Description
Book SynopsisThis well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
Trade Review‘Trade and Competition Law in the EU and Beyond is a remarkable collection of scholarly contributions of relevance to academics, practitioners and officials interested not only in rules governing international trade and competition, but also in international economic law in general. The authorship is diversified, representing views of commentators from many countries, and the focus of individual contributions is not only on law de lege lata but also de lege ferenda greatly adding to the volume’s value and its input in the ongoing academic discourse.’ -- Marek Martyniszyn, International Trade Law and Regulation
Table of ContentsContents: Preface Inge Govaere, Marco Bronckers and Reinhard Quick Foreword Paul Demaret Foreword Koen Lenaerts Foreword Carl Baudenbacher PART I: TRADE AND COMPETITION 1. Competition and Trade Policy and the Challenge of Globalisation Jacques Steenbergen 2. Towards a WTO Business-Enabling Compact Stefan D. Amarasinha and Simon J. Evenett PART II: TRADE Rules and Rulemaking 3. Challenges in International Monetary Law Thomas Cottier and Tetyana Payosova 4. From Reluctant Participant to Key Player: EU and the Negotiation of the GATS Juan A. Marchetti and Petros C. Mavroidis 5. Article IV of the GATT: An Obsolete Provision or Still a Basis for Cultural Policy? Lothar Ehring 6. The Debate Continues: Are Border Adjustments of Emission Trading Schemes a Means to Protect the Climate or are they ‘Naked’ Protectionism? Reinhard Quick 7. EU Common Commercial Policy Throwing Off the Shackles of ‘Mixity’ Inge Govaere 8. The Negotiations of a New Anti Dumping Agreement (ADA) in the DDA – Some Observations Hannes Welge 9. The EU and Free Trade: Can We Still Afford It? Gérard Depayre Interpretation and Dispute Settlement 10. Modern Approaches to Treaty Interpretation John H. Jackson 11. WTO Dispute Settlement: Promise Fulfilled? William J. Davey 12. Consolidation of WTO Dispute Settlement Proceedings before Panels and the Appellate Body Raimund Raith 13. Can the EU’s Disregard for ‘Strict Observance of International Law’ (Article 3 TEU) be Constitutionally Justified? Ernst-Ulrich Petersmann 14. The Effect of WTO Dispute Decisions in EU Law – Autonomy or Autarky? Piet Eeckhout 15. The Domestic Law Effect of the WTO in the EU – A Dialogue with Jacques Bourgeois Marco Bronckers 16. The Court of Justice and Unrecognized Entities under International Law Pieter Jan Kuijper 17. The Brita Ruling of the European Court of Justice: A Few Comments Marc Maresceau 18. The Standing Requirements for Bringing a Direct Action before the General Court in the Field of Trade Defence and Customs Following the Entry into Force of the TFEU Philippe De Baere PART III: COMPETITION Agreements 19. Vertical Restraints and Online Sales in the Era of Modernization: Is the New Regime ‘Modern’ Enough? Massimo Merola and Leonardo Armati 20. Parallel Trade: Econ-oclast Thoughts on a Dogma of EU Competition Law Nicolas Petit Abuses and Mergers 21. How to Treat Aftermarkets under Article 102 TFEU Hendrik Bourgeois 22. The British Airways Judgment – What are the ‘Underlying Factors’ in Exclusionary Abuses? John Temple Lang 23. Magill Revisited Ian S. Forrester 24. Refusal to Supply and Margin Squeeze: A Discussion of Why the ‘Telefonica Exceptions’ are Wrong Damien Geradin 25. Making Sense of the Reactions to the 2010 US Horizontal Merger Guidelines Barry E. Hawk and James A. Keyte State Aid 26. From Trade to Tutelage: State Aid and Public Choice in the European Union William Bishop Enforcement and Litigation 27. Public and Private Enforcement of Competition Law José Rivas 28. When the Judge Prosecutes, Power Prevails Over Law Catherine Smits and Denis Waelbroeck 29. Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition Law Frank Montag Index
