The North American Free Trade Agreement (NAFTA) broke new ground in such areas as investment regulation and intellectual property protection, and, for the first time, linked labor and environmental issues to international trade policy. Implementation of this agreement required the creation of several new institutions: some mandated by the treaty itself; others resulting from supplemental labor and environmental legislation; and a few created in response to increased economic activity among the members. This book provides, for the first time, an in-depth examination and analysis of the structure, functions, and performance of the NAFTA institutions from their inception to the present day.

The American Century began in 1941 and ended on January 20, 2017. While the United States remains a military giant and is still an economic powerhouse, it no longer dominates the world economy or geopolitics as it once did. The current turn toward nationalism and "America first" unilateralism in foreign policy will not make America great. Instead, it represents the abdication of our responsibilities in the face of severe environmental threats, political upheaval, mass migration, and other global challenges. In this incisive and forceful book, Jeffrey D. Sachs provides the blueprint for a new foreign policy that embraces global cooperation, international law, and aspirations for worldwide prosperity-not nationalism and gauzy dreams of past glory. He argues that America's approach to the world must shift from military might and wars of choice to a commitment to shared objectives of sustainable development. Our pursuit of primacy has embroiled us in unwise and unwinnable wars, and it is time to shift from making war to making peace and time to embrace the opportunities that international cooperation offers. A New Foreign Policy explores both the danger of the "America first" mindset and the possibilities for a new way forward, proposing timely and achievable plans to foster global economic growth, reconfigure the United Nations for the twenty-first century, and build a multipolar world that is prosperous, peaceful, fair, and resilient.

Who is afraid of the World Trade Organization, the WTO? The list appears to be long. Many workers, and especially unions that represent them, claim that WTO agreements increase import competition and threaten their jobs. Other groups emphasize the role of the WTO in the allegedly ill effects of globalization in general. Many environmentalists share this concern, claiming that the WTO encourages pollution and prevents governments from defending national environmental standards. Then there are human rights advocates ready to violate WTO rules by imposing trace sanctions in defense of human rights. Still other groups fear that the WTO compromises national sovereignty, taking away a countrys right to govern its trade and even its own domestic policies. This book is in response to the many misinformed and often hysterical arguments leveled against the WTO during recent protests in Seattle and elsewhere. In this timely and engaging volume, Kent Jones explains the compelling reasons for establishing the WTO as an agreement to promote world trade, and the consensus-based structure of all its enforcement mechanisms. While Jones does not dismiss the threat that recent political protests pose for the trading system, he does reveal the fallacies in their arguments and presents a strong case in favor of the World Trade Organization, with proposals for reconciling trade and non-trade goals in the world economy.

This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts' decisions in relation to the WTO agreements, which have "direct effect" in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts' enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions' experiences and argues that the traditional academic literature that fosters domestic courts' enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.

What role should international trade rules and the World Trade Organization (WTO) play in the protection of the environment? While many environmentalists argue that trade rules and procedures must be made more "green," many trade proponents fear that the international trading system will be undermined by extreme demands of environmentalists.

In this essay, Gary Sampson scrutinizes these contending views and assesses the effects of trade liberalization on the environment; the role of the WTO's dispute settlement mechanism; the potential impact of WTO rules, including those dealing with production processes; and the relationship that should exist between the WTO and specific multilateral environmental agreements.

In his discussion of these issues, Sampson puts forward a priority agenda for trade and environmental ministers and proposes ways to enhance the WTO's environmental protection role and strengthen the trading system at the same time.

This handbook describes the historical and legal background to the TRIPS Agreement, its role in the WTO and its institutional framework. It reviews the following areas: general provisions and basic principles; copyright and related rights; trademarks; geographical indications; patents; industrial designs, layout-designs, undisclosed information and anti-competitive practices; enforcement of IPRs; dispute settlement in the context of the TRIPS Agreement; TRIPS and public health; and current TRIPS issues. It contains a guide to TRIPS notifications by WTO members and describes how to access the official documentation relating to the TRIPS Agreement and related issues. Furthermore, it includes the legal texts of the TRIPS Agreement and the relevant provisions of the WIPO conventions referred to in it, as well as subsequent relevant WTO instruments and related non-WTO treaties. The new edition covers the public health revision of the Agreement that entered into force in 2017 and provides updates on other recent developments.

This handbook describes the historical and legal background to the TRIPS Agreement, its role in the WTO and its institutional framework. It reviews the following areas: general provisions and basic principles; copyright and related rights; trademarks; geographical indications; patents; industrial designs, layout-designs, undisclosed information and anti-competitive practices; enforcement of IPRs; dispute settlement in the context of the TRIPS Agreement; TRIPS and public health; and current TRIPS issues. It contains a guide to TRIPS notifications by WTO members and describes how to access the official documentation relating to the TRIPS Agreement and related issues. Furthermore, it includes the legal texts of the TRIPS Agreement and the relevant provisions of the WIPO conventions referred to in it, as well as subsequent relevant WTO instruments and related non-WTO treaties. The new edition covers the public health revision of the Agreement that entered into force in 2017 and provides updates on other recent developments.

Provides a roadmap for mature industrialized countries to contribute to and benefit from global trade on new terms. Global trade is heading toward chaos. Globalization has in part been a zero-sum game over the last 20 years, as China's middle and upper classes have grown sharply while Western economies have stagnated. Wealthy countries, most notably the United States and the United Kingdom, are now on the brink of abandoning free trade as it includes both the principles and the theories behind it because their economies cannot compete with those of China and some developing countries. Prevailing protectionist attitudes and policies are based on short-term thinking and will disappoint future generations. According to author David S. Jacoby, a "new multilateralism" can provide a way out of this impending disaster by preserving innovation and growth while also curbing the impact of countries that manipulate currency, disparage the environment, and violate human rights. Jacoby clearly explains how industrialized nations can compete on a basis of differentiated technology and innovation while letting developing countries compete on a basis of manufacturing, components, and materials and makes a strong case for why the West should recommit to global trade. Explains the reasons behind current populist trends around the world Identifies the challenges and failures of globalization Profiles countries that have developed under different trade frameworks Assesses models of isolationism and protectionism Delivers a policy prescription for a new global trade order

In pharmaceutical patent law, the problem of lack of policy direction and inappropriate legal framework is widespread - particularly among jurisdictions with little to no pharmaceutical research or manufacturing. This book aims to inform public policy and influence debate through a comprehensive review of Hong Kong's pharmaceutical patent law. By demonstrating the need for a holistic review of pharmaceutical patent laws and evaluating Hong Kong's system in light of health policy, economic and social factors, Bryan Mercurio recommends changes to the legal framework and constructs a more efficient and effective system for Hong Kong. He thoroughly evaluates the international framework and best practice models to offer a global perspective to each issue before providing local context in the analysis. While the focus of the book is Hong Kong, the analysis on pharmaceutical patent law and policy extends to other jurisdictions facing issues on reforming their national system.

This is a comprehensive graduate textbook on International Trade. It surveys both the theoretical and empirical literature, and reports new results. International Trade addresses the need to synthesize and integrate the new advances in a field that has become a key element of policy discussions.

Preferential trade agreements (PTAs) have been proliferating for more than two decades, with the negotiations for a Transatlantic Trade and Investment Partnership and a Trans-Pacific Partnership being just the tip of the iceberg. This volume addresses some of the most pressing issues related to the surge of these agreements. It includes chapters written by leading political scientists, economists and lawyers which theoretically and empirically advance our understanding of trade agreements. The key theme is that PTAs vary widely in terms of design. The authors provide explanations as to why we see these differences in design and whether and how these differences matter in practice. The tools for understanding the purposes and effects of PTAs that are offered will guide future research and inform practitioners and trade policy experts about progress in the scientific enquiry into PTAs.

This book argues that investor risk in emerging markets hinges on the company a country keeps. When a country signs on to an economic agreement with states that are widely known to be stable, it looks less risky. Conversely, when a country joins a group with more unstable members, it looks more risky. Investors use the company a country keeps as a heuristic in evaluating that country's willingness to honor its sovereign debt obligations. This has important implications for the study of international cooperation as well as of sovereign risk and credibility at the domestic level.

The volume explores a question that sheds light on the contested, but largely cooperative, nature of Arctic governance in the post-Cold War period: How does power matter -and how has it mattered - in shaping cross-border cooperation and diplomacy in the Arctic? The role of power in global governance cooperation has been explored in international relations and political geography literature, yet largely overlooked in an Arctic context. Through carefully selected case studies - from Russia's role in the Arctic Council to the diplomacy of indigenous peoples' organizations - this book seeks to shed light on how power performances are enacted to constantly shore up Arctic cooperation in key ways. The conceptually-driven nature of the inquiry makes the book appropriate reading for courses in international relations and political geography, while the carefully selected case studies lend themselves to courses on Arctic politics. -- .

The book provides an analytical overview of the World Trade Organisation's Anti-Dumping Agreement, as interpreted by WTO Panels and the Appellate Body. The Anti-Dumping Agreement is often perceived as being the most technical and controversial WTO agreement. While the basic concepts of dumping and resulting injury may appear deceptively simple, complex methodology related to the calculation of dumping and injury margins, as well as the very detailed procedural requirements that authorities need to comply with before taking anti-dumping action, make the Anti-Dumping Agreement difficult to apply and understand in practice. While the book of necessity goes into great detail about the intricacies of anti-dumping law and practice, it attempts to explain the various concepts in a relatively non-technical manner by means of simplified examples that are easy to grasp for experts and non-experts alike. The book also pays extensive attention to interpretations of the various provisions of the Anti-Dumping Agreement by WTO panels and the Appellate Body. There have been more WTO cases under the Anti-Dumping Agreement than under any other WTO Agreement, reflecting both the increased recourse to anti-dumping measures by WTO members all over the world and the complexity of abiding by the WTO rules. WTO Panels and the Appellate Body, called upon to review administrative determinations and aspects of national legislation, have done a remarkable job in interpreting the WTO rules. For WTO members, wishing to impose anti-dumping measures in a WTO-consistent manner, knowledge not only of the Agreement itself, but also of such interpretations, is therefore a must.

Preferential trade agreements (PTAs) have been proliferating for more than two decades, with the negotiations for a Transatlantic Trade and Investment Partnership and a Trans-Pacific Partnership being just the tip of the iceberg. This volume addresses some of the most pressing issues related to the surge of these agreements. It includes chapters written by leading political scientists, economists and lawyers which theoretically and empirically advance our understanding of trade agreements. The key theme is that PTAs vary widely in terms of design. The authors provide explanations as to why we see these differences in design and whether and how these differences matter in practice. The tools for understanding the purposes and effects of PTAs that are offered will guide future research and inform practitioners and trade policy experts about progress in the scientific enquiry into PTAs.

This manuscript examines Sino-Middle Eastern relations on a bilateral level. It highlights the depth of China's involvement in Central Asia with each country on a five dimensional approach: security cooperation, energy security, trade relations, political relations, and cultural relations. Regarding each of these criteria, Central Asia enjoys a strategic significance to China's national security, vital interests, territorial integrity, sovereignty, regime survival, and economic prosperity. China has been an integral part of the political developments on the Central Asian political scene for over the past two millennia. Their bilateral ties grew steadily since the independence of Central Asian republics in 1992, culminating into strategic partnership two decades later. China and its partners in the region have embarked on the construction of the most ambitious gas pipelines network, joint ventures in oil upstreaming and downstreaming, mammoth highway and railroad projects, trade zones, construction projects, and above all, strategic security coordination in reference to unified and an integrated response to regional security threats. Both sides are also engaged in a process of revival of the Silk Road in terms of its cultural diversity and trade relations. Sino-Central Asian volume of trade reached $50 billion heading steadily toward $100 in the coming five years.

This volume assembles a stellar group of scholars and experts to examine preferential trade agreements (PTAs), a topic that has time and again attracted the interest of analysts. It presents a discussion of the evolving economic analysis regarding PTAs and the various dysfunctions that continually place them among the priority items for (re)negotiation by the WTO. The book explores recent empirical research that casts doubt on the old 'trade diversion' school and debates why the WTO should deal with PTAs and if PTAs belong under the mandate of the WTO as we now know it.

The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct. This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable.

Originally published in 1955, this book examines the first trade union between the Dutch and Belgian Netherlands, a precursor to the modern Benelux, from 1816 to 1830. Wright focuses on the role played by the trade agreement in uniting disparate parts of the Dutch provinces in Europe and abroad, and how, despite the union's relative success, politics undermined King William I's end goal of an independent Dutch Empire. This book will be of value to economic historians and anyone with an interest in Dutch history.

At a pivotal point in the history of the WTO, when development issues are at the heart of negotiations, how the larger and more powerful members address the legitimate concerns of its poorest and most vulnerable members will shape the perception of the institution throughout the century. This book aims not only to document almost ten years of experience of small states with the WTO but also to explain this experience. It takes an evidential theory approach to explaining the features characteristic to the trade and economic development of small island states. It then highlights the issues of concern to these states in relation to negotiations at the WTO. The experience of the African Caribbean and Pacific (ACP) countries with the WTO dispute settlement mechanism is discussed, and the book ends with a discussion of key negotiating issues for the island states and institutional arrangements to facilitate reform.

This volume assembles a stellar group of scholars and experts to examine preferential trade agreements (PTAs), a topic that has time and again attracted the interest of analysts. It presents a discussion of the evolving economic analysis regarding PTAs and the various dysfunctions that continually place them among the priority items for (re)negotiation by the WTO. The book explores recent empirical research that casts doubt on the old 'trade diversion' school and debates why the WTO should deal with PTAs and if PTAs belong under the mandate of the WTO as we now know it.

Since the early 1990s the world has seen an explosion of preferential trade agreements (PTAs) between North and South. Mark Manger argues that current North-South PTAs are not primarily about liberalizing exports as is usually assumed. Rather, they are driven by the needs of foreign direct investment. The interests of multinational firms in investing in developing countries converge with the desires of the host countries to attract foreign capital. Yet to be politically feasible in the developed country, North-South PTAs must discriminate against third countries. PTAs thus create a competitive dynamic between countries, as excluded firms lobby their governments to restore access to important investment locations, leading to yet more preferential agreements. Based on extensive research in Europe, Japan, and the Americas and interviews with decision-makers in governments and the private sector, this book offers a new perspective on the roles of the state and corporations in international trade.

For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This "Brief" argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily-in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The "Brief" concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law. "

This is a story about governance in Mexico after the labor and environmental accordsOCocalled side agreementsOCothat accompanied the NAFTA treaty went into effect. These side agreements required member states to uphold and enforce their labor and environmental laws; though never codified, it was widely accepted that Mexico, in particular, had a problem with law enforcement.
"Side Effects" explores how differences in institutional design (of the side agreements) and domestic capacity (between the labor and environment sectors) influenced norm socialization in Mexico. It argues that the acceptance of rule-of-law norms in environmental governance can be attributed to participating institutions' independence from national control, their willingness to give citizens access, and the professionalization and technical capacity of domestic bureaucrats and civil society actors. Changes in labor governance have been hampered by union confederations, longstanding corruption, and a closed opportunity structure. Going beyond a simple accounting exercise of resources devoted to enforcing the law, this book comes to grips with how best to strengthen local capacity and promote pro-norm behaviorOCoadvances essential to the task of development and democratization.

This is a story about governance in Mexico after the labor and environmental accords--called "side agreements"--that accompanied the NAFTA treaty went into effect. These side agreements required member states to uphold and enforce their labor and environmental laws; though never codified, it was widely accepted that Mexico, in particular, had a problem with law enforcement.
"Side Effects" explores how differences in institutional design (of the side agreements) and domestic capacity (between the labor and environment sectors) influenced norm socialization in Mexico. It argues that the acceptance of rule-of-law norms in environmental governance can be attributed to participating institutions' independence from national control, their willingness to give citizens access, and the professionalization and technical capacity of domestic bureaucrats and civil society actors. Changes in labor governance have been hampered by union confederations, longstanding corruption, and a closed opportunity structure. Going beyond a simple accounting exercise of resources devoted to enforcing the law, this book comes to grips with how best to strengthen local capacity and promote pro-norm behavior--advances essential to the task of development and democratization.