In many countries, citizens allege that trade policies undermine specific rights such as labor rights, the right to health, or the right to political participation. However, in some countries, policy makers use trade policies to promote human rights. Although scholars, policy makers, and activists have long debated this relationship, in truth we know very little about it. This book enters this murky territory with three goals. First, it aims to provide readers with greater insights into the relationship between human rights and trade. Second, it includes the first study of how South Africa, Brazil, the United States, and the European Union coordinate trade and human rights objectives and resolve conflicts. It also looks at how human rights issues are seeping into the WTO. Finally, it provides suggestions to policy makers for making their trade and human rights policies more coherent.

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 2005: IV reports on United States - Subsidies on Upland Cotton

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 2005: XII reports on United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services.

This book examines the coherent international tax regime that is embodied in both the tax treaty network and in domestic laws, and the way it forms a significant part of international law, both treaty based and customary. The practical implication is that countries are not free to adopt any international tax rules they please, but rather operate in the context of the regime, which changes in the same ways international law changes over time. Thus, unilateral action is possible, but is also restricted, and countries are generally reluctant to take unilateral actions that violate the basic norms that underlie the regime. The book explains the structure of the international tax regime and analyzes in detail how US tax law embodies the underlying norms of the regime.

With the intensified focus on antiterrorism in US trade policy -- and the transfer of the Customs Service from the US Treasury Department to the Department of Homeland Security as the Bureau of Customs and Border Protection -- traditional ways of thinking about customs and trade law are now out of date. In light of the war on terrorism and the emphasis on border security, businesses engaged in the crossborder exchange of goods face a multitude of new laws and initiatives -- in addition to the traditional array of responsibilities required by the US Bureau of Customs and Border Protection and Immigration and Customs Enforcement. While these regulations are intended to strengthen border security, without careful planning they may have the unfortunate result of hindering the efficient movement of goods. In addition to updated customs forms and helpful appendices, this third edition covers the burgeoning area of free trade agreements between the US and countries around the globe. These agreements are a critical aspect of US bilateral trade relations, affecting not only duty rates but also rules of origin and policies on investment, trade in services and access to Government procurement markets. In sum, this book is an invaluable tool for a host of international trade professionals including in-house counsel dealing with import-export issues, corporate logistic managers, regulatory and compliance managers, and import-export specialists.

This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels.The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, crypto currencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy - Shifting Insights & Values, and fully complies with the series' goal of critically exa mining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instru ment for all researchers investigating these matters, besides policymakers and their ad visers as well as all lawyers active in the field of economic law who look for a new per spective on the subject matters dealt with.

This book analyzes the shifting global economic architecture, indicating the decentralizing authority in global economic governance since the Cold War and, especially, following the 2008-09 global financial crisis. The author examines recent adjustments to the organizational framework, contestation of policy principles, norms, and practices, and destabilizing actor hierarchies, particularly in global macroeconomic, trade, and development governance. The study's 'analytical eclecticism' includes a core constructivist IR approach, but also incorporates insights from several international relations theories as well as political and economic theory. The book develops a unique 'analytical matrix', which analyzes effects of strategic, political, and cognitive authority in the organizational, policy, and actor contexts of the global economic architecture. It concludes that, despite concerns about potential fragmentation, decentralizing authority has increased the integration of leading developing states and new actors in contemporary global economic governance.

This volume was occasioned by the 30-year anniversary of the appearance of Professor John H. Jackson's remarkable book, "World Trade and the Law of GATT", which pioneered the new academic discipline of international trade law. Professor Jackson's approach has been unique in its emphasis on a multidisciplinary approach, which places the subject in its proper context - by examining international trade law not only in relation to economic considerations but by broadening it to include wider societal concerns such as environmental, national security, human rights, and labour standards issues. Accordingly this book, in Professor Jackson's honour, reflects his role as a forerunner of the law of globalization, addressing in particular the links between trade law and public international law, and the connections between trade and other societal concerns. The book is divided into five sections, dealing with: constitutional issues; substantive issues for the WTO; dispute settlement in the context of the WTO; new subjects relating to the WTO system including trade and labour; trade and competition, trade and investment, bribery and corruption, and domestic issues for WTO member countries. After a long and distinguished career at the Law School of the University of Michigan, Professor Jackson joined the faculty of Georgetown University in 1998, as University Professor.

Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

The ICSID Reports provide the only comprehensive collection of the arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties. These decisions make an important contribution to the growing body of jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration. Volume 9 of the ICSID Reports includes the hitherto unpublished annulment decision in the Amco Asia case, the TV Nova/Czech Republic saga, and the first Canadian appellate court decision on NAFTA Chapter 11 arbitration and the standard of review.

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 2003: VI reports on the rules of origin for textiles and apparel products (US), anti-dumping duties on malleable cast iron tube or pipe fittings from Brazil (EC), and contains a cumulative index of published disputes.

How can it be that people and businesses are ever unable to obtain credit? Why do lenders not simply increase the interest rate for high-risk borrowers? And if increased interest rates cant solve the problem, then surely the use of collateral can?As it turns out, things are not that simple. It seems that the laws of supply and demand do not fully apply to the credit market: low interest rates attract high demand, a part of which is never met, no matter what the interest rate. What is more, excessive interest rates seem to exacerbate the problem. Common knowledge holds that security interests provide at least a part of the answer, and yet economic theory has been ambiguous about them, to say the least.This book provides an in-depth analysis of both the general economic theory of secured lending, as well as the very concrete and detailed aspects of the legal framework in which it takes place, in Belgium and the United States. Legal practitioners will find a deeper economic understanding of how credit works, and answers to legal questions that no traditional, inside-the-box legal handbook will ever ask. Economists will find theory applied to, and checked by, the legal reality in which they necessarily operate, down to minute detail.

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 2002: V reports on measures affecting the automotive sector (India), definitive safegard measures on imports of circular welded carbon quality line pipe from Korea (US), and contains a cumulative index of published disputes.

The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.

The contributions in this volume elucidate both 'synthetic securitization' (which involves the investors in exposure-based securities to particular risks in exchange for a fee) and conventional securitization (issuance of securities for the primary purpose of raising funds for the originator or owner of the assets being securitized). The various contributions illustrate how the structures employed in securitizations are readily capable of being applied to a wide range of income-generating assets, including such innovative asset classes as the following:
- commercial mortgages
- student rents
- intellectual property rights
- carbon emission allowances
- life insurance policies
- project and infrastructure loans
- microfinance loans
- sovereign aid grants
- non-performing loans
- loans to finance corporate takeovers
- tax receivables and other public sector assets
In addition, this volume covers the emergence of new markets for securitization in Asia, Latin America, Islamic countries, and South Africa, as well as major developments in the accounting treatment of securitizations and evolving judicial attitudes to the underlying sale and credit derivative components of securitizations.

This book considers some of the fundamental issues concerning the legal framework that has been established to support a single EU securities market. It focuses particularly on how the emerging legal framework will affect issuers' access to the primary and secondary market. The Financial Services Action Plan (FSAP, 1999) was an attempt to equip the community better to meet the challenges of monetary union and to capitalise on the potential benefits of a single market in financial services. It led to extensive change in securities market regulation: new laws; new law making processes, and more attention to the mechanisms for the supervision of securities market activity and legal enforcement. With the FSAP nearing completion, it is a good time to take stock of what has been achieved, and to identify the challenges that lie ahead.

This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the "Singapore Issues" (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords (MEAs). Among the specific topics covered are the following: emerging areas of law and policy in trade and sustainable development; the underlying development agendas in global trade law negotiations; cooperation and potential negotiation on international competition law; overlaps between multilateral environmental accords (MEAs) and the WTO; recent developments in WTO dispute settlement procedures and proceedings; human rights and environmental opportunities from trade liberalisation and increased market access; human rights and environment impact assessment techniques used to analyse trade agreements; and, recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters.

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law - introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.

Balakrishnan Rajagopal's fundamental critique of modern international law draws attention to traditional Third World engagements. Rajagopal challenges current approaches to international law and politics either through states or through individuals. With transnational and local social movement action now becoming increasingly visible and important--as witnessed in Seattle in 1999, he demonstrates that a new global order must consider seriously the resistance of social movements in the development of international law.

Claire Cutler's critical analysis of the role that international economic law plays in the creation and maintenance of global power relations examines the historical and contemporary evolution of merchant law. She concludes that private interests have governed global economic relations through practices that are little understood. Interdisciplinary in scope, this study draws upon international relations and law, international political economy and political and legal theories. It will be an important first step toward developing a critical understanding of the political foundations of transnational merchant law.

The past few decades have witnessed a growth in the importance of services in the economy, yet until the 1980s, scholarly literature on the expanding role of trade in services in the world economy remained scarce. This timely research review, edited by a leading analyst in the field, brings together seminal works on the WTO and trade in services published in the last twenty-five years. Areas covered in this important set include the determinants and patterns of trade in services, services in regional integration agreements and the GATS. This book will be of immense value to scholars and practitioners interested in this evolving and increasingly relevant field of study.

Susan Sell's book reveals how power in international politics is increasingly exercised by private interests rather than governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by powerful multinational corporations who wished to mould international law to protect their markets.

In November 2001 the members of the World Trade Organization approved the start of new trade talks at the WTO ministerial meeting in Doha. Written by a team of authors from developing and developed countries in the Asia-Pacific region, this collection of essays identifies ways that progress might be made on key negotiating topics. The negotiations launched will focus on such problematic issues as improving market access in agriculture, and strengthening the development impacts of WTO which, if achieved, will have profound implications on world trade.

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.