From Treaty-Making to Treaty-Breaking is the first high-level analysis of ASEAN's external trade agreements with non-ASEAN states. It clearly sets out the intended, and unintended, consequences of ASEAN's prevailing method of treaty making, with suggested guidelines for the future. The book begins by asking whether ASEAN trade agreements follow worldwide trends in the substantive content of such agreements. It raises questions such as: to what extent is it possible to continue concluding trade agreements through individual member states?; what are the legal consequences - from negotiation and conclusion (treaty-making) through to possible breach of the agreements (treaty-breaking)?; should ASEAN resort to mixed treaty-making? This study does not seek to give a definitive answer to these questions, rather it opens up the topic to readers by suggesting different possible models for ASEAN trade agreements. This thought-provoking book will appeal to anyone interested in trade negotiations and trade agreements, particularly in Asia.

ASEAN economic cooperation and integration have come a long way since the organisation's early days, when cooperation was more political and diplomatic than economic in nature. ASEAN now constitutes the most ambitious organisation of regional cooperation and integration in the developing world. This book investigates the economics of various ASEAN and ASEAN-centric economic integration initiatives, focusing in particular on the ASEAN Economic Community (AEC). In addition to assessing the potential effects of the AEC on the economies of the ten ASEAN member states via changes in trade, foreign direct investment and economic structure, this book underscores the implementation challenges ASEAN faces as it completes the AEC project. It also considers the AEC in the context of the Regional Comprehensive Economic Partnership (RCEP). This comprehensive study is written for academic researchers and students, as well as for policy makers in ASEAN as they chart the future policy path of the region.

The World Trade Organization (WTO) Agreement covers the vast majority of international commerce in goods and services. The Agreement covers not only measures that directly affect trade, such as import tariffs and import quotas, but potentially almost any type of internal measure with an impact on trade. Thus WTO legal texts are by necessity expressed in vague terms, and in need of continuous interpretation. The overarching aim of the project Legal and Economic Principles of World Trade Law, led by the American Law Institute, is to contribute to the analysis of WTO law in not only law but also economics. This volume reports work done thus far to identify improvements to the interpretation of the Agreement. It starts with two background studies, the first of which summarizes the study The Genesis of the GATT, published by Cambridge University Press in 2008, which highlights the negotiating history of what became the GATT 1947-1948; the second study, coauthored by Gene M. Grossman and Henrik Horn, is an introduction to the economics of trade agreements. These are followed by two main studies. The first, authored by Kyle Bagwell, Robert W. Staiger, and Alan O. Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Gene M. Grossman, Henrik Horn, and Petros C. Mavroidis, focuses on the core provision for the regulation of domestic policy instruments the National Treatment principles in Art. III GATT."

For centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade - one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure.

If a broker-dealer liquidates in federal bankruptcy court, why does an insurance company liquidate in state court, and a bank outside of court altogether? Why do some businesses re-organize under state law 'assignments', rather than the more well-known Chapter 11 of the Bankruptcy Code? Why do some laws use the language of bankruptcy but without advancing policy goals of the Bankruptcy Code? In this illuminating work, Stephen J. Lubben tackles these questions and many others related to the collective law of business insolvency in the United States. In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein. By considering the whole sweep of these laws - running the gamut from Chapter 11 to obscure receivership provisions of the National Bank Act - readers will acquire a fundamental understanding of the 'law of failure'.

After ten years the Doha Development Round is effectively dead. Although some have suggested that Doha's demise threatens the continued existence of the GATT/WTO system, even with some risks of increasing protectionism, the United States, the European Union, Japan, Brazil, China and India, among others, have too much to lose to make abandoning the WTO a rational option. There are alternatives to a comprehensive package of new or amended multilateral agreements, including existing and future 'plurilateral' trade agreements, new or revised regional trade agreements covering both goods and services, and liberalized national trade laws and regulations in the WTO member nations. This book discusses these alternatives, which although less than ideal, may provide an impetus for continuing trade liberalization both among willing members and in some instances worldwide.

Beinhaltet eine einzigartige Vielfalt an Fragen und UEbungen fur Studierende der Grundlagen der Mikrooekonomik Enthalt Multiple-Choice Fragen, mathematische UEbungen und offene Fallstudien 2. Auflage wurde um zahlreichen neue UEbungsaufgaben und Loesungen erweitert

Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through non-judicial means.

This book provides an essential overview of trade between Brazil and China, analyzes the regulatory framework for Brazil's foodstuff exportation and China's foodstuff importation, and identifies the main products, market shares, barriers to market access, and e-commerce strategies. The book also addresses the importance of consumer health and the latest developments regarding the United Nations Guidelines for Consumer Protection. Lastly, based on the statistics for Brazil's food exports to Mainland China, Hong Kong and Macau as separate customs areas, the book explores the role of Macau and calls for intensifying its links with Portuguese-speaking countries, including Brazil.

Domestic regulation of services sectors has a significant impact on services trade liberalization, which is why General Agreement on Trade in Services (GATS) disciplines are negotiated in the WTO. With the help of analyses and case-studies from academics, regulators and trade experts, this book explores the scope and limits of WTO legal principles to promote domestic regulatory reform. Case-studies discuss country-specific challenges and experiences of regulating important service sectors, such as finance, telecommunications, distribution, legal, education, health, postal and logistics services, as well as the role of regulatory impact assessments. The findings will interest trade officials, policy-makers, regulators, think tanks and businesses concerned with the implications of domestic regulation on access to services markets, and with the opportunities for formulating trade disciplines in this area. It is also a useful resource for academics and students researching regulatory approaches and practices in services sectors.

This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.

African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.

Dieses Lehrbuch bietet eine umfassende und einzigartige Einfuhrung in die moderne Mikrooekonomik. Es verfolgt einen integrativen Ansatz, indem es die wichtigsten Erkenntnisse der OEkonomik in einen breiteren Kontext stellt. Die Theorien werden aus philosophischer Sicht und durch den Vergleich mit Ansatzen aus anderen Sozialwissenschaften kritisch reflektiert und Implikationen fur die Gestaltung des Rechtssystems und unternehmerisches Handeln erarbeitet. Das Buch richtet sich an Bachelorstudierende der Wirtschaftswissenschaften und anderer Fachrichtungen. Die zahlreichen kurzen Beispiele und umfassenden Fallstudien helfen dabei, die Anwendungen der Theorien zu verstehen. Daher eignet es sich fur einen angewandten, aber dennoch fachlich prazisen Ansatz in der Lehre. Aufgrund der methodischen und philosophischen Einbettung eignet es sich auch fur eine kritische Auseinandersetzung mit dem oekonomischen Mainstream. Ausgehend von der Frage, warum und wie Gesellschaften wirtschaftliches Handeln organisieren, werden die Moeglichkeiten und Grenzen verschiedener Markttypen im Hinblick auf die Linderung von Knappheit und das Erreichen von Verteilungszielen aus einer institutionellen Perspektive analysiert. Die zweite Auflage erweitert die Entscheidungstheorie systematisch um Kapitel zur traditionellen Entscheidungstheorie unter Risiko und Unsicherheit und zur Verhaltensoekonomie sowie um Erkenntnisse aus den Neurowissenschaften, der Evolutionspsychologie und der narrativen Psychologie zu menschlichem Verhalten. Zusatzlich gibt es theoretische Erganzungen sowie aktualisierte Fallstudien und Beispiele - von Handelskriegen uber Pandemien bis hin zur Klimakrise. Eine neue Ausgabe des begleitenden Arbeitsbuchs mit einer Fulle von UEbungsaufgaben, die von einfachen Multiple-Choice-Fragen bis hin zu anspruchsvollen mathematischen Problemen und Fallstudien reichen samt Musterloesungen, ist separat erhaltlich.

Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.

A breach of fair and equitable treatment is alleged in almost every investor-state dispute. It has therefore become a controversial norm, which touches many questions at the heart of general international law. In this book, Roland Klager sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship with the international minimum standard. The norm is also discussed in light of the fragmentation of international law, theories of international justice and rational balancing, and the idea of constitutionalism in international law. In this vein, a shift in the way of addressing fair and equitable treatment is proposed by focusing on the process of justificatory reasoning.

Economic diplomacy is changing. The multilateral organizations that dominated the last half of the twentieth century no longer monopolize economic affairs. Instead, countries are resorting to more modest 'minilateral' strategies like trade alliances, informal 'soft law' agreements, and financial engineering to manage the global economy. Like traditional modes of economic statecraft, these tools are aimed at both liberalizing and supervising international financial policy in a world of diverse national interests. But unlike before, they are specifically tailored to navigating a post-American (and post-Western) world where economic power is more diffuse than ever before. This book explains how these strategies work and reveals how this new diplomatic toolbox will reshape how countries do business with one another for decades to come.

The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

An all-inclusive, exhaustive evaluation of the foreign policy of the European Union.Ten years ago the 2009 Lisbon Treaty put into place the legal and structural foundations for the European Union to play a role as a global actor. In the decade since, the EU itself has undergone intense political and economic stress, from debt crises to the rise of nationalist parties and the strains of Brexit. What effect have these changes had on the EU's foreign policy and its role in the world? This new edition of The Foreign Policy of the European Union offers an up-to-date and comprehensive examination of that question. The globe-spanning contributions to the book include a look at relations between Brussels and its regional neighbors, including Russia; the tensions that have arisen with the United States during the Trump administration; and the burgeoning relationship with China. How the EU is dealing with issues such as migration, terrorism, trade, and security round out the volume.

Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs.
Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.

This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses, yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. Since the publication of the first edition of this volume in 2013, water has continued to be at the forefront of the international agenda, and the adoption of the UN Sustainable Development Goals constitutes a milestone around which various public and private initiatives have been launched. This book presents and appraises these important developments as part of its comprehensive analysis of the origin and scope of the various areas of international law as they apply to fresh water. It demonstrates how these areas connect and adapt to one another, forming an integrated body of international principles.

This book explores the legal and regulatory aspects of the complex air cargo sector, discussing in detail the general principles of the carriage of air cargo; artificial intelligence and air cargo; facilitation; carriage of hazardous goods; human remains; and animals, as well as cargo security; price fixing and anti competitive conduct in air cargo operations; liability issues; the air cargo supply chain and contract of carriage. It also discusses related achievements of the International Civil Aviation Organization; the International Air Transport Association and Airports Council International. The value of goods carried by airlines represents 7.4% of the global Gross Domestic Product. While cargo carried by air accounts for less than 1% of global cargo carriage, airlines carry 35% of the value of world trade, making this industry highly valuable and efficient, and the most reliable way to transport goods throughout the world. On average, airlines transport 52 million metric tons of goods per annum, worth an equivalent of $6.8 trillion, i.e. $18.6 billion worth of goods daily.

This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden's revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU's requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU's extraterritorial fundamental rights requirements without violating the principles of the WTO's law on services. It also addresses current developments in international trade law - the conclusion of comprehensive trade agreements - and offers suggestion for the design of data flow clauses that accommodate privacy and trade.

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.

Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.

This book discusses the different aspects of the rules of origin with a multidisciplinary perspective. It offers the first overview on the status of the negotiations of non-preferential rules of origin under the WTO agreement on rules of origin after more than ten years of negotiations and the possible implications for other WTO agreements. This book deals extensively with preferential rules of origin both under unilateral trade instruments like GSP, EBA, and AGOA and in free trade areas. Inama analyzes the experience of the United States and the EU in developing the NAFTA and Pan-European rules of origin. He also compares and discusses the parallel experiences of the major southern regional trade agreements such as Mercosur and ASEAN and the ASEAN China free trade area, as well as Comesa and SADC in their negotiations of the European partnership agreements (EPAs) with the EU. It discusses the evolution of the different sets of rules of origin, the technical options for drafting rules of origin, a methodology for drafting product specific rules origin, and the possible implications.