law, and animal welfare 4. Global animal law 5. The international trade regime 6. Before Seal Products : trade, conservation, and animal welfare 7. The Seal Products case 8. New trade agreements and animal welfare 9. Conclusion to Animal Welfare and International Trade Law Index

Read more less

Book SynopsisPublic procurement is big business. International organisations and governments at national, regional, state and city levels are major buyers of goods and services. However, public procurement is a relatively under-researched and new discipline, which, uniquely, brings together contributions from the fields of economics and law.This two-volume set presents some of the major contributions in the field. It includes papers on outsourcing versus internal provision; public procurement and the role of competition and transparency; corruption; public procurement as a tool of industrial, social and environmental policy; public procurement as a trade barrier and its regulation under international trade agreements; and enforcing public procurement rules.Trade Review'The editors have produced an excellent contribution to the academic literature of public procurement.' -- Christopher Bovis, Common Market Law Review'The collection opens with a good summary of both parts and gives a useful overview of the main themes of the collection, which enables the reader to dip in and out effectively.' -- Rosemary Boyle, The Cambridge Law Journal'For the student needing to become ridiculously well-read in the subject this is likely to be a useful source of secondary research.' -- Andy Davies, Supply ManagementTable of ContentsContents: Volume I Acknowledgements Introduction Sue Arrowsmith and Keith Hartley PART I OUTSOURCING VERSUS INTERNAL PROVISION 1. Oliver E. Williamson (1979), ‘Transaction-Cost Economics: The Governance of Contractual Relations’ 2. Simon Domberger and Stephen Rimmer (1994), ‘Competitive Tendering and Contracting in the Public Sector: A Survey’ 3. George A. Boyne (1998), ‘Competitive Tendering in Local Government: A Review of Theory and Evidence’ 4. Robin Milne and Magnus McGee (1992), ‘Compulsory Competitive Tendering in the NHS: A New Look at Some Old Estimates’ 5. Stefan Szymanski and Sean Wilkins (1993), ‘Cheap Rubbish? Competitive Tendering and Contracting Out in Refuse Collection – 1981–88’ PART II THE APPROACH TO PROCUREMENT IN THE PUBLIC SECTOR: COMPETITION AND TRANSPARENCY 6. William Vickrey (1961), ‘Counterspeculation, Auctions, and Competitive Sealed Tenders’ 7. Oliver E. Williamson (1976), ‘Franchise Bidding for Natural Monopolies – in General and with Respect to CATV’ 8. Robert R. Hunja (1998), ‘The UNCITRAL Model Law on Procurement of Goods, Construction and Services and its Impact on Procurement Reform’ 9. Jean Heilman Grier (1998), ‘An Overview of the Japanese Government Procurement System’ 10. David Parker and Keith Hartley (1997), ‘The Economics of Partnership Sourcing versus Adversarial Competition: A Critique’ 11. Steven L. Schooner and Neil S. Whiteman (2000), ‘Purchase Cards and Micro-Purchases: Sacrificing Traditional United States Procurement Policies at the Altar of Efficiency’ PART III CORRUPTION 12. Frederick Stapenhurst and Petter Langseth (1997), ‘The Role of the Public Administration in Fighting Corruption’ 13. Frank Anechiarico and James B. Jacobs (1995), ‘Purging Corruption from Public Contracting: The "Solutions" Are Now Part of the Problem’ 14. William E. Kovacic (1998), ‘The Civil False Claims Act as a Deterrent to Participation in Government Procurement Markets’ 15. Rex J. Zedalis (1997), ‘Internationalizing Prohibitions on Foreign Corrupt Practices: The OAS Convention and the OECD Revised Recommendation’ PART IV PUBLIC PROCUREMENT AS A TOOL OF INDUSTRIAL, SOCIAL AND ENVIRONMENTAL POLICY 16. P.A. Geroski (1990), ‘Procurement Policy as a Tool of Industrial Policy’ 17. P.E. Morris (1990), ‘Legal Regulation of Contract Compliance: An Anglo-American Comparison’ 18. Ron Watermeyer (2000), ‘The Use of Targeted Procurement as an Instrument of Poverty Alleviation and Job Creation in Infrastructure Projects’ 19. Sue Arrowsmith (1995), ‘Public Procurement as an Instrument of Policy and the Impact of Market Liberalisation’ 20. José Maria Fernández Martin and Oliver Stehmann (1991), ‘Product Market Integration versus Regional Cohesion in the Community’ 21. Christopher McCrudden (1999), ‘International Economic Law and the Pursuit of Human Rights: A Framework for Discussion of the Legality of "Selective Purchasing" Laws Under the WTO Government Procurement Agreement’ Name Index Volume II Acknowledgements An introduction by the editors to both volumes appears in Volume I PART 1 PUBLIC PROCUREMENT AS A BARRIER TO TRADE AND ITS REGULATION UNDER INTERNATIONAL TRADE AGREEMENTS 1. Federico Trionfetti (2000), ‘Discriminatory Public Procurement and International Trade’ 2. Andrew Cox (1992), ‘Implementing 1992 Public Procurement Policy: Public and Private Obstacles to the Creation of the Single European Market’ 3. Aaditya Mattoo (1996), ‘The Government Procurement Agreement: Implications of Economic Theory’ 4. Arie Reich (1997), ‘The New GATT Agreement on Government Procurement: The Pitfalls of Plurilateralism and Strict Reciprocity’ 5. Harvey Gordon, Shane Rimmer and Sue Arrowsmith (1998), ‘The Economic Impact of the European Union Regime on Public Procurement: Lessons for the WTO’ 6. Stephen Martin and Keith Hartley (1997), ‘Public Procurement in the European Union: Issues and Policies’ 7. N. Bohan and D. Redonnet (1997), ‘E.U. Procurement Legislation: Does the Emperor Have Clothes? An Examination of the New Empirical Evidence’ 8. Sue Arrowsmith (1998), ‘Towards a Multilateral Agreement on Transparency in Government Procurement’ PART II ENFORCING PUBLIC PROCUREMENT RULES 9. Robert C. Marshall, Michael J. Meurer and Jean-François Richard (1994), ‘Curbing Agency Problems in the Procurement Process by Protest Oversight’ 10. William E. Kovacic (1995), ‘Procurement Reform and the Choice of Forum in Bid Protest Disputes’ 11. Sue Arrowsmith (1996), ‘Public Procurement: Example of a Developed Field of National Remedies Established by Community Law’ 12. José M. Fernández Martin (1993), ‘The European Commission’s Centralised Enforcement of Public Procurement Rules: A Critical View’ 13. Mary Footer (1995), ‘Remedies Under the New GATT Agreement on Government Procurement’ PART III DEFENCE PROCUREMENT 14. William B. Burnett and William E. Kovacic (1989), ‘Reform of United States Weapons Acquisition Policy: Competition, Teaming Agreements, and Dual-Sourcing’ 15. Keith J. Crocker and Kenneth J. Reynolds (1993), ‘The Efficiency of Incomplete Contracts: An Empirical Analysis of Air Force Engine Procurement’ 16. P.G. Pugh (1993), ‘The Procurement Nexus’ 17. William P. Rogerson (1994), ‘Economic Incentives and the Defense Procurement Process’ 18. Martin Trybus (1996), ‘An Overview of Defence Procurement in the Federal Republic of Germany’ 19. Keith Hartley (1998), ‘Defence Procurement in the UK’ 20. Edward G. Keating (1999), ‘Government Contracting Options: A Model and Application’ PART IV CONTRACTING 21. William E. Kovacic (1991), ‘Commitment in Regulation: Defense Contracting and Extensions to Price Caps’ 22. W.A. Peeters (1993), ‘Incentives in Government Procurement Contracts’ 23. Stephen Kahn (1993), ‘Advanced Technology Projects and International Procurement: The Case of the European Space Agency’ PART V DEFENCE INDUSTRY PROFITS 24. Review Board for Government Contracts (1974), Report on the General Review of the Profit Formula for Non-Competitive Government Contracts 25. Willis R. Greer, Jr. and Shu S. Liao (1986), ‘An Analysis of Risk and Return in the Defense Market: Its Impact on Weapon System Competition’ 26. Steven W. Feldman (1988), ‘The Truth in Negotiations Act: A Primer’ 27. Jeffrey A. Sorenson (1989), ‘Are Defense Industry Profits Excessive? A Capital Market Perspective’ 28. Frank R. Lichtenberg (1992), ‘A Perspective on Accounting for Defense Contracts’ PART VI LIBERALIZATION OF DEFENCE MARKETS IN EUROPE 29. Andrew Cox (1994), ‘The Future of European Defence Policy: The Case for a Centralised Procurement Agency’ 30. Martin Trybus (1998), ‘European Defence Procurement: Towards a Comprehensive Approach’ 31. Stephen Martin, Keith Hartley and Andrew Cox (1999), ‘Defence Procurement of Dual-Use Goods: Is There a Single Market in the European Union?’ Name Index

Read more less

Book SynopsisThe Asia-Pacific Rim is still potentially one of the most dynamic areas of the global economy, and the European Union (EU) is the world's most prosperous market. The development of relations between the EU and Association of South East Asian Nations (ASEAN) is vitally important for the future economic evolution of both regions. This book traces the relationship between the EU and ASEAN, considering the current and future position of trade relations.After discussing international commerce and trade at the beginning of the twenty-first century, the authors explore regionalism in the global economy and the establishment of regional trade organizations, in particular the EU and ASEAN. They then contrast the direct organization-to-organization approach which has characterized EU-ASEAN relations with that of APEC (Asia Pacific Economic Cooperation). The book concludes with a substantial discussion of the institutional and policy changes that the EU and ASEAN need to enhance their future trading relationship. In addition, the authors offer insights from the EU-ASEAN experience for relations among other regional trade organizations.Regional Trading Blocs in the Global Economy will be welcomed by scholars and students interested in international trade, regional economics, European and Asian studies.Table of ContentsContents: Preface 1. International Commerce in the Twenty-first Century 2. Regionalism in World Trade 3. The Organizations 4. The European Union and ASEAN 5. Implications of APEC for EU–ASEAN Relations 6. Towards a New Era in EU–ASEAN Relations 7. Insights from the EU–ASEAN Experience for Relations among Regional Trade Organizations References Index

Read more less

Book SynopsisThis book presents an authoritative collection of the most important papers previously published by leading scholars in the field of trade policy and its reform.Included are sections on early contributions to the theory of reform, world welfare and trade reform, and reform with quotas and tariffs.Table of ContentsContents Acknowledgements Introduction Carsten Kowalczyk PART I EARLY CONTRIBUTIONS TO THE THEORY OF REFORM 1. W.J. Corlett and D.C. Hague (1953–54), ‘Complementarity and the Excess Burden of Taxation’ 2. J.E. Meade (1955), ‘The Second-Best Arrangement for Trade Control: (2) The Partial Freeing of Trade’ 3. J.E. Meade (1955), ‘The Partial Freeing of Trade: (1) Unilateral Tariff Reductions’ 4. S.A. Ozga (1955), ‘An Essay in the Theory of Tariffs’ 5. Jaroslav Vanek (1965), ‘Global Gains from Restricted Trade in a Two-Country World’ PART II DISTORTIONS: INCOME EFFECTS AND SUBSTITUTABILITY 6. Edward Foster and Hugo Sonnenschein (1970), ‘Price Distortion and Economic Welfare’ 7. Michael Bruno (1972), ‘Market Distortions and Gradual Reform’ 8. P.J. Lloyd (1974), ‘A More General Theory of Price Distortions in Open Economies’ 9. Avinash Dixit (1975), ‘Welfare Effects of Tax and Price Changes’ 10. Takashi Fukushima (1981), ‘A Dynamic Quantity Adjustment Process in a Small Open Economy, and Welfare Effects of Tariff Changes’ PART III RESULTS ON REFORM AND NATIONAL WELFARE 11. Trent J. Bertrand and Jaroslav Vanek (1971), ‘The Theory of Tariffs, Taxes, and Subsidies: Some Aspects of the Second Best’ 12. Tatsuo Hatta (1977), ‘A Recommendation for a Better Tariff Structure’ 13. Takashi Fukushima (1979), ‘Tariff Structure, Nontraded Goods and Theory of Piecemeal Policy Recommendations’ 14. John C. Beghin and Larry S. Karp (1992), ‘Piecemeal Trade Reform in Presence of Producer-Specific Domestic Subsidies’ 15. Ramón López and Arvind Panagariya (1992), ‘On the Theory of Piecemeal Tariff Reform: The Case of Pure Imported Intermediate Inputs’ PART IV WORLD WELFARE AND TRADE REFORM 16. Jaroslav Vanek (1964), ‘Unilateral Trade Liberalization and Global World Income’ 17. Tatsuo Hatta and Takashi Fukushima (1979), ‘The Welfare Effect of Tariff Rate Reductions in a Many Country World’ 18. Carsten Kowalczyk (1989), ‘Trade Negotiations and World Welfare’ 19. Takashi Fukushima and Namdoo Kim (1989), ‘Welfare Improving Tariff Changes’ 20. Michael Keen (1989), ‘Multilateral Tax and Tariff Reform’ PART V COALITIONS, WELFARE, AND TRADE REFORM 21. J.E. Meade (1955), ‘The Partial Freeing of Trade: (2) Discriminatory and Preferential Tariff Reductions’ 22. Carsten Kowalczyk (2000), ‘Welfare and Integration’ PART VI QUOTAS, TARIFFS, AND REFORM 23. W. Max Corden and Rodney E. Falvey (1985): ‘Quotas and the Second Best’ 24. Rodney E. Falvey (1988), ‘Tariffs, Quotas and Piecemeal Policy Reform’ 25. James E. Anderson and J. Peter Neary (1992), ‘Trade Reform with Quotas, Partial Rent Retention, and Tariffs’ PART VII REFORM WITH GOVERNMENT PRODUCTION AND REVENUE 26. Kenzo Abe (1992), ‘Tariff Reform in a Small Open Economy with Public Production’ 27. Rod Falvey (1994), ‘Revenue Enhancing Tariff Reform’ PART VIII REFORM IN MULTI-HOUSEHOLD ECONOMIES 28. Roger Guesnerie (1977), ‘On the Direction of Tax Reform’ 29. W.E. Diewert (1978), ‘Optimal Tax Perturbations’ 30. John A. Weymark (1979), ‘A Reconciliation of Recent Results in Optimal Taxation Theory’ 31. W.E. Diewert, A.H. Turunen-Red, and A.D. Woodland (1989), ‘Productivity- and Pareto-Improving Changes in Taxes and Tariffs’ 32. Arja H. Turunen-Red and Alan D. Woodland (1991), ‘Strict Pareto- Improving Multilateral Reforms of Tariffs’ Name Index

Read more less

Book SynopsisDespite the disruption of the multilateral trade talks at Seattle in December 1999, the work of the World Trade Organization (WTO) continues. The trade and investment issues that have been outstanding since the Seattle events are explored in this far reaching book. The distinguished contributors combine several analytical approaches for a comprehensive assessment of the trends, problems and opportunities demanding attention in international trade negotiations.The authors discuss the principle items on the agenda for a renewed round of WTO talks, and also examine issues concerning the treatment of foreign direct investment, urging trade policymakers to adopt measures that will enhance flows of such investment, as these contribute to trade expansion. US, European and Japanese interests and perspectives are considered. The authors believe that cooperative management of international trade and investment issues could introduce greater harmony in the world trading system and overcome fears about the disruptive consequences of increased market openness. The self appointed roles of Non Government Organizations (NGOs) are examined, with emphasis on the primary responsibilities of governments as representatives of their nations.By bringing together the extensive results of research by economists, international management experts and political scientists, this book will be of immense worth to trade policymakers, policy research institutes, consulting firms, and academic communities. Of particular value will be the volume's discussions of international competition policy problems.Table of ContentsContents: Foreword Preface 1. The World Trade Organization and the International Political Economy 2. Institutional Development of the WTO 3. Agenda Setting for a Millennial Round: Challenges and Opportunities 4. Corporations and Structural Linkages in World Commerce 5. Triad Policy Interdependencies in the WTO 6. The USA in the WTO 7. The EU in the WTO 8. Japan in the WTO 9. Openness, Growth and Development: Trade and Investment Issues 10. Designing a Market Enhancing WTO 11. The World Trading System: Collective Management Potentials Index

Read more less

Book SynopsisTrade negotiations are complex interactive processes that bring a combination of existing trade law, the pleadings of special interests and economic theory together in the give and take of compromise, bluff and strategic alliances.Trade disputes involving food and other agricultural products - controversial subjects such as genetically modified foods and Creutzfeldt-Jakob disease - are the subject of newspaper headlines almost daily. As developing countries demand improved access to European and US markets for their products, international trade has moved into a new era and is now at the heart of trade negotiations.Economic Analysis for International Trade Negotiations provides an analytical framework in which to examine the complex economic issues which arise in international trade negotiations. This framework is developed using examples arising from current contentious issues in the international trade in agricultural products including market access, subsidies, non-tariff barriers, health regulations and biotechnology. The volume concludes with a discussion on the future of trade.Providing a link between economic theory and the WTO, this comprehensive volume will be of great interest to academics specialising in international trade, international relations, agri-business and international business.Trade Review'This book has much to commend itself to those interested in the intricacies of trade negotiations, particularly in agriculture.' -- Jaleel Ahmad, The Journal of International Trade and Economic Development'I believe the authors have the merit of providing a unique and useful textbook for an undergraduate class.' -- Giovanni Anania, European Review of Agricultural Economics'This book is well written and presented in an attractive style . . . deserves a place on the shelves of all serious students of agricultural trade negotiations and the functioning of the WTO.' -- Ken Ingersent, Journal of Agricultural Economics'. . . the book is welcome for bringing together and discussing much of the history and current issues surrounding the WTO and agriculture. Many of the arguments presented are particularly relevant to Australia and New Zealand. It is accessible compared with many other books addressing similar subject matter, and would be of value for a policy analyst who wishes to obtain a quick grasp of issues and theory behind some policy mechanisms. The book would also be useful as a supplementary text for a level two or three course in international trade.' -- Caroline Saunders, The Australian Journal of Agriculture and Resource Economics'This book provides an exceptionally lucid economic analysis of the benefits and losses - the gainers and the losers - from liberalization of international trade. The basic analysis is available to those with limited background in economics, with exceptionally clear use of graphic analysis to provide clear conclusions about the effects of increasing trade. The economic specialist also will find much of interest and value. Clear analyses of some of the very difficult issues facing a new round of trade negotiations, with special emphasis on genetically modified products, are presented. The authors make it clear that there are no easy answers to the conflicts that already exist or are likely to exist in the future with respect to such products. Labelling is a superior alternative to embargoes, but labelling may involve substantial costs for many food products and the costs could exceed reasonable estimates of the benefits. But with our present state of knowledge, the estimation of benefits is subject to great uncertainty. The probable negotiating positions of the major participants in a new round of negotiations are delineated with both clarity and fairness. It seems obvious that if the negotiations deal solely with agriculture that the prospects for success are limited; some liberalization of agricultural trade probably can occur only if the negotiations cover the full range of international trade. In negotiations on agricultural trade, governments give very little weight to the interests of the major beneficiaries of lowering trade barriers, namely the consumers.' -- D. Gale Johnson, University of Chicago, USTable of ContentsContents: Preface 1. Introduction to the Issues 2. Modelling Trade for Policy Analysis 3. Unfinished Business 4. New Challenges 5. Trade in the 21st Century References Index

Read more less

Book SynopsisThe WTO has laid the foundations for a new era of trade relations, and increased trade liberalization has improved global efficiency in production and consumption. The strengthening of trade rules, however, has increased the scope for disputes over interpretations of more extensive and complicated agreements, and has spilt over into environmental and scientific matters. One of the unforeseen consequences of the WTO agreements has been controversy over risk. This volume explores aspects of risk with special reference to the WTO, where national instruments to reduce risk may conflict with international trade rules.The book is divided into sections dealing with: accounting for risk in trade agreements risk and the WTO managing risk in policy making negotiating experience with risk national risks and quarantine standards managing biotechnology. The chapters offer many perspectives on risk assessment and benefit from a rich diversity of approaches as befits contributions from authors with backgrounds in law, economics, political science and environmental and natural science as well as policy making.Globalization and the Environmentis a fascinating book that will draw its readership from these fields.Trade Review'There are two good reasons to read Robertson and Kellow's book on the WTO. First, the book offers a unique opportunity to get an inside, to learn how the WTO itself conceives of its role in environmental matters and of the criticism put forward by the anti-globalization movement. Secondly, individual chapters in the book extensively deal with topics relevant to international environmental negotiations from a WTO perspective: the role of risk in multi-lateral environmental agreements, risk communication and biotechnology, and GM food and global trade.' -- Hein-Anton van der Heijden, Environment Politics'As becomes clearer each day, the new global trade regime of the WTO is radically different in fundamental respects from its predecessor, the GATT. This book presents a most intriguing and innovative perspective on a cross-cutting issue of increasing importance: risk assessment. How will risk assessment and risk management affect the evolution of the multilateral rules-based system? Read this book and start thinking about it.' -- Sylvia Ostry, University of Toronto and Munk Centre for International Studies, CanadaTable of ContentsContents: Preface Part I: Risk and the WTO Part II: Managing Risk in Policy Making Part III: Negotiating Experience with Risk Part IV: National Risks and Quarantine Standards Part V: Managing Biotechnology Part VI: Concluding Summary Appendix Index

Read more less

Book SynopsisThe events in Seattle and other cities around the world demonstrate that globalisation and trade liberalisation are currently under severe pressure. There are also reasons to believe that these pressures are being translated into measures to increase the protection of domestic markets. This book addresses what are arguably the four most important origins of these pressures: macroeconomic conditions, labour policy, trade and the environment, and market imperfections.The authors first address the role of macroeconomic conditions and policies, and demonstrate how these can have a crucial role in explaining 'slippages' of trade policy. The second origin of instability is labour policy, in particular the pressures to introduce universal labour standards. The third economic origin the book considers is the relationship between trade and the environment and the attempts to link trade policies to environmental standards. The fourth origin of protectionist pressure comes from the presence of various market imperfections and the extent to which they affect competition. The authors conclude that multilateral agreements can be extremely helpful in creating the right environment for equitable trade policies, but warn that complete success can only be achieved once major hurdles are overcome in the highly controversial and politically sensitive areas of labour, environment and competition.Offering a unique perspective on the threat to globalisation, this book should be widely read by students, practitioners and policymakers in the spheres of international trade, transition and development studies, and competition, labour and environmental economics.Table of ContentsContents: Preface and Acknowledgements Introduction: The Stability of Trade Policy and Multilateral Agreements Part I: Trade and Macroeconomic Policy 1. Exchange Rate Overvaluation and Trade Protection: Lessons from Experience 2. Macroeconomic Conditions and Import Surcharges in Selected Transition Economies Part II: Trade and Labour 3. Trade-Labour Link: A Post-Seattle Analysis 4. Paved with Good Intentions: Social Dumping and Raising Labour Standards in Developing Countries Part III: Trade, Environment and Competition 5. Reforming Environmental Policy: Harmonisation and the Limitation of Diverging Environmental Policies 6. The Relationship Between International Trade Policy and Competition Policy Part IV: Multilateral Agreements 7. European Lessons for Multilateral Economic Integration: A Cautionary Tale Index

Read more less

Book SynopsisThe prospective WTO Millennium Round of negotiations will highlight critical economic issues regarding the application and implementation of the WTO rules to international trade in goods and services. In this book, a distinguished group of academic experts considers the agenda and areas of interest for the next Round in light of Seattle, the functions of the WTO and competition policy issues arising from trade liberalization. This is followed by a focus on a wide range of WTO-specific economic issues and debates, including: state trading and state aids regional integration agriculture, including the EU-US banana dispute international investment patents financial services. Trade Liberalization, Competition and the WTO will be of interest to academics and policymakers as well as students of international economics and global trade reform.Table of ContentsContents: 1 Introduction: the GATT Uruguay Round, trade liberalization and the WTO Chris Milner and Robert Read PART I TRADE LIBERALIZATION 2 Multilateral market access negotiations in goods and services Sam Laird 3 Agricultural trade reform after the Asian recession: a bridge too far? Rod Tyers and Yongzheng Yang 4 The implications of the General Agreement on Trade in Services (GATS) for the banking sector in the Gulf Region Victor Murinde and Cillian Ryan 5 Options for regional integration in Southern Africa David Evans PART II COMPETITION 6 Trade and competition in the new WTO Round Peter Holmes 7 New rules for international investment: the case for a multilateral agreement on investment (MAI) at the WTO Alan M. Rugman 8 Trade liberalization and state aid in the European Union David Collie 9 State trading, agriculture and the WTO Steve McCorriston and Donald MacLaren PART III THE WORLD TRADE ORGANIZATION 10 The WTO agenda and the developing countries Sam Laird 11 The EU–US WTO banana dispute and the evolution of the EU banana trade regime Robert Read 12 The influence of the WTO on patenting activities in China Derek Bosworth and Deli Yang Index

Read more less

Book SynopsisThis comprehensive collection brings together major articles written by leading economists, political scientists and legal scholars to analyse the complexities of the modern global system of intellectual property rights (IPRs) and its relationship with the WTO. The papers selected consider the role of IPRs in the knowledge economy, itself a force for rapid globalisation. They first place IPRs into context as a trade issue and their controversial role within the WTO. Several articles analyse the ability of IPRs to encourage innovation and support markets, emphasising controversial problems in developing countries: special attention is given to the role of patents in biodiversity and essential medicines. Additional contributions provide important theoretical and empirical perspectives on the economics of IPRs in the global economy, including effects on trade, investment, innovation, growth, and technology policies. This authoritative volume will be an important source of reference for scholars and policymakers seeking to understand the development and trade impacts of intellectual property protection.Trade Review'The overall issues addressed in the compendium cover most relevant aspects and provide a stimulus for further investigation. Hence, the selection is excellent.' -- Alexander Cuntz, Science and Public Policy'More than any other part of the Uruguay Round (1986-94), the TRIPS Agreement took the GATT/WTO system - and the global economy - into new and uncharted waters. Both the negotiations leading to the Agreement and the controversies since the signing have stimulated economists, lawyers and other scholars to explore the many facets of the globalization of intellectual property rights. Professor Maskus has done a superb job of selecting from the extensive literature 21 articles covering the key issues (he also provides a very useful Introduction). The resulting comprehensive volume is certain to be a key reference work for anyone interested in intellectual property rights, the multilateral trading system, economic development, North/South relations, innovation and related fields.' -- Richard Blackhurst, Editor, World Trade Review and Director of Economic Research, GATT/WTO Secretariat, 1985-97, Graduate Institute of International Studies, Switzerland'This collection, edited by one of the leading scholars in the field, provides a broad-based introduction to the economic and legal issues raised by TRIPs and the accompanying globalization of intellectual property law. It ranges from accessible, policy-oriented essays to cutting edge technical papers. Scholars, students and policymakers with an interest in intellectual property issues should find the collection to be an invaluable reference.' -- Alan Sykes, University of Chicago, USTable of ContentsContents: Acknowledgements Introduction Keith E. Maskus PART I THE WTO AND INTELLECTUAL PROPERTY RIGHTS 1. Carlos A. Primo Braga (1996), ‘Trade-related Intellectual Property Issues: The Uruguay Round Agreement and its Economic Implications’ 2. Arvind Panagariya (1999), ‘TRIPs and the WTO: An Uneasy Marriage’ 3. Keith E. Maskus (2002), ‘Regulatory Standards in the WTO: Comparing Intellectual Property Rights with Competition Policy, Environmental Protection, and Core Labor Standards’ 4. Susan K. Sell (2003), ‘Life After TRIPS – Aggression and Opposition’ PART II ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS 5. Stanley M. Besen and Leo J. Raskind (1991), ‘An Introduction to the Law and Economics of Intellectual Property’ 6. Roberto Mazzoleni and Richard R. Nelson (1998), ‘Economic Theories about the Benefits and Costs of Patents’ 7. John H. Barton (1993), ‘Adapting the Intellectual Property System to New Technologies’ 8. Nancy T. Gallini and Michael J. Trebilcock (1998), ‘Intellectual Property Rights and Competition Policy: A Framework for the Analysis of Economic and Legal Issues’ PART III CONTROVERSIES SURROUNDING INTELLECTUAL PROPERTY RIGHTS AND ECONOMIC DEVELOPMENT 9. Carlos A. Primo Braga, Carsten Fink and Claudia Paz Sepulveda (2000), ‘Intellectual Property Rights and Economic Development’ 10. Graham Dutfield (2002), ‘Sharing the Benefits of Biodiversity: Is there a Role for the Patent System?’ 11. Julio J. Nogués (1993), ‘Social Costs and Benefits of Introducing Patent Protection for Pharmaceutical Drugs in Developing Countries’ 12. F.M. Scherer and Jayashree Watal (2002), ‘Post-Trips Options for Access to Patented Medicines in Developing Nations’ PART IV THEORETICAL ANALYSIS OF GLOBAL IPRs 13. Ishac Diwan and Dani Rodrik (1991), ‘Patents, Appropriate Technology, and North-South Trade’ 14. Kresimir Zigic (2000), ‘Strategic Trade Policy, Intellectual Property Rights Protection, and North-South Trade’ 15. Amy Jocelyn Glass and Kamal Saggi (2002), ‘Intellectual Property Rights and Foreign Direct Investment’ 16. Edwin L.-C. Lai and Larry D. Qiu (2003), ‘The North’s Intellectual Property Rights Standard for the South?’ PART V EMPIRICAL ANALYSIS OF GLOBAL IPRs 17. Keith E. Maskus and Mohan Penubarti (1995), ‘How Trade-related are Intellectual Property Rights?’ 18. Pamela J. Smith (2001), ‘How Do Foreign Patent Rights Affect U.S. Exports, Affiliate Sales, and Licenses?’ 19. Mariko Sakakibara and Lee Branstetter (2001), ‘Do Stronger Patents Induce More Innovation? Evidence from the 1988 Japanese Patent Law Reforms’ 20. Phillip McCalman (2001), ‘Reaping What You Sow: An Empirical Analysis of International Patent Harmonization’ 21. David M. Gould and William C. Gruben (1996), ‘The Role of Intellectual Property Rights in Economic Growth’ Name Index

Read more less

Book SynopsisThe steady progress of global economic integration and trade-policy liberalization facilitated by the GATT and WTO over the past half-century has been accompanied by persistent warnings of the consequences for wages, employment and working conditions. Indeed, over the last decade, labor interests in the west have sought to slow the pace of international trade negotiations, seeking some protections in the WTO Charter itself and in individual trade agreements.The central focus of this collection is to provide the reader access to the seminal papers analyzing the accommodation of labor interests within the WTO. This comprehensive volume establishes an understanding of the interaction between global goods, capital and labor markets and the national government institutions that regulate their function. In selecting papers for this volume, the editors have identified the most important contributions to the debate.Trade Review'. . . this "reader" is a most welcome reference collection for a broad range of stakeholders - governments, employers' organisations, trade unions, international organisations and academics. Containing some 30 academic papers by well-known scholars published between 1996 and 2006, it provides a comprehensive coverage of the issues at stake. . . This voluminous book contains a treasure of knowledge that could help all stakeholders in industrialised and developing economies to devise better policies related to a more socially acceptable globalisation and improve the understanding of the underpinnings and roles of the ILO and the WTO.' -- Hedva Sarfati, Transfer (European Review of Labour Research)'This volume focuses on two key public concerns related to globalization. Does the freer international flow of goods, services and capital worsen working conditions for social groups most deserving of economic protection such as child labor and low-wage workers generally? Does introducing mandatory labor standards in international trade agreements improve the economic welfare of these groups? Brown and Stern have brought together an outstanding set of readings that inform these issues at both the analytical and empirical levels. Their volume will be a standard reference not only for formal courses covering international economic matters but for individuals interested in becoming knowledgeable about one of the most important international economic policy issues of our times.' -- Robert Baldwin, University of Wisconsin, USTable of ContentsContents: Acknowledgements Introduction Drusilla K. Brown and Robert M. Stern PART I INTRODUCTION AND OVERVIEW 1. Alan V. Deardorff and Robert M. Stern (2002), ‘What You Should Know About Globalization and the World Trade Organization’ PART II TRADE, WAGES AND LABOR MARKETS: HISTORICAL EVIDENCE AND CONTEMPORARY EXPERIENCE 2. Kevin H. O’Rourke and Jeffrey G. Williamson (2005), ‘From Malthus to Ohlin: Trade, Industrialisation and Distribution Since 1500’ 3. Robert C. Feenstra and Gordon H. Hanson (2003), ‘Global Production Sharing and Rising Inequality: A Survey of Trade and Wages’ 4. Sandra E. Black and Elizabeth Brainerd (2004), ‘Importing Equality? The Impact of Globalization on Gender Discrimination’ 5. Eric V. Edmonds and Nina Pavcnik (2006), ‘International Trade and Child Labor: Cross-Country Evidence’ 6. Ann Harrison and Jason Scorse (2004), ‘Globalization’s Impact on Compliance with Labor Standards’ PART III INTERNATIONAL TRADE AND THE RACE TO THE BOTTOM IN CORE-LABOR PROTECTION 7. Will Martin and Keith E. Maskus (2001), ‘Core Labor Standards and Competitiveness: Implications for Global Trade Policy’ 8. Matthias Busse (2002), ‘Do Labor Standards Affect Comparative Advantage in Developing Countries?’ 9. Drusilla K. Brown, Alan V. Deardorff and Robert M. Stern (1996), ‘International Labor Standards and Trade: A Theoretical Analysis’ 10. Dani Rodrik (1998), ‘Why Do More Open Economies Have Bigger Governments?’ 11. Michael Huberman and Wayne Lewchuk (2003), ‘European Economic Integration and the Labour Compact, 1850–1913’ 12. David Kucera (2002), ‘Core Labour Standards and Foreign Direct Investment’ PART IV LABOR PROTECTIONS IN INTERNATIONAL TRADE NEGOTIATIONS 13. Drusilla K. Brown (2001), ‘Labor Standards: Where Do They Belong on the International Trade Agenda?’ 14. Stanley L. Engerman (2003), ‘The History and Political Economy of International Labor Standards’ 15. Kyle Bagwell and Robert W. Staiger (2001), ‘Domestic Policies, National Sovereignty, and International Economic Institutions’ 16. Nuno Limão (2005), ‘Trade Policy, Cross-Border Externalities and Lobbies: Do Linked Agreements Enforce More Cooperative Outcomes?’ 17. Josh Ederington (2002), ‘Trade and Domestic Policy Linkage in International Agreements’ PART V MARKET-BASED MECHANISMS PROTECTING LABOR RIGHTS 18. Kimberly Ann Elliott and Richard B. Freeman (2003), ‘Vigilantes and Verifiers’ 19. Dara O’Rourke (2003), ‘Outsourcing Regulation: Analyzing Nongovernmental Systems of Labor Standards and Monitoring’ Name Index

Read more less

Book SynopsisThis two-volume set contains a careful selection of the most significant papers on anti-dumping. These important articles have not only shaped the policy debate in this area but have also substantially influenced how we think about the use and role of anti-dumping in trade relations today. After an initial look at some classic articles, the collection provides an overview of the past two decades of academic research on this subject. The contributions are both empirical and theoretical with the emphasis being on the economic rather than the legal analysis involved. The volumes make these papers easily accessible to a wide audience, including academics, policymakers and all those concerned with anti-dumping issues.Table of ContentsContents: Volume I Acknowledgements Introduction Douglas R. Nelson and Hylke Vandenbussche PART I EXPLAINING DUMPING: CLASSIC REFERENCES 1. Jacob Viner (1923), ‘The Definition of Dumping’, ‘The Classification of Dumping’, ‘The Influence of Dumping on Prices in the Dumping Country’, ‘The Consequences of Dumping to the Importing Country’ and ‘Ordinary Protective Tariffs as Safeguards against Dumping’ 2. Theodore O. Yntema (1928), ‘The Influence of Dumping on Monopoly Price’ 3. Joan Robinson (1933), ‘Price Discrimination’ and ‘The Moral of Price Discrimination’ 4. Gottfried von Haberler (1936), ‘Dumping, Cartels, Monopolies, and Export Bounties’ PART II EXPLAINING DUMPING: MODERN ANALYSIS 5. James Brander and Paul Krugman (1983), ‘A “Reciprocal Dumping” Model of International Trade’ 6. Wilfred J. Ethier (1982), ‘Dumping’ 7. James E. Anderson (1992), ‘Domino-Dumping I: Competitive Exporters’ 8. Richard H. Clarida (1993), ‘Entry, Dumping, and Shakeout’ PART III ECONOMIC EFFECTS OF DUMPING 9. Richard Boltuck (1991), ‘Assessing the Effects on the Domestic Industry of Price Dumping’ 10. Robert D. Willig (1998), ‘Economic Effects of Antidumping Policy’ 11. Kenneth H. Kelly and Morris E. Morkre (1998), ‘Do Unfairly Traded Imports Injure Domestic Industries?’ PART IV ECONOMIC EFFECTS OF ANTI-DUMPING 12. J. Michael Finger (1992), ‘Dumping and Antidumping: The Rhetoric and the Reality of Protection in Industrial Countries’ 13. Michael P. Leidy and Bernard M. Hoekman (1990), ‘Production Effects of Price- and Cost-based Anti-dumping Laws under Flexible Exchange Rates’ 14. Robert W. Staiger and Frank A. Wolak (1992), ‘The Effect of Domestic Antidumping Law in the Presence of Foreign Monopoly’ 15. James D. Reitzes (1993), ‘Antidumping Policy’ 16. Simon P. Anderson, Nicolas Schmitt and Jacques-François Thisse (1995), ‘Who Benefits from Antidumping Legislation?’ 17. Michael P. Gallaway, Bruce A. Blonigen and Joseph E. Flynn (1999), ‘Welfare Costs of the U.S. Antidumping and Countervailing Duty Laws’ 18. Hylke Vandenbussche, Reinhilde Veugelers and Jozef Konings (2001), ‘Unionization and European Antidumping Protection’ PART V INDUSTRY STUDIES OF THE IMPACT OF ANTI-DUMPING 19. Stefanie Lenway, Kathleen Rehbein and Laura Starks (1990), ‘The Impact of Protectionism on Firm Wealth: The Experience of the Steel Industry’ 20. Robert W. Staiger and Frank A. Wolak (1994), ‘Measuring Industry-Specific Protection: Antidumping in the United States’ 21. Corinne M. Krupp and Patricia S. Pollard (1996), ‘Market Responses to Antidumping Laws: Some Evidence from the U.S. Chemical Industry’ Name Index Volume II Acknowledgements An introduction by the editors to both volumes appears in Volume I PART I VERTICAL INDUSTRY LINKS IN DUMPING AND ANTI-DUMPING 1. Bernard M. Hoekman and Michael P. Leidy (1992), ‘Cascading Contingent Protection’ 2. Robert M. Feinberg and Seth Kaplan (1993), ‘Fishing Downstream: The Political Economy of Effective Administered Protection’ 3. Daniel M. Bernhofen (1995), ‘Price Dumping in Intermediate Good Markets’ PART II ANTI-DUMPING WITH FDI 4. Bruce A. Blonigen and Yuka Ohno (1998), ‘Endogenous Protection, Foreign Direct Investment and Protection-Building Trade’ 5. René A. Belderbos (1997), ‘Anti-dumping and Tariff Jumping: Japanese Firms’ DFI in the European Union and the United States’ 6. Jan I. Haaland and Ian Wooton (1998), ‘Anti-dumping Jumping: Reciprocal Antidumping and Industrial Location’ PART III ANTI-DUMPING AND COMPETITION POLICY 7. Patrick A. Messerlin (1994), ‘Should Anti-dumping Rules be Replaced by National or International Competition Rules?’ 8. Klaus Stegemann (1990), ‘EC Antidumping Policy: Are Price Undertakings a Legal Substitute for Illegal Price Fixing?’ 9. Reinhilde Veugelers and Hylke Vandenbussche (1999), ‘European Anti-dumping Policy and the Profitability of National and International Collusion’ 10. Hyun Ja Shin (1998), ‘Possible Instances of Predatory Pricing in Recent U.S. Antidumping Cases’ PART IV IMPLEMENTATION ISSUES IN ANTI-DUMPING 11. Alan O. Sykes (1996), ‘The Economics of Injury in Antidumping and Countervailing Duty Cases’ 12. Edwin Vermulst and Paul Waer (1991), ‘The Calculation of Injury Margins in EC Anti-Dumping Proceedings’ 13. P.K.M. Tharakan, David Greenaway and Joe Tharakan (1998), ‘Cumulation and Injury Determination of the European Community in Antidumping Cases’ 14. Thomas J. Prusa (1992), ‘Why Are So Many Antidumping Petitions Withdrawn?’ PART V POLITICAL ECONOMY OF ANTI-DUMPING: THEORY 15. H. Keith Hall and Douglas Nelson (1992), ‘Institutional Structure in the Political Economy of Protection: Legislated v. Administered Protection’ 16. James E. Anderson (1994), ‘Strategic Lobbying and Antidumping’ 17. B. Peter Rosendorff (1996), ‘Voluntary Export Restraints, Antidumping Procedure, and Domestic Politics’ PART VI POLITICAL ECONOMY OF ANTI-DUMPING: EMPIRICS 18. J.M. Finger, H. Keith Hall and Douglas R. Nelson (1982), ‘The Political Economy of Administered Protection’ 19. Wendy L. Hansen and Thomas J. Prusa (1997), ‘The Economics and Politics of Trade Policy: An Empirical Analysis of ITC Decision Making’ 20. Wendy L. Hansen and Kee Ok Park (1995), ‘Nation-State and Pluralistic Decision Making in Trade Policy: The Case of the International Trade Administration’ 21. P.K.M. Tharakan and J. Waelbroeck (1994), ‘Antidumping and Countervailing Duty Decisions in the E.C. and in the U.S.: An Experiment in Comparative Political Economy’ 22. Angelika Eymann and Ludger Schuknecht (1996), ‘Antidumping Policy in the European Community: Political Discretion or Technical Determination’ 23. Michael M. Knetter and Thomas J. Prusa (2003), ‘Macroeconomic Factors and Antidumping Filings: Evidence from Four Countries’ PART VII THE WTO: SPREAD OF ANTI-DUMPING AND CONTROL OF ANTI-DUMPING 24. J. Michael Finger and Kwok-Chiu Fung (1994), ‘Will GATT Enforcement Control Antidumping?’ 25. Thomas J. Prusa (2001), ‘On the Spread and Impact of Anti-dumping’ 26. Robert E. Baldwin (1998), ‘Imposing Multilateral Discipline on Administered Protection’ Name Index

Read more less

Book SynopsisThis book examines the Free Trade Area of the Americas (FTAA), an ambitious venture in regional market integration which builds on the principles of the North American Free Trade Agreement. It assesses the long-term corporate and public policy measures to cope with the increased monetary, fiscal and structural interdependence that will be required if the benefits of the FTAA are to be realized.The contributors suggest that with enlightened US leadership and the cooperation of Brazil, Mexico and Argentina, the FTAA could eventually match the EU in the world economy and as a multilateral leader. Initiatives to promote a culture of relational cooperation in a system of liberalized global commerce are stressed. In Latin America, there is an urgent need for such cooperation in order to enhance the region's lackluster growth rate and reduce the occurrences and severity of financial crises. The United States, Canada and Mexico will also benefit from the development of dynamic structural links with their regional neighbours. The authors highlight the importance for US policy initiatives to be complemented by constructive and harmonious corporate collaborations. This spirit of alliance capitalism will help ensure the FTAA promotes social justice as well as economic efficiency.This fully integrated volume, written by leading specialists in the field, will become an indispensable source for analysis of the prospects and role of the FTAA in the global economy. It will be warmly welcomed by informed readers such as international business experts, bankers, corporate executives, economists dealing with fiscal and monetary integration, and those interested in Latin American business.Table of ContentsContents: Foreword Preface 1. Potential for Hemispheric Regional Cooperation 2. The Political Economy of Development in Latin America 3. Structural Partnering Potential of the US Economy 4. Economic Integration in North America: Implications for the Americas 5. What Institutional Design for North America? 6. The Future of MERCOSUR 7. The European Experience of Economic Integration 8. Hemispheric Monetary Cooperation 9. Western Hemisphere Energy Development: The Continuing Search for Security 10. Hemispheric Alliance Capitalism and Structural Partnering 11. Developmental Issues Posed by the FTAA 12. The Hemisphere in the International Political Economy Index

Read more less

Book SynopsisThis major work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.The book includes extensive coverage of international trade issues, which are generally considered to be the core of international economic law, and focuses on such topics as barriers to trade, dispute settlement, trade and services, regionalism and remedies. It also goes significantly beyond these to look at related areas of the discipline; international investment, including discussion of regulatory issues and private rights of action; intellectual property issues relating to trade; commercial law; legal and economic aspects of international tax and international finance; the closely related areas of trade and international competition policy; international environmental law; and international telecommunications.Providing in many cases a unique interdisciplinary blend of analysis, the Handbook offers a cutting edge approach to international economic law, and an authoritative source of reference for scholars, graduate students and policymakers.Trade Review'Students, practitioners and scholars will find the the research handbook most useful in familiarising themselves with the many topics of international trade regulation and economic law. Written by leading experts in the field, it adds a concise and accessible voice to the growing body of highly specialised publications.' -- Thomas Cottier, University of Beirne, Switzerland'Undertaking a Research Handbook in International Economic Law is an enormous challenge, and I believe the scholars mobilized for this project have fully met that challenge. The selection of topics is comprehensive, the footnotes and bibliographies are careful and copious, and the writing is lucid, understandable by beginners as well as experts. As I go about revising my own treatise on international economic law, the Handbook will be my constant guide.' -- Andreas F. Lowenfeld, New York University, School of Law, US'Despite its rather modest title, the book Research Handbook in International Economic Law edited by Andrew T. Guzman and Alan O. Sykes is a remarkable collection which certainly will be welcomed as an important reference and analytical commentary for even those most knowledgeable about IEL. The editors have marshaled authors and co-authors for fourteen different chapters, covering virtually all the crucial subjects under international economic law. These authors are clearly well chosen for their respective expertise which is manifested in each chapter by describing and analyzing specific subject material with a merged perspective of law, economics and political science. However, this is also indeed a "handbook" in providing in accessible form and limited text length a detailed overview of subjects ranging from the essentials of international economics, to roadmaps for understanding the WTO, dispute settlement, investment, finance, competition, telecommunications and many more. The editors' ambition is truly impressive, and has been admirably realized.' -- John H. Jackson, Georgetown University Law Center, US'This book is an absolute gem. It takes the term international economic law seriously. Unlike any other book that I know of, this Handbook transcends the traditional, narrow focus on public trade law to include private commercial law, investment, competition, tax, IP, finance and international environmental law. In 14 comprehensive chapters, the law, policy and economics of 14 different issue areas are covered. Written by absolute leaders in their field, the Handbook offers an entry point for newcomers in each of those subject matters, yet does so at a level of sophistication, insight and comprehensiveness that should equally delight and enrich specialists.' -- Joost Pauwelyn, Duke University, School of Law, USTable of ContentsContents: Preface 1. International Trade: Barriers to Trade Michael Trebilcock and Michael Fishbein 2. International Trade: Trade Remedies Alan O. Sykes 3. International Trade: Trade in Services Bernard Hoekman and Aaditya Mattoo 4. International Trade: Regionalism Joel P. Trachtman 5. International Trade: Dispute Settlement Henrick Horn and Petros C. Mavroidis 6. International Investment Americo Beviglia Zampetti and Pierre Sauvé 7. International Commercial Law Robert K. Rasmussen 8. The Economic Underpinnings of International Taxation Julie A. Roin 9. International Finance: Rule Choices for Global Financial Markets Hal S. Scott 10. International Competition Law Andrew T. Guzman 11. Intellectual Property Rights in World Trade Frederick M. Abbott 12. Power and Cooperation in International Environmental Law Richard H. Steinberg 13. International Telecommunications Rohan Kariyawasam 14. Private Dispute Resolution in International Economic Law Diane P. Wood Index

Read more less

Book SynopsisThis book investigates the realm of intellectual property rights (IPRs) within the context of international political economy. In particular, it examines the extent to which powerful interest groups, such as pharmaceutical multinational companies, influence the political dynamism underlying the field of IPRs. Meir Perez Pugatch argues that a pure economic approach does not provide a sufficient or satisfactory explanation for the creation of intellectual property rights, most notably patents. The author instead suggests that a dynamic approach, based on the international political economy of interest groups and systemic outcomes, provides a better starting point for explaining how the international intellectual property agenda is determined. The book explores the manner in which the R&D-based pharmaceutical industry in Europe organised and operated between 1995 and 1999 in order to secure its interests with regard to the agreement on trade-related aspects of intellectual property rights (TRIPs) of the World Trade Organisation.The International Political Economy of Intellectual Property Rights will be warmly welcomed by scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law and international business. The potential readership is as likely to come from developed as from developing countries. The latter may find the process of IP policy making of particular interest and relevance given current international IP developments.Trade Review'The TRIPS agreement was the most controversial outcome of the Uruguay Round, and is seen by many informed observers as a poisoned chalice for the WTO. Meir Pugatch examines the European side of the lobbying process that produced it. Everyone interested in how business interests affect and even dominate the formation of public policy should read his study.' -- Brian Hindley, London School of Economics and Political Science, UK'This book is a substantial contribution to the discussion on trade-related intellectual property rights. It provides a clear, step-by-step, in-depth analysis of the TRIPS agreement, particularly as it relates to the European pharmaceutical industry. Politics, law and economics are judiciously blended. Meir Pugatch's work should be read not just by academic experts and students in the field, but also by trade policy and IPR practitioners interested in an accessible, policy-relevant treatment of the issues at hand.' -- Razeen Sally, London School of Economics and Political Science, UKTable of ContentsContents: Preface 1. Introduction 2. The Economic Theory of IPRs (Patents and Trademarks) 3. Economic and Political Explanations for the Emergence of a Stronger International IP System 4. The Advanced Pharmaceutical Industry in Europe and IPRs 5. Core IP Interests and the Organizational Structure of the Advanced Pharmaceutical Industry in Europe 6. TRIPs and Pharmaceuticals 7. Opposition of Developing Countries and LDCs to the TRIPs Pharmaceutical IP Agenda 8. Protecting the International Pharmaceutical IP Agenda of TRIPs: Strategies and Activities of the Advanced Pharmaceutical Industry in Europe between 1995 and 1999 9. The Dynamics of Change within the Framework of IPRs References Annex I: Interviews Index

Read more less

Book SynopsisThis path-breaking book focuses on the WTO, e-commerce and information communications technologies. It sheds light on how international economic law can be used as a tool in the application of technological processes to facilitate development in developing countries.Rohan Kariyawasam begins by looking predominantly at the rise of international digital networks. He offers an introduction to the networks used in the delivery of electronic products and network-based transactions, and the application of WTO law to the sector. He then suggests how developing countries can use economic law and technology to tap digital markets in the developed world. The book also argues that the advance of basic living standards in some developing countries can be achieved through technological processes, but that this cannot happen without such states paying greater attention to the enforcement of economic, social and cultural rights at home. Picking up the property rights debate (including through bilateral trade), the author argues that ensuring beneficial technology transfer will require balancing foreign investor rights to protect intellectual property. It will also involve restrictions imposed by competition law and WTO surveillance to check the possible misuse of market power by multinational companies. The proposed mixture of measures should, he argues, provide incentives for Foreign Direct Investment.Providing a thorough review of the application of WTO law to the telecommunications sector and the regulation of international digital networks, this book will be of great interest to postgraduate students in international economic law and international development law, as well as those interested in human rights law and technology. It will also appeal to government regulators, NGOs and technologists interested in ICTs and development.Trade Review'In this well researched book, the author explains the digital divide and its repercussions for developed and developing nations. In his view, the overzealous disciplining at the WTO-level of instruments affecting trade notwithstanding, developing countries still have important tools in their hands (intellectual property protection, competition policies, tax regimes) that can help them attract foreign direct investment, a crucial ingredient in reducing the current divide. Borrowing from the institutions that we have seen developed in international economic relations is highly recommended as well. In short, whether the divide will continue to persist or, conversely, whether it will gradually become a historical feature of international relations critically depends on the political will on both sides (of the divide). The author makes a persuasive argument to support his thesis, empirically researched and with strong foundations in theory.' -- Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, SwitzerlandTable of ContentsContents: PART I: OVERVIEW 1. Introduction and Book Overview 2. The Rise of International Digital Networks and the Digital Divide PART II: THE REGULATION OF TECHNOLOGY PROCESSES 3. International Telecommunications 4. Overview of the European Framework for Electronic Communications Markets 5. A New Layering Theory for Regulating Communications Networks 6. The Classification of Electronic Goods and Services PART III: DEVELOPING COUNTRIES 7. Developing Countries and Telecommunications 8. Technology Transfer to Developing Countries 9. Bilateralism and Intellectual Property Rights 10. International Development PART IV 11. Conclusion Bibliography Index

Read more less

Book SynopsisTrade and environment issues are achieving ever greater prominence in the WTO. This timely volume contains key papers on this important and highly contentious issue.There is a natural linkage between trade and environment through the use of policy instruments. But when does more trade help or hurt the environment? There is clash between the market-opening principles of free trade, as reflected in the WTO, and the environmental quality and market regulating instincts of environmentalists. This volume examines the conceptual issues involved, as well as the manner in which the subject has been handled by the WTO. It will be an invaluable source of reference for students and researchers alike.Trade Review'Trade and environment is a topic on which people hold strong opinions, often based on fundamental misunderstandings. The editors of this volume - both distinguished experts on the subject - have collected an impressive group of papers that provide a framework for improved dialogue. These cover the basic principles, empirical tests of key hypotheses, and evaluations of the most important institutions, drawing from the disciplines of both economics and international law. A welcome resource.' -- Scott Barrett, Johns Hopkins University, US'Of all the issues to have risen up the global agenda in recent years, the link between trade and the environment is the most debated. Debates need sound science and good information. This book provides both. It is an excellent compilation of the salient contributions to this important topic.' -- The late David Pearce, formerly of University College London, UK'This splendid collection of 28 papers brings a wide range of perspectives to bear on the acrimonious debate over the impact of international trade on the global environment. The careful analyses in these papers contribute to a real understanding of the issue in contrast to what is often, unfortunately, simply a clash of ideologies.' -- Wallace E. Oates, University of Maryland, College Park and Resources for the Future, USTable of ContentsContents: Acknowledgements Introduction Trade and the Environment: Seeing Red Over Green Gary Sampson and John Whalley PART I GENERAL LINKAGE DISCUSSION 1. Werner Antweiler, Brian R. Copeland and M. Scott Taylor (2001), ‘Is Free Trade Good for the Environment?’ 2. Hiro Lee and David W. Roland-Holst (1997), ‘Trade and the Environment’ 3. Carlo Perroni and Randall M. Wigle (1994), ‘International Trade and Environmental Quality: How Important are the Linkages?’ 4. Richard H. Snape (1992), ‘The Environment, International Trade and Competitiveness’ 5. Arvind Subramanian (1992), ‘Trade Measures for Environment: A Nearly Empty Box?’ 6. James A. Tobey (1990), ‘The Effects of Domestic Environmental Policies on Patterns of World Trade: An Empirical Test’ 7. John Whalley (1996), ‘Trade and Environment Beyond Singapore’ PART II QUANTIFYING THE DIMENSIONS OF LINKAGE 8. Lisandro Abrego, Carlo Perroni, John Whalley and Randall M. Wigle (2001), ‘Trade and Environment: Bargaining Outcomes from Linked Negotiations’ 9. Lars Bergman (1991), ‘General Equilibrium Effects of Environmental Policy: A CGE-Modeling Approach’ 10. Brian R. Copeland and M. Scott Taylor (1999), ‘Trade, Spatial Separation, and the Environment’ 11. John Whalley (1991), ‘The Interface between Environmental and Trade Policies’ PART III SPECIFIC STUDIES OF LINKAGE 12. John Beghin, David Roland-Holst and Dominique van der Mensbrugghe (1995), ‘Trade Liberalization and the Environment in the Pacific Basin: Coordinated Approaches to Mexican Trade and Environment Policy’ 13. Gene M. Grossman and Alan B. Krueger (1993), ‘Environmental Impacts of a North American Free Trade Agreement’ 14. Hemamala Hettige, Robert E.B. Lucas and David Wheeler (1992), ‘The Toxic Intensity of Industrial Production: Global Patterns, Trends, and Trade Policy’ 15. Patrick Low (1992), ‘Trade Measures and Environmental Quality: The Implications for Mexico’s Exports’ 16. Robert E.B. Lucas, David Wheeler and Hemamala Hettige (1992), ‘Economic Development, Environmental Regulation and the International Migration of Toxic Industrial Pollution: 1960–88’ PART IV INSTITUTIONAL BACKGROUND 17. Jagdish Bhagwati and T.N. Srinivasan (1996), ‘Trade and the Environment: Does Environmental Diversity Detract from the Case for Free Trade?’ 18. Steve Charnovitz (1998), ‘The World Trade Organization and the Environment’ 19. GATT (1992), ‘Trade and the Environment’ PART V SETTLING DISPUTES 20. James Cameron (1998), ‘Dispute Settlement and Conflicting Trade and Environment Regimes’ PART VI WTO AND MULTILATERAL ENVIRONMENT AGREEMENTS 21. Duncan Brack (2000), ‘Multilateral Environmental Agreements: An Overview’ 22. Gary P. Sampson (2001), ‘Effective Multilateral Environment Agreements and Why the WTO Needs Them’ 23. Graham Dutfield (2002), ‘Sharing the Benefits of Biodiversity: Is there a Role for the Patent System?’ PART VII DEVELOPING COUNTRY CONCERNS 24. Arthur E. Appleton (2002), ‘Environmental Labelling Schemes Revisited: WTO Law and Developing Country Implications’ 25. Magda Shahin (2002), ‘Trade and Environment: How Real Is the Debate?’ PART VIII SYSTEMIC 26. Daniel C. Esty (1998), ‘Non-Governmental Organizations at the World Trade Organization: Cooperation, Competition, or Exclusion’ 27. Howard Mann (2000), ‘NAFTA and the Environment: Lessons for the Future’ 28. C. Ford Runge (2001), ‘A Global Environment Organization (GEO) and the World Trading System’ Name Index

Read more less

Book SynopsisThis inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and international political economy. The authors shed new light on the legal, economic and institutional issues raised by globalisation, extending into areas previously considered as national issues. They discuss how the development of the norms, institutions and reach of the global system will be influenced by the domestic and international concerns arising from the increasing integration of countries in the new century.With contributions from lawyers, economists and other experts in the field, this book will be welcomed by academics, students, researchers, and policymakers who are interested in a comprehensive volume on economic globalisation. It will also appeal to a wider audience, such as executive education courses, as well as business and law schools.Trade Review'The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization.' -- American Society of International Law'This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all academics and policy-makers working on global affairs.' -- Alan Winters, University of Sussex, Chief Economist, UK Department for International Development and Former Head of Research, the World BankTable of ContentsContents: 1. Introduction Linda Yueh PART I: CHALLENGES OF INTERNATIONAL ECONOMIC LAW: WTO AND GLOBAL TRADE 2. The Legitimacy of WTO Thomas Cottier 3. Constitutionalism and the Regulation of International Markets: How to Define the ‘Development Objectives’ of the World Trading System? Ernst-Ulrich Petersmann 4. Negotiation or Litigation? The Curiously Evolving Governance of the WTO Kamala Dawar and Peter Holmes 5. Global Trade Policy in the New Century Razeen Sally PART II: ISSUES CONFRONTING GOVERNANCE AND ENFORCEMENT 6. The Development of IMF and World Bank Conditionality Axel Dreher 7. How Globalisation Improves Governance Federico Bonaglia, Jorge Braga de Macedo and Maurizio Bussolo 8. Intellectual Property Enforcement in a Global Economy: Lessons from the BRIC Nations Robert C. Bird PART III: EVALUATING GLOBALISATION, THE GLOBAL ECONOMY AND ECONOMIC GROWTH 9. Dark Matter. Does it Matter? Graeme Chamberlin 10. Two Scientists for Every Man, Woman and Dog in America? How Sustainable is Globalisation? Raphael Kaplinsky 11. Globalisation of the World Economy: Potential Benefits and Costs and a Net Assessment Michael D. Intriligator 12. International Economic Law and Economic Growth Linda Yueh Index

Read more less

Book SynopsisThis insightful volume is a careful selection of the major contributions to the controversy as to whether regional trade agreements harm the multilateral system of trade negotiation. It focuses on key topics such as: the theory of preferential trade agreements; regionalism and multilateralism; the effects of regionalism on the multilateral system; the effects of multilateralism on regionalism; rules of origin and empirical analyses. Scholars and practitioners alike will find this an invaluable set of papers.Table of ContentsContents: Acknowledgements Introduction Caroline Freund PART I THE THEORY OF PREFERENTIAL TRADE AGREEMENTS 1. Jacob Viner (1950), ‘The Economics of Customs Unions’ 2. W.M. Corden (1972), ‘Economies of Scale and Customs Union Theory’ 3. Murray C. Kemp and Henry Y. Wan, Jr. (1976), ‘An Elementary Proposition Concerning the Formation of Customs Unions’ 4. Paul Wonnacott and Ronald Wonnacott (1981), ‘Is Unilateral Tariff Reduction Preferable to a Customs Union? The Curious Case of Missing Foreign Tariffs’ PART II THE GATT’S ARTICLE XXIV 5. Richard H. Snape (1993), ‘History and Economics of GATT’s Article XXIV’ PART III OVERVIEW OF REGIONALISM AND MULTILATERALISM 6. J. Bhagwati and A. Panagariya (1999), ‘Preferential Trading Areas and Multilateralism: Strangers, Friends or Foes?’ 7. Arvind Panagariya (2000), ‘Preferential Trade Liberalization: The Traditional Theory and New Developments’ PART IV THE EFFECTS OF REGIONALISM ON THE MULTILATERAL SYSTEM 8. Martin Richardson (1993), ‘Endogenous Protection and Trade Diversion’ 9. Richard E. Baldwin (1995), ‘A Domino Theory of Regionalism’ 10. Arvind Panagariya and Ronald Findlay (1996), ‘A Political-Economy Analysis of Free-Trade Areas and Customs Unions’ 11. Kyle Bagwell and Robert W. Staiger (1997), ‘Multilateral Tariff Cooperation During the Formation of Customs Unions’ 12. Philip I. Levy (1997), ‘A Political-Economic Analysis of Free-Trade Agreements’ 13. Pravin Krishna (1998), ‘Regionalism and Multilateralism: A Political Economy Approach’ PART V THE EFFECTS OF MULTILATERALISM ON REGIONALISM 14. Wilfred J. Ethier (1998), ‘Regionalism in a Multilateral World’ 15. Caroline Freund (2000), ‘Multilateralism and the Endogenous Formation of Preferential Trade Agreements’ PART VI NATURAL TRADE PARTNERS 16. Paul Wonnacott and Mark Lutz (1989), ‘Is There a Case for Free Trade Areas?’ 17. Lawrence H. Summers (1991), ‘Regionalism and the World Trading System’ 18. Paul Krugman (1993), ‘Regionalism versus Multilateralism: Analytical Notes’ 19. Jeffrey Frankel, Ernesto Stein, and Shang-jin Wei (1995), ‘Trading Blocs and the Americas: The Natural, The Unnatural and the Supernatural’ 20. Robert Z. Lawrence (1996), ‘Regionalism and the WTO: Should the Rules Be Changed?’ PART VII RULES OF ORIGIN 21. Anne O. Krueger (1999), ‘Free Trade Agreements as Protectionist Devices: Rules of Origin’ 22. A. Estvadeordal and K. Suominen (2006), ‘Mapping and Measuring Rules of Origin Around the World’ PART VIII EMPIRICAL ANALYSES 23. T.N. Srinivasan, John Whalley and Ian Wooton (1993), ‘Measuring the Effects of Regionalism on Trade and Welfare’ 24. Alexander J. Yeats (1998), ‘Does Mercosur’s Trade Performance Raise Concerns about the Effects of Regional Trade Agreements?’ 25. Faezeh Foroutan (1998), ‘Does Membership in a Regional Preferential Trade Arrangement Make a Country More or Less Protectionist?’ 26. Won Chang and L. Alan Winters (2002), ‘How Regional Blocs Affect Excluded Countries: The Price Effects of MERCOSUR’ 27. Alok K. Bohara, Kishore Gawande and Pablo Sanguinetti (2004), ‘Trade Diversion and Declining Tariffs: Evidence from Mercosur’ 28. Nuno Limão (2006), ‘Preferential Trade Agreements as Stumbling Blocks for Multilateral Trade Liberalization: Evidence for the United States’ Name Index

Read more less

Book SynopsisThis indispensable volume brings together the key contributions to the academic literature on the subject of the political economy of trade policy. Topics covered include unilateral and multilateral trade policies, international trade agreements and administered protection. In their comprehensive introduction, the editors present an insightful discussion of the political economy approach, the development of multilateral trade agreements, the trade and internal motives that guide unilateral trade policy and the features that characterise unilateralism. This volume is essential for professors, researchers and policymakers concerned with international trade policy.Table of ContentsContents: Acknowledgements Introduction Wilfred J. Ethier and Arye L. Hillman PART I UNILATERAL TRADE POLICIES 1. Harry G. Johnson (1953–4), ‘Optimum Tariffs and Retaliation’ 2. Richard E. Caves (1976), ‘Economic Models of Political Choice: Canada’s Tariff Structure’ 3. William A. Brock and Stephen P. Magee (1978), ‘The Economics of Special Interest Politics: The Case of the Tariff’ 4. Arye L. Hillman (1982), ‘Declining Industries and Political-Support Protectionist Motives’ 5. Wolfgang Mayer (1984), ‘Endogenous Tariff Formation’ 6. James H. Cassing and Arye L. Hillman (1986), ‘Shifting Comparative Advantage and Senescent Industry Collapse’ 7. Jonathan Eaton and Gene M. Grossman (1986), ‘Optimal Trade and Industrial Policy Under Oligopoly’ 8. Arye L. Hillman and Heinrich W. Ursprung (1988), ‘Domestic Politics, Foreign Interests and International Trade Policy’ 9. Gene M. Grossman and Elhanan Helpman (1994), ‘Protection for Sale’ 10. James H. Cassing (1996), ‘Protectionist Mutual Funds’ 11. Pinelopi Koujianou Goldberg and Giovanni Maggi (1999), ‘Protection for Sale: An Empirical Investigation’ 12. JoAnne Feeney and Arye L. Hillman (2004), ‘Trade Liberalization Through Asset Markets’ 13. Wilfred J. Ethier (2006), ‘Selling “Protection for Sale”’ PART II INTERNATIONAL TRADE AGREEMENTS 14. Wolfgang Mayer (1981), ‘Theoretical Considerations on Negotiated Tariff Adjustments’ 15. Avinash Dixit (1987), ‘Strategic Aspects of Trade Policy’ 16. Gene M. Grossman and Elhanan Helpman (1995), ‘Trade Wars and Trade Talks’ 17. Arye L. Hillman and Peter Moser (1996), ‘Trade Liberalization as Politically Optimal Exchange of Market Access’ 18. Giovanni Maggi and Andrés Rodríguez-Clare (1998), ‘The Value of Trade Agreements in the Presence of Political Pressures’ 19. Kyle Bagwell and Robert W. Staiger (1999), ‘An Economic Theory of GATT’ 20. Wilfred J. Ethier (2004), ‘Political Externalities, Nondiscrimination and a Multilateral World’ PART III NONDISCRIMINATION IN MULTILATERAL TRADE AGREEMENTS 21. Warren F. Schwartz and Alan O. Sykes (1996), ‘Toward a Positive Theory of the Most Favored Nation Obligation and Its Exceptions in the WTO/GATT System’ 22. Henrik Horn and Petros C. Mavroidis (2001), ‘Economic and Legal Aspects of the Most-Favored-Nation Clause’ PART IV ADMINISTERED PROTECTION AND MULTILATERAL TRADE AGREEMENTS 23. J.M. Finger, H. Keith Hall and Douglas R. Nelson (1982), ‘The Political Economy of Administered Protection’ 24. Robert W. Staiger and Guido Tabellini (1987), ‘Discretionary Trade Policy and Excessive Protection’ 25. Kyle Bagwell and Robert W. Staiger (1990), ‘A Theory of Managed Trade’ 26. Wilfred J. Ethier (1991), ‘The Economics and Political Economy of Managed Trade’ 27. Steven Berry, James Levinsohn and Ariel Pakes (1999), ‘Voluntary Export Restraints on Automobiles: Evaluating a Trade Policy’ 28. Wilfred J. Ethier (2002), ‘Unilateralism in a Multilateral World’ Name Index

Read more less

Book SynopsisThis authoritative collection demonstrates the increasing application of the law and economics methodology to the problems of developing countries. At the foundation of this application is the institutional approach to economic development, which emphasises the success or failure of key institutions in facilitating development. The impact on future research will be far-reaching and is expected to dominate the debate on development issues for a long time to come. There has been an outpouring of literature, both theoretical and empirical, that examines various facets of development from an institutional perspective and emphasises the crucial role played by the legal system in the economic development of nations. The editors have drawn together a careful selection of the key papers for inclusion in this volume, which will be an invaluable reference for lawyers, economists and development practitioners.Trade Review'This is an impressive collection of articles on a subject of vital importance for the welfare of the world's poor.' -- Deepak Lal, University of California, Los Angeles, USTable of ContentsContents: Acknowledgements Introduction Hans-Bernd Schäfer and Angara V. Raja PART I LEGAL SYSTEMS, ECONOMIC GROWTH AND DEVELOPMENT A The Importance of Legal Systems and Their Impact on Growth and Development 1. Frank B. Cross (2002), ‘Law and Economic Growth’ 2. Pranab K. Bardhan (2000), ‘Understanding Underdevelopment: Challenges for Institutional Economics From the Point of View of Poor Countries’ 3. Richard A. Posner (1998), ‘Creating a Legal Framework for Economic Development’ B Legal Reforms and Obstacles to Reform 4. Kevin E. Davis and Michael J. Trebilcock (2001), ‘Legal Reforms and Development’ 5. Avinash Dixit (2003), ‘Some Lessons From Transaction-Cost Politics For Less-Developed Countries’ 6. Jonathan R. Hay and Andrei Shleifer (1998), ‘Private Enforcement of Public Laws: A Theory of Legal Reform’ C Corruption, Capture and Rent-Seeking 7. Andrei Shleifer and Robert W. Vishny (1993), ‘Corruption’ 8. Pranab Bardhan (1997), ‘Corruption and Development: A Review of Issues’ 9. Anne O. Krueger (1974), ‘The Political Economy of the Rent-Seeking Society’ PART II LAW AND FINANCE A Finance, Growth, Development and the Law 10. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 11. Ross Levine (1999), ‘Law, Finance, and Economic Growth’ 12. Ross Levine (1998), ‘The Legal Environment, Banks, and Long-Run Economic Growth’ 13. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1997), ‘Legal Determinants of External Finance’ B Corporate Governance, Capital Markets and Bankruptcy 14. Andrei Shleifer and Robert W. Vishny (1997), ‘A Survey of Corporate Governance’ 15. Simon Johnson, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2000), ‘Tunneling’ 16. Simon Johnson, Peter Boone, Alasdair Breach and Eric Friedman (2000), ‘Corporate Governance in the Asian Financial Crisis’ 17. Elazar Berkovitch and Ronen Israel (1999), ‘Optimal Bankruptcy Laws Across Different Economic Systems’ PART III PROPERTY AND CONTRACTS 18. Gerald P. O’Driscoll Jr. and Lee Hoskins (2003), ‘Property Rights: The Key to Economic Development’ 19. Andrzej Rapaczynski (1996), ‘The Roles of the State and the Market in Establishing Property Rights’ 20. Simon Johnson, John McMillan and Christopher Woodruff (2002), ‘Courts and Relational Contracts’ 21. Eric Van Tassel (2004), ‘Credit Access and Transferable Land Rights’ PART IV THE PREDATORY STATE, LEGAL PROCESS, JUDICIARY AND SUBSTITUTES TO LEGAL PROTECTION 22. Edgardo Buscaglia (2001), ‘An Analysis of Judicial Corruption and Its Causes: An Objective Governing-Based Approach’ 23. Cheryl W. Gray (1991), ‘Legal Process and Economic Development: A Case Study of Indonesia’ 24. Douglas Marcouiller and Leslie Young (1995), ‘The Black Hole of Graft: The Predatory State and the Informal Economy’ 25. Timothy Frye and Andrei Shleifer (1997), ‘The Invisible Hand and the Grabbing Hand’ 26. Oriana Bandiera (2003), ‘Land Reform, the Market for Protection, and the Origins of the Sicilian Mafia: Theory and Evidence’ 27. Timothy Frye and Ekaterina Zhuravskaya (2000), ‘Rackets, Regulation, and the Rule of Law’ Name Index

Read more less

Book SynopsisThis Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS - a pivotal international agreement on intellectual property rights.TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.This reference book is a major authoritative work that is clearly organised and presented, allowing users to navigate quickly to commentary on any element of TRIPS. The book begins with a context-setting section, providing guidance on interpreting TRIPS. It considers the salient elements of the Vienna Convention on the Law of Treaties, the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, and the preamble to the Agreement Establishing the WTO. The book then follows the seven part structure of TRIPS, and provides an article-by-article analysis of each of its 73 provisions and specifically addresses the interpretation of key phrases in each article.An essential resource for practitioners and scholars, this detailed and exhaustive volume will also prove invaluable to academics and students of intellectual property law, international law and trade law. It is a first point of reference for anyone needing to know more about TRIPS.Contents: 1. General Provisions and Basic Principles 2. Standards Concerning the Availability, Scope and Use of Intellectual Property Rights 3. Enforcement of Intellectual Property Rights 4. Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures 5. Dispute Prevention and Settlement 6. Transitional Arrangements 7. Institutional Arrangements; Final ProvisionsTrade Review‘This excellent and extensive commentary on the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a valuable addition to the field. . . this reviewer very much enjoyed the book and looks forward to consulting it further in the future, particularly as reliance on TRIPS continues to develop in European practice.’ -- Christopher Stothers, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. General Provisions and Basic Principles 2. Standards Concerning the Availability, Scope and Use of Intellectual Property Rights 3. Enforcement of Intellectual Property Rights 4. Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures 5. Dispute Prevention and Settlement 6. Transitional Arrangements 7. Institutional Arrangements; Final Provisions

Read more less

Book SynopsisScholars and policymakers have long been interested in the relationship between international institutions, foreign trade, and interstate conflict. This timely volume presents the most important published articles that address these crucial issues. The articles are organized into three parts. The first part presents and evaluates the core theoretical arguments about the linkage between foreign economic relations and political-military hostilities. The second part addresses the origins of various international institutions designed to influence global commerce, how these institutions operate, and the extent to which they shape the flow and content of overseas trade. The final part analyzes how economic disputes are settled within the World Trade Organization.Trade Review'This is an outstanding collection of the most important articles on trade, conflict, and the WTO. It will be a valuable tool for students and scholars alike.' -- David A. Baldwin, Princeton University, USTable of ContentsContents: Acknowledgements Introduction Marc L. Busch and Edward D. Mansfield PART I ECONOMIC INTERDEPENDENCE AND CONFLICT 1. Robert O. Keohane (1990), ‘International Liberalism Reconsidered’ 2. Kenneth N. Waltz (1970), ‘The Myth of National Interdependence’ 3. Barry Buzan (1984), ‘Economic Structure and International Security: The Limits of the Liberal Case’ 4. Edward D. Mansfield and Brian M. Pollins (2001), ‘The Study of Interdependence and Conflict: Recent Advances, Open Questions and Directions for Future Research’ 5. Solomon William Polachek (1980), ‘Conflict and Trade’ 6. John R. Oneal and Bruce Russett (1999), ‘The Kantian Peace: The Pacific Benefits of Democracy, Interdependence, and International Organizations, 1885–1992’ 7. Mark J. Gasiorowski (1986), ‘Economic Interdependence and International Conflict: Some Cross-National Evidence’ 8. Edward D. Mansfield and Jon C. Pevehouse (2000), ‘Trade Blocs, Trade Flows, and International Conflict’ 9. Erik Gartzke, Quan Li and Charles Boehmer (2001), ‘Investing in the Peace: Economic Interdependence and International Conflict’ PART II TRADE AND INSTITUTIONS 10. Kyle Bagwell, Petros C. Mavroidis and Robert W. Staiger (2002), ‘It’s a Question of Market Access’ 11. Andrew K. Rose (2003), ‘Do We Really Know That the WTO Increases Trade?’ 12. Judith L. Goldstein, Douglas Rivers and Michael Tomz (2007), ‘Institutions in International Relations: Understanding the Effects of the GATT and the WTO on World Trade’ 13. Edward D. Mansfield, Helen V. Milner and B. Peter Rosendorff (2002), ‘Why Democracies Cooperate More: Electoral Control and International Trade Agreements’ 14. Christina L. Davis (2004), ‘International Institutions and Issue Linkage: Building Support for Agricultural Trade Liberalization’ 15. Robert E. Hudec and James D. Southwick (1999), ‘Regionalism and WTO Rules: Problems in the Fine Art of Discriminating Fairly’ 16. Çaglar Özden and Eric Reinhardt (2005), ‘The Perversity of Preferences: GSP and Developing Country Trade Policies, 1976–2000’ 17. Bruce A. Blonigen and Chad P. Bown (2003), ‘Antidumping and Retaliation Threats’ PART III DISPUTE SETTLEMENT 18. Robert E. Hudec (1987), ‘“Transcending the Ostensible”: Some Reflections on the Nature of Litigation between Governments’ 19. B. Peter Rosendorff (2005), ‘Stability and Rigidity: Politics and Design of the WTO’s Dispute Settlement Procedure’ 20. Chad P. Bown (2004), ‘On the Economic Success of GATT/WTO Dispute Settlement’ 21. Marc L. Busch and Eric Reinhardt (2003), ‘Developing Countries and General Agreement on Tariffs and Trade/World Trade Organization Dispute Settlement’ 22. Andrew T. Guzman and Beth A. Simmons (2005), ‘Power Plays and Capacity Constraints: The Selection of Defendants in World Trade Organization Disputes’ 23. James McCall Smith (2003), ‘WTO Dispute Settlement: The Politics of Procedure in Appellate Body Rulings’ 24. Judith Goldstein and Lisa L. Martin (2000), ‘Legalization, Trade Liberalization, and Domestic Politics: A Cautionary Note’ Name Index

Read more less

Book SynopsisThe first East Asia Summit in 2005 prompted discussions of enlargement of ASEAN free trade agreements to include all major trading blocs and their regional and global implications. In this timely and original study, Tran Van Hoa and Charles Harvie explore the likely effects of new regional development.With more than half of the world's consumption and production market, well-defined trade agreements in Asia remain crucial to the economic growth and stability of the area. This book contains scholarly and well-researched contributions from internationally renowned experts from ASEAN, East and South Asia and Oceania who discuss this major new development and its impact on trade, investment, services, development, industry, poverty and economic relations. An important collection of new research, this volume will be used by economists, trade experts, academics, students, government advisers, policymakers and all those interested in these significant contemporary developments and their far-ranging implications in an enlarged Asia.Trade Review'The book provides a useful contribution on a region likely to attract increasing attention in future.' -- Benoit Rousseau Leduc, East Asian Integration Review'In this very readable contribution many of the region's superior minds have looked deeply into some of the most important trade issues facing Asia in the coming years.' -- From the foreword by Professor the Hon. Stephen Martin, Victoria University, AustraliaTable of ContentsContents: Foreword Stephen Martin PART I: REGIONAL ECONOMIC INTEGRATION ISSUES 1. Regional Trade Agreements in Asia: An Overview Tran Van Hoa and Charles Harvie 2. The WTO, Regional Trade Agreements and an Enlarged ASEAN Tran Van Hoa 3. Deep Integration in Regional Trading Agreements Peter Lloyd 4. China’s Global Competitiveness and Regional Trade and Investment Yanyun Zhao PART II: ECONOMIC, TRADE, INVESTMENT AND INTEGRATION ISSUES FOR ENLARGED ASEAN MEMBERS 5. India’s Poor and Gains from Trade with ASEAN Shovan Ray 6. Aspects of an Enlarged ASEAN: a Perspective from Thailand Apichai Puntasen, Wichada Lewnanonchai and Thanawan Rattanawarinchai 7. Agricultural Issues in an Enlarged ASEAN: The Case of Vietnam Nguyen Manh Hai and Tran Van Hoa 8. Prospects for an AFTA-CER Free Trade Agreement Charles Harvie PART III: MICRO, FINANCE, MANAGEMENT AND SECTORAL ISSUES IN AN ENLARGED ASEAN 9. SMEs in Regional Trade and Investment Development Charles Harvie 10. Asian Reserves and the Dollar: Issues in an Enlarged ASEAN Ashima Goyal 11. TRIPS-plus: Free Trade Agreements Jeopardizing Public Health in Developing Nations Prabodh Malhotra and Bhajan Grewal 12. The Micro-finance Movement in China: Lessons and Initiatives for an Enlarged ASEAN Enjiang Cheng 13. China’s Corporate Culture and Implications for Trade and Investment in the Asian Region Guirong Li and Xianfeng Wei PART IV: CONCLUSIONS AND PROSPECTS 14. Challenges and Opportunities from an Enlarged ASEAN Tran Van Hoa Index

Read more less

Book SynopsisConsumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies.The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.Trade Review‘The Handbook of Research on International Consumer Law is one of an extensive series of “Handbooks of Research” published by Edward Elgar. This volume is a very welcome addition to the series, and offers consumer and commercial law scholars much useful material and comment. One of its many attractions is the wide range of topics covered in its 18 chapters. . . the Handbook of Research on International Consumer Law is an excellent addition to any library. It is particularly useful as a teaching resource, as well as a first port of call for the latest academic research in the field.’ -- Gillian Black, The Edinburgh Law Review‘This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today’s consumer law are presented to the reader, including developing countries - a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such “bread and butter areas” as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like “services of general internet” where consumers and private users should enjoy equal access to “universal services”, with the “internet” where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from “investor protection” to “investor confidence”. A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis!’ -- Norbert Reich, University of Bremen, Germany‘This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world.’ -- Stephen Weatherill, University of Oxford, UKTable of ContentsContents: Preface 1. Consumer Law in its International Dimension Geraint Howells, Iain Ramsay and Thomas Wilhelmsson 2. Consumer Protection and Human Rights Iris Benöhr and Hans-W. Micklitz 3. Development and Consumer Law Sothi Rachagan 4. The Consumer and Competition Law Angus MacCulloch 5. Misleading and Unfair Advertising James P. Nehf 6. Protecting Rational Choice: Information and the Right of Withdrawal Christian Twigg-Flesner and Reiner Schulze 7. Unfair Terms and Standard Form Contracts Thomas Wilhelmsson and Chris Willett 8. Sales and Guarantees Cynthia Hawes and Christian Twigg-Flesner 9. Products Liability Law in America and Europe Geraint Howells and David G. Owen 10. Product Safety Regulation Luke Nottage 11. Consumers and Services of General Interest Peter Rott and Chris Willett 12. Consumer Protection and the Internet Patrick Quirk and John A. Rothchild 13. Regulation of Consumer Credit Iain Ramsay 14. Personal Insolvency Johanna Niemi 15. Financial Services Regulation and the Investor as Consumer Dimity Kingsford Smith 16. Individual Consumer Redress Peter Spiller and Kate Tokeley 17. Using Class Actions to Enforce Consumer Protection Law Deborah R. Hensler 18. Enforcing Consumer Protection Laws Colin Scott Index

Read more less

Book SynopsisIn this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors' choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements.The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal or more protectionist in the application of trade remedies, the WTO adjudicator on numerous occasions was faced with similar policy problems in applying the general rules to the facts of the case before them. The authors point out that the adjudicating bodies have insisted on the unfair character of dumping in order to substantiate their relatively deferential standard of review. In the anti-dumping / countervailing duties context, case law has generally emphasized the limited character of the obligations on investigating authorities. This implies that domestic investigating authorities, following the evolution of case law, are now facing a deferential standard of review when imposing anti-dumping and countervailing duties.The book offers a contrasting view of the Agreement on Safeguards, an instrument the use of which, according to the authors, could, in principle, be defensible: WTO Members will have extra incentives to make commitments within a flexible contract. Moreover, safeguards can, in their view, help ease the pressures from domestic lobbies by facilitating (sometimes necessary) adjustment costs. However, the case law is described by the authors as having adopted a rather inflexible stance, the end result of which is that no imposition of safeguards has survived the test of consistency with WTO law. They identify the apparent rationale for the case law as an over-insistence on what they label the highly uninformative fair/unfair trade distinction.The economic analysis employed by the authors would suggest that - in the light of the unsatisfactory nature of anti-dumping measures, contrasted with the positive incentives inherent in safeguards - ultimately one could envisage merging the three instruments of contingent protection into one new safeguards instrument. Equally, they argue, this economic approach, combined with legal doctrine, offers great insight into the current provisions, allowing them to be interpreted in a more coherent and meaningful manner.Trade Review'All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case "law" of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field.' -- Christoph Herrmann, Common Market Law Review'Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone.' -- Chad P. Bown, The World Bank, US'The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas.' -- Michael Trebilcock, University of Toronto, Canada'Trade barriers that are contingent on the existence of specific conditions - dumping by, or subsidization of, exporters, and injury of domestic firms - have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area.' -- Bernard Hoekman, The World Bank, USTable of ContentsContents: PART I: ANTI-DUMPING 1. General introduction 2. Dumping 3. Injury and Causality Analysis 4. Procedural Obligations – The Tasks of the Domestic Investigating Authority 5. Conclusions PART II: SUBSIDIES 6. General Introduction to the Agreement on Subsidies and Countervailing Measures: ‘Thou Shall Not Subsidize’ 7. Conditions for Imposition of Countervailing Measures 8. Procedural Requirements Relevant to the Countervailing Duty Investigation 9. Counteracting Subsidies – A Two-track Approach 10. Thou Shall Not be Punished in Any Other Way 11. Special and Differential Treatment 12. Standard of Review 13. Concluding Remarks PART III: SAFEGUARDS 14. The Rationale for Safeguards 15. The Regulation of Safeguards in the WTO 16. Conclusions References Index

Read more less

Book SynopsisThis book examines and critiques the WTO's Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement's science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.Trade Review'This detailed and fully referenced text is a valuable resource both for practitioners and academics.' -- Michael Blakeney, International Trade Law and Regulation'Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read.' -- Geert Van Calster, Katholieke Universiteit, Leuven, BelgiumTable of ContentsContents: Part I: Background and Overview 1. Introduction 2. What’s Health Got to do With It? The Linkage between Health and International Trade 3. Through the (Historical) Looking-Glass: Health and Trade in Context 4. Looking to the Future: Forces of Change Part II: Health and Trade: Conflicting Objectives? 5. Foundations of Tension between Health Protection and Trade Liberalization 6. Identifying Tension: The ‘Difficult’ (or ‘Amber’) Cases 7. Resolving the Tension: Balancing Trade and Health Objectives in the WTO Part III: Regulating to Protect Health: Where and How? 8. Setting the Standards: Home or Away? 9. Perception of Risks: The Role of Public Perceptions 10. Analysis of Risks: The Role of Science Part IV: The WTO: Rules and Cases 11. A Science-based Approach 12. The Facts of the Health Cases 13. Analysis of the Health Cases Part V: Conclusion 14. Conclusion Bibliography Index

Read more less

Book SynopsisThis major work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.The book includes extensive coverage of international trade issues, which are generally considered to be the core of international economic law, and focuses on such topics as barriers to trade, dispute settlement, trade and services, regionalism and remedies. It also goes significantly beyond these to look at related areas of the discipline; international investment, including discussion of regulatory issues and private rights of action; intellectual property issues relating to trade; commercial law; legal and economic aspects of international tax and international finance; the closely related areas of trade and international competition policy; international environmental law; and international telecommunications.Providing in many cases a unique interdisciplinary blend of analysis, the Handbook offers a cutting edge approach to international economic law, and an authoritative source of reference for scholars, graduate students and policymakers.Trade Review'Students, practitioners and scholars will find the the research handbook most useful in familiarising themselves with the many topics of international trade regulation and economic law. Written by leading experts in the field, it adds a concise and accessible voice to the growing body of highly specialised publications.' -- Thomas Cottier, University of Beirne, Switzerland'Undertaking a Research Handbook in International Economic Law is an enormous challenge, and I believe the scholars mobilized for this project have fully met that challenge. The selection of topics is comprehensive, the footnotes and bibliographies are careful and copious, and the writing is lucid, understandable by beginners as well as experts. As I go about revising my own treatise on international economic law, the Handbook will be my constant guide.' -- Andreas F. Lowenfeld, New York University, School of Law, US'Despite its rather modest title, the book Research Handbook in International Economic Law edited by Andrew T. Guzman and Alan O. Sykes is a remarkable collection which certainly will be welcomed as an important reference and analytical commentary for even those most knowledgeable about IEL. The editors have marshaled authors and co-authors for fourteen different chapters, covering virtually all the crucial subjects under international economic law. These authors are clearly well chosen for their respective expertise which is manifested in each chapter by describing and analyzing specific subject material with a merged perspective of law, economics and political science. However, this is also indeed a "handbook" in providing in accessible form and limited text length a detailed overview of subjects ranging from the essentials of international economics, to roadmaps for understanding the WTO, dispute settlement, investment, finance, competition, telecommunications and many more. The editors' ambition is truly impressive, and has been admirably realized.' -- John H. Jackson, Georgetown University Law Center, US'This book is an absolute gem. It takes the term international economic law seriously. Unlike any other book that I know of, this Handbook transcends the traditional, narrow focus on public trade law to include private commercial law, investment, competition, tax, IP, finance and international environmental law. In 14 comprehensive chapters, the law, policy and economics of 14 different issue areas are covered. Written by absolute leaders in their field, the Handbook offers an entry point for newcomers in each of those subject matters, yet does so at a level of sophistication, insight and comprehensiveness that should equally delight and enrich specialists.' -- Joost Pauwelyn, Duke University, School of Law, USTable of ContentsContents: Preface 1. International Trade: Barriers to Trade Michael Trebilcock and Michael Fishbein 2. International Trade: Trade Remedies Alan O. Sykes 3. International Trade: Trade in Services Bernard Hoekman and Aaditya Mattoo 4. International Trade: Regionalism Joel P. Trachtman 5. International Trade: Dispute Settlement Henrick Horn and Petros C. Mavroidis 6. International Investment Americo Beviglia Zampetti and Pierre Sauvé 7. International Commercial Law Robert K. Rasmussen 8. The Economic Underpinnings of International Taxation Julie A. Roin 9. International Finance: Rule Choices for Global Financial Markets Hal S. Scott 10. International Competition Law Andrew T. Guzman 11. Intellectual Property Rights in World Trade Frederick M. Abbott 12. Power and Cooperation in International Environmental Law Richard H. Steinberg 13. International Telecommunications Rohan Kariyawasam 14. Private Dispute Resolution in International Economic Law Diane P. Wood Index

Read more less