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Books > Law > International law > Public international law > International economic & trade law
In 1998, the city of The Hague commemorated its 750th anniversary. To emphasize that The Hague has been an international judicial center of activities for several decades, a special International Law Conference was organized by T.M.C. Asser Instituut in co-operation with the 'Stichting 750 jaar Den Haag'. The programme of The Hague's 750th Anniversary International Law Conference concentrated on the following themes: international criminal law, interstate dispute settlement, international commercial arbitration, international humanitarian law and the regulation of international trade. Within this framework, a number of panels were devoted to aspects concerning the International Court of Justice, the (future) International Criminal Court and the Iran-US Claims Tribunal. Leading experts as well as representatives of the Netherlands Ministry of Foreign Affairs and various international institutions based in The Hague participated in the programme. This publication is intended for anyone interested in an analysis of the law and practice in these institutions.
Black and gray markets for body parts are illegal, but also pioneering and inventive. Although this type of criminal activity requires dexterity and innovation, these markets thrive and flourish, sometimes in view of law. On the other hand, altruistic procurement is mired by low participation, which encourages black market transactions. Thousands of patients die each year waiting for an organ or bone marrow donation through the altruistic procurement system, so some turn to the dark side. This book offers a frank discussion of altruism in the global body market. It exposes how researchers exploit their patients' ignorance to harvest tissue samples, blood, and other biologics without consent, chronicles exploitation in the name of altruism, including the non-consensual use of children in dangerous clinical trials, and analyzes social and legal commitments to the value of altruism - offering an important critique of the vulnerability of altruism to corruption, coercion, pressure, and other negative externalities.
Every international corporate executive, customs broker, banker, and attorney needs to know what the North American Free Trade Agreement (NAFTA) will mean to their business and their client's business. Understanding the North American Free Trade Agreement is an easy-to-understand summary and analysis of the major provisions and side agreements of this landmark accord. It is written in terms simple enough for the layman, but also contains the detailed information that will assist the experienced international trade executive or attorney. The new third edition updates NAFTA through the 2008 US elections and the activities relating NAFTA of the new Obama administration. The book contains extensive discussion of the NAFTA arbitration decisions, including summaries of important investor state cases in the Appendices. 'If you need a short, but authoritative discussion of NAFTA, this is the place to look.' ‒ J. Mattera, International Trade Information Resources
This concise and practical guide to the most important economic techniques and evidence employed in modern merger control draws on the authors' extensive experience in advising on European merger cases. It offers an introduction to the relevant economic concepts and analytical tools, and stand-alone chapters provide an in-depth overview of the theoretical and practical issues related to market definition, unilateral effects, coordinated effects and non-horizontal mergers. Each form of economic evidence and analysis is illustrated with practical examples and an overview of key merger decisions.
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.
The Dispute Settlement Reports 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 2016: Volume 4 reports on Russia - Tariff Treatment of Certain Agricultural and Manufacturing Products (WT/DS485) and India - Certain Measures Relating to Solar Cells and Solar Modules (WT/DS456).
This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
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: V and VI report on United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (WT/DS379).
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: I reports on European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft (WT/DS316).
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: II reports on European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft (WT/DS316).
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: III reports on European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft (WT/DS316).
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: IV reports on Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines (WT/DS371).
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: V and VI reports on United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (WT/DS379).
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: VIII reports on European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (WT/DS397).
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: IX reports on United States - Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China (WT/DS399).
This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of Sao Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a "developing country" perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.
How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future. This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law. Contributors: A. Arena, C. Beaton-Wells, M. Bernatt, M. Botta, M. De Benedetto, G. Di Federico, A. Foer, C.A. Jones, K. Kowalik-Banczyk, F. Marcos, P. Nihoul, P.J. Pipkova, A. Sanchez Graells, T. Skoczny, A. Svetlicinii, L. Tichy, P. Van Cleynenbreugel, D. Zimmer
Exploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt, a critical component of states' economic infrastructure, leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states. A must read for those who wish to understand how the world economic order operates and impacts the well-being of individuals and entire populations, this book is indispensable for professionals and students in the fields of law, political sciences and international relations and those who seek to understand why economic peace is, in many cases, beyond our reach.
This book analyses the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. This book will be a valuable resource for students, academics and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.
In the face of an increasing threat from separate bilateral trade negotiations the World Trade Organization (WTO), more than any other international institution, is set to have a significant impact on the trade in technology in the decade ahead. Alert to this potential, Rohan Kariyawasam brings together articles on international economic law and policy that touch on issues as diverse as telecommunications, e-commerce, information technology and technology transfer. This two-volume set navigates an innovative discussion of these sectors, their effect on international trade and the role of the WTO in promoting the worldwide trade of electronic goods and services. The papers will have relevance for regulators, lawyers advising both in private practice and in-house, academics, students and those in the NGO sector with an interest in trade and technology.
Written by two leading scholars with 60 years of collective experience in the area, this insightful and updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key features include: a nuanced yet highly readable summary of the area placement of trade law into historical, political and economic contexts, including new analysis of populist critiques references to the most recent cases, decisions, treaty negotiation developments and economic and legal scholarship analysis of new areas including digital trade, migration and security exceptions to alert students to developments in international trade law links and connections between different areas of trade law to provide students with an integrated overview of the topic. Interdisciplinary in nature, this second edition will be an indispensable guide for students in law, economics, political science and international relations. Comprehensive and accessible, it will be essential reading for non-specialist scholars and policy advisors seeking to further their understanding of international trade law. 'This Advanced Introduction provides an excellent succinct yet accurate summary of the international trade rules applicable, inter alia, to trade in goods, services, intellectual property, and investment. It also explores international standards, social issues such as development, environment, labour, human rights, and it addresses the institutional framework and the future of the world trading system. As an experienced practitioner in this field, I highly recommend this book to government officials, business people, and students who will all get a clear interdisciplinary tour d'horizon in the field of international trade.' - Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTO
This book offers a dynamic theory of law and economics focused on change over time, aimed at avoiding significant systemic risks (like financial crises and climate disruption) and implemented through a systematic analysis of law's economic incentives and how people actually respond to them. This theory offers a new vision of law as fundamentally a macro-level enterprise establishing normative commitments and a framework for numerous private transactions, rather than as an analogue to a market transaction. It explains how neoclassical law and economics sparked decades of deregulation culminating in the 2008 financial collapse. It then shows how economic dynamic theory helps scholars and policymakers make wise choices about how to avoid future catastrophes while keeping open a robust set of economic opportunities, with individual chapters addressing the law and economics of financial regulation, contract, property, intellectual property, antitrust, national security and climate disruption.
This open access book collects expert contributions on actuarial modelling and related topics, from machine learning to legal aspects, and reflects on possible insurance designs during an epidemic/pandemic. Starting by considering the impulse given by COVID-19 to the insurance industry and to actuarial research, the text covers compartment models, mortality changes during a pandemic, risk-sharing in the presence of low probability events, group testing, compositional data analysis for detecting data inconsistencies, behaviouristic aspects in fighting a pandemic, and insurers' legal problems, amongst others. Concluding with an essay by a practicing actuary on the applicability of the methods proposed, this interdisciplinary book is aimed at actuaries as well as readers with a background in mathematics, economics, statistics, finance, epidemiology, or sociology.
The general exception clauses of the TRIPS Agreement of the World Trade Organization permit exceptions to copyrights and to the rights conferred by trademarks, industrial designs and patents. These clauses are intended to facilitate access to diverse forms of proprietary knowledge and therefore foster the interdependent pillars of sustainable development: economic progress, realization of human rights and the conservation of the environment. In this book, Edson Beas Rodrigues, Jr argues that the TRIPS Agreement, in its current configuration, does not hinder the establishment of exceptions to intellectual property rights, devised to promote vital socioeconomic interests such as the freedom to carry out creative and inventive activities, freedom of expression, the strengthening of free competition, and increased access to educational materials by underprivileged students and to technical knowledge for humanitarian purposes.
There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks. |
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