Böcker i Cambridge International Trade and Economic Law-serien

Are the limitations imposed on World Trade Organization (WTO) members' right to regulate efficient? This is a question that is only scarcely, if ever, analysed in existing literature. Boris Rigod aims to provide an answer to this fundamental concern. Using the tools of economic analysis and in particular the concept of economic efficiency as a benchmark, the author states that domestic regulatory measures should only be subject to scrutiny by WTO bodies when they cause negative international externalities through terms of trade manipulations. He then suggests that WTO law, applied by the WTO judiciary can prevent WTO members from attaining optimal levels of regulation. By applying a law and economics methodology, Rigod provides an innovative solution to the problem of how to reconcile members' regulatory autonomy and WTO rules as well as offering a novel analytical framework for assessing domestic regulations in the light of WTO law.

Conventional wisdom on the insufficiency of existing WTO disciplines on export restrictions has triggered momentum on the issue. In this book, Ilaria Espa offers a comprehensive analysis of the scope and coverage of WTO disciplines on export restrictions in light of emerging case law. She investigates whether such rules still provide a sufficient, credible and effective framework capable of preventing abuses in the use of export restrictive measures on critical minerals and metals during a period of economic crisis and change in international trade patterns. Giving a broad overview of the export restrictions applied to these materials, Espa identifies distinctive features in the proliferation of export barriers and analyses the existing WTO rules to reveal their scope, gaps and inconsistencies. She goes on to present solutions based upon her findings with the aim of bringing more coherence and equity to WTO rules on the export side.

Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functioning of international investment law as a genuinely multilateral system.

The Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case.

Prevalent poverty in less developed countries is one of the most pressing issues of our time and economic development in these countries is necessary to bring them out of poverty. As seen in the successful development cases of East Asian countries, international trade is closely relevant to economic development, and export facilitation and effective industrial policies have been the key to the successful development. Current GATT/WTO provisions facilitating development are insufficient and some WTO provisions prevent developing countries from adopting effective development policies. This book is the first attempt to suggest a comprehensive modification of the current GATT/WTO disciplines to better facilitate development. The book also examines the need to elevate the level of regulatory treatment of development issues by the WTO and proposes the Agreement on Development Facilitation and the Council for Trade and Development within the WTO.

This book is aimed at both academic and practitioner audiences. It analyses the policy underpinnings of shareholders' claims for reflective loss, and will constitute an important tool for attorneys and arbitrators who have to address these types of claims.

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.

Investment treaties have become highly controversial because they allow investors to sue host states outside domestic courts. This book explores how recent changes to that system involving the home state of the investor are mostly aimed to minimise states exposure to investment claims, and not necessarily to protect foreign investors.

Examines how treaties regulate the delivery of legal services across international borders. The barriers to liberalization faced by legal services are investigated in the context of different legal systems. Collins also considers how the modernization of the legal profession will shape the regulation of legal services nationally and globally.

This book will appeal to government officials, researchers, scholars, students and others interested in public policy in the areas of industry and trade. The book explains, in accessible language, highly technical WTO rules and jurisprudence to point out and discuss restrictions and flexibility's vis-a-vis industrial policy-makers.

Focusing on the GATS prudential carve-out (PCO), this book studies the regulatory freedom of national governments when they address the protection of agents in the financial market and the stability of the financial system. Will appeal to academic researchers and practitioners involved in trade negotiations.

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.

This book examines the foundations of international standard-setting from a multidisciplinary perspective.

The final defence in WTO dispute settlement is authorised, state-to-state retaliation that governments can implement against trading partners. Despite being critical to dispute settlement, little is known about its operation. This volume brings together legal, economic and political perspectives on the topic from academics and practitioners involved in these actions.

Balancing the non-economic interests of host States and the treaty rights of foreign investors is key for regulators, policy makers and treaty negotiators. This volume examines how to maintain a State's right and duty to take action while respecting its international commitments toward foreign investors and controlling protectionist tendencies.

Trade remedies are very widely used in today's global trading environment and are effective in closing national markets to foreign competitors. This book explores one way in which exporters can challenge this: by using the judicial review mechanism of the importing country.

Christian A. Melischek's analysis of 'product likeness' under Article III of the GATT proposes a substantive economic test to render the notion of product likeness operational and examines the institutional and procedural frameworks for expert economic evidence necessary to implement an economic approach to the interpretation of product likeness.

This comparative study on the laws of foreign aid as a central field of global public policy asks how accountability and human rights can be preserved while combating poverty. Placing the law in its theoretical and political context, it is relevant to lawyers and political scientists, academics and practitioners alike.

The final defence in WTO dispute settlement is authorised, state-to-state retaliation that governments can implement against trading partners. Despite being critical to dispute settlement, little is known about its operation. This volume brings together legal, economic and political perspectives on the topic from academics and practitioners involved in these actions.