Cases, Materials and Text on the National and International Regulation of Transnational Economic Relations
Author: John Howard Jackson,William J. Davey,A. O. Sykes
Publisher: West Academic
Focuses on the rules-based multilateral trading system created by GATT, as greatly expanded and elaborated by the establishment of the World Trade Organization in 1995. Particular emphasis is given to the rich and detailed jurisprudence developed by the WTO's Appellate Body. Includes the impact of international economic interdependence and the struggle of legal institutions to cope with this and other aspects of globalization. Offers a basic understanding of the international economic system as it operates in real life, and as it is constrained or aided by a number of fundamental legal institutions, including national and international constitutional documents and processes.
Author: John Howard Jackson,William J. Davey,A. O. Sykes
Publisher: West Academic
This Documents Supplement contains the basic international agreements on trade in goods and services and the principal U.S. statutes regulating international trade, as well as NAFTA and the Articles of Agreement of the International Monetary Fund.
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Law and Policy of International Economic Relations
Author: John Howard Jackson
Publisher: MIT Press
Category: Business & Economics
Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.
Facts101 is your complete guide to Jackson, Davey and Sykes' Cases, Materials and Texts on Legal Problems of International Economic Relations, 5th. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
Giovanna Adinolfi,Freya Baetens,José Caiado,Angela Lupone,Anna G. Micara
Author: Giovanna Adinolfi,Freya Baetens,José Caiado,Angela Lupone,Anna G. Micara
This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.
This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian.
How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.
The textbook offers the comprehensive presentation and analysis of international commercial law. The fundamentals of international commercial law will be treated as well as the special pertinent spheres (e.g., commodity and service trade, currency and revenue law, investment protection, settlement of disputes).
English summary: In the wake of the globalization of economic relationships, the field of international economic law has become of increasing interest to scholars and politicians. In this book, Jochen Hoffmann has drafted a theory of international economic law and the economic order resulting from it. The central points of interest are not specific norms or branches of the law but rather an understanding of the basic principles of (broadly defined) international economic law. Based on the concept of order defined by F.A. von Hayek, the author also analyzes the structures, principles and the functioning of the economic order resulting from these principles. Thus the book deals with the fundamental theoretical concept of international economic law and its effects as a prerequisite and a driving force for international economic relationships. German description: Mit dem Interesse an der Globalisierung der Wirtschaftsbeziehungen ist auch das internationale Wirtschaftsrecht immer mehr in den Fokus der Wissenschaft und der politischen Diskussion geraten. Jochen Hoffmann nimmt dies zum Anlass, eine Theorie des internationalen Wirtschaftsrechts und der von ihm gepragten Ordnung der Weltwirtschaft zu entwerfen. Im Mittelpunkt steht dabei das Verstandnis der Wirkungsweise der grundlegenden Prinzipien des internationalen Wirtschaftsrechts. Da rechtliche Regelungen (unter Ruckgriff auf die Ordnungstheorie F.A. von Hayek) als Ordnungskrafte verstanden werden, untersucht der Autor auch die Strukturen, Prinzipien und die Funktionsweise der hieraus resultierenden Ordnungen. Es geht also um eine grundsatzliche, theoretische Erfassung des internationalen Wirtschaftsrechts und um seine Wirkung als Grundvoraussetzung und Motor internationaler Wirtschaftsbeziehungen.
Daniel Bethlehem,Donald McRae,Rodney Neufeld,Isabelle Van Damme
Author: Daniel Bethlehem,Donald McRae,Rodney Neufeld,Isabelle Van Damme
Publisher: OUP Oxford
Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalisation. The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes? This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations. Oxford Handbooks offer authoritative and up-to-date surveys of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.
Critics of the World Trade Organization argue that its binding dispute settlement process imposes a neoliberal agenda on member states. If this is the case, why would any nation agree to participate? Jacqueline Krikorian explores this question by examining the impact of the WTO's dispute settlement mechanism on domestic policies in the United States and Canada. She demonstrates that the WTO's ability to influence domestic arrangements has been constrained by three factors: judicial deference, institutional arrangements, and strategic decision making by political elites in Ottawa and Washington.
This book provides a critical examination of the most important institutions of global governance in the world today. Drawing on history, political science, law and economics, the authors examine institutions such as the United Nations, the World Trade Organization (WTO), the International Monetary Fund (IMF), the World Bank and also the global private sector. In a series of comprehensive analyses the inability of these institutions and entities to promote and protect human rights and international peace is revealed. While examining the failures of the past, the authors enthusiastically propose far reaching reforms, suggesting how these global institutions and their member states can reform themselves to prevent the exploitation of the most vulnerable in the global economy and bridge the gap between the high vision that saw the birth of these institutions and their present day failures. Global Governance, Economy and Law calls for nothing less than a global Marshall Plan, a new global political vision and a new system of international taxation to finance the integration of justice into the world economy.
This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used; the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea; recent developments in the law relating to international sale of goods; the question of international arbitration and other means of dispute resolution; and the strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.
New Orientations for EU External Economic Relations
Author: Stefan Griller,Walter Obwexer,Erich Vranes
Publisher: Oxford University Press
The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal ofacademic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines the main motivations for negotiating mega-regionalagreements and changing conceptions of international economic law. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement disciplines envisaged in these 'mega-regional' agreements. Going on to consider the progress made inintellectual property protection, the problems associated with data protection, disciplines on financial services, human rights, labour and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other handare analysed. Concluding with four chapters that discuss the discuss fundamental questions surrounding these mega-regional agreements from an economic, a political science, and a legal perspective.
In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.