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Cooperation, Comity, and Competition Policy, edited by Andrew T.
Guzman, illustrates how domestic competition law policies intersect
with the realities of international business. It offers a
discussion of what might be done to improve the way in which
cross-border business is handled by competition policy.
The first part of the book provides country reports written by
local experts explaining the extraterritorial reach of national
laws. Each country report summarizes existing domestic law and
examines the conditions under which each country applies its
substantive competition laws to conduct that takes place abroad.
These chapters also address the question of comity, meaning the
circumstances in which a country would decline to exercise
jurisdiction on the grounds that another state is the more
appropriate jurisdiction. Finally, the extent of cooperation
between the local government and other states is examined. In
conducting cross-border business activity, these reports provide
the reader with a sense of the multiple jurisdictions that a
business must consider within the scope of how laws from various
states interact and overlap. The countries covered include:
Australia, Brazil, Canada, China, the EC, Israel, Japan, Singapore
and the United States.
The second part of the book offers several proposals for
effectively managing these overlapping competition policy regimes.
Written by top academics and practitioners, the proposals render
some of the most important current thinking on the topic.
The country reports and the expert policy proposals together
provide a unique perspective on international competition policy
and the challenges of the international competition policy regime.
This major work consists of carefully commissioned original and
incisive contributions from leading scholars in the field of
international economic law. Covering a full range of topics, the
Handbook provides an accessible treatment of the law in each area,
as well as a thoughtful synthesis and discussion of related public
policy issues from a broadly social science perspective. The book
includes extensive coverage of international trade issues, which
are generally considered to be the core of international economic
law, and focuses on such topics as barriers to trade, dispute
settlement, trade and services, regionalism and remedies. It also
goes significantly beyond these to look at related areas of the
discipline; international investment, including discussion of
regulatory issues and private rights of action; intellectual
property issues relating to trade; commercial law; legal and
economic aspects of international tax and international finance;
the closely related areas of trade and international competition
policy; international environmental law; and international
telecommunications. Providing in many cases a unique
interdisciplinary blend of analysis, the Handbook offers a cutting
edge approach to international economic law, and an authoritative
source of reference for scholars, graduate students and
policymakers.
Deniers of climate change sometimes quip that claims about global
warming are more about political science than climate science. They
are wrong on the science, but may be right with respect to its
political implications. A hotter world, writes Andrew Guzman, will
bring unprecedented migrations, famine, war, and disease. It will
be a social and political disaster of the first order.
In Overheated, Guzman takes climate change out of the realm of
scientific abstraction to explore its real-world consequences. He
writes not as a scientist, but as an authority on international law
and economics. He takes as his starting point a fairly optimistic
outcome in the range predicted by scientists: a 2 degree Celsius
increase in average global temperatures. Even this modest rise
would lead to catastrophic environmental and social problems.
Already we can see how it will work: The ten warmest years since
1880 have all occurred since 1998, and one estimate of the annual
global death toll caused by climate change is now 300,000. That
number might rise to 500,000 by 2030. He shows in vivid detail how
climate change is already playing out in the real world. Rising
seas will swamp island nations like Maldives; coastal
food-producing regions in Bangladesh will be flooded; and millions
will be forced to migrate into cities or possibly "climate-refugee
camps." Even as seas rise, melting glaciers in the Andes and the
Himalayas will deprive millions upon millions of people of fresh
water, threatening major cities and further straining food
production. Prolonged droughts in the Sahel region of Africa have
already helped produce mass violence in Darfur.
Clear, cogent, and compelling, Overheated shifts the discussion on
climate change toward its devastating impact on human societies.
Two degrees Celsius seems such a minor change. Yet it will change
everything.
Deniers of climate change sometimes quip that claims about global
warming are more about political science than climate science. They
are wrong on the science, but may be right with respect to its
political implications. A hotter world, writes Andrew Guzman, will
bring unprecedented migrations, famine, war, and disease. It will
be a social and political disaster of the first order. In
Overheated, Guzman takes climate change out of the realm of
scientific abstraction to explore its real-world consequences. He
writes not as a scientist, but as an authority on international law
and economics. He takes as his starting point a fairly optimistic
outcome in the range predicted by scientists: a 2 degree Celsius
increase in average global temperatures. Even this modest rise
would lead to catastrophic environmental and social problems.
Already we can see how it will work: The ten warmest years since
1880 have all occurred since 1998, and one estimate of the annual
global death toll caused by climate change is now 300,000. That
number might rise to 500,000 by 2030. He shows in vivid detail how
climate change is already playing out in the real world. Rising
seas will swamp island nations like Maldives; coastal
food-producing regions in Bangladesh will be flooded; and millions
will be forced to migrate into cities or possibly "climate-refugee
camps." Even as seas rise, melting glaciers in the Andes and the
Himalayas will deprive millions upon millions of people of fresh
water, threatening major cities and further straining food
production. Prolonged droughts in the Sahel region of Africa have
already helped produce mass violence in Darfur. Clear, cogent, and
compelling, Overheated shifts the discussion on climate change
toward its devastating impact on human societies. Two degrees
Celsius seems such a minor change. Yet it will change everything.
This major work consists of carefully commissioned original and
incisive contributions from leading scholars in the field of
international economic law. Covering a full range of topics, the
Handbook provides an accessible treatment of the law in each area,
as well as a thoughtful synthesis and discussion of related public
policy issues from a broadly social science perspective. The book
includes extensive coverage of international trade issues, which
are generally considered to be the core of international economic
law, and focuses on such topics as barriers to trade, dispute
settlement, trade and services, regionalism and remedies. It also
goes significantly beyond these to look at related areas of the
discipline; international investment, including discussion of
regulatory issues and private rights of action; intellectual
property issues relating to trade; commercial law; legal and
economic aspects of international tax and international finance;
the closely related areas of trade and international competition
policy; international environmental law; and international
telecommunications. Providing in many cases a unique
interdisciplinary blend of analysis, the Handbook offers a cutting
edge approach to international economic law, and an authoritative
source of reference for scholars, graduate students and
policymakers.
Much of antitrust law scholarship has focused on substantive legal
issues - theories of harm and changing law and policy.
Surprisingly, there has been very little work that is comparative,
on a fundamental element that is a critical building block to
effective policy - procedural fairness. Procedural fairness
encompasses issues of transparency and due process. Procedural
fairness has been an important issue in global antitrust for some
time. The types of due process concerns raised globally often
relate to the lack of effective representation, the use of
industrial policy by third parties, and procedural tools that do
not allow for the most effective advocacy to lead to efficient
outcomes. This book focuses on these issues and teases out common
problems and distinct issues in particular jurisdictions, allowing
for a rethink of creating a more effective system for procedural
fairness, and explores these issues in each jurisdiction, along
with highlights of particular cases in which due process issues
have emerged.
How International Law Works presents a theory of international law,
how it operates, and why it works. Though appeals to international
law have grown ever more central to international disputes and
international relations, there is no well-developed, comprehensive
theory of how international law shapes policy outcomes.
Filling a conspicuous gap in the literature on international law,
Andrew T. Guzman builds a coherent theory from the ground up and
applies it to the foundations of the international legal system.
Using tools from across the social sciences Guzman deploys a
rational choice methodology to explain how a legal system can
succeed in the absence of coercive enforcement. He demonstrates how
even rational and selfish states are motivated by concerns about
reciprocal non-compliance, retaliation, and reputation to comply
with their international legal commitments.
Contradicting the conventional view of the subject among
international legal scholars, Guzman argues that the primary
sources of international commitment--formal treaties, customary
international law, soft law, and even international norms--must be
understood as various points on a spectrum of commitment rather
than wholly distinct legal structures.
Taking a rigorous and theoretically sound look at international
law, How International Law Works provides an in-depth,
thoroughgoing guide to the complexities of international law,
offers guidance to those managing relations among nations, and
helps us to understand when we can look to international law to
resolve problems, and when we must accept that we live in an
anarchic world in which some issues can be resolved only through
politics.
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