Search results for ""Author Rafael Leal-Arcas""

This comprehensive book provides a thorough analytical overview of the European Union's existing law and policy in the field of international trade. Considering the history and context of the law's evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU's present role in the World Trade Organization (WTO) framework. Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States. Additional thought is given to the role of major EU institutions and their balance within EU trade law and policy, and the tension between efficiency and accountability in decision-making processes in EU trade policy is further considered. Students and scholars working in the field of European and international trade law and policy, and international economic law and policy more generally, will find this a clear and useful resource. Practitioners seeking a clear and up-to-date insight into the area will also appreciate this important work.

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This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.The ECT outlines a multilateral framework for cross-border cooperation in the energy sector based on the principles of open competitive markets and sustainable development. Expert contributors provide commentary and analysis on the five primary areas of the ECT: investment promotion and protection, trade, transit, environmental protection, and dispute settlement. The optional protocols are also addressed, including issues such as energy efficiency and the environment.Key Features: Comprehensive, article-by-article analysis of the ECT Contributions by 25 leading academics and practitioners in the field Updated coverage of the recent modernization process of the ECT Thorough examination of key trends and important criticisms of the ECT Refreshed and revised, this new edition will be an indispensable reference point for academics, students, lawyers, economists, and policymakers working in energy law and policy.

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This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction – regional versus global – for the settlement of disputes.This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important.

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This timely book shows how the creation of a European Energy Union might be an effective and viable solution to the energy security problems that the European Union is facing. The aim is to make it easier to trade energy inside the EU. The EU currently has to rely on energy-rich countries for its energy needs, many of whom are politically and economically unstable; this places the EU in a vulnerable position. The book explores the institutional and legal framework for the creation of a European Energy Union, whose aim is to achieve affordable, secure, and sustainable energy. The book explores what the EU is politically prepared to accept as part of its united energy security. Combined with the perception of energy security being a pressing matter, the general disenchantment surrounding the European ideal in the wake of the economic crisis makes the task of ensuring affordable, secure, and sustainable energy a formidable challenge. In that vein, the European Energy Union could well be the flagship of this new outset towards a more prosperous, energy-secure, and united Europe—bearing in mind that EU member states wish to guard their sovereignty over national energy systems. In the past, there have been divisions between EU member states when trying to draft a united energy policy. The European Energy Union tries to rectify this deficiency. This book proposes the emulation of the EU’s common commercial policy to reach a common position in EU energy policy. It analyzes the role of the Energy Community and the Euro-Mediterranean Energy Partnership as avenues to further integrate energy markets beyond European borders, especially with the Eastern and Southern neighbours of the EU. It also dwells on the advancements that could arise in terms of pan-European energy infrastructure through the anticipated financial boost resulting from, inter alia, the Investment Plan for Europe, the European Structural and Investment funds, and the Connecting Europe Facility. Finally, it provides an analysis of climate change mitigation by focusing on the importance of decarbonizing the economy and analyzing the 2015 Paris Agreement on climate change. Highlights: First book to analyze the European Energy Union and the 2015 Paris Agreement on climate change. Explains the five pillars of the European Energy Union. Cross-examination of the EU’s competence in the areas of energy and trade to surmise whether a more harmonized European energy strategy could, legally and conceptually, be realized anytime soon.

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This comprehensive book provides a thorough analytical overview of the European Union's existing law and policy in the field of international trade. Considering the history and context of the law's evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU's present role in the World Trade Organization (WTO) framework. Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States. Additional thought is given to the role of major EU institutions and their balance within EU trade law and policy, and the tension between efficiency and accountability in decision-making processes in EU trade policy is further considered. Students and scholars working in the field of European and international trade law and policy, and international economic law and policy more generally, will find this a clear and useful resource. Practitioners seeking a clear and up-to-date insight into the area will also appreciate this important work.

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This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.Rafael Leal-Arcas demonstrates that the nature of international trade law is fragmented and cyclical. Whilst not always straightforward, the process of making international trade law more multilateral, beginning with the General Agreement on Tariffs and Trade in 1947, has been largely successful. The author shows how this success could be emulated for international investment law, as well as providing a careful analysis of the choice of jurisdiction – regional versus global – for the settlement of disputes.This insightful book will be an invaluable resource for research institutions, legal practitioners, judges, trade and investment policy-makers, officials at international organizations and national civil servants. Advanced students of international economic law, international investment law, external relations law of the EU, international trade law and WTO law will also find this book important.

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

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

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Energy security is a burning issue in a world where 1.4 billion people still have no access to electricity. This book is about finding solutions for energy security through the international trading system. Focusing mainly on the European Union as a case study, this holistic and comprehensive analysis of the existing legal and geopolitical instruments strives to identify the shortcomings of the international and EU energy trade governance systems, concluding with the notion of a European Energy Union and what the EU is politically prepared to accept as part of its unified energy security.This snapshot of multilateral, regional and bilateral energy trade governance deals with energy transit from the perspective of the Energy Charter Treaty as a means to enhance EU energy security, and examines the system of law and governance of international trade in unconventional fossil fuels. The authors analyze concerns that arise from preferential trade agreements and renewable energy from the EU's perspective, and explain how the EU can diversify its energy supply to improve its energy security.This book will be of interest to students, scholars, lawyers, economists, policymakers, and think tanks dealing with the links between energy security and international trade, as well as those communities relating to other energy-related disciplines.

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