The Path Of World Trade Law In The 21st Century

Author: Charnovitz Steve
Publisher: World Scientific
ISBN: 9814513261
Size: 59.98 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?

Trade Law Domestic Regulation And Development

Author: Joel P Trachtman
Publisher: World Scientific
ISBN: 9814635731
Size: 32.52 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

World Trade Organization And International Trade Law

Author: Gary N. Horlick
Publisher: World Scientific Publishing Company
ISBN: 9789814436984
Size: 17.87 MB
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This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts.

Evolving Patterns In Global Trade And Finance

Author: Sven W Arndt
Publisher: World Scientific
ISBN: 9814603422
Size: 18.43 MB
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In Evolving Patterns in Global Trade and Finance, Professor Sven W Arndt offers succinct and rigorous explanations of important developments in trade, finance and international monetary relations. Topics include economic and monetary integration, cross-border production networks, and stabilization policy in orthodox and mixed exchange-rate regimes. The theoretical framework developed in this volume provides critical assessments of existing policies and practices, develops theoretical foundations for new and emerging patterns in trade and finance, and evaluates how well economists and policy makers are dealing (or have dealt) with the challenges they face. Readers will find the most in-depth and comprehensive discussion of international production networks (“off-shoring”), a detailed analysis of the implications for US economic stability and policy autonomy of its unorthodox exchange rate regime of fixed and floating rates, and insights into the causes of recent economic and financial turmoil in the global economy. Contents:Part I: Beyond the Standard Trade Model:Free Trade and Its AlternativesOn Discriminatory vs. Non-Preferential Tariff PoliciesCustoms Union and the Theory of TariffsDomestic Distortions and Trade PolicyPart II: Fragmentation and Cross-Border Production Networks:FragmentationSuper-Specialization and the Gains from TradeGlobal Production Networks and Regional IntegrationProduction Networks in an Economically Integrated RegionTrade Diversion and Production SharingProduction Networks, Exchange Rates and Macroeconomic StabilityTrade, Production Networks and the Exchange RateIntra-Industry Trade and the Open EconomyFragmentation, Imperfect Competition and Heterogeneous FirmsPart III: Macro Policy Challenges in Open Economies:Policy Choices in an Open Economy: Some Dynamic ConsiderationsJoint Balance: Capital Mobility and the Monetary System of a Currency AreaInternational Short-Term Capital Movements: A Distributed Lag Model of Speculation in Foreign ExchangeRegional Currency Arrangements in North AmericaAdjustment in an Open Economy with Two Exchange-Rate RegimesStabilization Policy in an Economy with Two Exchange Rate RegimesPolicy Challenges in a Dual Exchange Rate RegimeThe "Great Moderation" in a Dual Exchange Rate Regime Readership: Advanced economics undergraduates and graduate students; academic researchers in both trade and open economy macroeconomics and international finance. Key Features:Offers the most complete and comprehensive analysis of “off-shoring” and international production networksPays serious attention to the existence of distortions and anti-competitive elements that threaten the ability of markets to function properlyAddresses weaknesses in current exchange rate arrangements that may contribute to global economic and financial instabilityKeywords:Preferential Trade Areas;Fragmentation;Cross-Border Production Networks;Off-Shoring;Currency Areas and Monetary Union;Single vs. Dual-Exchange Rate Regimes;Stabilization Policy in Open Economies;International Monetary Relations

Regulation Of Foreign Investment

Author: Zdenek Drabek
Publisher: World Scientific
ISBN: 9814401633
Size: 24.52 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

Struggling With Success

Author: Anne O. Krueger
Publisher: World Scientific
ISBN: 9814374334
Size: 63.96 MB
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Globalization, by which is meant the increasing economic interdependence among nations, has been a critical ingredient in enabling enormous improvement in mankind''s condition. While progress has not always been smooth, and has not come without dislocation for some, the economic policy challenge has been, and is, to enable the realization of the large potential benefits of globalization while simultaneously reducing the negative side effects and providing safety nets for those whose lives are disrupted in the process. This volume focuses on the successes of globalization, and some of the main economic policy challenges and solutions that arise to enhance the benefits and lower the costs. It covers different aspects of globalization, sovereign debt restructuring, development of the financial sector and financial crises in Asia, Turkey, Brazil, etc. The final part of the book covers multilateral international organizations, namely the World Trade Organization, the IMF and the World Bank.

The Political Economy Of Trade Policy

Author: Devashish Mitra
Publisher: World Scientific Publishing Company
ISBN: 9814569151
Size: 27.69 MB
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The Political Economy of Trade Policy: Theory, Evidence and Applications is a collection of sole-authored and co-authored papers by Devashish Mitra that have been published in various scholarly journals over the last two decades. It covers diverse topics in the political economy of trade policy, ranging from the role of modeling lobby formation in the context of trade policy determination to its applications to the question of unilateralism versus reciprocity and trade agreements. It also includes the theory and the empirics of the choice of policy instruments. Finally, the book presents the empirical investigation of the Grossman-Helpman “Protection for Sale” model as well as the Mayer “Median-Voter” model of trade policy determination.

World Trade Law After Neoliberalism

Author: Andrew Lang
Publisher: Oxford University Press
ISBN: 0199592640
Size: 24.55 MB
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It is often argued that there is an inherent tension between international human rights law and the rules of free trade. This book explores the assumptions underlying this debate and argues that we need to reconsider them, focusing more on how expert knowledge and informal relationships shape trade law and its interaction with human rights.

International Trade Policy Formation

Author: Wolfgang Mayer
Publisher: World Scientific Publishing Company Incorporated
ISBN: 9789814434768
Size: 60.90 MB
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Specifically, it explores the robustness of the Heckscher - Ohlin framework and its two core propositions - the Stolper - Samuelson and Rybczynski theorems - by relaxing its underlying assumptions in four ways: limiting the inter-industry mobility of factors of production in the short run; allowing for industry economies of scale; introducing uncertainty of commodity prices; and endogenizing a country's supply of labor. Part II addresses issues related to first-best trade policies which had gained prominence during the period of multilateral trade liberalization under the auspices of the GATT, such as: the scope and limits of negotiated tariff agreements; first-best policy justifications for import restrictions and export promotions; and the use of import-quality standards as a substitute for tariffs. Part III explores the political economy of trade policy formation.

International Economics

Author: Henry Thompson
Publisher: World Scientific Publishing Company
ISBN: 9814663891
Size: 36.45 MB
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International Economics: Global Markets and Competition integrates the microeconomics of international trade with open economy macroeconomics and finance. The theory is comprehensive but presented with intuitive diagrams. The book emphasizes the gains from international competition and the limits of trade policy. Economics began during the Industrial Revolution with a debate over import tariffs. To this day, domestic industries lobby for tariff protection against foreign competition, paying lawmakers for tariffs on imports. Only under special conditions do tariffs lead to economic gains. Domestic importers of materials and industrial products favor free trade, as do export industries since tariffs encourage other countries to retaliate with tariffs of their own. Trade theory includes market analysis and general equilibrium models of the economy. This text integrates the full range of trade theory with exchange rates, balance of payments, international finance, and open economy growth and macroeconomics. The presentation focuses on diagrams and avoids equations and algebra. The theory is presented with numerical examples. The text does not assume intermediate economics, instead developing the theory with thorough explanations. Questions in each section build confidence in applying the theory. Boxed examples illustrate the importance of the theory. Students like the concise and straightforward style. Instructors notice the difference on exams.