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About the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. This study disentangles debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization.
The Investment Treaty Regime and Public Interest Regulation in Africa is a legal, normative, and principled framework for rethinking the making and reform of investment treaties, and investment disputes settlement.
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. This book talks about the legal aspects of regional trade agreements, and looks at the relationship of these agreements to the WTO.
This is a concise guide for lawyers, valuation experts, academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights and protection standards.
Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.
International efforts to harmonize economic regulations, ranging from intellectual property and labour standards to competition law and finance, are comprehensively examined in this book. It combines a theoretical approach with empirical analyses, making it highly useful for both practitioners and scholars.
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights and protection standards.
This book presents a conceptual analysis of the definitions of state aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate state intervention.
The relationship between WTO law and international and domestic efforts to protect the environment is a central concern in WTO and international environmental law. These issues are analysed here by examining the fundamental provisions of WTO law and exploring its interaction with general international law and national law.
This book examines the regulation of services within the WTO. It examines the problem of reconciling a liberal system of trade in services with national governments' ability to protect social values through service regulation. The book analyses the existing legal framework and assesses the potential of ongoing trade negotiations.
As national competition laws proliferate and enforcement efforts increase, the international competition law system is increasingly beset with conflicts bewteen States with competing interests. This book explores ways to reduce conflicts, contending that an international competition law system is evolving.
By exploring corporations' investment profiles and regulatory strategies, this book explains why globalization sometimes results in a 'race to the bottom', sometimes in higher common regulations, and sometimes in regulations that differ between countries. It explains which regulatory outcome is likely to occur under specified conditions.
Examines one of the controversial aspects of the world trading system: patents and access to medication. This book looks at the claim that international trade law imposes rules that result in exclusive rights of pharmaceutical companies and high prices of medication, preventing access to medication for diseases such as AIDS, anthrax, or bird flu.
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. This book examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic.
This fully updated new edition explores the legal foundations of the international economy. Covering all aspects of international economic law including the GATT/WTO, the International Monetary System, transnational investment, arbitration and economic sanctions, it will be of interest to international economic lawyers and non-specialists alike.
The obligations of international trade law hinge upon the question of what constitutes 'like products'. Trade disputes will often involve an examination of whether the products in question are in competition with one another. This book seeks to develop consistent principles and an effective definition for this central issue of world trade law.
This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
The SPS Agreement established a legal framework for national regulations aimed at protecting the environment and human health. Although such measures normally serve legitimate objectives, they can be disguised protectionism. This book explores to what extent WTO law provides just and effective solutions to this problem and others.
This volume is a study of the controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities.
In international economic law, the principle of good faith has been argued and applied in a highly fragmented and disjointed way, leading to inconsistent decisions by tribunals. This book provides a comprehensive analysis of the principle and practice of good faith, and its relationship with international trade and investment.
This book evaluates how the phenomenon of outward foreign direct investment in services from Brazil, Russia, India, and China has been and could be regulated in international law. It addresses the goal of further economic development, balanced against the key public interest issues that lead to much criticism of international investment law.
This book contemplates the future of international economic law through a wide ranging discussion of international economic institutions such as the IMF, the World Bank, and the WTO, and examines issues confronting the international economic regime such as legitimacy, differential treatment, and dispute settlement.
Thiw work analyses the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and promising areas for reform.
This book analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.
The laws and policies favouring privatization, trade and investment liberalization and the laws and policies governing water resources, and human rights intersect and may clash. This book addresses the key interdisciplinary issues that confront policy makers, international institutions, and other bodies in dealing with fresh water resources.
Examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. This interaction is explored in this book through seven case studies, ranging from freedom of expression and anti-trust rules, to the fight against trade in conflict diamonds and the UN's convention on tobacco control.
'Regulatory Competition and Economic Integration' addresses one of the hottest policy questions on both sides of the Atlantic. Esty and Geradin bring together scholars from both Europe and the United States to examine the various aspects of the debate between 'harmonization' and 'regulatory competition' across three comparative dimensions.
Transatlantic relations have been plagued by a series of disputes over trade, .economic and political interests. This title analyses the sources of the disputes, and the means employed to prevent and settle them, both bilaterally and through the multilateral dispute settlement mechanism of the of the WTO, and identifies promising areas for reform.
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