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This book provides readers with a unique opportunity to explore how
the international economic legal order (IELO) may look in a
post-WTO world. The substance of this book presupposes (whether
correct or not) that the WTO either: (a) Stagnates into the
foreseeable future (Doha withers, no new Rounds, at best minor
amendments, little new jurisprudence, effective collapse of the
DSB); or (b) Falls apart completely. While neither is desirable,
the book underlines that it must be conceded that neither is
inconceivable. The collapse of the Soviet Union tells us that
anything is possible (in 1986 no one foresaw the end of the Cold
War - clearly it was a much more significant event than would be
the case for the demise of the WTO and the current international
economic legal order (IELO)). Similarly, just a year or two before
Brexit or the election of US President Donald Trump, no one foresaw
those two eventualities. Consequently, a worst-case scenario for
the future of the WTO cannot be ignored - rather, it must be
explored, as has been done in this book. Indeed, despite most IEL
academics' commitment to multilateralism and specifically to a
vibrant and dynamic WTO, academics in the field are now beginning
to seriously discuss what a post-WTO world could look like (and it
was the project behind this book that first launched those
discussions). Accordingly, this examination of the post-WTO world
will be of great value to practitioners, governmental and
international officials and scholars in the IELO. This is
particularly so in an era of increasingly rapid change, during
which legal scholarship must also address the future if it wants to
contribute creative solutions to the resolution and management of
the many serious contemporary problems facing our field.
This book provides readers with a unique opportunity to explore how
the international economic legal order (IELO) may look in a
post-WTO world. The substance of this book presupposes (whether
correct or not) that the WTO either: (a) Stagnates into the
foreseeable future (Doha withers, no new Rounds, at best minor
amendments, little new jurisprudence, effective collapse of the
DSB); or (b) Falls apart completely. While neither is desirable,
the book underlines that it must be conceded that neither is
inconceivable. The collapse of the Soviet Union tells us that
anything is possible (in 1986 no one foresaw the end of the Cold
War - clearly it was a much more significant event than would be
the case for the demise of the WTO and the current international
economic legal order (IELO)). Similarly, just a year or two before
Brexit or the election of US President Donald Trump, no one foresaw
those two eventualities. Consequently, a worst-case scenario for
the future of the WTO cannot be ignored - rather, it must be
explored, as has been done in this book. Indeed, despite most IEL
academics' commitment to multilateralism and specifically to a
vibrant and dynamic WTO, academics in the field are now beginning
to seriously discuss what a post-WTO world could look like (and it
was the project behind this book that first launched those
discussions). Accordingly, this examination of the post-WTO world
will be of great value to practitioners, governmental and
international officials and scholars in the IELO. This is
particularly so in an era of increasingly rapid change, during
which legal scholarship must also address the future if it wants to
contribute creative solutions to the resolution and management of
the many serious contemporary problems facing our field.
This book shows the surprising dynamism of the field of civil
procedure through its examination of a cross section of recent
developments within civil procedure from around the world. It
explores the field through specific approaches to its study, within
specific legal systems, and within discrete sub-fields of civil
procedure. The book reflects the latest research and conveys the
dynamism and innovations of modern civil procedure - by field,
method and system. The book's introductory chapters lay the
groundwork for researchers to appreciate the flux and change within
the field. The concluding chapters bring the many different
identified innovations and developments together to show the
field's ability to adapt to modern circumstances, while retaining
its coherence even across different legal systems, traditions,
fields and analytic approaches. Specifically, in this book the
presence of dynamism is explored in the legal systems of the EU,
France, the US, Brazil, Australia, the UK and China. So too that
dynamism is explored in the contributions' analyses and discussions
of the changes or need for change of specific aspects of civil
procedure including litigation costs, class actions, derivative
actions, pleadings, and res judicata. Furthermore, most of the
individual contributions may be considered to be comparative
analyses of their respective subjects and, when considered as a
whole, the book presents the dynamism of civil procedure in
comparative perspective. Those discrete and aggregated comparative
analyses permit us to better understand the dynamism in civil
procedure - for change in the abstract can be less visible and its
significance and impact less evident. While similar conclusions may
have been drawn through examinations in isolation, employing
comparative analytic methods provided a richer analysis and any
identified need for change is correspondingly advanced through
comparative analysis. Furthermore, if that analysis leads to a
conclusion that change is necessary then comparative law may
provide pertinent examples for such change - as well as
methodologies for successfully transplanting any such changes. In
other words, as this book so well reflects, comparative law may
itself usefully contribute to dynamism in civil procedure. This has
long been a raison d'etre of comparative law and, as clear from
this book's contributions, in this particular time and field of
study we find that it is very likely to achieve its lofty promise.
This book shows the surprising dynamism of the field of civil
procedure through its examination of a cross section of recent
developments within civil procedure from around the world. It
explores the field through specific approaches to its study, within
specific legal systems, and within discrete sub-fields of civil
procedure. The book reflects the latest research and conveys the
dynamism and innovations of modern civil procedure - by field,
method and system. The book's introductory chapters lay the
groundwork for researchers to appreciate the flux and change within
the field. The concluding chapters bring the many different
identified innovations and developments together to show the
field's ability to adapt to modern circumstances, while retaining
its coherence even across different legal systems, traditions,
fields and analytic approaches. Specifically, in this book the
presence of dynamism is explored in the legal systems of the EU,
France, the US, Brazil, Australia, the UK and China. So too that
dynamism is explored in the contributions' analyses and discussions
of the changes or need for change of specific aspects of civil
procedure including litigation costs, class actions, derivative
actions, pleadings, and res judicata. Furthermore, most of the
individual contributions may be considered to be comparative
analyses of their respective subjects and, when considered as a
whole, the book presents the dynamism of civil procedure in
comparative perspective. Those discrete and aggregated comparative
analyses permit us to better understand the dynamism in civil
procedure - for change in the abstract can be less visible and its
significance and impact less evident. While similar conclusions may
have been drawn through examinations in isolation, employing
comparative analytic methods provided a richer analysis and any
identified need for change is correspondingly advanced through
comparative analysis. Furthermore, if that analysis leads to a
conclusion that change is necessary then comparative law may
provide pertinent examples for such change - as well as
methodologies for successfully transplanting any such changes. In
other words, as this book so well reflects, comparative law may
itself usefully contribute to dynamism in civil procedure. This has
long been a raison d'etre of comparative law and, as clear from
this book's contributions, in this particular time and field of
study we find that it is very likely to achieve its lofty promise.
The enormous economic power of the People's Republic of China makes
it one of the most important actors in the international system.
Since China's accession to the World Trade Organization in 2001,
all fields of international economic law have been impacted by
greater Chinese participation. Now, just over one decade later, the
question remains as to whether China's unique characteristics make
its engagement fundamentally different from that of other players.
In this volume, well-known scholars from outside China consider the
country's approach to international economic law. In addition to
the usual foci of trade and investment, the authors also consider
monetary law, finance, competition law, and intellectual property.
What emerges is a rare portrait of China's strategy across the full
spectrum of international economic activity.
The enormous economic power of the People's Republic of China makes
it one of the most important actors in the international system.
Since China's accession to the World Trade Organization in 2001,
all fields of international economic law have been impacted by
greater Chinese participation. Now, just over one decade later, the
question remains as to whether China's unique characteristics make
its engagement fundamentally different from that of other players.
In this volume, well-known scholars from outside China consider the
country's approach to international economic law. In addition to
the usual foci of trade and investment, the authors also consider
monetary law, finance, competition law, and intellectual property.
What emerges is a rare portrait of China's strategy across the full
spectrum of international economic activity.
This new edition includes some significant revisions since the last
edition was published in 2007. In addition to updating the
materials to take into account developments in the law in the
examined jurisdictions, the new edition also places discussion of
the relevant regional law, for the most part European Union and
Council of Europe law, within the examinations of the specific
legal systems themselves (more accurately reflecting the realities
of operating within those systems). In addition, there are updates
and addition to the in-depth chapters focusing on discrete
comparative problems and exercises.
This nutshell offers a general introduction to comparative law that
includes both an overview of the methods of comparative law as well
as of the two most widespread legal traditions in the world: civil
(or Romano-Germanic) law and common law. For both legal traditions,
this expert discussion covers their history; legal structures,
including constitutional systems, courts, and judicial review; the
roles of central legal actors, including lawyers, judges, and
scholars; an overview of civil and criminal procedure; the
principal sources of law and divisions of substantive law; and the
judicial process. Throughout, the discussion also includes
references to the place and the importance of supranational law and
institutions and their impact on the civil law and common law
traditions in Europe.
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