In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.

For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.

This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU's external relations. In particular, the book addresses the question of how the evolving legal and political framework affects the nature of EU external relations law. The contributions discuss the actions (and reactions) of the EU through external action instruments in a number of substantive areas such as migration, trade, neighbouring policies, security and defence. By shedding light on the most significant developments of the past decade this edited volume attests to the ever-evolving nature of the field of EU External Relations Law. Thus, this book is essential reading for academics, practitioners and policy makers at the EU level interested in the field of EU External Relations Law. Dr. W.Th. Douma is an Independent legal expert at the European Environmental Law Consultancy and EU Legal - Centre for European and International Law, both based in The Netherlands, voluntary researcher at Ghent University in Belgium, and Senior Legal Adviser at the Dutch Ministry of Social Affairs and Employment. Prof. Dr. C. Eckes is Professor of European Law at the University of Amsterdam and director of the Amsterdam Centre for European Law and Governance, The Netherlands. Prof. Dr. P. Van Elsuwege is Professor of European Union Law at Ghent University and co-director of the Ghent European Law Institute, Belgium. Dr. E. Kassoti is Senior researcher in EU and International Law at the Asser Institute and academic co-ordinator of the Centre for the Law of EU External Relations (CLEER), The Netherlands. Prof. Dr. A. Ott is Professor of EU External Relations Law and Jean Monnet professor in EU Law at Maastricht University, The Netherlands. Prof. Dr. R.A. Wessel is Professor of European Law and Head of the European and Economic Law Department at the University of Groningen, The Netherlands.

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 practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 8 reports on United States - Measures Affecting the Importation of Animals, Meat and Other Animal Products from Argentina (WT/DS447).

This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.

Central and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from within the region. Despite their relevance, CEE experiences have not previously been analysed in a comprehensive manner. This book takes a systematic country-by-country approach covering all the CEE jurisdictions. Each chapter provides detailed information and insight into the respective jurisdiction, setting out the policy and treaty landscape, the legal status of investor-state arbitration and alternative remedies. This is supplemented by a detailed analysis of the investor-state arbitration decisions in each country. Key features include: the first comprehensive survey of investment arbitration in CEE countries written by leading practitioners and academics in their respective jurisdictions an insider perspective into CEE investment cases consideration of political, economic and regulatory factors a practical case-law oriented approach to investment arbitration within CEE. Arbitrators and investment practitioners will benefit greatly from the comprehensive survey and detailed case analysis. The book will be invaluable for firms advising businesses with operations in the region, and for anyone involved in arbitral proceedings involving CEE countries. Contributors include: A. Andhov, I. Bimbilovski, K. Brockova, M. Cap, Y. Cottrill, A.-M. Culjak, R. Daujotas, I. Druviete, P. Flere, R. Griguolaite, G. Hajdu, J. Heyduk, V. Korom, M. Olik, A. Petrov, W. Sadowski, E.K. Selga, K. Simalova, E. Spiroska, C.-G. Stanescu, UE. Talviste, P. Treder, Z. Vig, P. Zivkovi , M. Zupan

The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

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 2011: X reports on United States - Use of Zeroing in Anti-Dumping Measures Involving Products from Korea (WT/DS402) and United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS404).

This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.

Since the beginning of the process of European integration the EU Common Commercial Policy (CCP) has been one of the most dynamic political fields. The EU has achieved a leading role among the economic superpowers and is regarded as a single economic area in which the EU speaks also on behalf of its Member States for most aspects of external economic politics. This volume analyzes the implications of the Treaty of Lisbon for the Common Commercial Policy of the EU. The Lisbon Treaty has declared all matters concerning external commercial policy as exclusive competences of the EU. Which consequences does this have for the Member States of the EU? With regard to institutional modifications, the Lisbon Treaty has significantly strengthened the role of the European Parliament and has substantially changed the role of the 'High Representative of the Union for Foreign Affairs and Security Policy' (HR). Further topics of this volume are the new normative framework of the CCP, inter alia the linkage of the CCP to the general objectives for the EU's external actions and its dependence on secondary legislation, as well as investment policy now being part of the CCP.

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.

Documents Annex: http://www.nyupress.org/justtradeannex/index.html It is generally assumed that pro-trade laws are not good for human rights, and legislation that protects human rights hampers vibrant international trade. In a bold departure from this canon, Just Trade makes a case for reaching a middleground between these two fields, acknowledging their coexistence and the significant points at which they overlap. Using actual examples from many of the thirty-five nations of the Western Hemisphere, the authors-one a human rights scholar and the other a trade law expert-carefully combine their knowledge to examine human rights policies throughout the world, never overlooking the very real human rights problems that arise from international trade. However, instead of viewing the two kinds of law as isolated, polar, and sometimes hostile opposites, Berta Esperanza Hernandez-Truyol and Stephen J. Powell make powerful suggestions for how these intersections may be navigated to promote an international marketplace that embraces both liberal trade and liberal protection of human rights.

This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.

This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.

The proliferation of regional trade agreements (RTAs) over the past two decades has highlighted the need to look closely at the potential conflicts between regional and WTO rules or disciplines. A major obstacle to advancing understanding of RTAs is the absence of detailed information about their contents. This has limited the debate between those who view RTAs as discriminatory instruments hostage to protectionist interests and those who see them as conducive to multilateral trade opening. This book provides detailed analysis of RTA rules in six key areas - market access, technical barriers to trade, contingent protection, investment, services and competition policy - across dozens of the main RTAs in the world. The analysis helps to provide new insights into the interplay between regional and multilateral trade rules, advances understanding of the economic effects of RTAs and contributes to the discussion on how to deal with the burgeoning number of RTAs.

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. Volume XII reports on measures affecting the export of bovine hides and the import of finished leather (Argentina), transitional safeguard measure on combed cotton yarn from Pakistan (United States), and definitive anti-dumping measures on imports of ceramic floor tiles from Italy (Argentina).

This is the first book published that focuses on competition law and policy in the Japanese pharmaceutical sector. It consists of chapters written and edited by academics who research the industry from various perspectives, including economics, competition law, pharmaceutical regulations, and intellectual property law. Competition policies involving pharmaceutical products attract attention from academics and policymakers worldwide. The pharmaceutical industry is regulated by drug laws that vary from country to country and are affected by differing practices and industrial structures. The book begins by examining drug regulations and trade practices in the industry that are peculiar to Japan and its healthcare system. It then presents the Japanese Antimonopoly Act and cases involving it, and discussions of current competition law issues in the Japanese pharmaceutical industry. The book also discusses innovation and intellectual property and economic analyses of pharmaceutical regulations and drug discovery. The chapters include comparative studies on Japanese regulations vs. those in the European Union and the United States. Japan is one of the biggest pharmaceutical markets in the world. With this in mind, the book provides "one-stop shopping" for anyone interested in pharmaceutical regulations in the country. Covering the basics but extending to in-depth explorations of complex problems, this book appeals not only to students and academics, pharmaceutical companies and regulators, but also to those dealing with real-world policy issues that encompass competition policy, intellectual property, and pharmaceutical regulation. Chapter 11 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

This book explores the dilemmas posed by globalisation in various aspects of law. It covers diverse themes, ranging from the impact of different legislative measures, bilateral and regional agreements in the context of trade, investment and mobility of labour, to concerns about sustainability, equity, regional balance and social security in the light of globalisation. Although it focuses mainly on India and the European Union, the issues raised and challenges discussed are of a general nature, and as such relevant in the broader context. The chapters address contemporary problems in trade, investment and labour mobility, which have emerged through the complex interaction of market, state policies and socio-environmental concerns, and are expressed on national and global platforms in the context of evolving legal system. The book is a valuable resource for students, researchers and academics engaged in comparative legal studies, particularly those interested in studying the interplay of globalisation with various areas and aspects of law at national as well as international levels. It also appeals to anyone interested in law and policy studies.

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. Among others, DSR 2008: XX reports on Japan - Countervailing Duties on Dynamic Random Access Memories from Korea - Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (WT/DS336); and United States - Final Anti-Dumping Measures on Stainless Steel from Mexico - Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (WT/DS344).

Originally published in 1996. The Montreal Protocol on Substances that Deplete the Ozone Layer is one of the most effective multilateral environmental agreements currently in existence. Established to control the production and consumption of CFCs and other ozone-depleting chemicals, the Protocol is an important example of an agreement which places restrictions on international trade in the interests of the global environmental - a feature which may become common in future treaties. This report examines the development, effectiveness and future of the trade provisions of the ozone regime, concluding that they have contributed significantly to its success in attracting signatories and in limiting ozone depletion. Issues considered include the compatibility of the trade provisions and the GATT, trade restrictions and developing countries, and the new problems of non-compliance and illegal trade in CFCs.

American trade policy is a crucial subject to not only the United States but also foreign countries. Free trade has been a long-standing U.S. policy position, playing the lead role in the international free trade framework and contributing to this framework through multilateral trade negotiations. As both trade deficits and fiscal deficits steadily increased during the 1980s in the U.S., free trade has not stood without its share of suffering. Chung investigates American trade policy from the perspectives of U.S. trade laws and international trade agreements by outlining the primary trade laws of the past; considering the trade laws of the present; and delving into various trade agreements, disputes, and reforms. Looking to the future, Chung offers a unique argument for the enforcement of trade remedy laws and the reform of the international trade framework. The Political Economy of International Trade is certain to be of interest to academics, policymakers, trade industry practitioners, and politicians in the United States as well as around the world.

Should an international competition agreement be incorporated into the World Trade Organization? Taylor examines this question, arguing that such an agreement would be beneficial. Existing initiatives towards the regulation of cross-border, anti-competitive conduct have clear limitations that could be overcome by an agreement, and the WTO would provide the optimal institutional vehicle for it. At a practical level, Taylor points out, an international competition agreement could address under-regulation and over-regulation in the trade-competition regulatory matrix, realizing substantive benefits to international trade and competition. This book identifies the appropriate content and structure for a plurilateral competition agreement and proposes a draft negotiating text with accompanying commentary, and as such will be an invaluable tool for policy-makers, WTO negotiators, competition and trade lawyers, and international jurists.

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators' duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity , which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training . Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent "members of the court" will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators' duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.