The book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of "development" is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.

Safeguard Measures in World Trade tackles the controversial issue of restrictions on imports. Professor Yong-Shik Lee skillfully argues that Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the World Trade Organization (WTO).Offering detailed and extensive legal coverage of safeguard measures in world trade, this timely third edition scrutinizes this instrument and its application, with reference to important WTO dispute-settlement cases. In addition to a thorough examination of the WTO Agreement on Safeguards, Professor Lee provides insightful interpretation of the national rules on safeguards and on safeguard provisions within regional trade agreements. Further analysis of the transitional product-specific measures against China and emergency safeguards to trade in services serve to enrich the coverage. The book concludes with unique proposals for extensive regulatory reform. Scholars, practitioners, national policy makers, negotiators and international organizations in the field of international economic and trade law will find much of interest in this unique and authoritative study. Contents: Preface Part I: Development of International Rules on Safeguards 1. Politics and Economics of Safeguard Measures 2. GATT Article XIX and Negotiations of the Agreement on Safeguards Part II: Agreement on Safeguards 3. Article XIX and Agreement on Safeguards 4. Article 2 - General Conditions 5. Article 4 - Injury and Causation 6. Procedural Requirements 7. Application of Safeguard Measures 8. Compensation and Retaliation 9. Remaining Issues Part III: Other Safeguard Provisions 10. Discussions on Safeguard Measures in the Service Trade: GATS Article X 11. Other Emergency Import Restrictions in the WTO 12. National/Regional Rules on Safeguards 13. Regional Trade Agreements and Safeguard Measures Part IV: Safeguard Regime: Present and Future 14. Lessons to Remember: US Steel Safeguard Case 15. Future Perspective and Conclusion Appendix 1. Statistics on Safeguard Measures Appendix 2. Text of GATT Article XIX Appendix 3. Text of the Agreement on Safeguards Appendix 4. Proposed Modification of the Agreement on Safeguards Appendix 5. Proposed Text of the Rules on Emergency Safeguard Measures Appendix 6. Application of Safeguards - The Checklist Bibliography Index

The book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of "development" is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.

Providing extensive coverage of international trade law from an economic development perspective, this second edition of Reclaiming Development in the World Trading System offers discussion of key principles of international trade law, trade measures, trade and development issues, and regulatory reform. Including such topics as the most-favored-nation principle, national treatment, and tariff binding, Lee also offers insightful analysis into new areas pertaining to agriculture and textile, trade-related investment, intellectual property rights, and trade in services. Looking at trade and development issues in Asia, Africa, and Latin America, as well as microtrade, an innovative international trade system designed to relieve the absolute poverty of least-developed countries, this book is essential reading that gives context to development interests and advances specific regulatory and institutional reform proposals. Lee lends insight into these topics with case analysis exemplifying how our trading systems have been adopted by the developing world in order to foster their own economic development.

Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement, and regional initiatives. Although there are publications on trade and development issues, mostly discussing developing countries, few publications deal with law and development issues of international trade law comprehensively in its key areas. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore, and Israel.

With contributions from well-regarded scholars of international economic law, this book sets out the case for an innovative solution to extreme poverty which utilizes international trade and its legal framework to relieve populations of the poorest countries around the world of extreme poverty. "Microtrade" is international trade on a small scale, based primarily on manually produced products using small amounts of capital and low levels of technology available at a local level in lesser developed countries. This book explores the theory, application, and legal framework for microtrade. In the first part of the book the architect of the microtrade theory, Yong-Shik Lee, offers a theoretical framework for microtrade including its basic elements, product demand and operational issues, legal issues, and the global management and facilitation of microtrade. The book then goes on to look at issues including the structure and financing of microtrade, e-commerce, government procurement, and the fair trade movement's possible relationship with microtrade. . The final part of the book considers empirical case studies of microtrade with agricultural products. The book shows how microtrade, if effectively administered on a global scale, can do much to end extreme poverty.

With contributions from well-regarded scholars of international economic law, this book sets out the case for an innovative solution to extreme poverty which utilizes international trade and its legal framework to relieve populations of the poorest countries around the world of extreme poverty. "Microtrade" is international trade on a small scale, based primarily on manually produced products using small amounts of capital and low levels of technology available at a local level in lesser developed countries. This book explores the theory, application, and legal framework for microtrade. In the first part of the book the architect of the microtrade theory, Yong-Shik Lee, offers a theoretical framework for microtrade including its basic elements, product demand and operational issues, legal issues, and the global management and facilitation of microtrade. The book then goes on to look at issues including the structure and financing of microtrade, e-commerce, government procurement, and the fair trade movement's possible relationship with microtrade. . The final part of the book considers empirical case studies of microtrade with agricultural products. The book shows how microtrade, if effectively administered on a global scale, can do much to end extreme poverty.

Providing extensive coverage of international trade law from an economic development perspective, this second edition of Reclaiming Development in the World Trading System offers discussion of key principles of international trade law, trade measures, trade and development issues, and regulatory reform. Including such topics as the most-favored-nation principle, national treatment, and tariff binding, Lee also offers insightful analysis into new areas pertaining to agriculture and textile, trade-related investment, intellectual property rights, and trade in services. Looking at trade and development issues in Asia, Africa, and Latin America, as well as microtrade, an innovative international trade system designed to relieve the absolute poverty of least-developed countries, this book is essential reading that gives context to development interests and advances specific regulatory and institutional reform proposals. Lee lends insight into these topics with case analysis exemplifying how our trading systems have been adopted by the developing world in order to foster their own economic development.

Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.

This work examines trade and development from the point of view of developing countries, it provides a rare opportunity to understand - and benefit from - the perspectives of the developing world. Developing nations comprise two-thirds of the membership of the World Trade Organization (WTO) so a work produced by an array of experts from those countries provides an important window on the intersection of trade and development.
This timely and useful resource will examine each of the following topics:
Part I. The WTO, Multilateral and Regional Frameworks for Trade. 1. Development and the World Trade Organization: Proposal for the Agreement on Development Facilitation and the Council for Trade and Development in the WTO, Yong-Shik Lee. 2. A Reflection on the South-South Coalition in the Last Half Century from the Perspective of International Economic Law-making, An Chen. 3. The WTO, Democracy, and Development: A View from the South Bhupinder Chimni. 4. Liberalization of Trade in Services and Trade Negotiations, Alejandro Jara and M del. Carmen Dominguez. 5. One Year Since the WTO Hong Kong Ministerial Conference: Developing Countries Re-claim the Development Content of the WTO Doha Round, Faizel Ismail. 6. Trade Diplomacy and Development Clubs: The Interaction in the Americas, Diana Tussie. Part II Trade and Development: Cases of Seven Developing Countries. 7. Export Promotion and Economic Development: Korea's Experience, Jai S. Mah and Jae-hee Kang. 8. The Evolution of China's International Trade Policy: Development Through Protection and Liberalization, Jiangyu Wang. 9. Liberalizing Border Trade: Implications for Domestic Agricultural Markets in India, Rajesh Chadha, DevenderPratap, and Anjali Tandon. 10. Legal Reforms and International Economic Development: Iran's Economic Development from a Global Perspective, Ali Z. Marossi. 11. EU Maritime Rules and Transport Sector Policy Reform in Turkey, Subidey Togan. 12. Trade Liberalization for the Second Largest Country in Europe: Going East, West, Or Can It Be Both?. Oleg Riabokon. 13. How Far Can LDCs Benefit from Duty Free and Quota Free Market Access?: The Case of Uganda, Francis Mangeni.

Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world s foremost authority on safeguard measures, has provided such a guide, here updated in its second edition.Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards; applicability of GATT Article XIX; interpretation and application of the Agreement on Safeguards, including non-discriminatory application of safeguards and justification of safeguards-in-response; transitional product-specific safeguard measures against China; and emergency safeguards to trade in services.The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea Dairy Products, Argentina Footwear, United States Wheat Gluten, United States Lamb Meat, Chile Price Band System, United States Line Pipe and United States Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. Other WTO rules considered include GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and Clothing; Article XII of the General Agreement on Trade in Services (GATS); and the Protocol on the Accession of the People s Republic of China." Safeguard Measures in World Trade" comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.

Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's foremost authority on safeguard measures, has provided such a guide, here updated in its second edition. Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards; applicability of GATT Article XIX; interpretation and application of the Agreement on Safeguards, including nondiscriminatory application of safeguards and justification of safeguards-in-response; transitional product-specific safeguard measures against China; and, emergency safeguards to trade in services. The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea' Dairy Products, Argentina's Footwear, United States' Wheat Glutten, United States' Lamb Meat, Chile's Price Band System, United States' Line Pipe and United States' Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. "Safeguard Measures in World Trade" comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.