Impact Assessment (IA) is introduced in this book, with a guide to the process, scope, content, and management of IA for the governments of developing economies. In doing so, evidence-based policy making is taken into full consideration. After the principles of IA are set forth, its procedures are described, illustrated by typical cases from the United States and Japan. Then an explanation follows of the components of IA such as necessity, alternatives, and assessment of cost and benefit, with a description of competition assessment. In developing economies, it is not effective to simply import a system from developed countries directly into developing countries, especially for economic regulation and in consideration of compliance and competition issues. Thus the book provides recommendations on how to appropriately modify developed countries' systems for countries that are still developing. The book concludes by taking up several issues surrounding IA, especially nudge theory and public involvement.

This open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe.

This 2007 third edition continues to be a comprehensive and authoritative guide to the business, practice, law, and practical use of project finance. It covers the complete project finance structure, from conception to negotiation to debt closing, and from project difficulties to successful restructuring. The book continues to be accessible to those with little experience in project finance, while maintaining the insight and detail of previous editions that has made it a valuable reference for the experienced lawyer, manager, banker, contractor, and government official. This edition focuses on a real-world, practical approach to project finance, without the overuse of case studies and economic theory. Yet the contract forms, detailed glossary, index, and project finance bibliography make it a complete text.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2005: XII reports on United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services.

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists - on the grounds of inefficiency - and lawyers - on the grounds of free competition and international economic law.Buying Social Justice analyzes how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the USA, the UK, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analyzed.
Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 3 reports on Colombia - Measures Relating to the Importation of Textiles, Apparel and Footwear (WT/DS461).

Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

The ICSID Reports provide the only comprehensive collection of the arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties. These decisions make an important contribution to the growing body of jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration. Volume 9 of the ICSID Reports includes the hitherto unpublished annulment decision in the Amco Asia case, the TV Nova/Czech Republic saga, and the first Canadian appellate court decision on NAFTA Chapter 11 arbitration and the standard of review.

The Oxford Handbook on the World Trade Organization provides an authoritative and cutting-edge account of the World Trade Organization. Its purpose is to provide a holistic understanding of what the WTO does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges. The Handbook benefits from an interdisciplinary approach. The editorial team comprises a transatlantic partnership between a political scientist, a historian, and an economist. The distinguished and international team of contributors to the volume includes leading political scientists, historians, economists, lawyers, and practitioners working in the area of multilateral trade. All the chapters present original and state-of-the-art research material. They critically engage with existing academic and policy debates, and also contribute to the evolution of the field by setting the agenda for current and future WTO studies.The Handbook is aimed at research institutions, university academics, post-graduate students, and final-year undergraduates working in the areas of international organization, trade policy and negotiations, global economic governance, and economic diplomacy. As such, it should find an enthusiastic readership amongst students and scholars in History, Economics, Political Science, International Relations, Public Policy, and Law. Equally important, the book should have direct relevance for diplomats, international bureaucrats, government officials, and other policy-makers and practitioners in the area of trade and economic governance.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2003: VI reports on the rules of origin for textiles and apparel products (US), anti-dumping duties on malleable cast iron tube or pipe fittings from Brazil (EC), and contains a cumulative index of published disputes.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2002: V reports on measures affecting the automotive sector (India), definitive safegard measures on imports of circular welded carbon quality line pipe from Korea (US), and contains a cumulative index of published disputes.

Methodologically and theoretically innovative, this monograph draws from Marxism and deconstruction bringing together the textual and the material in our understanding of international law. Approaching 'civilisation' as an argumentative pattern related to the distribution of rights and duties amongst different communities, Ntina Tzouvala illustrates both its contradictory nature and its pro-capitalist bias. 'Civilisation' is shown to oscillate between two poles. On the one hand, a pervasive 'logic of improvement' anchors legal equality to demands that non-Western polities undertake extensive domestic reforms and embrace capitalist modernity. On the other, an insistent 'logic of biology' constantly postpones such a prospect based on ideas of immutable difference. By detailing the tension and synergies between these two logics, Tzouvala argues that international law incorporates and attempts to mediate the contradictions of capitalism as a global system of production and exchange that both homogenises and stratifies societies, populations and space.

A detailed analysis of the history of maritime transport services in the Uruguay and post-Uruguay Round negotiations and the role of the sector in the ongoing Doha Round talks. The reader will be confronted with an extensive overview of the role of maritime transport services in the WTO/GATS framework, a topic basically uncovered in the literature so far.

This book considers some of the fundamental issues concerning the legal framework that has been established to support a single EU securities market. It focuses particularly on how the emerging legal framework will affect issuers' access to the primary and secondary market. The Financial Services Action Plan (FSAP, 1999) was an attempt to equip the community better to meet the challenges of monetary union and to capitalise on the potential benefits of a single market in financial services. It led to extensive change in securities market regulation: new laws; new law making processes, and more attention to the mechanisms for the supervision of securities market activity and legal enforcement. With the FSAP nearing completion, it is a good time to take stock of what has been achieved, and to identify the challenges that lie ahead.

In order to understand international economic regulations, it is essential to understand the variation in competing corporations' interests. This book's theoretical findings open a 'black box' in the literature on international political economy and elucidate a source of regulatory differences and similarities. Its counter-intuitive case studies reveal how business and governments actually interact.

By exploring powerful corporations' investment profiles and regulatory strategies, this book explains why globalization sometimes results in a 'race to the bottom', sometimes in higher common regulations, and sometimes in regulations that differ between countries. Uniquely, it then explains which regulatory outcome is likely to occur under specified conditions. The explanation incorporates economics, political science, studies of regulatory capture, and examinations of transaction costs, firms' regulatory strategies, and the roles international institutions.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement.

Susan Sell's book reveals how power in international politics is increasingly exercised by private interests rather than governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by powerful multinational corporations who wished to mould international law to protect their markets.

The economic theory of Preferential Trade Agreements (PTAs), or discriminatory trade liberalization for and among a subset ofnations, was first analyzed with fun damental and startling insight by Jacob Viner (1950). He destroyed the intuition that any move towards free trade was welfare-enhancing, for the country itself or for the world, or for both. He introduced us memorably to the notion of trade di verting -- and here, he meant not diversion in the old and approving sense of en tertainment but in the modern and castigating sense ofdistorting - Free Trade Ar eas (FTAs) and Customs Unions (CUs). In other words, in the economists'jargon, discriminatory approaches to freeing trade were not monotonically welfare-im proving. The legal scholars of GATT and trade law, chiefly the giants Robert Hudec, John Jackson and Kenneth Dam in the United States, were quick to follow suit. Their classic writings on Article XXIV ofthe GATT, which provides an exception to the MFN obligation for contracting parties provided they go all the way and cre ate FTAs and CUs which are supposed to reduce internal trade barriers fully rath er than settle for a lesser preferential arrangement, are still a pleasure to read. They are in the best tradition of a creative interaction between the economic and the le gal disciplines. Indeed, today, as my own work with Robert Hudec, resulting in a major two-volume publication by MIT Press underlines, that interaction has be come yet more profound."

The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.

The key issues relating to China's accession to the World Trade Organization (WTO) are analyzed by leading scholars in this volume. Will China's membership burden the WTO's dispute settlement system? What effects will it have upon liberalization of telecommunications, textiles, banking, insurance, copyright and patent protection within China and the rest of the world? This book considers whether the inclusion of a major non-Western power, and the tenth largest trading nation in the world, will alter the international trading system, as well as encourage domestic legal and economic reform in China.

Reconciling all fields of international economic law (IEL) and creating bridges between disciplines in a conceptual as well as practical manner, this book stands out as the first modern, comprehensive international economic law textbook. Containing a technically solid yet critically rich body of knowledge that spans disciplines from trade law to investment, from trade finance to fisheries subsidies, from development to the digital economy and other new-age topics, the book offers the widest possible coverage of issues in current international economic law. Positioning IEL as a truly global practice, the comprehensive coverage includes various treaty texts, landmark cases and new materials, and is supplemented by case studies, real-life examples, exercises and illustrations. The case extracts and legal texts are selectively chosen, with careful editing and serious deliberation to engage modern law students. Mini chapters show examples of interdisciplinary interactions and provide a window into the future disciplines of international economic law.

EU services law is an emerging area of scholarship of great practical importance. This book is the first major contribution to the analysis and the development of the right to provide services. It is authoritative and represents different views on many of the pressing problems of the area.

Dieses mit der Otto-Hahn-Medaille der Max-Planck-Gesellschaft ausgezeichnete Werk entwickelt eine eigene These vom voelkerrechtlichen Legitimationsdefizit: Voelkerrechtlicher Rechtserzeugung fehlt es an Mechanismen institutionalisierter Opposition. Obwohl die Rechtserzeugungskompetenzen internationaler Institutionen zunehmen, fehlt es an Moeglichkeiten, Regelungsalternativen und AEnderungsvorschlage in voelkerrechtlichen Verfahren zu artikulieren. "Opposition im Voelkerrecht" entwirft im Anschluss an Hannah Arendt und Claude Lefort eine Theorie des Konzepts der Opposition, die auch im Voelkerrecht Anwendung finden kann. Es folgt eine interdisziplinare Studie, die zum ersten Mal voelkerrechtliche Rechtserzeugungsprozesse (konkret an drei Beispielen der Parlamentarischen Versammlung des Europarats, des WTO waiver-Mechanismus, der UNESCO Konvention zur kulturellen Vielfalt und des Cartagena-Protokolls zur Biodiversitat) unter dem Gesichtspunkt mangelnder Politisierung untersucht und die in der Voelkerrechtswissenschaft bisher nicht rezipierten philosophischen Ansatze von Hannah Arendt und Claude Lefort hierfur fruchtbar macht.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 1998: IX reports two cases. Firstly, this volume contains both Reports of the Appellate Body and of the Panel in the Guatemalian case about the anti-dumping investigation regarding portland cement from Mexico. Secondly, there is the Award of the Arbitrator in the Indonesian case regarding the automobile industry. The form of citation for this volume recommended by the WTO is DSR 1998: IX.