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This is the first book that critically examines the reform of the
Appellate Body (AB) of the World Trade Organization (WTO) in light
of the current crisis resulting from the U.S. blocking of the
appointment of its members. The reform of the AB is critical, as
the appointment crisis could lead to the demise of "the jewel in
the crown," which may even cause the dismantling of the WTO as a
whole. This book covers various aspects of the crisis and its
reform. Specifically, as the crisis cannot be fully understood
without reviewing the role of the AB from the broader perspectives
of the other functions of the WTO, the book examines the reform of
the AB from the broader perspectives of the WTO governance.
Additional focus is on the reform of the AB in relation to its
specific functions. Available options are provided to address the
AB crisis, as well as discussion of wider implications beyond the
WTO. Contributed by world-renowned academics, experts, and
practitioners in the field of international economic law, this
volume provides a comprehensive analysis of the AB crisis and its
solutions.
This is the first book that critically examines the reform of the
Appellate Body (AB) of the World Trade Organization (WTO) in light
of the current crisis resulting from the U.S. blocking of the
appointment of its members. The reform of the AB is critical, as
the appointment crisis could lead to the demise of "the jewel in
the crown," which may even cause the dismantling of the WTO as a
whole. This book covers various aspects of the crisis and its
reform. Specifically, as the crisis cannot be fully understood
without reviewing the role of the AB from the broader perspectives
of the other functions of the WTO, the book examines the reform of
the AB from the broader perspectives of the WTO governance.
Additional focus is on the reform of the AB in relation to its
specific functions. Available options are provided to address the
AB crisis, as well as discussion of wider implications beyond the
WTO. Contributed by world-renowned academics, experts, and
practitioners in the field of international economic law, this
volume provides a comprehensive analysis of the AB crisis and its
solutions.
This book is devoted to an idea of a second round of codification
of certain new rules for treaty interpretation. Currently, treaty
interpretation is guided by Articles 31 through 33 of the Vienna
Convention on the Law of Treaties (VCLT). The fundamental rule is
that a treaty shall be interpreted in good faith in accordance with
the ordinary meaning to be given to the terms of the treaty in
their context and in the light of its object and purpose. These
rules lay the foundation for treaty interpretation. They represent
the first round of codification of the contents of some previous
customary international law rules. The book argues that the current
rules are overly simplified. After almost fifty years of
codification of the VCLT, the codified text in it is practically
insufficient in addressing some traditional treaty interpretation
issues (such as the interpretation involving time factors or
technology development) and in coping with some new development of
international law (such as the diversification and fragmentation of
international treaties) and new challenges (such as the need of
coordination between different treaties and the need of introducing
external values, including human rights, into a treaty through
treaty interpretation process). The book further argues that there
is a need to have a second round of codification so as to
incorporate new rules into the VCLT to be followed by treaty
interpreters to make treaty interpretation more consistent and
transparent, and more in line with the shared value of
international community. The book proposes the contents of certain
new rules to be considered as the new codified rules for treaty
interpretation.
The TPP was negotiated among 12 economically diverse countries,
including some most highly developed and rich countries (i.e., the
United States, Japan, Australia, Canada, New Zealand, and
Singapore), some newly industrialized countries (i.e., Mexico and
Malaysia), and some less-developed countries (i.e., Peru, Chile,
and Vietnam). A new paradigm created in this context is that
countries with vastly different economic developments can actually
agree on a set of very high standards to regulate their economic
activities, to liberalize their trade, and to protect intellectual
property and foreign investment. The contents of the TPP also
reflect its status of being a "new paradigm" as the "21st-Century
Trade Agreement" and being a pioneer in rule making in many key
regulatory areas. These include not only the improved and enhanced
rules on traditional issues already covered by the WTO , such as
goods, services, and IP rights, but also the carefully designed
rules in areas that have never been addressed in the WTO or
comprehensively covered in other FTAs , such as state-owned
enterprises, electronic commerce, and labor and environmental
issues. Although the United States has withdrawn from the TPP, the
remaining countries are still putting efforts into establishing a
TPP without the United States or a TPP with China. Economically
speaking, the current 11 parties account for about 20 % of the
global economy. If such agreement is put into force, there will be
significant implications for the region, for the multilateral
system, and even for other FTAs. The book addresses the potential
of the TPP to change the ways trade and investments are conducted
and argues for its potential to be the start of an international
trade/economic law revolution. The book elaborates the relationship
between the TPP and other existing trade agreements such as the WTO
and other FTAs and explains how the TPP is to deal with traditional
and new issues. Taken together, the authors argue that the
implications of the TPP go beyond its current membership. It is
hoped that the book will make an important contribution to the
field of international economic law.
This book focuses on the interaction and mutual influences between
the East and the West in terms of their legal systems and
practices. In this regard, it highlights Professor Herbert H.P.
Ma's achievements and his efforts to bring Eastern and Western
legal concepts and systems closer together. The book shows that,
while there have been convergences between different legal regimes
in many fields of law, diverse legal practices and approaches
rooted in differing cultural, social, political and philosophical
backgrounds do remain, and that these differences are not
necessarily negative elements in the contemporary legal order. By
examining different levels of the legal order, including domestic,
regional and multilateral, it goes on to argue that identifying
these diversities and addressing the interactions and mutual
influences between different regimes is a worthwhile undertaking,
not only in terms of mutual enrichment, but also with regard to
intensifying the degree of desirable coordination between different
legal systems. All chapters were written by leading experts,
practitioners and scholars from different jurisdictions with
expertise in various fields of law and different levels of the
legal order, and discuss a number of issues with particular focus
on either "one-way" or mutual influences between the Eastern and
the Western legal systems, practices and philosophies.
The TPP was negotiated among 12 economically diverse countries,
including some most highly developed and rich countries (i.e., the
United States, Japan, Australia, Canada, New Zealand, and
Singapore), some newly industrialized countries (i.e., Mexico and
Malaysia), and some less-developed countries (i.e., Peru, Chile,
and Vietnam). A new paradigm created in this context is that
countries with vastly different economic developments can actually
agree on a set of very high standards to regulate their economic
activities, to liberalize their trade, and to protect intellectual
property and foreign investment. The contents of the TPP also
reflect its status of being a "new paradigm" as the "21st-Century
Trade Agreement" and being a pioneer in rule making in many key
regulatory areas. These include not only the improved and enhanced
rules on traditional issues already covered by the WTO , such as
goods, services, and IP rights, but also the carefully designed
rules in areas that have never been addressed in the WTO or
comprehensively covered in other FTAs , such as state-owned
enterprises, electronic commerce, and labor and environmental
issues. Although the United States has withdrawn from the TPP, the
remaining countries are still putting efforts into establishing a
TPP without the United States or a TPP with China. Economically
speaking, the current 11 parties account for about 20 % of the
global economy. If such agreement is put into force, there will be
significant implications for the region, for the multilateral
system, and even for other FTAs. The book addresses the potential
of the TPP to change the ways trade and investments are conducted
and argues for its potential to be the start of an international
trade/economic law revolution. The book elaborates the relationship
between the TPP and other existing trade agreements such as the WTO
and other FTAs and explains how the TPP is to deal with traditional
and new issues. Taken together, the authors argue that the
implications of the TPP go beyond its current membership. It is
hoped that the book will make an important contribution to the
field of international economic law.
This book is devoted to an idea of a second round of codification
of certain new rules for treaty interpretation. Currently, treaty
interpretation is guided by Articles 31 through 33 of the Vienna
Convention on the Law of Treaties (VCLT). The fundamental rule is
that a treaty shall be interpreted in good faith in accordance with
the ordinary meaning to be given to the terms of the treaty in
their context and in the light of its object and purpose. These
rules lay the foundation for treaty interpretation. They represent
the first round of codification of the contents of some previous
customary international law rules. The book argues that the current
rules are overly simplified. After almost fifty years of
codification of the VCLT, the codified text in it is practically
insufficient in addressing some traditional treaty interpretation
issues (such as the interpretation involving time factors or
technology development) and in coping with some new development of
international law (such as the diversification and fragmentation of
international treaties) and new challenges (such as the need of
coordination between different treaties and the need of introducing
external values, including human rights, into a treaty through
treaty interpretation process). The book further argues that there
is a need to have a second round of codification so as to
incorporate new rules into the VCLT to be followed by treaty
interpreters to make treaty interpretation more consistent and
transparent, and more in line with the shared value of
international community. The book proposes the contents of certain
new rules to be considered as the new codified rules for treaty
interpretation.
This book focuses on the interaction and mutual influences between
the East and the West in terms of their legal systems and
practices. In this regard, it highlights Professor Herbert H.P.
Ma's achievements and his efforts to bring Eastern and Western
legal concepts and systems closer together. The book shows that,
while there have been convergences between different legal regimes
in many fields of law, diverse legal practices and approaches
rooted in differing cultural, social, political and philosophical
backgrounds do remain, and that these differences are not
necessarily negative elements in the contemporary legal order. By
examining different levels of the legal order, including domestic,
regional and multilateral, it goes on to argue that identifying
these diversities and addressing the interactions and mutual
influences between different regimes is a worthwhile undertaking,
not only in terms of mutual enrichment, but also with regard to
intensifying the degree of desirable coordination between different
legal systems. All chapters were written by leading experts,
practitioners and scholars from different jurisdictions with
expertise in various fields of law and different levels of the
legal order, and discuss a number of issues with particular focus
on either "one-way" or mutual influences between the Eastern and
the Western legal systems, practices and philosophies.
This book tells a story of Taiwan's transformation from an
authoritarian regime to a democratic system where human rights are
protected as required by international human rights treaties. There
were difficult times for human rights protection during the martial
law era; however, there has also been remarkable transformation
progress in human rights protection thereafter. The book reflects
the transformation in Taiwan and elaborates whether or not it is
facilitated or hampered by its Confucian tradition. There are a
number of institutional arrangements, including the Constitutional
Court, the Control Yuan, and the yet-to-be-created National Human
Rights Commission, which could play or have already played certain
key roles in human rights protections. Taiwan's voluntarily
acceptance of human rights treaties through its implementation
legislation and through the Constitutional Court's introduction of
such treaties into its constitutional interpretation are also fully
expounded in the book. Taiwan's NGOs are very active and have
played critical roles in enhancing human rights practices. In the
areas of civil and political rights, difficult human rights issues
concerning the death penalty remain unresolved. But regarding the
rights and freedoms in the spheres of personal liberty, expression,
privacy, and fair trial (including lay participation in criminal
trials), there are in-depth discussions on the respective
developments in Taiwan that readers will find interesting. In the
areas of economic, social, and cultural rights, the focuses of the
book are on the achievements as well as the problems in the
realization of the rights to health, a clean environment, adequate
housing, and food. The protections of vulnerable groups, including
indigenous people, women, LGBT (lesbian, gay, bisexual, and
transgender) individuals, the disabled, and foreigners in Taiwan,
are also the areas where Taiwan has made recognizable achievements,
but still encounters problems. The comprehensive coverage of this
book should be able to give readers a well-rounded picture of
Taiwan's human rights performance. Readers will find appealing the
story of the effort to achieve high standards of human rights
protection in a jurisdiction barred from joining international
human rights conventions. This book won the American Society of
International Law 2021 Certificate of Merit in a Specialized Area
of International Law.
With a special place among the world's important trading countries,
Taiwan presents the international practitioner with its own
particular legal issues and problems. Among the world's most
many-sourced legal systems, the law of Taiwan sustains major
elements from Chinese and Japanese sources as well as its own
indigenous and traditional rules and strong influences from both
civil and common law traditions. This convenient guide, written by
a scholar-practitioner who is both Dean of Law at the National
Taiwan University and a panelist in the World Trade Organization's
Dispute Settlement Body, is an ideal introduction and practical
handbook for anyone involved in a transaction that raises issues in
Taiwanese law. After detailed summaries of Taiwan's system of
government, its court system, sources of law, and administrative
law and procedure, the author covers practice and procedure in such
fields of legal activity as the following: contracts; torts;
consumer protection; property rights; family law; law of
succession; alternative dispute resolution; intellectual property
law; trade; government procurement; labor law; and criminal law and
procedure. International lawyers will find all the legal situations
most likely to arise in the course of transactions connected to
Taiwan covered expertly and knowledgeably in this very useful book.
It is also valuable to students and scholars for its special
insights into issues of comparative law.
Competition policy is in the process of adoption in dozens of
nations worldwide, at a time when competition laws have necessarily
become applicable to such new fields as trade, investment,
intellectual property rights, information technology, and global
consumer protection. Although vigorous enforcement - especially
across borders - remains the most serious challenge to global
success, it is also important to recognize that the established
American-European model of competition policy may not be the "right
thing" for countries with radically different cultural traditions,
especially less-developed countries. This book explores the
prospects for competition policy, its likely development, and its
ever-more-central role in the world trade regime. With this book,
interested parties may benefit from the perspectives of scholars
and policymakers representing Asia Pacific, Europe, and North and
South America. Issues investigated include: the costs of absorbing
a new technology; distinct and evolving national competition
policies and the fabric of world trade; extraterritorial
enforcement and co-operation agreements; criteria for "material
injury" in international trade rules; collusive technology transfer
barriers; the re-emergence of transnational cartels; and the
tendency of anti-dumping rules to foster cartelization. The major
competition policy issues on the international agenda - the
harmonization of national policies and international trade rules;
the integration of intellectual property rights, technology
transfer, and investment; and enforcement co-operation across
borders - are all analyzed in depth from many different angles.
This is a valuable book for practitioners, government officials,
and academics in this critical area of contemporary law and policy.
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