The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

This book contains a selection of essays and articles by John H. Jackson previously published over four decades and collected together into one volume. Each article has been selected for its continued relevance to contemporary issues in international trade. Particular attention has been given to making available articles which have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. In selecting and grouping these writings into six thematic parts, the author has written a short introduction to each part for this book. These range from the origin of the GATT through to the Uruguay round of trade negotiations and the WTO. An important compendium from a globally recognized scholar which must become an indispensable purchase for all concerned with international trade policy issues.

The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

This book contains a selection of essays and articles by John H. Jackson previously published over four decades and now collected together into one volume. Each article has been selected for its continued timeliness and relevance to contemporary issues in international trade. Particular attention has been given to making available articles that have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. An indispensable addition to every international trade library.

The importance of the issues raised by the WTO Agreement cannot be over-estimated. The completion of the Uruguay Round of negotiations has resulted in the creation of international agreements which themselves raise issues of great difficulty and importance in legal terms--issues of practical importance for international trade in goods and services and for the entire field of Intellectual Property Rights. This book examines the implementation of the GATT agreement, and its national and international legal and constitutional ramifications.

The early twenty-first century has seen a conspicuous absence of formal international law concerning money and finance. This book argues that this lack of formal international regulation was a significant contributing factor to the global financial crisis that began in 2007. It focuses on this lack of global substantive principles and 'hard law' rules in the field of financial regulation and monetary affairs, and analyses the emerging framework within international law that aims to govern financial institutions and markets. The global financial crisis has demonstrated the essential need for financial and monetary regulatory reform, and for the establishment of appropriate mechanisms for the settlement of financial disputes and for the regulation of cross-border financial institutions. This book therefore presents the foundations of solutions that could fill these critical gaps in international financial law. It addresses cross-border issues, financial regulation, and provides detailed analyses of monetary policies and regulation. This book is an updated collection of papers first published in the Special Edition of the Journal of International Economic Law on 'The Quest for International Law in Financial Regulation and Monetary Affairs' (Volume 12, Number 3, September 2010), which also show that the regulatory hands-off approach was not replicated in other areas of international economic law. International trade regulation witnessed an increased number of international rules and the reinforcement of a rule-oriented, if not rule-based, approach. Judicial dispute settlement and retaliation, exclusively based upon international ruling and authorization, was reinforced. Given the importance of trade regulation and WTO law, which has an established institutional and legal framework, the book therefore provides a much-needed comparative approach.

The volume focuses on five cases, all of which remain cornerstone trade-environment cases of the WTO. The subject matter of these cases reflects five basic issues in the clash between trade and the environment: public health, air pollution/ozone depletion, food safety, destruction of endangered species, and biosafety. These five issues surface dramatically in international disputes over tobacco, reformulated gasoline, beef growth hormones, commercial fishing methods, and genetically modified organisms. In the second edition of this book, Nathalie Bernasconi-Osterwalder joins the original editors to update and contextualize the five case studies in new introductions to each section. These introductions provide an overview of developments since the first edition, including subsequent related cases. The second edition also includes updated bibliographic materials. In their penetrating analyses of these cases and their vast implications, the authors take into account the entire disciplines of both trade law and environmental law, noting especially the points of friction between the multilateral instruments in each field and the developing jurisprudence of the WTO Dispute Settlement with regard to the exceptions specified in Article XX of the GATT. The articulated standpoints of all parties governments and NGOs on both sides of the controversy are probed for "agendas," whether stated or unstated. No one involved in international trade or environmental activism can afford to ignore this vital publication. The information it provides (on WTO jurisprudence, on current and pending environmental initiatives, on the science behind the disputes), no less than the fresh and convincing analysis it holds forth, make it an essential tool for understanding some of the most crucial issues in international law today.