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Books > Law > International law > Public international law > International economic & trade law > General

Dispute Settlement Reports 2019: Volume 3, Pages 1099 to 1744 (Hardcover): World Trade Organization Dispute Settlement Reports 2019: Volume 3, Pages 1099 to 1744 (Hardcover)
World Trade Organization
R5,510 Discovery Miles 55 100 Ships in 12 - 17 working days

These are the WTO's authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. DSR 2019: Volume III contains the panel and Appellate Body reports on 'United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381), Recourse to Article 21.5 of the DSU by the United States', 'Second Recourse to Article 21.5 of the DSU by Mexico'.

Regulating Health and Environmental Risks under WTO Law - A Critical Analysis of the SPS Agreement (Hardcover): Lukasz... Regulating Health and Environmental Risks under WTO Law - A Critical Analysis of the SPS Agreement (Hardcover)
Lukasz Gruszczynski
R2,926 Discovery Miles 29 260 Ships in 12 - 17 working days

The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient instrument for the elimination of trade and tariff barriers. This process coincided with increased national regulatory controls, which were particularly visible in the area of risk regulation. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although, for the most part, the new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. Regulating Health andEnvironmental Risks under the WTO Law examinesthe WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). In which it is an attempt by the international community to limit possible abuses while assuring WTO Members of an extensive margin of regulatory discretion.
The central problem that the book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. In answering this question, the author provides a comprehensive and critical examination of the substantive provisions of the Agreement and corresponding case law. In this context, the book particularly focuses on two issues: the consistency in the interpretation of the SPS Agreement and the appropriateness of its various requirements. This analysis leads the author to conclude that despite some interpretative failures of SPS case law, the system established by the SPS Agreement seems to provide an effective solution for the supervision of domestic SPS measures.

Introduction to International Business Transactions (Hardcover): Aaron X. Fellmeth Introduction to International Business Transactions (Hardcover)
Aaron X. Fellmeth
R4,414 Discovery Miles 44 140 Ships in 12 - 17 working days

This innovative textbook introduces the legal concepts, regimes and actors that regulate international business transactions. The book guides readers through the major aspects of international business law using state-of-the-art teaching techniques and offers comprehensive coverage on key treaties, legal aspects of international commerce and the regulation of global trade and investment. Introduction to International Business Transactions covers the widest range of topics in the field, including transnational intellectual asset protection, international commercial agreements, import and export regulation, foreign direct investment and planning for international business disputes. Its key features include: A thematic organisation of the material according to critical business challenges faced by those who work in the field Notes from the field written by practitioners, offering practical insights into the daily life of lawyers in different fields of international business law and what skills are conducive to success in each Policy boxes exploring the basis for the regimes and doctrines that regulate world trade and case study boxes to illustrate how these work in action Full colour illustrations outlining complex legal concepts to reinforce learning Practice essays and multiple-choice questions to strengthen understanding. Comprehensive and dynamic, this textbook will be crucial reading for students of international business transactions, as well as students of all levels in international business law searching for a broad and engaging illustration of the field.

International Development Law - Rule of Law, Human Rights, and Global Finance (Hardcover): Rumu Sarkar International Development Law - Rule of Law, Human Rights, and Global Finance (Hardcover)
Rumu Sarkar
R3,645 Discovery Miles 36 450 Ships in 12 - 17 working days

As we move further into the 21st century, it is incumbent upon lawyers and law students to understand and manage the complexities of sustainable development. International Development Law: Rule of Law, Human Rights, and Global Finance offers a coherent and systematic overview of the many issues and underlying trends that affect 'international development law' and the underlying legal architecture between developing countries and advanced nations. Professor Sarkar describes how international development works, its shortcomings, its theoretical and practical foundations, along with the prescriptions for the future. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global policy issues.

International Economic Actors and Human Rights (Hardcover): Adam McBeth International Economic Actors and Human Rights (Hardcover)
Adam McBeth
R4,380 Discovery Miles 43 800 Ships in 12 - 17 working days

In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor - the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises - and analyses the interaction of each category with human rights, in each case analysing the interaction of the different fields of law and seeking to identify a role for international human rights law.

Adam McBeth concludes that each of the selected international economic actors can and should be considered to operate within a holistic system of international law, including human rights obligations, but that changes in the operations and the accountability mechanisms for each actor are necessary for the practical implementation of that approach.

While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. International Economic Actors and Human Rights will be of great interest to those studying or working in any field of international economic law, as well as human rights scholars and practitioners.

Rules, Rubrics and Riches - The Interrelations between Legal Reform and International Development (Paperback): Shailaja Fennell Rules, Rubrics and Riches - The Interrelations between Legal Reform and International Development (Paperback)
Shailaja Fennell
R1,530 Discovery Miles 15 300 Ships in 12 - 17 working days

Rules, Rubrics and Riches highlights the limitations of existing approaches to understanding the relationship of the law to the process of development. It interrogates neoclassical economic thinking that draws on the narrow rubric of self-interest to understand the acquisition of riches. It takes issue with both the traditional 'law and development' movement, that was unable to shake colonial overtones, and the more recent 'law and economics' school that continues to emphasise the centrality of rational man at the micro level and the superiority of linear models of economic progress at the macro level. Written as an analysis of and commentary on the contribution of the law to international development, using legal cases and development trajectories in China, India and Malaysia, the book makes the case that individuals do not operate in a vacuum but rather within the social contexts of larger human structures such as family, community and nation. Rules, Rubrics and Riches is distinctive in the view that demanding equality for the individual is inappropriate if this occurs without looking at the broader context of the need for equity: within families, communities and nations. The book offers a new frame for 'law and development' thinking that point to a new set of rules, using a broader rubrics to ensure a sustainable accumulation of riches. It will be of interest to students and scholars working in the fields of law and development, development studies and international and comparative law.

The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals -... The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals - Introduction, Text and Commentaries (Hardcover)
Campbell McLachlan
R1,604 R1,489 Discovery Miles 14 890 Save R115 (7%) Ships in 12 - 17 working days

The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

Greening International Institutions (Paperback): Jacob Werksmann Greening International Institutions (Paperback)
Jacob Werksmann
R1,031 Discovery Miles 10 310 Ships in 12 - 17 working days

Environmentally sustainable development has become one of the world's most urgent priorities. But countries cannot achieve it alone: it depends on international coordination and action. Greening International Institutions, the latest in a series of highly-acclaimed publications devoted to environmental and developmental law, assesses how far and how successfully intergovernmental organizations have responded to the challenge. The organizations analyzed include: the UN General Assembly, the new Commission for Sustainable Development, UNEP, UNDP and UNCTAD, WTO, GATT, NAFTA, the Bretton Woods institutions and several regional bodies, as well as treaty bodies and the mechanisms for avoiding and settling disputes. For each, the contributors provide an accessible overview of the organization's mandate and structure, examine substantive policy initiatives and assess the need and scope for procedural and institutional reform. Drawing together a collection of essays by lawyers and researchers from various backgrounds, Greening International Institutions is stimulating reading for students and policy-makers, as well as anyone concerned with the development of international institutions. Jacob Werksman is an attorney, a Programme Director at FIELD, and Visiting Lecturer in International Economic Law at the University of London. Greening International Institutions is the fifth volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature and Improving Compliance with International Environmental Law. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1996

Nationalization, Natural Resources and International Investment Law - Contractual Relationship as a Dynamic Bargaining Process... Nationalization, Natural Resources and International Investment Law - Contractual Relationship as a Dynamic Bargaining Process (Paperback)
Junji Nakagawa
R1,240 Discovery Miles 12 400 Ships in 12 - 17 working days

Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.

Developments in EU External Relations Law (Hardcover, New): Marise Cremona Developments in EU External Relations Law (Hardcover, New)
Marise Cremona
R4,219 Discovery Miles 42 190 Ships in 12 - 17 working days

External relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty. This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas.
The volume opens with an assessment of a central concept at the heart of EU external relations, underpinning its international identity. Christophe Hillion analyses the legal principles which ensure coherence between different strands of the EU's external activity, and the contribution of law to the consistency of the EU's international presence. Frank Hoffmeister turns the focus outwards to the interaction between the EU and the international legal order- the legal basis for the EU's activity in shaping international law and the EU's contribution to 'state practice'.
These opening chapters develop a picture of the EU's active international participation as well as the characteristic structural complexity of its external relations, and against this background the remainder of the book examines key policy areas of EU external action. Lorand Bartels analyses the relationship between trade policy and development; Markus Krajewski discusses trade in services and the link between external and internal policy issues; and Nathalie Tocci assesses the EU's contribution to conflict resolution, an important focus of the Common Foreign and Security Policy. The complex policy picture that emerges from the different goals, values and instruments across these areas is examined in the book's final chapter which focuses on the European Neighborhood Policy, frequently proclaimed as a strategic priority for the EU.
Together, the essays present a clear picture of the complex development of EU external relations, of the struggle for coherence in the increasingly active, visible and self-conscious role played by the EU as a participant in the international legal order.

The Future of International Economic Law (Paperback, New): William J Davey, John Jackson The Future of International Economic Law (Paperback, New)
William J Davey, John Jackson
R1,185 Discovery Miles 11 850 Ships in 12 - 17 working days

This book comprises fifteen specially commissioned contributions from the Editorial Board of the Oxford Journal of International Economic Law in celebration of the Journal's tenth anniversary. The contributions examine various issues confronting the international economic regime today, and cover a wide range of international economic institutions such as the IMF, the World Bank, and the WTO.
It pays particular attention to examining the WTO and its regulatory scope, its systemic and structural deficiencies, its role in development and in liberalizing trade in services, its tense relationship to regionalism and to trade-related issues such as environment, competition and dispute settlement in the field of investment.
The contributions are authored by leading academics in the field, including lawyers, economists, and political scientists who come from a range of developed and developing country backgrounds. This book constitutes a reflection by important individuals on almost all the major contemporary issues facing the WTO today, and therefore represents a snapshot of the key lines of thinking among many of the leading legal scholars of the WTO and international economic regime which are likely to guide the field in the years to come.
This is a book edition of the special 10th anniversary third issue of vol. 10 of the Oxford Journal of International Economic Law September 2007.

International Insolvency Law - Themes and Perspectives (Hardcover, New Ed): Paul Omar International Insolvency Law - Themes and Perspectives (Hardcover, New Ed)
Paul Omar
R4,243 Discovery Miles 42 430 Ships in 12 - 17 working days

International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalisation and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field, who trace the development of the subject, give an account of the influences of economics, legal history and private international law and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.

ICSID Reports: Volume 19 (Hardcover): Jorge Vinuales, Michael Waibel ICSID Reports: Volume 19 (Hardcover)
Jorge Vinuales, Michael Waibel
R9,374 R7,032 Discovery Miles 70 320 Save R2,342 (25%) Ships in 12 - 17 working days

The ICSID Reports provide an authoritative collection of investor-State arbitral awards rendered under the auspices of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) and other institutions. These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment law. The ICSID Reports are an invaluable tool for practitioners, scholars and government lawyers working in the field of public international law, investment treaty arbitration, and international commercial arbitration, whether advising foreign investors or States. Volume 19 of the ICSID Reports focuses on The Meaning of Investment, including an opening piece on the unity of investment by leading scholar and arbitrator Professor Christoph Schreuer and an overview of subject-matter jurisdiction by Professor Michael Waibel. Volume 19 of the ICSID Reports includes summaries, digests and excerpts of decisions rendered between 2004 and 2016 in 21 cases: Mitchell v. DRC, Malaysian Historical Salvors v. Malaysia, Bayview v. Mexico, Biwater Gauff v. Tanzania, Quasar de Valors v. Russia, Phoenix Action v. Czech Republic, Romak v. Uzbekistan, Fakes v. Turkey, Global Trading Resource v. Ukraine, HICEE v. Slovakia, Abaclat v. Argentina, Caratube v. Kazakhstan, Deutsche Bank v. Sri Lanka, Standard Chartered Bank v. Tanzania, Ambiente Ufficio v. Argentina, AES v. Kazakhstan, Enkev Beheer v. Poland, Postova banka v. Greece, Gavazzi v. Romania, and MNSS v. Montenegro.

Buying Social Justice - Equality, Government Procurement, & Legal Change (Hardcover): Christopher McCrudden Buying Social Justice - Equality, Government Procurement, & Legal Change (Hardcover)
Christopher McCrudden
R3,602 Discovery Miles 36 020 Ships in 12 - 17 working days

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.

International Trade Law (Paperback, 6th edition): Indira Carr, Peter Stone International Trade Law (Paperback, 6th edition)
Indira Carr, Peter Stone
R1,673 Discovery Miles 16 730 Ships in 9 - 15 working days

International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts E-Commerce issues, including electronic bills of lading Insurance and payment mechanisms, such as letters of credit and the UCP 600 International transportation of cargo, including the Rotterdam Rules Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and developments relating to deferred prosecution agreements In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.

International Trade and Business Law Review - Volume X (Paperback, 2006): Gabriel Moens, Roger Jones International Trade and Business Law Review - Volume X (Paperback, 2006)
Gabriel Moens, Roger Jones
R2,161 Discovery Miles 21 610 Ships in 12 - 17 working days

Compiled by leading international trade law practitioners and academics from across the globe, this volume provides legal and business communities with information, knowledge and an understanding of recent developments in international trade, business and international commercial arbitration. Scholarly in style, this volume contributes to the discussions surrounding the developments whilst being informative and of practical use to the business community and lawyers. Covering the areas of international trade and business law, arbitration law, foreign law and comparative law, with one section devoted to the Willem C. Vis International Commercial Arbitration Moot, it contains: leading articles comments case notes book reviews. International Trade and Business Law Review is an invaluable resource for post-graduate students and business and legal professionals, primarily studying and working in the UK, USA and Australia.

CISG and the Unification of International Trade Law (Hardcover, New): Bruno Zeller CISG and the Unification of International Trade Law (Hardcover, New)
Bruno Zeller
R3,897 Discovery Miles 38 970 Ships in 12 - 17 working days

Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality.

Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws.

Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.

Non-Proliferation Export Controls - Origins, Challenges, and Proposals for Strengthening (Hardcover, New Ed): Daniel Joyner Non-Proliferation Export Controls - Origins, Challenges, and Proposals for Strengthening (Hardcover, New Ed)
Daniel Joyner
R4,351 Discovery Miles 43 510 Ships in 12 - 17 working days

This volume provides a comprehensive and interdisciplinary examination of the Multilateral Non-Proliferation Export Control system and the national and international context within which it functions. Key features: "

CISG and the Unification of International Trade Law (Paperback): Bruno Zeller CISG and the Unification of International Trade Law (Paperback)
Bruno Zeller
R1,513 Discovery Miles 15 130 Ships in 12 - 17 working days

Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality.

Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws.

Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.

The ICSID Convention, Regulations and Rules - A Practical Commentary (Hardcover): Julien Fouret, Remy Gerbay, Gloria M Alvarez The ICSID Convention, Regulations and Rules - A Practical Commentary (Hardcover)
Julien Fouret, Remy Gerbay, Gloria M Alvarez
R12,228 Discovery Miles 122 280 Ships in 12 - 17 working days

This original commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the Washington Convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution and arbitration rules as well as the administrative and financial regulations. Key features include: Contributions from leading practitioners, academics and government officials in the field of international investment law and arbitration, drawn from different backgrounds and jurisdictions to give an exhaustive view of the topic Analysis of current thinking around proposed amendments to ICSID Rules, together with an examination of potential future developments in their interpretation and implementation Inclusion of the full text of the Convention, Regulations and Rules provided for ease of reference Detailed commentary on the Convention, Regulations and Rules, including up-to-date analysis of all significant case-law. Highly practical information and insights presented in an accessible format, ideal for use by Arbitration Tribunals. This unique and comprehensive work will be an essential resource for practising lawyers and policy-makers in the investment arbitration community. The book will also be an important reference work for researchers and academics in international investment law and international arbitration.

International Organizations as Law-makers (Hardcover, New): Jose E. Alvarez International Organizations as Law-makers (Hardcover, New)
Jose E. Alvarez
R5,933 Discovery Miles 59 330 Ships in 12 - 17 working days

International Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct 'domestic jurisdiction' of states, as well as on traditional conceptions of the basic sources of international law. Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties 'better'. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of 'soft' and 'hard' global law, including the potential for forms of hegemonic international law.

GATT, WTO and the Regulation of International Trade in Textiles (Hardcover): Claudia Jimenez Cortes GATT, WTO and the Regulation of International Trade in Textiles (Hardcover)
Claudia Jimenez Cortes
R3,489 Discovery Miles 34 890 Ships in 12 - 17 working days

Published in 1997, in this book an attempt has been made to analyze the legal structure of GATT and the WTO as well as those agreements which control trade in textiles. One of the GATT's major failures was its inability to come into line with the new economic reality and the needs of those states who created this system for controlling international trade. Trade in textiles was an excellent example of this. Now, the WTO aims to overcome this problem thanks to its greater pragmatism and its search for solutions to free trade difficulties. The WTO is not, however, the perfect solution. Its highly political character allows room for improvement even though the key to its success still lies with the effective cooperation of member states. As for the textile sector, this new panorama for trade in goods provides it with a new opportunity to finally return to the general legal framework in the year 2005.

Regulating Finance - Balancing Freedom and Risk (Hardcover, New): Tommaso Padoa-Schioppa Regulating Finance - Balancing Freedom and Risk (Hardcover, New)
Tommaso Padoa-Schioppa
R4,604 Discovery Miles 46 040 Ships in 10 - 15 working days

Grounding its analysis in the historical evolution of financial regulation, this book addresses a range of public policy issues that concern the design of financial regulation and its enforcement, and contributes several new ideas to the debate in this field. Financial systems have become more competitive across sectors of financial institutions and nations, and direct regulations have been removed in pursuit of efficiency. However, as the risk of institutional failures has increased, de-regulation has had to be followed by re-regulation. In which form should this happen? This book answers this question. First revisiting the issue of "why to regulate", Padoa-Schioppa argues that the need to continue to regulate banks in a special way follows from their key role as liquidity providers. At the same time, his argument recognizes the need for close interplay in the regulation of different financial sectors. The book goes on to discuss "how" regulation should be carried out in the modern environment. It should be market-friendly, but the balance between official intervention and market discipline is difficult to get right. Moreover, in an increasingly international context, financial regulation has to be evenly applied across countries to avoid regulatory arbitrage. The final part of the book turns to issues specifically connected with developments in the European Union. One major issue is the maintenance of financial stability in the Euro area where the financial system is becoming especially integrated. Another major issue is the appropriate role of central banks. As the literature and practice are still very much under development, Padoa-Schioppa analyses the general aspects of the financial stability function of central banks - particularly in relation to the monetary policy and supervision functions - as well as the tools available for the Eurosystem.

Pharmaceutical Patent Protection and World Trade Law - The Unresolved Problem of Access to Medicines (Hardcover): Jae Sundaram Pharmaceutical Patent Protection and World Trade Law - The Unresolved Problem of Access to Medicines (Hardcover)
Jae Sundaram
R3,921 Discovery Miles 39 210 Ships in 12 - 17 working days

Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve. Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country's national constitutions.

WTO Trade Remedies in International Law - Their Role and Place in a Fragmented International Legal System (Hardcover): Roberto... WTO Trade Remedies in International Law - Their Role and Place in a Fragmented International Legal System (Hardcover)
Roberto Soprano
R3,910 Discovery Miles 39 100 Ships in 12 - 17 working days

World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.

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