International Economic Law

Author: Andreas F. Lowenfeld
Publisher: Oxford University Press on Demand
ISBN: 0199226938
Format: PDF, ePub
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"Lowenfeld examines the major elements of economic law in the international arena including the World Trade Organization and its antecedents; dumping, subsidies, and other devices that alter the market; the International Monetary System, including the collapse of the Bretton Woods system; the debt of developing countries; the law of foreign direct investment, including changing perceptions of the rights of host states and multinational enterprises; and economic sanctions. The book also contains chapters on competition law, environmental law, and new chapters on intellectual property and the various forms of arbitration; demonstrating how these subjects fit into the framework of international economic law."--BOOK JACKET.

Development at the WTO

Author: Sonia E. Rolland
Publisher: Oxford University Press
ISBN: 0199600880
Format: PDF, ePub, Docs
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With the Doha Round on the rocks, the tension between the WTO's trade liberalization agenda and the development needs of many member states is more pronounced than ever. This book looks at the position of developing countries at the WTO from an institutionalist perspective and presents a range of proposals for change.

International Economic Law and the Digital Divide

Author: Rohan Kariyawasam
Publisher: Edward Elgar Publishing
ISBN: 1847205453
Format: PDF, Docs
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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 Neuch'tel, Switzerland This 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.

Regional trade agreements and the WTO legal system

Author: Lorand Bartels
Publisher: Oxford University Press, USA
ISBN: 9780199207008
Format: PDF, Docs
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The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

Establishing Judicial Authority in International Economic Law

Author: Joanna Jemielniak
Publisher: Cambridge University Press
ISBN: 1107147107
Format: PDF, Kindle
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This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.

Principles of International Economic Law

Author: Matthias Herdegen
Publisher: Oxford University Press
ISBN: 0198790562
Format: PDF, ePub
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Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

Transatlantic Economic Disputes

Author: Ernst-Ulrich Petersmann
Publisher: Oxford University Press
ISBN: 9780199261727
Format: PDF, Kindle
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This title brings together a number of writings analyzing the sources of transatlantic disputes, the means employed to prevent and settle such disputes, and identifies promising areas for reform.

Science and Technology in International Economic Law

Author: Bryan Mercurio
Publisher: Routledge
ISBN: 1134119704
Format: PDF, Mobi
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Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.

China s Influence on Non Trade Concerns in International Economic Law

Author: Paolo Davide Farah
Publisher: Taylor & Francis
ISBN: 1317167201
Format: PDF, Kindle
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This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.