A New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order and brings together leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism.

The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat.
The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.
Among the issues and topics addressed:
- What is the definition of 'circumvention' in anti-dumping law? What are the characteristics and types of circumvention? Should circumvention in anti-dumping practice be distinguished as an acceptable or unacceptable transaction? If so, what is the line between them?
- What are anti-circumvention measures in major jurisdictions? Are these anti-circumvention measures compatible with the current WTO rules? Can these anti-circumvention measures be seen as an abuse of trade protectionism? In domestic anti-circumvention legislation, how can one keep a balance between adopting anti-dumping measures effectively and protecting the interests of all participants in the game through anti-circumvention measures?
- What are the different arguments of the parties who are involved in an anti-circumvention investigation? What are the factsbehind those arguments?
- Should developing countries amend anti-circumvention provisions to their anti-dumping legislation for the purpose of protection as some developed countries did?
- What is the relationship between anti-circumvention measures and foreign direct investment?
- What steps should be taken against the abuse of anti-circumvention measures? What anti-circumvention measures should be designed in the context of the international legal framework so as not to conflict with the principles of the WTO? And how should they be implemented?

This book provides a broad understanding of whether law plays a role in influencing patterns of sustainable consumption and, if so, how. Bringing together legal scholars from the Global South and the Global North, it examines these questions in the context of national, transnational and international law, within single and plural legal systems, and across a range of sector-specific issue areas. The chapters identify how traditional legal disciplines (e.g. constitutional law, consumer law, public procurement, international public law), sector-related regulation (e.g. energy, water, waste), and legal rules in specific areas (e.g. eco-labelling and packing) engage with the concept of sustainable consumption. A number of the contributions describe this relationship by isolating a national legal system, while others approach it from the vantage point of legal pluralism, exploring the conflicts and convergences of rules between multiple international treaties (or guidelines) and those between the rules of international and transnational law (or both) vis-a-vis national legal systems. While sustainable consumption is recognised as an important field of interdisciplinary research linking virtually all social science disciplines, legal scholarship, in contrast, has neglected the importance of the field of sustainable consumption to the law. This book fills the gap.

Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committee's purview. This book analyzes in detail the items being considered by ICAO's Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAO's scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.

Non-discrimination requirements, such as most-favored nation and national treatment obligations, are central to both international trade law and international investment law. Significant inconsistencies between the fields are evident, however, in the way adjudicators have treated key elements of the test for discrimination. This book surveys and criticizes the manner in which tribunals have employed the concept of regulatory purpose in determining whether discrimination has occurred. The authors of this book propose a new definition of regulatory purpose that assists in framing the test for unlawful discrimination in both fields of law. It provides a systematic and structured analysis of how regulatory purpose should - and should not - be used in applying non-discrimination norms. Throughout, the book compares and contrasts trade and investment law, drawing out several parallels and suggesting areas in which one legal system might answer or shed light on questions arising in the other. With its comprehensive and up-to-date analysis of trade and investment jurisprudence, this book will appeal to practitioners and academics in the fields of trade and investment law. Lawyers and adjudicators will find it a useful source of ideas and proposals to inform their arguments and decisions. For government officials, it will be informative when considering the optimal way to structure measures that may affect the interests of foreign traders or investors. It will also provide a useful survey of the literature for academics, as well as a springboard for further comparison of international trade and investment law.

The globalisation of markets has pushed static, territorially-bounded legal structures towards a more rapid and efficient adaptation to the globalised and regionalised reality. In addition, substantial modifications in the structure and activities of financial institutions have increased risks and the need for new regulatory responses. Efforts to harmonise commercial law within the global order have resulted in a fragmented and ad hoc process, constructed according to multiple different interests and in order to preserve public policies in the face of transnational challenges. This book is the first to systematically analyse the current state of commercial law from a global perspective. The author seeks to both identify the reasons that are fostering the harmonisation process and to explain the ways in which it is developing. Among the relevant elements examined in this thorough analysis are the following: how emerging countries are absorbing international standards (with a special case study of Brazil); the impact of corporate activities on legal systems; the role of the corporation in promoting the standardisation of laws; issues of social responsibility and corporate accountability; justifications for the regulation of the corporate world; free trade vs. "fair trade"; the impact of treaty reservations and different forms of treaty incorporation into national legal systems; interaction between regional trade agreements and the WTO system; how movements of capital are reflected in international initiatives as well as in regional legislation and regulation; co-operation among national financial authorities; the emerging new lex mercatoria; and, the role of professional associations such as the International Chamber of Commerce (ICC).

This greatly revised edition of an influential 1999 book consolidates its authoritative advocacy of the New Lex Mercatoria (NLM). Since the publication of the first edition, self-regulation and private governance in international business have gained world-wide recognition. Three dynamic commercial law initiatives in particular demonstrate that, in spite of the long-lasting dispute about the nature and dogmatic underpinnings of NLM, legal theory and international practice have accepted that transnational business law is open to the 'codification' of its contents. The UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and (most recently and dramatically) the TransLex Principles at www.trans-lex.org all draw their legal conclusions from observing the real-life phenomena surrounding regional and global integration of markets and foreign direct investment. This new edition presents an advanced elaboration of the author's 'Creeping Codification' thesis based on the TransLex Principles, an Internet-based method using an ongoing, spontaneous, and dynamic codification process which is never completed. The TransLex Principles contain black-letter texts of 128 principles and rules of the NLM with comprehensive, constantly updated comparative law references from domestic statutes, court decisions, doctrine, arbitral awards, and uniform laws. An annex to this book contains a synopsis of the wealth of materials available on the TransLex web site as well as a rare personal account of one of the fathersA"of the NLM, Philippe Kahn. International legal practitioners and academics alike have long complained about the inadequate legal framework for international trade and commerce. This book, with its far-reaching theoretical and methodological analysis of the doctrine of an autonomous transnational economic law, clearly opens the way to an independent and workable third legal system alongside domestic law and public international law. It offers international practitioners (contract negotiators, arbitrators, attorneys and other representatives of the parties in international arbitration proceedings) with a powerful and reliable instrument to apply transnational commercial law in daily legal practice.

The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world. With particular attention to ongoing major negotiations of bilateral and regional investment treaties, including the TPP, TTIP and China's BIT negotiations with the EU and USA, the collection is timely, thorough, and incisive. All readers with an interest in the latest developments in international investment law in general, and the Chinese foreign investment regime in particular, will find an indispensable new resource in this collection of essays from esteemed experts in the field. The volume originated from the "China and ICSID" International Workshop and Roundtable on International Investment Law and Arbitration, organized to commemorate the 20th anniversary of China's accession to the ICSID Convention.

The perceived impact of WTO law on the domestic regulatory autonomy of WTO Members is increasingly becoming the subject of controversy and debate. This book brings together in an integrated analytical framework the main WTO parameters defining the interface between the WTO and domestic legal orders, and examines how WTO adjudicators, i.e. panels and the Appellate Body, have construed those rules. A critical analysis identifies the flaws or weaknesses of these quasi-judicial solutions and their potential consequences for Members' regulatory autonomy. In an attempt to identify a more proper balance between WTO law and regulatory autonomy, it develops an innovative interpretation of the National Treatment obligations in GATT and GATS, drawing upon compelling arguments from legal, logic and economic theory.

In the early 21st-century, companies pursue their goals with little regard for national borders. However, it remains true that business activity is regulated to a significant extent by each national jurisdiction. This is particularly true of mergers; as anyone knows who has ever been involved in a transnational merger in multiple jurisdictions, the knottiest problems and issues arise from variations in national competition and merger laws. This text offers an in-depth proposal for an international merger control regime that is firmly grounded in and supported by a framework of economic and legal theory. It arrives at its conclusions along three major avenues: a study of the concepts of global public good and consumer welfare that underlie the progress of globalization; detailed analyses of the two most important and highly developed merger law systems, those of the European Union and the United States; and a systematic and comprehensive review of the major existing proposals, both institutional and scholarly, for an international merger control regime. A special chapter is devoted to the complex custodial role of the World Trade Organization, both in its present activity and as it is envisioned in the various proposals.

Among the important elements of the problem (and its potential solutions) discussed in this book are the following:
- the strong influence of legal culture in the different Asian countries;
- the limits of IP harmonisation in Europe;
- the importance of understanding the political and cultural perceptions that prevail in the various Asian countries;
- the non-uniform approach of different Asian countries due in part to bilateral free trade agreements; and
- the experience of patent office cooperation and its potential as a model for smaller countries.

Economic globalization and Compliance with International Environmental Agreements is an innovative and in depth consideration of the challenges economic globalization poses for the effective application of multilateral environmental accords. The introductory part of the book examines particular challenges of economic globalization. Part II tackles the interrelationship of global and regional environmental agreements and free trade regimes. It first looks at trade and other economic measures mandated by various environmental agreements, then at environmental measures in economic agreements. The third part of the book turns to compliance, analyzing the potential positive and negative impact of multilateral institutions, states, and transnational corporate activity. The last chapter considers the impact on compliance of modern dispute avoidance and dispute settlement mechanisms.

This work examines trade and development from the point of view of developing countries, it provides a rare opportunity to understand - and benefit from - the perspectives of the developing world. Developing nations comprise two-thirds of the membership of the World Trade Organization (WTO) so a work produced by an array of experts from those countries provides an important window on the intersection of trade and development.
This timely and useful resource will examine each of the following topics:
Part I. The WTO, Multilateral and Regional Frameworks for Trade. 1. Development and the World Trade Organization: Proposal for the Agreement on Development Facilitation and the Council for Trade and Development in the WTO, Yong-Shik Lee. 2. A Reflection on the South-South Coalition in the Last Half Century from the Perspective of International Economic Law-making, An Chen. 3. The WTO, Democracy, and Development: A View from the South Bhupinder Chimni. 4. Liberalization of Trade in Services and Trade Negotiations, Alejandro Jara and M del. Carmen Dominguez. 5. One Year Since the WTO Hong Kong Ministerial Conference: Developing Countries Re-claim the Development Content of the WTO Doha Round, Faizel Ismail. 6. Trade Diplomacy and Development Clubs: The Interaction in the Americas, Diana Tussie. Part II Trade and Development: Cases of Seven Developing Countries. 7. Export Promotion and Economic Development: Korea's Experience, Jai S. Mah and Jae-hee Kang. 8. The Evolution of China's International Trade Policy: Development Through Protection and Liberalization, Jiangyu Wang. 9. Liberalizing Border Trade: Implications for Domestic Agricultural Markets in India, Rajesh Chadha, DevenderPratap, and Anjali Tandon. 10. Legal Reforms and International Economic Development: Iran's Economic Development from a Global Perspective, Ali Z. Marossi. 11. EU Maritime Rules and Transport Sector Policy Reform in Turkey, Subidey Togan. 12. Trade Liberalization for the Second Largest Country in Europe: Going East, West, Or Can It Be Both?. Oleg Riabokon. 13. How Far Can LDCs Benefit from Duty Free and Quota Free Market Access?: The Case of Uganda, Francis Mangeni.

This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions Guidance on how these tactics are addressed in national and international law Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.

This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights - the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.

With the creation of a single global market in financial services, the effective regulation of banks at the international level has become essential. This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response, beginning with the collapse of the Bretton Woods system of managed exchange rates and the resulting establishment of the Basel Committee on Banking Supervision in 1974. The author describes the structure and operation of the Committee and examines both the content of its core supervisory papers and the development of its more general regulatory programme. The emergence of increasingly complex international banking and financial conglomerates has required a fundamental revision of the traditional sector-based methods of supervision and regulation. The book examines the difficulties associated with the cross-border and cross-sector regulation of such groups and assesses the international response to these problems. Financial crises in Asia and elsewhere during the late 1990s generated further anxiety concerning the stability of the international financial market place. The causes of the crises are accordingly examined and the various responses adopted as part of an international financial architecture analysed in detail. This book addresses all the major factors involved in international banking supervision, conglomerate control and financial stability together in a single text. It should prove a useful reference and analytical tool for all those specializing in international banking and financial market control.

This year's volume of the "Comparative Law Yearbook of International Business" deals with the subject of Product Liability Law. This is a growing area, in which, manufacturers and suppliers are finding themselves more and more responsible for the quality of their products and for the consequences flowing from any defect therein. This book discusses a wide variety of topics, which come under the umbrella of product liability, ranging from liability for injuries caused by the use of asbestos and other toxic substances to the responsibility of air carriers in hijack situations. There is a growing amount of litigation throughout the world tackling the problems arising from the safety of products. These laws take into account the manufacturing process, the transportation, storage and delivery of goods, the intended use of products, their fitness for such purpose, and any warnings or instructions as to use given to consumers and end users. This publication also covers the question of jurisdiction in product-related litigation, particularly in crossborder transactions. In many instances, a plaintiff will attempt to bring his action in the United States, due to the large amount of damages, especially punitive damages, awarded there by juries in civil actions. Defendants, on the other hand, seek to counter this by raising issues such forum non conveniens. There also is the question of state versus federal jurisdiction within the United States, as well as a discussion focusing on the possible growth of federalism within the European Union and its impact upon product liability nationally and at a European level. A comparison of the divergent cultural attitudes towards property in China and the United States, including the different emphases placed upon the ownership and role of property in society, demonstrates the different views of product liability. Another aspect of defective goods dealt with here is liability for the recall of a dangerous product. There is a chain of responsibility stretching from the manufacturer, trough various levels of suppliers, to the final retailer of goods, which is obviously important when attempting to remove dangerous products from the market as quickly as possible, before they can cause widespread injury to consumers. This has been shown to be particularly relevant in cases involving automobiles and food products. Overall, therefore, Product Liability Law is a vital part of the general law protecting consumers, both on a national and international basis, which makes this book a very interesting and useful read for anyone involved in this area.

The book reflects on the issues concerning, on the one hand, the difficulty in feeding an ever- increasing world population and, on the other hand, the need to build new productive systems able to protect the planet from overexploitation. The concept of "food diversity" is a synthesis of diversities: biodiversity of ecological sources of food supply; socio-territorial diversity; and cultural diversity of food traditions. In keeping with this transdisciplinary perspective, the book collects a large number of contributions that examine, firstly the relationships between agrobiodiversity, rural sustainable systems and food diversity; and secondly, the issues concerning typicality (food specialties/food identities), rural development and territorial communities. Lastly, it explores legal questions concerning the regulations aiming to protect both the food diversity and the right to food, in the light of the political, economic and social implications related to the problem of feeding the world population, while at the same time respecting local communities' rights, especially in the developing countries. The book collects the works of legal scholars, agroecologists, historians and sociologists from around the globe.

In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations. This book focuses on the question why companies conclude GFAs, and identifies four groups of incentives: reduction and privatization of conflicts; public relations; promotion of equal competitive conditions; exogenous requirements and avoidance of public regulation. Based on an in-depth analysis of incentives considered to play a dominant role in the decision of companies to conclude GFAs, the book attempts to predict under which conditions GFAs can be expected to proliferate in the future.

This is a multidisciplinary volume comprising contributions from lawyers, scientists and policy makers on the globally significant issue of accessing biological, and ultimately genetic, resources for commercial and scientific purposes. This volume deals with a number of international instruments but emphasizes the Convention on Biological Diversity and considers the International Treaty on Plant Genetic Resources for Food and Agriculture, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, the rights of Indigenous Peoples, as well as issues in bioprospecting, scientific and commercial development. Consideration of the issues is raised at national, regional and international levels but here the focus is primarily the unique Australian experience, thereby reflecting the larger international debates between the developed nations and the megadiverse developing nations.

Much has been written on the human rights relevance and impacts of the policies and activities of the World Bank and IMF --or International Financial Institutions (IFIs). However while many of the human rights-based critiques of the Bank and Fund purport to link broadly defined reforms with obligations under international human rights law,rarely has this been carried out through a rigorous and in-depth application of international legal rules governing the proper interpretation of the institutions' mandates, and rarely have the policy consequences and practical possibilities for human rights integration been explored in any detail. These are the principal gaps that the present book aims to fill, by reference to a sample of the IFIs' most important and controversial contemporary activities.

This text makes detailed analyses and comments on the MAI from the perspective of a Chinese scholar. The author believes that the "behind closed doors" process of MAI negotiations is unacceptable for developing countries, NGOs, and civil societies, and is inadvisable for any future negotiations on investment rules. The substantive contents of the MAI which include the definition of investor and investment, treatment of foreign investors and investments, treatment for investment protection, and the dispute settlement mechanism are of high standards that render them unreachable and unacceptable for developing countries. The nine chapters of the book include: an introduction; An analysis of the background of the MAI negotiations which briefly reviews the process and results of the negotiations and makes the author's comments on the negotiations; an analysis and evaluation of the main features of MAI provisions and the approaches adopted by the MAI; An exploration of the scope of application of the MAI through the analysis of the respective definition of investor and investment in the MAI, and points out that the purpose of broad definition is to broaden the MAI's scope of application; An analysis and comment on the MAI's general principles of treatment accorded to foreign investors and their investments, and points out that the MAI's provisions in this regard have negative impacts on developing countries; An introduction to the MAI's specific rules of treatment accorded to foreign investors and their investments in such new areas of international investment as performance requirements, investment incentives, key personnel, privatization, as well as monopoly, state enterprises and concessions. There is also: an analysis and commentary on the MAI's treatment provisions on investment protection, that is, the fair and equitable treatment and full and constant protection and security treatment as the general treatment, and the specific treatment with regard to expropriation and compensation, protection from strife and transfers; an introduction to and evaluation of the MAI's dispute settlement mechanism: the state-state procedure and the investor-state procedure, and; a conclusion.

Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad. Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction. Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.

From modest beginnings in the early 1990's, a reform movement in the regulation of public procurement has mushroomed into a global imperative. Two fundamental values of international free trade policy--value for money and the deterrence of corruption--have brought intense scrutiny to bear on public procurement practices in nearly every country. Now international standards (notably those of the WTO and the EU) must be met if a trading nation is to take its place in the global markets. This collection of essays offers fifteen distinct views on the current status and trends in public procurement and its various aspects. From general discussion of setup, overcoming obstacles, ensuring transparency, and compliance with international rules to specific issues raised in economies as diverse as Kosovo, China, and the United States, "Public Procurement: The Continuing Revolution provides a great wealth of insight and information. Although the emphasis throughout is on legal issues, the contributors include not only lawyers but also economists and specialists in purchasing practice. In addition, this is the first book to note the relatively recent trend, in developed countries, toward a less prescriptive, more flexible approach to regulation in which a degree of transparency is sacrificed. The question of how this trend will affect international procurement regimes is perhaps the most viral and interesting aspect of current theory and practice in the field. "Public Procurement: The Continuing Revolution is of inestimable value not only to public procurement specialists, whatever their profession, but to a much wider audience who will recognise the decisive influence of this important economicactivity on the entire area embracing trade and even international relations. Most of these essays were originally presented as papers at an international conference hosted by the Public Procurement Research Group at the University of Nottingham in September 2001.

This book integrates important milestone cases with new analyses to provide comprehensive coverage of environmental law and economics. It covers important international topics, including interactions of global environmental features and public/private health, economics of the institutions for optimal environmental management, extension of the Polluter Pays Principle to the global arena (including international trade), improved approach to the usage of cost-benefit analysis methods, economic or environmental decision-making under risk aversion and uncertainty, integration of operations in world trade and finance with the ecology and economics of the environment, objective treatment of methods of compliance, and dispute settlement procedures in the international environmental disputes arena.