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Trade Law Domestic Regulation And Development

Author: Joel P Trachtman
Publisher: World Scientific
ISBN: 9814635731
Size: 69.17 MB
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Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development. In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, "The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune." Errata(s) Errata (24 KB) Contents:IntroductionTrade Law and Domestic Regulation:Philippines — Taxes on Distilled Spirits: Like Products and Market Definition (with Damien Neven)Brazil — Measures Affecting Imports of Retreaded Tyres: A Balancing Act (with Chad P Bown)Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation (with Bernard Hoekman)Embedding Mutual Recognition at the WTOIncomplete Harmonization Contracts in International Economic Law: Report of the Panel, China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009 (with Kamal Saggi)Canada–Wheat: Discrimination, Non-Commercial Considerations, and the Right to Regulate Through State Trading Enterprises (with Bernard Hoekman)Regulatory Jurisdiction and the WTOThe World Trading System, the International Legal System and Multilevel ChoiceTrade Law and Development:Incorporating Development among Diverse MembersDoing Justice: The Economics and Politics of International Distributive JusticeThe WTO and Development Policy in China and IndiaLegal Aspects of a Poverty Agenda at the WTO: Trade Law and 'Global Apartheid'Systemic Concerns Regarding WTO Law:The WTO CathedralJurisdiction in WTO Dispute SettlementNegotiations on Domestic Regulation and Trade in Services (GATS Article VI): A Legal Analysis of Selected Current IssuesToward Open Recognition? Standardization and Regional Integration under Article XXIV of GATT Readership: Advanced postgraduate students in law taking modules in international trade and developmental economics, and also vice versa. Key Features:Provides a unique economic analysis of legal problems of globalizationExamines the problem of the "right to regulate" in detailExplains the relationship between trade liberalization and developmentKeywords:Trade;WTO;International Law;Globalization;Right to Regulate;Development

The Path Of World Trade Law In The 21st Century

Author: Charnovitz Steve
Publisher: World Scientific
ISBN: 9814513261
Size: 36.11 MB
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The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?

Regulation Of Foreign Investment

Author: Zdenek Drabek
Publisher: World Scientific
ISBN: 9814401633
Size: 18.61 MB
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The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities. Contents:Introduction (Zdenek Drabek and Petros C Mavroidis)Regulation of Investment in the Trade Régime: From ITO to WTO (Petros C Mavroidis)Domestic, Regional and Multilateral Investment Liberalization (Jorge A Huerta Goldman)Mode 3 of the GATS: A Model for Disciplining Measures Affecting Investment Flows? (Bart De Meester and Dominic Coppens)Labor Standards and Human Rights: Implications for International Trade and Investment (Drusilla K Brown, Alan V Deardorff and Robert M Stern)Interactions Between Subsidies Regulation and Foreign Investment, and the Primacy of the International Trade Regime (Tomer Broude)Environmental Protection (Daniel M Firger and Michael B Gerrard)Technology Transfer: Regulatory Issues and International Investment Agreements (Keith E Maskus)Sovereign Wealth Funds and Political Risk: New Challenges in the Regulation of Foreign Investment (Victoria Barbary and Bernardo Bortolotti)International Tribunals as Agents of Harmonization (Moshe Hirsch)Foreign Acquisitions and National Security: What are Genuine Threats? Whatare Implausible Worries? (Theodore H Moran)Public Services, Investment Liberalization and Protection (Federico Ortino)The EU Approach to Investment (Americo Beviglia Zampetti and Colin Brown)Harmonization of Rules on Foreign Investment (Zdenek Drabek) Readership: Policy makers, negotiators, business councils, NGOs, legal profession (international trade and investment law), economic profession (academics). Keywords:Harmonization;Regulation;Foreign Investment;International EconomicsKey Features:Treatment of “new generation” issues such as human rights or sovereign wealth fundsTreatment of highly controversial issues of harmonization including subsidies, public services and technology transfer or the actual choice whether to harmonize or notAnalysis provided by top international scholarsReviews: “The remarkable collection of papers assembled by Drabek and Mavoridis succeeds both in identifying and explaining in clear terms the most salient questions in the regulation of foreign investment today… The diversity of themes covered in this book make it essential reading for anyone interested in an accessible overview of the latest developments in the regulation of foreign investment.” J. World Trade Review

Comparative Advantage Growth And The Gains From Trade And Globalization

Author: Robert M. Stern
Publisher: World Scientific
ISBN: 9814340375
Size: 56.70 MB
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Alan Deardorff was 65 years old on June 6, 2009. To celebrate this occasion, a Festschrift in his honor was held on October 2OCo3, 2009, in the Rackham Amphitheater at the University of Michigan in Ann Arbor. The Festschrift was entitled OC Comparative Advantage, Economic Growth, and the Gains from Trade and Globalization: A Festschrift in Honor of Alan V Deardorff.OCO It was co-organized by two of Professor Deardorff''s former students, Drusilla Brown of Tufts University and Robert Staiger of Stanford University, together with Robert Stern representing the University of Michigan. The first day of the Festschrift involved a series of panels in which invited participants reflected on Professor Deardorff''s contributions, including his writings on: comparative advantage; trade and growth; the gains from trade and globalization; and computational modeling and trade policy analysis. The panel participants prepared written comments, setting out their evaluation of Professor Deardorff''s contributions combined with their own thoughts on the current state of knowledge and analysis of the particular topic. At the end of the first day, Paul Krugman of Princeton University and The New York Times delivered a Citigroup Foundation Special Lecture entitled OC Reflections on Globalization: Yesteryear and Today.OCO All of these papers and Krugman''s lecture are contained in the volume."

The Floating World

Author: Wilfred J Ethier
Publisher: World Scientific
ISBN: 9814590339
Size: 64.56 MB
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In The Floating World, Emeritus Professor of Economics Wilfred Ethier collates 22 papers that delve deep into the study on International Trade Theory. These papers are grouped into six distinct sections. Each covers an overarching research program in trade theory — Factor-Endowments Theory, Economies of Scale, International Factor Markets, Regional Integration, the Political Economy of Trade Policy, and Administered Protection. An additional section for important papers outside of those programs is also included. With papers originally written in the 1970s all the way up to recent times, Ethier provides contemporary commentary for each section, referring to further sources, candid accounts on the state of international trade theory at the time and how each paper contributed to further improvements of their respective research program. Contents:Factor-Endowments TheoryEconomies of ScaleInternational Factor MarketsRegional IntegrationThe Political Economy of Trade PolicyAdministered ProtectionSome Topics in Trade Theory Readership: Undergraduate and postgraduate students in International Trade Theory and Economics, and interested members of the general public. Key Features:Written in a candid manner suitable for the general public and for introductory courses on International Trade TheoryAlso includes recommendations of further reading material beyond the volumeKeywords:International Trade;Scale Economies;Factor Endowments;Political Economy of Trade Policy;Economic Integration

Farm Policies And World Markets

Author: Tim Josling
Publisher: World Scientific
ISBN: 981461646X
Size: 70.21 MB
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The aim of the book is to provide interested readers with access to a number of articles that have been written over the years on the subject of the linkages between domestic farm policies (particularly in developed countries) and world markets for agricultural goods. The scope of the book includes the measurement of protection and the estimation of transfers to agricultural producers, the effect of these policies on consumers and the consequent impact on international trade. A major theme is that the monitoring of the trade and transfer implications of farm policies is an essential first step to addressing the need for internationally agreed disciplines on their nature and extent. The topic of trade impacts of farm policies has become important in two different market situations. When agricultural commodity prices are depressed, attention turns to the activities of countries (particularly developed countries) that support the income of their own farmers but at the expense of farmers in other countries. When prices rise, as they have done in the last five years, the question is reversed: what is the impact of the farm and food policies that restrict exports to keep domestic prices low on food security in other countries? Thus, the narrative of the monitoring of farm policies by international organizations such as the OECD and the disciplining of such policies under the rules of the WTO is as relevant today as in the 1970s when the first efforts in this direction were made. Contents:About the AuthorPreface and AcknowledgementsIntroductionMonitoring the Trade Impacts of Developed Country Farm Policies:Agricultural Protection and Stabilization Policies: Analysis of Current Neomercantilist PracticesMeasuring Levels of Protection in Agriculture: A Survey of Approaches and Results (with Stefan Tangermann)Of Models and Measures: Some Thoughts on the Use and Abuse of Policy IndicatorsDomestic Policies and the Structure of International Markets:Government Price Policies and the Structure of International Agricultural TradeDomestic Agricultural Price Policies and Their Interaction through TradePrice, Stock, and Trade Policies and the Functioning of International Grain MarketsDisciplining Domestic Policies through the GATT and WTO:The GATT: Its Historical Role and Importance to Agricultural Policy and TradeReflections on the Exceptional Treatment of Agriculture in the WTOCompeting Paradigms in the OECD and Their Impact on the WTO Agricultural TalksTrade Conflicts over Domestic Policies:Agricultural Trade Issues in Transatlantic Trade RelationsProduction and Export Subsidies in Agriculture: Lessons from GATT and WTO Disputes Involving the US and the EC (with Stefan Tangermann)Agricultural Trade Disputes in the WTOMonitoring the Compliance of Country Policies with WTO Disciplines:WTO Compliance and Domestic Farm Policy ChangeThe Difficult Task of Disciplining Domestic Support (with David Orden and David Blandford)Transparency and Timeliness: The Monitoring of Agricultural Policies in the WTO using OECD Data (with Klaus Mittenzwei) Readership: Undergraduates, postgraduates, researchers, academics, and policymakers interested in trade in agricultural goods, domestic farm policies, measurement of protection and domestic support estimation. Key Features:Unique book on the topic that includes both the monitoring and the disciplining of farm policiesContains articles written over a number of years that will give the reader a better feel for the continuity of the issues and the development of responses by international agenciesA good introduction to the topic by an author who is well-known and established in the fieldKeywords:Agricultural Policies;Agricultural Trade

Trade Law Domestic Regulation And Development

Author: Joel P Trachtman
Publisher: World Scientific
ISBN: 9814635731
Size: 31.60 MB
Format: PDF
View: 602
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Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development. In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, "The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune." Errata(s) Errata (24 KB) Contents:IntroductionTrade Law and Domestic Regulation:Philippines — Taxes on Distilled Spirits: Like Products and Market Definition (with Damien Neven)Brazil — Measures Affecting Imports of Retreaded Tyres: A Balancing Act (with Chad P Bown)Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation (with Bernard Hoekman)Embedding Mutual Recognition at the WTOIncomplete Harmonization Contracts in International Economic Law: Report of the Panel, China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009 (with Kamal Saggi)Canada–Wheat: Discrimination, Non-Commercial Considerations, and the Right to Regulate Through State Trading Enterprises (with Bernard Hoekman)Regulatory Jurisdiction and the WTOThe World Trading System, the International Legal System and Multilevel ChoiceTrade Law and Development:Incorporating Development among Diverse MembersDoing Justice: The Economics and Politics of International Distributive JusticeThe WTO and Development Policy in China and IndiaLegal Aspects of a Poverty Agenda at the WTO: Trade Law and 'Global Apartheid'Systemic Concerns Regarding WTO Law:The WTO CathedralJurisdiction in WTO Dispute SettlementNegotiations on Domestic Regulation and Trade in Services (GATS Article VI): A Legal Analysis of Selected Current IssuesToward Open Recognition? Standardization and Regional Integration under Article XXIV of GATT Readership: Advanced postgraduate students in law taking modules in international trade and developmental economics, and also vice versa. Key Features:Provides a unique economic analysis of legal problems of globalizationExamines the problem of the "right to regulate" in detailExplains the relationship between trade liberalization and developmentKeywords:Trade;WTO;International Law;Globalization;Right to Regulate;Development

Handbook On International Political Economy

Author: Ralph Pettman
Publisher: World Scientific
ISBN: 9814366978
Size: 42.21 MB
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International political economy (IPE) is a highly complex discipline, drawing not only from the fields of politics and economics, but also those as varied as philosophy, history and anthropology. Now widely accepted as a key dimension to contemporary world affairs, it is no longer possible to talk about international relations without talking about production and distribution, finance and investment, as well as consumption and trade. To ensure that our understanding of these topics is relevant to today's world, there is a constant need to revisit and challenge what is known about these topics. Besides being a comprehensive account of international political economy for academic study, this extensive collection also highlights salient issues that scholars, analysts and state leaders are most concerned with in today's world. Amongst these are issues concerning the rise of China and India as new economic superpowers, stability in the EU's political economy, the viability of the existing multilateral system of global trade, recent financial crises, as well as the impact of globalisation and marketisation on the world's workers and our physical environment. With contributions from prominent academics such as Susan K Sell (George Washington University, D.C.) and Geoffrey Blainey (Professor Emeritus, University of Melbourne), this volume makes for both a stimulating and thought-provoking read.

The Rise Of The Global South

Author: Justin Dargin
Publisher: World Scientific
ISBN: 9814397814
Size: 62.98 MB
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This book provides a broad and in-depth introduction to the geopolitical, economic and trade changes wrought with the increasing influence of the countries of the Global South in international affairs. Since the introduction of the United Nations General Assembly's New International Economic Order, the countries of the Global South, particularly China, India, Brazil, Saudi Arabia, South Africa and Qatar, made an indelible impact upon the world's economic architecture.