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.
Cases, Materials and Text on the National and International Regulation of Transnational Economic Relations
Author: John Howard Jackson
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.
This is a highly readable, completely revised and updated analytical account of the mechanics of the world trading system - how it works, what it does, and why. It provides insight into the basic economic rationale for international cooperation and the political economic forces that shape the global commercial environment and that determine the rules of the game and the commitments that governments agree to through WTO negotiations. Short case studies and specificdisputes are used to illustrate the workings of the institution in practice and the interest groups that drive the WTO processes. This edition highlights the increasing role of developing countries inthe WTO. This is a book that will be of interest to teachers and students of international economics and business, international relations and economic development, government officials and business people interested in the functioning of the multilateral trading system.
In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.
Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock, Howse and Eliason here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections with examinations of topics such as: agriculture services and Trade-Related Intellectual Property Rights labour rights the environment migration competition. Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of Preferential Trade Agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007--10 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.
Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock and Howse here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. *competition Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of preferential trade agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007-2010 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.
This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
This book provides a comprehensive guide to the competition regimes of China, Hong Kong and Taiwan. Chinese developments are placed in the context of the adoption of competition regimes by developing and transitional states worldwide and also in relation to the influence of trans-national organisations on transitional states to adopt market-based economic strategies. The book adopts an inter-disciplinary approach considering the political, economic and legal issues relevant to competition policy adoption. The paradoxical phenomenon of Communist mainland China seeking to adopt a pro-competition law, whilst capitalist Hong Kong refuses to do so, is explained and contrasted with the successful Taiwanese adoption of a competition regime over a decade ago. The underlying economic and political forces that have shaped this unusual matrix are discussed and analysed with a theoretical explanation offered for its consequences.
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.