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Books > Law > International law > Public international law > International economic & trade law
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 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.
In this timely book, Walter E. Block uses classical liberal theory to defend private property rights. Looking at how free enterprise, capitalism and libertarianism are cornerstones of economically prosperous civilizations, Block highlights why private property rights are crucial. Discussing philosophy, libertarian property rights theory, reparations and other property rights issues, this volume is of interest to academics, students, journalists and all those interested in this integral aspect of political economic philosophy.
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 2010: I report on China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).
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 2010: IV reports on European Communities and its member States - Tariff Treatment of Certain Information Technology Products (WT/DS375, WT/DS376, WT/DS377) and United States - Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand (WT/DS383).
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 2010: VI reports on Australia - Measures Affecting the Importation of Apples from New Zealand (WT/DS367).
The growth of national economic regulation and the process of globalization increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. International disputes of such a nature inevitably involve both public and private law and raise questions about jurisdiction, applicable contract law, economic regulations and their legitimate international application. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as "proper law", "the Rome Convention" and "governmental interest analysis", which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
This book consists of a series of integrated studies of sites of governance, global legal pluralism and the regulation of international trade. It focuses on the EU, the WTO and China and is divided into three parts. Part one surveys the literature on law and globalisation and introduces the theory of sites of governance and the concept of global legal pluralism. It shows that each site of governance has a structural dimension consisting of institutions, norms and dispute resolution processes and a relational dimension which refers to relations between that site and other sites of governance. The totality of sites of governance constitute a new form of global legal pluralism. Part two then focuses on the EU, the WTO and China as three distinct but interrelated sites of governance. Concentrating in particular on the example of antidumping the chapters in this part deal with international legislation, the translation of rules in domestic law, the judicial construction of multi-site governance, the types of rules which are used to regulate international trade and relations between sites, the ways in which relations between sites can create new concepts of international trade law, the transformation of norms from soft law to hard law, and the role of strategic actors, notably national administrations and international companies, in the creation and regulation of contested markets in international trade. Part three develops the main themes further by analysing two specific instances of international trade regulation: the governance of global economic networks, and the governance of global institutions. The final chapter considers ways in which global legal pluralism can enrich and possibly reform the WTO, today the predominant institution in the regulation of international trade, including trade between the EU and China.
Non-communicable diseases, associated with risk factors such as tobacco consumption, poor diet, and alcohol use, represent a growing health burden around the world. The seriousness of non-communicable diseases is reflected in the adoption of international instruments such as the WHO Framework Convention on Tobacco Control; the WHO Global Strategy on Diet, Physical Activity and Health; and the WHO Global Strategy to Reduce the Harmful Use of Alcohol. In line with these instruments, states are beginning to use measures such as taxes, restrictions on marketing, product regulation, and labeling measures for public health purposes. This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves.
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 2009: I and DSR 2009: II report on China - Measures Affecting Imports of Automobile Parts (WT/DS339, WT/DS340, WT/DS342). |
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