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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 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.
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 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.
This book focuses on the rules-based multilateral trading system
established by the World Trade Organization, with particular
emphasis given to the rich and detailed jurisprudence developed by
the WTO's Appellate Body. The book also devotes considerable
attention to national laws operating in the shadow of the WTO
system (such as antidumping and countervailing duty laws), and to
interesting new developments associated with free trade agreements
such as the USMCA. After introductory chapters on international
economics, international law, and US constitutional and
institutional issues relating to international trade regulation,
the book explores the WTO's structure and takes a detailed look at
its dispute settlement system. The heart of the book then treats
the basic GATT rules on (i) trade liberalization (tariffs and
quotas), (ii) non-discrimination (MFN and national treatment and
the exceptions for FTAs, health and conservation), (iii) standards
and (iv) trade remedies (safeguards, dumping and subsidies).
Additional chapters cover trade in services, intellectual property
issues and several other trade-related issues. The new 7th edition
offers a basic understanding of the international economic system,
the impact of international economic interdependence and the
struggle of legal institutions to cope with this and other aspects
of globalization.
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