The US-China trade war instigated by President Trump has thrown the multilateral trading system into a crisis. Drawing on vast interview and documentary materials, Hopewell shows how US-China conflict had already paralyzed the system of international rules and institutions governing trade. The China Paradox - the fact that China is both a developing country and an economic powerhouse - creates significant challenges for global trade governance and rule-making. While China demands exemptions from global trade disciplines as a developing country, the US refuses to extend special treatment to its rival. The implications of this conflict extend far beyond trade, impeding pro-development and pro-environment reforms of the global trading system. As one of the first analyses of the implications of US-China rivalry for the governance of global trade, this book is crucial to our understanding of China's impact on the global trading system and on the liberal international economic order.

This book advances the international debate on the development of e-commerce with focus on emerging ASEAN economies. It provides readers insights on Asia's needs and efforts to improve the regional legal and economic conditions to support e-commerce. This book looks at the rules and regulations on e-commerce, and e-commerce for inclusiveness growth. It provides insights from several ASEAN member states and discovers the requirements for Asian countries to better grasp the new juncture of growth associated with economic digitalization, which also have deep implications on continuous regional integration and community-building.

Contrary to the claims made by neoliberal governments and mainstream academics, this book argues that the huge increase in trade in recent decades has not made the world a fairer place: instead, the age of globalization has become a time of mass migration caused by increasing global inequality. The theory of unequal exchange challenges the free trade doctrine, claiming that transfers of value from poorer to richer countries are hidden behind apparently equivalent market transactions. Following a critical review of the existing approaches, the book proposes a general theory of unequal exchange in the light of an innovative reconstruction of Marx's international law of value, in which money and exchange rates play a crucial role in decoupling value captured from value produced by different countries, even in perfectly competitive world markets. On this theoretical basis, the book provides an empirical analysis of the international transfers of value in both traditional trade and Global Value Chains. The resulting world mapping of unequal exchange shows the geographical hierarchy of capital global exploitation by revealing a world divided into two quite separate camps of donor and receiving countries, the former being the poorer countries and the latter the richer countries. This book is addressed to scholars and students of economics and social sciences, as well as activists of the North and the South, interested in a better understanding of the asymmetric power relations implied in global trade. It makes a significant contribution to the literature on political economy, trade, Marxism, international relations, and economic geography.

This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU's approach to occupied territories and the extent to which this approach comports with the EU's obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.

This book argues for a balanced approach to 'greening' the World Trade Organization (WTO) ban on China's export duties without opening the floodgates to protectionism. As a result of the China-Raw Materials and China-Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China's export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely 'export duties plus': export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.

Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights.

The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors - states, transnational business corporations, or civil society groups - and their influence on the structures - such as national and international agreements, organizations, and private entities - that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the 'flexible mechanism' (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as 'voluntary cooperation' or 'sustainable development' mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis regarding efficiency of the technology transfer mechanism under global climate regime in comparison with technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issues of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws e.g. intellectual property laws, investment related laws governed by the World Trade Organizations (WTO) can play role in facilitating transfer of the environmentally sound technologies. Another important aspect that this book will cover is potential roles which private sectors can play in innovating and transferring environmentally sound technologies under above-mentioned instruments of international law. In short, this book will be based on the argument that if global climate regime and the international trade regime collaborate each other in creating enabling environment and attracting private sector to invest in the field of environmentally sound technologies, the global challenges of innovation and transfer of the environmentally sound technologies to the developing and least developed countries can be fulfilled in more efficient manner. From conceptual perspectives, discussions and analyses of the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC) - two main guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. Besides, national and international level policy makers dealing with climate change and sustainable development will be greatly benefitted from this book.

First published in 1941, The Reconstruction of World Trade analyses the collapse of the international trading model after the First World War; the challenges presented by totalitarian methods of bilateral trade, and the problems anticipated in the attempt to reconstruct world trade after the end of the Second World War. The author studies national economic policies of several countries to argue that while economic problems are not contained with national borders, these still are an outcome of conflicting national economic policies. This book will be of interest to students of history, political science and economy.

This edited collection is an interdisciplinary study of gems in the early modern world. It examines the relations between the art, science, and technology of gems, and it does so against the backdrop of an expanding global trade in gems. The eleven chapters are organised into three parts. The first part sets the scene by describing how gems moved around the early modern world, how they were set in motion, and how they were pulled together in the course of their travels. The second part is about value. It asks why people valued gems, how they determined the value of a given gem, and how the value of a gem was connected to its perceived place of origin. The third part deals with the skills involved in cutting, polishing, and mounting gems, and how these skills were transmitted and articulated by artisans. The common themes of all these chapters are materials, knowledge and global trade. The contributors to this volume focus on the material properties of gems such as their weight and hardness, on the knowledge involved in exchanging them and valuing them, and on the cultural consequences of the expanding trade in gems in Eurasia and the Americas.

This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms "a constructive bridge of knowledge" between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Trading biotech products magnifies these risks and benefits globally. This book explores the topical, though still underexplored, question of how to find a point of equilibrium between the revolutionary advancement offered by technology and the need to safeguard biosafety from uncertain, though potentially irreversible, technology risks. It offers a thorough analysis of normative, judicial and epistemic issues hindering a reasoned balance between trade and non-trade interests under the WTO. The work offers practical relevance for the resolution of legal disputes in contexts of uncertainty, as well as innovative theoretical contributions. It will be a valuable resource for policymakers working on precautionary governance and management, scholars in the areas of trade law, human rights law and environmental law, law students and practitioners, as well as NGOs working in the field of new technologies, biosafety, sustainability and food safety.

Conti examines presidential rhetoric on trade, providing a detailed analysis of presidential trade arguments and strategies throughout American history. She then concentrates on the rhetoric of contemporary presidents, who have had to contend with both the burgeoning trade deficit and the displacement of military competitiveness with post-cold war economic competitiveness. Despite vast disparities in governing philosophies and strategies, Presidents Reagan, Bush, and Clinton all preached the virtues of free trade while continuing a policy of select protectionist actions. As Conti suggests, the arcane details of trade policy, the continuing pervasiveness of nontariff barriers, and the impending negotiation of international trade agreements combine to make presidential leadership on economic issues critical. How effective that leadership can be is, in large part, dependent upon the effectiveness of presidential rhetoric. Students, scholars, and researchers in the field of speech communication and rhetoric, political communication, public affairs, and the presidency will find this a stimulating survey.

This book examines the intricate relationship among trade and investment policies, as well as environmental regulations, especially for developing economies. Trade liberalization via tariff reduction and market reforms has contributed significantly to the growth of the world economy. Nonetheless, one may wonder if free trade can continue to be a key factor sustaining economic growth and improving environmental quality. Under free trade, capital-abundant developed countries that produce capital intensive goods tend to emit more pollutants. This is the thrust of the so-called factor-endowment hypothesis of pollution. However, the costs of abating pollution are mounting in environmentally conscious nations due to the adoption of tougher environmental standards. The increased production costs have prompted firms in the developed nations to relocate to developing countries (the pollution haven hypothesis).

Households in developing economies are mainly concerned with meeting basic needs and thus attach greater importance to issues about jobs and income. This book contributes toward understanding these issues. The impacts of pollution taxes and environmental standards on employment and social welfare are examined, the design and coordination of optimal trade, investment and environmental policies are analyzed, and their policy implications, such as aid-nature swap and backward incidence of pollution control, are provided. Finally, optimal trade and pollution policies are investigated and compared under certain and uncertain situations.

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

Within the theoretical framework of the trade-growth and structural transformation-growth nexuses, the book examines the evolution of African (goods and service) trade in terms of value and share of global commerce relative to other regions during the period 1948-2017. It also identifies and discusses discernible changes in the composition and structure of African exports and imports between 1995 and 2015 and their implications for economic development in Africa. The study attributes Africa's laggard trade performance during the period primarily to sub-optimal macroeconomic policies and lack of bold export development policies and initiatives, among other factors. It also offers an incisive discussion of several inhibitions to the structural transformation of African exports and imports, including lack of finance, globalization, tariff, and non-tariff measures in global markets. The discussion of the evolution of African trade during the period 1948-2017 based on statistics and publications of international organizations, including the UNCTAD, the World Bank, and the African Development Bank, among others, is the first of its kind in terms of scope and depth of review of African trade. The analyses of cross-border trade during 1948-2017 and their implications for Africa's economic development prospects constitute a useful reference material for academics and students of African and development studies and African and international policymakers.

In a complex political and environmental global landscape, it has never been more critical for global organizations to understand the past, present, and future of Chinese corporate governance: this book is the key.

Leveraging her dual-cultural background and using a board-level practitioner’s lens, Lyndsey Zhang offers insights that will help the global business community better understand Chinese companies’ corporate governance practices and economic development journeys, shorten the learning curve for global business leaders and investors, and explore different economic models that better suit emerging markets.

She addresses important questions such as:

• How does the Chinese government manage to retain its controlling position in Chinese companies while still making them attractive to global investors?
• What are the drivers for Chinese companies’ future corporate governance improvement?
• What is China’s position on the worldwide ESG and climate change movements?
• How can global practitioners feel less like "navigating in the dark" when working with Chinese companies?

This book will be an invaluable resource for anyone seeking to understand the rapidly changing world of Chinese corporate governance, including global investors, senior executives in multinational corporations, consultants, financial and political policymakers, business and law students, and researchers.

Intellectual property rights (IPRs) are increasingly significant elements of economic policy: they are vital to developed countries in an age of global trade. Today's astounding new technologies, stemming from the digital and biotechological revolutions are creating new problems. William Cornish focusses upon the major dilemmas that currently enmesh the subject: the omnipresent spread of IPRs across some recent technologies, the distraction caused by rights that achieve little of their intended purpose, and the seeming irrelevance of IPRs in the face of new technologies such as the internet. What IPRs are good for, and what they should achieve depends upon the law which defines them. There is great international, as well as national pressure for new laws, and in Europe, the EU is now the dominant force in shaping IP policy. Against this background, William Cornish surveys current arguments over legal policy in this field. How can the the issues raised by advances in human genetics be reconciled with the potential for diagnostic and therapeutic advances, and the patenting of molecules, genes, and even organisms by biotechnology and pharmaceutical companies? How can this new field be fairly protected through the existing requirements of patent law; and who should be responsible for effecting this result? Copyright is the traditional buttress of publishing, computer programming, and record and film production. It now faces a life-sapping threat from free and ready access to material via the Internet and other digital resources. How can a mixture of legal rights and technological barriers to access give reasonable protection to investment in new intellectual products without becoming an inordinate instrument of control? Trade marks are the crux of branding: a cornerstone of marketing that often eclipses even the very things being sold. How can we reconcile the tension between those intent on legal protection for every element of investment in branding, and those concerned to balance freedom to compete against the drive for 'fair trading'?

Multinational Strategic Alliances Robert J. Mockler St. Johna s University, New York Strategic alliances are one of the most significant tools used today in business, especially by multinational firms. It is seen by business managers as the way to grow their organizations, especially when faced by downsizing and cutbacks. Such alliances have certainly been around for a long time, and surveys show that today the majority of large organizations use them. Almost all multinational firms have considered them. However, what has changed in todaya s working climate is their breadth and frequency of use, and their complexity. This highlights the need for a comprehensive guide such as this. Indeed, research shows that over 70% of strategic alliances fail to deliver the results that were intended from the outset. What makes this book so useful is that it covers a broader range of alliances and has more current case studies than other books currently available. In addition, this comprehensive introduction to the subject provides a base of practical a how--to--do--ita material and specific decision models covering determining strategic fit, negotiating strategic alliances and selecting compatible partners, formulating type and structure of alliances in light of operational fit, and making strategic alliances work. The book also explores other options instead of alliances such as wholly--owned multinational expansion and exporting, and has major sections on understanding and managing cross--cultural diversity, communications and leadership. Case studies include General Motors in China, British Airways and American Airlines, Airbus Industrie, a celluar phone venture in Tashkent, British Petroleum/Mobil in Europe, and Puyi--Briggs and Straton Engine Corporation in China. The systematic processes, contingency frameworks, best practices guidelines and situation analysis checklists given in this book make it an indispensable guide for managers and senior managers no matter what the size of their enterprise, especially those involved in international marketing, planning and management. It is also relevant to consultants and MBA and post--graduate students interested in the development, management and other strategic issues involved in multinational strategic alliances.

The 1994 agreement establishing the World Trade Organization (WTO) regulates over 95% of world trade amongst 148 member countries. The November 2001 Declaration of the Fourth Ministerial Conference of the WTO in Doha, Quatar, has launched the Doha Development Round of multilateral trade negotiations in the WTo on 21 topics aimed at far-reaching reforms of the world trading system. On August 1st 2004, the WTO General Council reached agreement on a detailed Doha Work program with the aim of concluding negotiations in 2006. This volume provides discussion and policy recommendations by leading WTO negotiators and policy-makers, and analysis by leading economists, political scientists and trade lawyers on the major subjects of the Doha Round negotiations. Over 30 contributors explore the complexity of the world trading system and of the WTO negotiations for its reform from diverse political, economic and legal perspectives.

In this book, originally published in 1937, Jacob Viner traces, in a series of studies of contemporary source-material, the evolution of the modern orthodox theory of international trade from its beginnings in the revolt against English mercantilism in the 17th and 18th centuries, through the English currency and tariff controversies of the 19th century, to the late 20th century. The author offers a detailed examination of controversies in the technical literature centering on important propositions of the classical and neo-classical economists relating to the theory of the mechanism of international trade and the theory of gain from trade.

The newest volume in Kluwer's series of comparative analyses of Member State law and the Principles of European Contract Law (PECL), this book not only provides an introduction to German law for lawyers familiar with the PECL but also serves as a model for "reconnecting" the contract law of the European Union with that of the Member States. Although the Principles were by design distilled from the laws of the Member States, one of the arguments most frequently advanced for opposing the introduction of a EU contract law is that it would not be in line with national principles of contract law. The in-depth comparison presented here may help to refute or confirm such doubts and serve as a yardstick to measure how far EU law really has disconnected from the traditions of the Member States. Using a straightforward comparative method, the analysis not only reveals a significant area of convergence between the PECL and German contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (historical, social, economic), are clearly set forth. Aspects of the relevant laws covered include the following: scope of application, general duties, terminology; offer and acceptance, liability for negotiations; effects of assignment; remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest); representation by agents; plurality of debtors and/or creditors; order of priority among assignee and competing claimants; transfer of contract or contractual position; and periods of prescription.

Taliban's return to power in August of 2021 caused everyone to ask why the two decades of institution building in Afghanistan failed. This book investigates the root causes of failed reforms in an important area of reform: trade and credit institutions. It explains why the efforts to reform and regulate the economic institutions in Afghanistan failed and what we can learn from their failure. It draws on more than eighty interviews with Afghan merchants, business leaders, money dealers, and government officials in five major provinces of Afghanistan to identify the barriers to access to credit and to understand the performance of formal institutions (banks) and their informal counterparts. This book finds that Afghan merchants were often unable to benefit from the offerings of formal institutions for three reasons: a highly volatile business climate, uncertain contract enforcement, and an unsupportive property rights system. Several informal institutions have emerged that alleviate some of the credit constraints on Afghan merchants. These informal institutions include risk-sharing trade credit operations, money dealers' short-term working capital loans, Gerawee, and Sar qufli. Although these informal institutions have helped Afghan merchants survive, they are unable to support economic growth. This book argues that countries like Afghanistan should solve their institutional dilemma by adopting an approach which the author calls "Grounded Institutional Reform." Using this approach, a country would formalize existing informal institutions, a development that would vastly increase their effectiveness. While this book focuses on credit and trade in Afghanistan, the analysis of "formalizing the informal" can easily be extended to solve other types of economic problems in similarly situated countries. This book should be of great interest to scholars, policymakers, and development workers in the field of law, finance, and development.

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

This book explores the possible creation and impact of electronic markets underpinned by government. How far could electronic trade go? The author outlines a world in which open online marketplaces are routinely used to trade everything from office space to bicycle rental between individuals. Each transaction would be guaranteed by the system, not the reputation of the seller. Anyone could enter the market as an equal. The author argues that the electronic marketplaces of the future will have widespread and fundamental economic and social consequences. For more information about Guaranteed Electronic Markets visit the Gems Website at www.gems.org.uk

In a previous book The Theory of Value, Capital and Interest, the systemic theory of value was developed for a closed economy. Now the economy is opened and the same theory is applied to international trade. Both books are intended to provide an alternative theoretical paradigm. The mainstream neoclassical theory, based on Heckscheer Ohlin Samuelson theorem, is shown to be logically contradictory and empirically refuted. That justifies search for a new approach. Empirical evidence is presented.