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Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. In this thoroughly revised and updated second edition,
Mariana Mota Prado and Michael J. Trebilcock offer a succinct and
readable introduction to the main concepts and debates in the field
of law and development. They examine the role of legal systems and
institutions, investigate perceptions around what laws and legal
arrangements encourage and facilitate development, and probe the
issues arising in both private law and public law as well as in
international economic relations. Key features of the second
edition include: Discussion of the role of technology in promoting
development Analysis of the potential impact of the Covid-19
pandemic on developing countries A brand new chapter investigating
the role of health and education in development Written with the
insight of two top experts in the field, this Advanced Introduction
covers the most recent trends in law and development research and
highlights areas that remain underexplored. It will be essential
reading for students, practitioners and policy-makers looking to
gain a clear understanding of the core principles of this
multifaceted topic.
Is Free Trade desirable? Does it primarily benefit the wealthy? And
what are its impacts on individual autonomy and human dignity?
These are some of the fundamental questions that acclaimed trade
law expert, Michael Trebilcock, sets out to answer in this pithy
and insightful journey through the past, present and future of
international trade agreements and trade policy. Exploring both the
historical and contemporary conflicts and controversies surrounding
the free trade vs fair trade debate, from the perspective of both
developed and developing countries, the book illuminates the
nuances of such issues as trade deficits, currency, subsidies,
intellectual property rights, health and safety and environmental
standards and competition policy. Navigating the Free Trade - Fair
Trade Fault-lines completes the journey by bringing us squarely
into our times with a discussion on the implications of worldwide
pandemics for international trade, and with an additional focus on
the current trade conflict between the US and China. Packed with
insight and reasoned analysis, this short but powerful book will be
an essential read for seasoned experts and newcomers alike. The
book offers thought-provoking guidance to policy makers, lawyers,
economists, scholars and anyone with a stake in the future of the
international trading system.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. In this thoroughly revised and updated second edition,
Mariana Mota Prado and Michael J. Trebilcock offer a succinct and
readable introduction to the main concepts and debates in the field
of law and development. They examine the role of legal systems and
institutions, investigate perceptions around what laws and legal
arrangements encourage and facilitate development, and probe the
issues arising in both private law and public law as well as in
international economic relations. Key features of the second
edition include: Discussion of the role of technology in promoting
development Analysis of the potential impact of the Covid-19
pandemic on developing countries A brand new chapter investigating
the role of health and education in development Written with the
insight of two top experts in the field, this Advanced Introduction
covers the most recent trends in law and development research and
highlights areas that remain underexplored. It will be essential
reading for students, practitioners and policy-makers looking to
gain a clear understanding of the core principles of this
multifaceted topic.
Is Free Trade desirable? Does it primarily benefit the wealthy? And
what are its impacts on individual autonomy and human dignity?
These are some of the fundamental questions that acclaimed trade
law expert, Michael Trebilcock, sets out to answer in this pithy
and insightful journey through the past, present and future of
international trade agreements and trade policy. Exploring both the
historical and contemporary conflicts and controversies surrounding
the free trade vs fair trade debate, from the perspective of both
developed and developing countries, the book illuminates the
nuances of such issues as trade deficits, currency, subsidies,
intellectual property rights, health and safety and environmental
standards and competition policy. Navigating the Free Trade - Fair
Trade Fault-lines completes the journey by bringing us squarely
into our times with a discussion on the implications of worldwide
pandemics for international trade, and with an additional focus on
the current trade conflict between the US and China. Packed with
insight and reasoned analysis, this short but powerful book will be
an essential read for seasoned experts and newcomers alike. The
book offers thought-provoking guidance to policy makers, lawyers,
economists, scholars and anyone with a stake in the future of the
international trading system.
Written by two leading scholars with 60 years of collective
experience in the area, this insightful and updated second edition
provides a clear and concise introduction to the fundamental
components of international trade law, presenting the basic
structure and principles of this complex area of law, alongside
elucidation of specific GATT and WTO legal rules and institutions.
Key features include: a nuanced yet highly readable summary of the
area placement of trade law into historical, political and economic
contexts, including new analysis of populist critiques references
to the most recent cases, decisions, treaty negotiation
developments and economic and legal scholarship analysis of new
areas including digital trade, migration and security exceptions to
alert students to developments in international trade law links and
connections between different areas of trade law to provide
students with an integrated overview of the topic.
Interdisciplinary in nature, this second edition will be an
indispensable guide for students in law, economics, political
science and international relations. Comprehensive and accessible,
it will be essential reading for non-specialist scholars and policy
advisors seeking to further their understanding of international
trade law. 'This Advanced Introduction provides an excellent
succinct yet accurate summary of the international trade rules
applicable, inter alia, to trade in goods, services, intellectual
property, and investment. It also explores international standards,
social issues such as development, environment, labour, human
rights, and it addresses the institutional framework and the future
of the world trading system. As an experienced practitioner in this
field, I highly recommend this book to government officials,
business people, and students who will all get a clear
interdisciplinary tour d'horizon in the field of international
trade.' - Gabrielle Marceau, University of Geneva, Switzerland and
Senior Counsellor at the WTO
Congratulations on an outstanding book on the WTO TBT Agreement!
International regulations and standards reflect societies'
fundamental choices. Regulating and monitoring them is complex, and
the renowned co-authors of this book have well understood the
multi-faceted matters at stake. In this book, world experts have
seized a unique opportunity provided by the wealth of recent TBT
jurisprudence to analyse the different dimensions of the TBT
Agreement, a WTO agreement little discussed up to now. WTO experts
as well as anyone interested in the reach of WTO law into the
balance between national sovereignty and the need for international
co-operation must read this book.' - Gabrielle Marceau, WTO, Legal
Affairs Division, UNIGE and Graduate Institute, Geneva,
SwitzerlandA relatively new frontier for legal and policy analysis,
technical barriers to trade (TBT's) have become more common as
traditional border barriers have been reduced. This comprehensive
Handbook comprises original essays by eminent trade scholars
exploring the implications of the WTO's TBT Agreement. The TBT
Agreement imposes disciplines on the manner in which WTO member
countries adopt and maintain technical measures, recognizing the
importance of such measures to advance legitimate domestic policy
goals such as health, safety and environmental objectives, but also
the potential for technical measures to constitute barriers to
trade. The contributors to this volume provide an in-depth
examination of the text of the Agreement and how the WTO's dispute
settlement system, the TBT Committee, WTO members, and other
international organizations have engaged with and been affected by
it. The book's comprehensive and accessible approach makes it a
first point of reference for all trade law practitioners,
policymakers and regulators. For scholars and students, the
Handbook will prove essential reading for a deeper understanding of
trade law. Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H.
Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B.
Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A.
Mitchell, D. Prevost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T.
Voon, M. Wagner, E.N. Wijkstroem
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This book offers a concise and accessible introduction to
the main themes and debates in the field of law and development. It
unpacks the role of legal systems and institutions, and
investigates what kinds of law and legal arrangements are perceived
(correctly or not) to encourage and facilitate development.
Starting with a clear and readable overview of the key concepts and
theories of development, the authors probe the issues which arise
in both private law and public law as well as in international
economic relations. The book also brings in key debates relating to
politics and identity - especially highlighting gender and
development as a topic that poses some of the biggest challenges
for institutional conceptions of development. Written with the
insight of two experts in the field, this unique book covers the
most recent trends in law and development research and points out
key topics that remain underexplored. It will be essential reading
for students, practitioners and policy-makers needing to quickly
gain an understanding of the core principles of this multi-faceted
topic.
This important book addresses a number of key issues regarding the
relationship between the rule of law and development. It presents a
deep and insightful inquiry into the current orthodoxy that the
rule of law is the panacea for the world's problems. The authors
chart the precarious progress of law reforms both in overall terms
and in specific policy areas such as the judiciary, the police, tax
administration and access to justice, among others. They accept
that the rule of law is necessarily tied to the success of
development, although they propose a set of procedural values to
enlighten this institutional approach. The authors also recognize
that states face difficulties in implementing this institutional
structures and identify the probable impediments, before proposing
a rethink of law reform strategies and offering some conclusions
about the role of the international community in the rule of law
reform. Reviewing the progress in the rule of law reform in
developing countries, specifically four regions - Latin America,
Africa, Central and Eastern Europe, and Asia - this book makes a
significant contribution to the literature. It will be of great
interest to scholars and advanced students, as well as
practitioners in the field, including international and bilateral
aid agencies working on rule of law reform projects, and
international and regional non-governmental organizations (NGOs)
that focus on rule of law reform as a major aspect of their
mandate.
Institutional bypass is a reform strategy that creates alternative
institutional regimes to give citizens a choice of service provider
and create a form of competition between the dominant institution
and the institutional bypass. While novel in the academic
literature, the concept captures practices already being used in
developing countries. In this illuminating book, Mariana Mota Prado
and Michael J. Trebilcock explore the strengths and limits of this
strategy with detailed case studies, showing how citizen
preferences provide a benchmark against which future reform
initiatives can be evaluated, and in this way change the dynamics
of the reform process. While not a 'silver bullet' to the challenge
of institutional reform, institutional bypasses add to the
portfolio of strategies to promote development. This work should be
read by development researchers, scholars, policymakers, and anyone
else seeking options on how to promote change and implement reforms
in developing countries around the world.
Written by two leading scholars with 60 years of collective
experience in the area, this insightful and updated second edition
provides a clear and concise introduction to the fundamental
components of international trade law, presenting the basic
structure and principles of this complex area of law, alongside
elucidation of specific GATT and WTO legal rules and institutions.
Key features include: a nuanced yet highly readable summary of the
area placement of trade law into historical, political and economic
contexts, including new analysis of populist critiques references
to the most recent cases, decisions, treaty negotiation
developments and economic and legal scholarship analysis of new
areas including digital trade, migration and security exceptions to
alert students to developments in international trade law links and
connections between different areas of trade law to provide
students with an integrated overview of the topic.
Interdisciplinary in nature, this second edition will be an
indispensable guide for students in law, economics, political
science and international relations. Comprehensive and accessible,
it will be essential reading for non-specialist scholars and policy
advisors seeking to further their understanding of international
trade law. 'This Advanced Introduction provides an excellent
succinct yet accurate summary of the international trade rules
applicable, inter alia, to trade in goods, services, intellectual
property, and investment. It also explores international standards,
social issues such as development, environment, labour, human
rights, and it addresses the institutional framework and the future
of the world trading system. As an experienced practitioner in this
field, I highly recommend this book to government officials,
business people, and students who will all get a clear
interdisciplinary tour d'horizon in the field of international
trade.' - Gabrielle Marceau, University of Geneva, Switzerland and
Senior Counsellor at the WTO
This important book addresses a number of key issues regarding the
relationship between the rule of law and development. It presents a
deep and insightful inquiry into the current orthodoxy that the
rule of law is the panacea for the world's problems. The authors
chart the precarious progress of law reforms both in overall terms
and in specific policy areas such as the judiciary, the police, tax
administration and access to justice, among others. They accept
that the rule of law is necessarily tied to the success of
development, although they propose a set of procedural values to
enlighten this institutional approach. The authors also recognize
that states face difficulties in implementing this institutional
structures and identify the probable impediments, before proposing
a rethink of law reform strategies and offering some conclusions
about the role of the international community in the rule of law
reform. Reviewing the progress in the rule of law reform in
developing countries, specifically four regions - Latin America,
Africa, Central and Eastern Europe, and Asia - this book makes a
significant contribution to the literature. It will be of great
interest to scholars and advanced students, as well as
practitioners in the field, including international and bilateral
aid agencies working on rule of law reform projects, and
international and regional non-governmental organizations (NGOs)
that focus on rule of law reform as a major aspect of their
mandate.
This important book focuses on the idea that institutions matter
for development, asking what lessons we have learned from past
reform efforts, and what role lawyers can play in this field. What
Makes Poor Countries Poor? provides a critical overview of
different conceptions and theories of development, situating
institutional theories within the larger academic debate on
development. The book also discusses why, whether and how
institutions matter in different fields of development. In the
domestic sphere, the authors answer these questions by analyzing
institutional reforms in the public (rule of law, political
regimes, bureaucracy) and the private sectors (contracts, property
rights, and privatization). In the international sphere, they
discuss the importance of institutions for trade, foreign direct
investment, and foreign aid. This book will be essential reading
for those interested in a concise introduction to the academic
debates in this field, as well as for students, practitioners and
policy makers in law and development.
An important read for academics and policy-makers alike, Hard
Choices, Soft Law asserts that voluntary standards, or 'soft' law,
are an important supplement to international law in a number of
areas. This key work firstly outlines the approach taken to
combining soft and hard law and trade, environment and labour
values in the WTO and NAFTA, and in the prospective Millennium
Round. Then, using the forestry sector - a realm where formal
international law remains largely absent - the book provides a
detailed examination of the role of soft law in action. It
demonstrates how soft and hard law can be combined to promote
trade, environmental and social cohesion, in ways that also permit
sustainable development. The book presents a wealth of knowledge
from a range of contributors familiar with the work of the G7/G8,
the OECD, the Biodiversity Convention and the Codex Alimentarius.
This important book focuses on the idea that institutions matter
for development, asking what lessons we have learned from past
reform efforts, and what role lawyers can play in this field. What
Makes Poor Countries Poor? provides a critical overview of
different conceptions and theories of development, situating
institutional theories within the larger academic debate on
development. The book also discusses why, whether and how
institutions matter in different fields of development. In the
domestic sphere, the authors answer these questions by analyzing
institutional reforms in the public (rule of law, political
regimes, bureaucracy) and the private sectors (contracts, property
rights, and privatization). In the international sphere, they
discuss the importance of institutions for trade, foreign direct
investment, and foreign aid. This book will be essential reading
for those interested in a concise introduction to the academic
debates in this field, as well as for students, practitioners and
policy makers in law and development.
This book offers a comprehensive and comparative analysis of social
welfare policy in an international context, with a particular
emphasis on the US and Canada. The authors investigate the claim
that a decentralized delivery of government supported goods and
services enables policy objectives to be achieved in a more
innovative, efficient and cheaper way. They also examine the
effectiveness of the voucher system as a solution to problematic
welfare concerns.
The voucher system which includes all forms of government subsidy,
whether in the form of tax deductions, credits or means-tested
consumer entitlements, places the resources directly into the hands
of citizens and allows them, rather than a government agent, to
determine which goods they will consume from competing private
suppliers. While this system has shown much promise in improving
welfare, there have been problems for institutions unable to
attract enough voucher-assisted consumers to ensure their survival.
In this context the authors examine major social programs such as
food stamps, low-income housing, legal aid, health care, early
childhood education, primary and secondary education,
post-secondary education and job training and other active labor
market policies. This book will be of interest to students of
comparative politics, social policy and economics.
This book offers a comprehensive and comparative analysis of social
welfare policy in an international context, with a particular
emphasis on the US and Canada. The authors investigate the claim
that a decentralized delivery of government supported goods and
services enables policy objectives to be achieved in a more
innovative, efficient and cheaper way. They also examine the
effectiveness of the voucher system as a solution to problematic
welfare concerns.
The voucher system which includes all forms of government subsidy,
whether in the form of tax deductions, credits or means-tested
consumer entitlements, places the resources directly into the hands
of citizens and allows them, rather than a government agent, to
determine which goods they will consume from competing private
suppliers. While this system has shown much promise in improving
welfare, there have been problems for institutions unable to
attract enough voucher-assisted consumers to ensure their survival.
In this context the authors examine major social programs such as
food stamps, low-income housing, legal aid, health care, early
childhood education, primary and secondary education,
post-secondary education and job training and other active labor
market policies. This book will be of interest to students of
comparative politics, social policy and economics.
An important read for academics and policy-makers alike, Hard
Choices, Soft Law asserts that voluntary standards, or 'soft' law,
are an important supplement to international law in a number of
areas. This key work firstly outlines the approach taken to
combining soft and hard law and trade, environment and labour
values in the WTO and NAFTA, and in the prospective Millennium
Round. Then, using the forestry sector - a realm where formal
international law remains largely absent - the book provides a
detailed examination of the role of soft law in action. It
demonstrates how soft and hard law can be combined to promote
trade, environmental and social cohesion, in ways that also permit
sustainable development. The book presents a wealth of knowledge
from a range of contributors familiar with the work of the G7/G8,
the OECD, the Biodiversity Convention and the Codex Alimentarius.
Congratulations on an outstanding book on the WTO TBT Agreement!
International regulations and standards reflect societies'
fundamental choices. Regulating and monitoring them is complex, and
the renowned co-authors of this book have well understood the
multi-faceted matters at stake. In this book, world experts have
seized a unique opportunity provided by the wealth of recent TBT
jurisprudence to analyse the different dimensions of the TBT
Agreement, a WTO agreement little discussed up to now. WTO experts
as well as anyone interested in the reach of WTO law into the
balance between national sovereignty and the need for international
co-operation must read this book.' - Gabrielle Marceau, WTO, Legal
Affairs Division, UNIGE and Graduate Institute, Geneva,
SwitzerlandA relatively new frontier for legal and policy analysis,
technical barriers to trade (TBT's) have become more common as
traditional border barriers have been reduced. This comprehensive
Handbook comprises original essays by eminent trade scholars
exploring the implications of the WTO's TBT Agreement. The TBT
Agreement imposes disciplines on the manner in which WTO member
countries adopt and maintain technical measures, recognizing the
importance of such measures to advance legitimate domestic policy
goals such as health, safety and environmental objectives, but also
the potential for technical measures to constitute barriers to
trade. The contributors to this volume provide an in-depth
examination of the text of the Agreement and how the WTO's dispute
settlement system, the TBT Committee, WTO members, and other
international organizations have engaged with and been affected by
it. The book's comprehensive and accessible approach makes it a
first point of reference for all trade law practitioners,
policymakers and regulators. For scholars and students, the
Handbook will prove essential reading for a deeper understanding of
trade law. Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H.
Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B.
Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A.
Mitchell, D. Prevost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T.
Voon, M. Wagner, E.N. Wijkstroem
Institutional bypass is a reform strategy that creates alternative
institutional regimes to give citizens a choice of service provider
and create a form of competition between the dominant institution
and the institutional bypass. While novel in the academic
literature, the concept captures practices already being used in
developing countries. In this illuminating book, Mariana Mota Prado
and Michael J. Trebilcock explore the strengths and limits of this
strategy with detailed case studies, showing how citizen
preferences provide a benchmark against which future reform
initiatives can be evaluated, and in this way change the dynamics
of the reform process. While not a 'silver bullet' to the challenge
of institutional reform, institutional bypasses add to the
portfolio of strategies to promote development. This work should be
read by development researchers, scholars, policymakers, and anyone
else seeking options on how to promote change and implement reforms
in developing countries around the world.
An internationally renowned scholar of law and economics, Michael
J. Trebilcock has spent over fifty years teaching and researching
at the intersection between ideas, interests, and institutions. In
Public Inquiries, Trebilcock reflects on his extensive experiences
and sheds light on the role of scholars in engaging with the
Canadian public policy-making process. Drawing on a number of case
studies, Public Inquiries gives an informed overview of the role of
ideas and interests in shaping the policy-making process.
Trebilcock takes readers through his personal experiences and what
he has learned throughout his career. He puts forward general
lessons about the public policy-making process and reform in areas
including consumer protection, competition policy, trade policy,
electricity reform, and legal aid. By showing that not all
experiences have been triumphant, and that disappointments can be
as revealing as successes, Trebilcock draws out personal lessons
and insights with a view to improving the structure and
effectiveness of public inquiries.
Occupational licensure, including regulation of the professions,
dates back to the medieval period. While the guilds that performed
this regulatory function have long since vanished, professional
regulation continues to this day. For instance, in the United
States, 22 per cent of American workers must hold licenses simply
to do their jobs. While long-established professions have more
settled regulatory paradigms, the case studies in Paradoxes of
Professional Regulation explore other professions, taking note of
incompetent services and the serious risks they pose to the
physical, mental, or emotional health, financial well-being, or
legal status of uninformed consumers. Michael J. Trebilcock
examines five case studies of the regulation of diverse
professions, including alternative medicine, mental health care
provision, financial planning, immigration consulting, and legal
services. Noting the widely divergent approaches to the regulation
of the same professions across different jurisdictions - paradoxes
of professional regulation - the book is an attempt to develop a
set of regulatory principles for the future. In its comparative
approach, Paradoxes of Professional Regulation gets at the heart of
the tensions influencing the regulatory landscape, and works toward
practical lessons for bringing greater coherence to the way in
which professions are regulated.
Whenever governments change policies-tax, expenditure, or
regulatory policies, among others-there will typically be losers:
people or groups who relied upon and invested in physical,
financial, or human capital predicated on, or even deliberately
induced by the pre-reform set of policies. The issue of whether and
when to mitigate the costs associated with policy changes, either
through explicit government compensation, grandfathering, phased or
postponed implementation, is ubiquitous across the policy
landscape. Much of the existing literature covers government
takings, yet compensation for expropriation comprises merely a tiny
part of the universe of such strategies. Dealing with Losers: The
Political Economy of Policy Transitions explores both normative and
political rationales for transition cost mitigation strategies and
explains which strategies might create an aggregate, overall
enhancement in societal welfare beyond mere compensation. Professor
Michael J. Trebilcock highlights the political rationales for
mitigating such costs and the ability of potential losers to
mobilize and obstruct socially beneficial changes in the absence of
well-crafted transition cost mitigation strategies. This book
explores the political economy of transition cost mitigation
strategies in a wide variety of policy contexts including public
pensions, U.S. home mortgage interest deductions, immigration,
trade liberalization, agricultural supply management, and climate
change, providing tested examples and realistic strategies for
genuine policy reform.
Our legal system is committed to the idea that private markets
and the law of contracts that supports them are the primary
institutions for allocating goods and services in a modern economy.
Yet the market paradigm, this book argues, leaves substantial room
for challenge. For example, should people be permitted to buy and
sell blood, bodily organs, surrogate babies, or sexual favors? Is
it fair to allow people with limited knowledge about a transaction
and its consequences to enter into it without guidance from
experts?
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