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Böcker i Cambridge International Trade and Economic Law-serien

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  • av Bryan Mercurio
    1 330,-

    "This book explores the tension between capital controls and international economic law. The book will establish whether the IMF has the authority to regulate the use of capital controls and analyse whether a country's use of capital controls is consistent with obligations undertaken in various trade and investment agreements"--

  • av Simon Brinsmead
    470 - 1 416,-

    A new international instrument is needed to address access to interoperability standards and standards-essential intellectual property, which are critical to maintaining technological advancement and promoting cost-effective solutions for consumers. Applying law and economics methodologies, Simon Brinsmead systematically explores how international and domestic law deals with these matters. This important book includes an examination of the technical and economic nature of interoperability standards; a detailed analysis of the issues arising under intellectual property and competition law; an analysis of whether liability or exclusive property rules should apply with respect to interoperability standards and SEIP; and consideration of feasible international approaches. Finally, Brinsmead includes a draft of his proposed international soft law instrument as a starting point for future discussions in the field. Of interest to lawyers, regulators and scholars, this work offers a meaningful contribution to international governance, harmonization of laws and technological advancement.

  • av Anna-Alexandra (Universiteit Leiden) Marhold
    386 - 1 266,-

  • av Lars Brink
    1 406,-

    "Agricultural Domestic Support Under the WTO The WTO Agreement on Agriculture subjects different groups of developed and developing countries to different limits on domestic support and allows various exemptions from these limits. Offering a comprehensive assessment of the Agreement's rules and implementation, this book develops guidance toward socially desirable support policies. Although dispute settlement has clarified interpretation of the Agriculture and SCM Agreements, gaps remain between the legal disciplines and the economic effects of support. Considering the Agriculture Agreement also in the context of today's priorities of sustainability and climate change mitigation, Lars Brink and David Orden build a strategy that aligns the rules and members' commitments with the economic impacts of agricultural support measures. While providing in-depth analysis of the existing rules, their shortcomings and the limited scope of ongoing negotiations, the authors take a long-term view, where policies directed toward evolving priorities in agriculture are compatible with strengthened rules that reduce trade and production distortions. Lars Brink is independent advisor on agricultural support policies, and Fellow and former President of the Canadian Agricultural Economics Society. He has held positions with Agriculture and Agri-Food Canada and was a representative in WTO and OECD meetings for many years. Governments, international organizations, academics and interest groups seek his advice. David Orden is Professor of Agricultural and Applied Economics at Virginia Polytechnic Institute and State University, and a former Senior Fellow at the International Food Policy Research Institute. He is an author/editor of five books including Policy Reform in American Agriculture (1999) and WTO Disciplines on Agricultural Support (2011)"--

  • av Olia Kanevskaia
    1 299,99,-

    "This book presents a first comprehensive effort to explore the mechanics and fundamentals of global ICT standardization. It offers a comprehensive study of legal rules governing ICT standardization; systematically analyses governance and institutional features of some most prominent Standards Development Organizations; and presents qualitative empirical evidence on implementation of these rules in practice. By evaluating legal and procedural rules in light of current practices and tendencies in the industry, the book explores various options available for disciplining ICT standardization from the viewpoint of the applicable legislation, judiciary, and internal governance rules of Standards Development Organizations and offers practical solutions on how to increase the legitimacy of ICT standards. Adding to the previous theoretical approach to the field of standardization from historical, legal and political science perspective, this book applies theoretical considerations to unexplored scenarios, offering a holistic picture of ICT standardization and providing a novel contribution to the field"--

  • av Lukas Vanhonnaeker
    470,-

    In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.

  • - The Real Jewel in the Crown
    av Marianna B. Karttunen
    446 - 1 390,-

    Underlines the benefits of transparency in preventing disputes between WTO Members by enabling regulatory co-operation between them. Of interest to academics of international trade law, government representatives engaged in trade and regulatory policy, and international organisation staff willing to improve transparency in their organisation.

  • av Ines Willemyns
    1 416,-

    Digitisation has significantly impacted international trade. This book explains the impact of digitisation on trade in services, the ensuing concept of 'digital services' and the different types of trade barriers these services face. This book establishes that the legal framework that applies to trade in services also applies to digital services. It elaborates on the scope of the General Agreement on Trade in Services (GATS) and how to classify digital services. The relevant GATS obligations are subsequently applied to several case studies that illustrate the barriers to digital services trade. These case studies demonstrate the impact of the applicability of GATS to digital services on countries' international obligations. Finally, the book maps the electronic commerce-related provisions in in regional trade agreements (RTAs). Six extensive e-commerce RTAs are compared in depth and it is considered whether they add substantially to the existing multilateral obligations applicable to digital services trade.

  • - The Case of the European Union and Federal States
    av Johanna Jacobsson
    446 - 1 556,-

    The book gives an in-depth analysis of the legal criteria that the World Trade Organization sets for preferential trade agreements in the area of services. It proposes a new methodology to study these agreements and will appeal to those involved in studying and making trade policy.

  • - Cooperation, Competition and Transformation
    av Boston) Rolland, Sonia E. (Northeastern University, Madison) Trubek & m.fl.
    396 - 1 390,-

    The post-WWII world order is coming apart. This book shows that the world is moving towards a pluralist governance of transnational economic flows. It focuses on the important role that emerging economies are playing in the evolution of such an order.

  • - An Economically Informed Analysis
    av Jose Guilherme Moreno Caiado
    1 390,-

    The ability of countries to promote and protect their domestic industries in the face of stiff global competition is an important consideration in any trading agreement. Member states of the World Trade Organization are expected to adhere to the WTO Agreement on Subsidies and Countervailing Measures, but to what extent do the WTO Members have policy space to subsidize their industries? Using an economically informed framework, Caiado examines the flexibilities countries may find at the WTO to grant subsidies and impose tariffs to protect designated industries. By testing the Treaty system of entitlements and enforcement mechanisms against the theory of incomplete contract, this work offers a comprehensive analysis of the capacity of the SCM Agreement to achieve its goal: the concomitant regulation of opportunistic behavior and assurance of ex post flexibility.

  • - Between Legal Constraints and Flexibilities
    av Sherzod Shadikhodjaev
    440,-

    The severe global financial crisis of 2008 could not be overcome without government interventions through industrial policy. This timely book analyses industrial policy from the perspectives of trade law and economics under the WTO system. The author expertly examines both general tools of protecting and supporting domestic producers and specific topics like special economic zones, localization, greening measures and creative economy. In addition to legal texts and jurisprudence, this book extensively utilizes other WTO materials to show what is actually discussed in WTO meetings and forums on relevant issues. Where applicable, the author advances practical recommendations for 'right' or 'optimal' industrial policy in certain contexts based on trade rules, case law and some countries' real experiences. The author concludes this work with some thoughts on concrete actions to be taken at the WTO and national levels and in academic circles in order to better tackle industrial policy issues.

  • av Berk Demirkol
    410 - 1 280,-

    This book examines judicial acts infringing the rights of foreign investors that can give rise to international responsibility of the state. It addresses legal issues that will be of interest to academics, researchers, and practitioners working in the area of public international law and, particularly, in international investment law.

  • - A Political Theory of International Trade Regulation
    av Oisin (Queen's University Belfast) Suttle
    516 - 1 656,-

    Essential for international lawyers, philosophers and political theorists, this publication proposes a novel theory of global distributive justice to answer practical questions of international economic governance. The author applies the new theory to explain and critique World Trade Oragnization law in ways that are intelligible and useful to lawyers and to theorists.

  • av Vitaliy Pogoretskyy
    510 - 1 656,-

    This book analyses all major WTO provisions relating to the transit of pipeline gas and is essential reading for practitioners and regulatory authorities interested in the WTO's regulation of trade in energy, as well as legal and non-legal researchers analysing energy-related issues that are indirectly related to WTO law, and generalists in the field of public international law.

  • - An Asian Perspective
    av Locknie (Singapore Management University) Hsu
    386 - 1 470,-

    Locknie Hsu brings together current trade, investment, innovation, intellectual property, competition and public health issues that impact upon access to medicines in Asia. This book will be useful to academic researchers, regulators, law-makers and global organizations involved in the issue of access to medicines.

  • - Norms, Community, and Constitution
    av Sungjoon (Chicago-Kent College of Law) Cho
    440 - 1 406,-

    In the post-crisis, 'new normal' world, scholars are increasingly exploring world trade and globalisation narratives which are alternatives to the conventional neoliberal, Washington Consensus theories. Sungjoon Cho responds to this contemporary intellectual demand by reconstructing the world trading system from a 'social' perspective.

  • - Interfacing Trade and Social Goals
    av Christiane R. (Universitat Bremen) Conrad
    676,-

    Debates over how WTO law should deal with regulatory measures linked to processes and production methods (PPMs) have long gone unsolved. Here, Christiane Conrad offers a comprehensive legal analysis and proposes a novel approach which draws on the objectives and established economic rationales of the WTO Agreements.

  • - Stability and Flexibility in Public International Law
    av Isabel (Johann Wolfgang Goethe-Universitat Frankfurt) Feichtner
    570 - 1 110,-

    As the only comprehensive study of the WTO's waiver practice and the law of waivers, this book makes an important contribution to research into the developing law of international organizations and international law, in particular the discussion surrounding the democratic responsiveness of international legal regimes.

  • - `Likeness' in WTO/GATS
    av Nicolas F. Diebold
    680 - 1 556,-

    Practitioners in international organizations, trade ministries and law firms will appreciate this analysis of currently unresolved and technical legal problems posed by non-discrimination obligations in agreements on international trade in services (WTO/GATS).

  • - A Law and Economics Analysis
    av Geneva) Schropp & Simon A. B. (Graduate Institute of International Studies
    616 - 1 360,-

    This law and economics analysis of contractual escape and punishment in the WTO assesses existing escape and punishment mechanisms, explores the systemic implications of flaws (in the international trading system), and offers a reform agenda that is concrete, politically realistic, and systemically viable.

  • - Human Rights and Gender Implications
    av Montreal) Choudhury & Barnali (McGill University
    526 - 1 060,-

    Does public service liberalization pose a threat to gender and human rights? Aimed at trade, investment, human rights and gender specialists, as well as academics, this book seeks to answer this question and debunks the myth that the focus of the inquiry should be on the GATS.

  • - Converging Systems
    av Jürgen Kurtz
    440,-

    International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jurgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.

  • - Balancing Policy Space and Legal Constraints
    av Dominic Coppens
    1 690,-

    Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.

  • - Multilateral, Plurilateral, Regional, and Unilateral Initiatives
    av David A. Gantz
    540 - 1 086,-

    After ten years the Doha Development Round is effectively dead. Although some have suggested that Doha's demise threatens the continued existence of the GATT/WTO system, even with some risks of increasing protectionism, the United States, the European Union, Japan, Brazil, China and India, among others, have too much to lose to make abandoning the WTO a rational option. There are alternatives to a comprehensive package of new or amended multilateral agreements, including existing and future 'plurilateral' trade agreements, new or revised regional trade agreements covering both goods and services, and liberalized national trade laws and regulations in the WTO member nations. This book discusses these alternatives, which although less than ideal, may provide an impetus for continuing trade liberalization both among willing members and in some instances worldwide.

  • - How Much Institutional Sensitivity?
    av Marina Foltea
    526 - 1 000,-

    This book analyses the role of international organizations in WTO dispute settlement as arising from a number of WTO disputes. In particular, the roles of the IMF, WIPO, WCO and WHO are addressed. The use of the Vienna Convention rules of interpretation framework allows an evaluation of the weight attributed to this material by the WTO adjudicator. This allows specific conclusions to be drawn regarding the level of institutional sensitivity of the WTO adjudicator to each of the organizations. As well as being a valuable source of research, the analysis will appeal to international law scholars, civil servants and law practitioners interested in the WTO and dispute settlement.

  • av Charlotte Sieber-Gasser
    376 - 1 290,-

    WTO law sets the global minimum standards for trade regulation, while allowing some regulatory flexibility for developing countries. The exact scope of regulatory flexibility is often unclear and, at times, flexibility may be counterproductive to sustainable economic growth in developing countries. Undisputedly, developing countries would have some flexibility with respect to tailoring preferential services trade agreements to their individual economic needs and circumstances, but empirical data from over 280 preferential services trade agreements worldwide shows that this flexibility is rarely used. This volume clarifies the regulatory scope of flexibility for preferential services trade agreements between developing countries by linking the legal interpretation of WTO law with evidence from research in economics and political sciences. The book suggests that the current regulatory framework leaves room for meaningful flexibility for developing countries, and encourages policymakers and scholars to take these flexibilities into consideration in their design and study of trade policies.

  • - Applying Intellectual Property Standards in a Trade Law Framework
    av Matthew Kennedy
    510 - 1 470,-

    The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

  • av James Thuo Gathii
    696 - 1 556,-

    African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.

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