Trade policy has played a vital role in the decline of European electronics business. The events that resulted in the disappearance of the European television industry, of a European and Japanese video recorder format and of other European consumer electronics are directly related to market structures in exporting countries and business practices. In this book, factual business data shows and economic models explain how restrictive trade practices result in elimination of efficient competitors in export markets. It deals with the memorable case how a videocassette recorder format was established by dumping and how politics enabled it. An innovative tariff increase for CD players was invalidated by heavy dumping, causing closure of production in Europe. European CTV industry succumbed under permanent dumping and a series of biases - as the interest of a state-owned company - and serious errors making trade instruments void and rules irreconcilable with international agreements. Practical and theoretical examples and explanations, some in detail, of trade rules are provided. The book sketches events - carelessness, prejudice or special interests, arbitrary and false application of trade instruments and fraud - resulting in disappearance of various European electronics business segments.

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

Presenting a wealth of highly original and innovative analyses and case studies, this book examines the strategic ties between various emerging economies, their different approaches to finding mutual trade solutions, and new trends in the use of contingent protection. The research methodology can also be applied to the study of specific Latin American countries or other developed or developing states in comparison to China. The book presents new theories and offers a valuable template for further studies in this area. Further, the application of the New Haven approach can further develop the studies' potential to offer guidance in a broader context.

The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.

This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU's external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.

The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.

This thesis presents a significant contribution to decentralized resource allocation problems with strategic agents. The study focused on three classes of problems arising in communication networks. (C1). Unicast service provisioning in wired networks. (C2). Multi-rate multicast service provisioning in wired networks. (C3). Power allocation and spectrum sharing in multi-user multi-channel wireless communication systems. Problems in (C1) are market problems; problems in (C2) are a combination of markets and public goods; problems in (C3) are public goods. Dr. Kakhbod developed game forms/mechanisms for unicast and multi-rate multicast service provisioning that possess specific properties. First, the allocations corresponding to all Nash equilibria (NE) of the games induced by the mechanisms are optimal solutions of the corresponding centralized allocation problems, where the objective is the maximization of the sum of the agents' utilities. Second, the strategic agents voluntarily participate in the allocation process. Third, the budget is balanced at the allocations corresponding to all NE of the game induced by the mechanism as well as at all other feasible allocations. For the power allocation and spectrum sharing problem, he developed a game form that possesses the second and third properties as detailed above along with a fourth property: the allocations corresponding to all NE of the game induced by the mechanism are Pareto optimal. The thesis contributes to the state of the art of mechanism design theory. In particular, designing efficient mechanisms for the class of problems that are a combination of markets and public goods, for the first time, have been addressed in this thesis. The exposition, although highly rigorous and technical, is elegant and insightful which makes this thesis work easily accessible to those just entering this field and will also be much appreciated by experts in the field.

This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.

The People's Republic of China's tax policies and international obligations are as multifaceted and dynamic as they are complex, developing closely with the nation's rise to the world's fastest-growing major economy. Today, after decades of reform and the entry into the World Trade Organization, China has developed regulatory systems that enable it to provide stable administration, including a tax structure. China's main tax reform can be attributed to the enactment of the Enterprise Income Tax Law, which came into effect on January 1, 2008. Chinese tax regulations include direct taxes, indirect taxes, other taxes, and custom duties and from a collection point of view, China's tax administration adopts a very devolved system, with revenue collected and shared between different levels of government in accordance with contracts between the different levels of the tax administration system. With respect to international treaties, China has established a network of bilateral tax treaties and regional free trade agreements. This publication describes in detail China's complex tax system and policies, as well as major bilateral treaties in which China has entered into using country-by-country analysis. Lorenzo Riccardi is Tax Advisor and Certified Public Accountant specialized in international taxation. He is based in Shanghai, where he focuses on business and tax law, assisting foreign investments in East Asia. He is an auditor and an advisor for several corporate groups and he is partner and Head of Tax of the consulting firm GWA, specializing in emerging markets.

The Trans-Pacific Partnership (TPP) talks attempt to link together at least nine countries in three continents to create a 'high-quality, twenty-first century agreement'. Such an agreement is intended to open markets to competition between the partners more than ever before in sectors ranging from goods and services to investment, and includes rigorous rules in the fields of intellectual property, labour protection and environmental conservation. The TPP also aims to improve regulatory coherence, enhance production supply chains and help boost small and medium-sized enterprises. It could transform relations with regions such as Latin America, paving the way to an eventual Free Trade Area of the Asia Pacific, or see innovations translated into the global trade regulatory system operating under the WTO. However, given the tensions between strategic and economic concerns, the final deal could still collapse into something closer to a standard, 'twentieth-century' trade agreement.

This book aims to describe the mechanisms of the internal wholesale electricity market in terms of the legal tools and practices used by electricity producers, the most important market participants. In this regard, the focus is on Northwestern Europe. Because of the book's functional perspective, it is not limited to the external regulation of electricity markets at the EU level and also describes the business models and practices employed by electricity producers. Both the physical and financial marketplaces are examined and topics including electricity supply, balancing, transmission and derivatives are covered. The target for the completion of the EU's internal electricity market was 2014. The internal wholesale electricity market is very important not only for electricity producers, suppliers and major end consumers but also for network operators, marketplace operators, electricity technology firms, investment firms and market regulators.

Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law. Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.

This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.

The third edition of The WTO Dispute Settlement Procedures collects together the treaty texts, decisions and agreed practices relating to the procedures that apply in the settlement of WTO disputes. It affords ready answers to technical questions relating to matters such as: how disputes are initiated and conducted, including at the appellate stage; what deadlines apply and how to calculate them; what rules of conduct bind individuals involved in WTO dispute settlement; and what rules of procedure apply to meetings of the Dispute Settlement Body. This highly practical work, which includes cross-references and a subject index, will prove invaluable to anyone working in WTO dispute settlement, including lawyers, civil servants working in the field of trade, economists, academics and students. This edition has been fully updated to take account of revised rules and procedures.

This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive's goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.

The WTO intellectual property and services agreements (TRIPs and GATS) form the global legal framework in which governments now regulate trade in knowledge. This second edition analyses the provisions of the agreements and examines closely the thirteen years of implementation and revision. Gathering together the interpretations placed on the agreements by the WTO dispute settlement bodies, it reports on the initiatives taken by the members both to liberalise trade in knowledge and to shape international business regulation. Drawing on this, Christopher Arup assesses the future of the WTO as a global law-making institution. Three expanded case studies (legal services, genetic codes/essential medicines, and on-line media) illustrate the impact of the agreements and highlight the challenges faced by the WTO in reconciling free trade with social regulation.

This original and authoritative book analyzes how the WTO?s restrictions on the use of trade measures for social goals affects the development of the law of the international community.The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important ?trade-&? cases handed down by the WTO?s Appellate Body, the book stimulates creative consideration of the extent to which the international trading system?s prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

The world of trade is changing rapidly, from the 'rise of the South' to the growth of unconventional projects like fair trade and carbon trading. Beyond Free Trade advances alternative ways for understanding these new dynamics, based on historical, political, or sociological methods that go beyond the limitations of conventional trade economics.

The European system of insurance supervision under Solvency II constitutes a parallel to supervision of credit institutions under Basel III. At the heart of this new European insurance supervisory regime are the Solvency II Directive, the attendant regulation, and the EIOPA Regulation. The present volume, "Treatises on Solvency II", includes articles on the bases of European insurance supervision and the associated three pillars of solvency, governance, and disclosure, all viewed predominantly from a legal standpoint.

This book deals with anti-dumping measures (AD) and investigates two questions: First, what country characteristics affect AD use and notably, do domestic political institutions have an effect? Second, (how) is the decision to impose a new AD measure affected by anticipation of trading partners' potential retaliation? This book applies a strategic perspective to AD to address these questions, presenting a game-theoretic model together with an empirical test. The approach sheds light on the dynamics of interaction between trading partners and allows to capture selection processes which underpin the trade restrictions that can actually be observed. The book provides a fresh look on when and how trading powers apply antidumping measures, how this is shaped by strategic interaction and whether institutions do make a difference to the outcome. In a period in which the international trading system has to cope with numerous stresses such as an increased resort to administered protection largely by big emerging economies, this is a timely and important contribution. Dr. Klaus Gunter Deutsch, Managing Director, Research, Economic and Industrial Policy, German Federation of Industries This book successfully integrates two research traditions in international politics - the traditional view that looks at domestic factors of anti-dumping policies and the strategic view that conditions the imposition of anti-dumping measures on the likely, retaliatory behavior of the trading partner. The result is an informative and constructive examination of anti-dumping protection and trade wars in the WTO. Prof. Dr. Thomas Brauninger, Chair of Political Economy, University of Mannheim, Germany "The Political Economy of Anti-Dumping Protection - A Strategic Analysis" is a major contribution to the important and growing field international political economy. Starting with the "traditional" comparative institutional analysis, which focuses on the implications of democratic and non-democratic regimes for using anti-dumping measures in trade politics, the second part applies a strategic perspective on this type of sanctions uncovering the dynamic interactions between a challenging and challenged countries. For all those interested in understanding the logic of sanctions, the role of institutions, and in how to examine the implications of theoretical models for international political economy this book is a "must read". Prof. Dr. Thomas Koenig, Chair of Political Science II, University of Mannheim, Germany.

Was the 1993 North American Free Trade Agreement (NAFTA) designed as a definitive trade agreement, or as a stepping stone? This book reviews NAFTA's performances on trade, investment, intellectual property rights, dispute-settlement, as well as environmental and labor side-agreements within a theoretical construct.

The primary contribution of this book is to integrate the important disciplines which simultaneously impact the investment appraisal process. The book presents a study that develops a new approach to investment appraisal which uses a multiple objective linear programming (MOLP) model to integrate the selected disciplines which include capital markets, corporate governance and capital budgeting. The research covers two case studies, one in the e-commerce sector and another in the airline industry in which the above disciplines are integrated. Readers from the areas of corporate governance, regulation, and accounting would find the survey of different approaches and the new integrated optimization approach particularly useful.

Despite the enormous diversity and complexity of financial instruments, the current taxation of hybrid financial instruments and the remuneration derived therefrom are characterized by a neat division into dividend-generating equity and interest-generating debt as well as by a coexistence of source- and residence-based taxation. This book provides a comparative analysis of the classification of hybrid financial instruments in the national tax rules currently applied by Australia, Germany, Italy and the Netherlands as well as in the relevant tax treaties and EU Directives. Moreover, based on selected hybrid financial instruments, mismatches in these tax classifications, which lead to tax planning opportunities and risks and thus are in conflict with the single tax principle, are identified. To address these issues, the author provides reform options that are in line with the dichotomous debt-equity framework, as he/she suggests the coordination of either tax classifications or tax treatments.

This book explores the central problems underlying the insurance of aviation war and terrorism risks and associated perils. It critically analyses the reasons why conventional insurance markets are unwilling or unable to provide sustainable insurance coverage for aviation war and terrorism risks in the aftermath of catastrophic events such as the terrorist events of September 11, 2001. It also examines some of the prominent concepts proposed and/or implemented after 9/11 to determine whether and to what extent these concepts avoid identified pitfalls. Like many of life's essentials, the importance of insurance is most evident when it is not available. The sheer scale and magnitude of the insurance losses that followed 9/11 caused conventional insurance markets (which hitherto had been offering generous insurance coverage for aviation war and terrorism risks to air transport operators for little or no premium) to withdraw coverage forthwith. The ensuing absence or insufficiency of commercial insurance coverage for aviation war and terrorism risks has sparked a global search for viable and sustainable alternatives. Ten years have since elapsed, and despite numerous efforts, the fundamental problems remain unresolved. The book proceeds on the premise that the underlying issues are not entirely legal in nature; they have immense economic, psychological and policy implications that cannot be underestimated. A multidisciplinary approach is therefore used in examining the issues, drawing heavily upon analytical principles adapted from law and economics and behavioural law and economics. It is hoped that the resulting study will be beneficial not only to lawyers and those interested in aviation insurance but also to economists, air transport insurance program managers, capital market investors and governmental policymakers, both at the national and international levels.

Counterfeit products represent a growing problem for a wide range of industries. There are many estimates of the size of this problem most of which coalesce around $500-billion annually on a global basis. Overall, a wide range of industries agree that there is a severe problem with the global protection of intellectual property rights (IPR), yet, there have been virtually no attempts to describe all aspects of the problem. This book aims at giving the most complete description of various characteristics of the intellectual property rights (IPR) environment in a global context. The authors believe a holistic understanding of the problem must include consumer complicity to purchase counterfeit, actions of the counterfeiters (pirates) as well as actions (or inaction) by home and host governments, and the role of international organizations and industry alliances. Only after establishing how all the actors in the IPR environment relate to one another can we describe global protection of the intellectual property rights environment and the managerial response of IPR owners and/or industry associations to combat this ongoing problem. The book concludes with pragmatic recommendations for protecting intellectual property given the recent trends discussed in the previous chapters, making it of interest to practitioners and policy-makers alike.