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The Encyclopedia is the definitive reference work on international
economic law. This comprehensive resource helps redefine the field
by presenting international economic law in its broadest,
real-world context. Organized thematically rather than
alphabetically, the subject is split into four principal sections:
the foundations and architecture of international economic law, its
principles, its main regulatory areas, and the future challenges
that it faces. Comprising over 250 entries written by leading
scholars and practitioners, traditional international economic law
subject matter is supplemented by coverage of newly developing
areas. Thus, the concepts and rules of trade, investment, finance
and international tax law are found alongside entries discussing
the relationship of international economic law with environmental
protection, social standards, development, and human rights. The
concise entries present an accessible and condensed overview of
each topic within its legal context. Contributors offer insight
into how institutions interact with each other and other legal
systems, in addition to providing individual overviews of their
history, structure, principles and procedures. Selected references
follow each entry, suggesting directions for further detailed
exploration of the topic. This Encyclopedia is an invaluable
resource for both practitioners and academics. It acts as a handy
reference to all areas of international economic law, and provides
the ideal starting point for any research journey. Key features:
valuable reference tool for scholars, students and practitioners
organised thematically, covering newly developing areas of
international economic law concise, structured entries from the top
experts in the field selected references for further study.
The Common Concern of Humankind today is central to efforts to
bring about enhanced international cooperation in fields including,
but not limited to, climate change. This book explores the
expression's potential as a future legal principle. It sets out the
origins of Common Concern, its differences to other common interest
legal principles, and expounds the potential normative structure
and effects of the principle, applying an approach of carrots and
sticks in realizing goals defined as a Common Concern. Individual
chapters test the principle in different legal fields, including
climate technology diffusion, marine plastic pollution, human
rights enforcement, economic inequality, migration, and monetary
and financial stability. They confirm that basic obligations under
the principle of 'Common Concern of Humankind' comprise not only
that of international cooperation and duties to negotiate, but also
of unilateral duties to act to enhance the potential of public
international law to produce appropriate public goods.
This book discusses the means, instruments and institutions needed
to create incentives to promote the conservation and sustainable
use of traditional knowledge and plant genetic resources for food
and agriculture, within the framework of the world trade order. It
analyzes in depth the option to create specific sui generis
intellectual property rights of the TRIPS Agreement. It then
discusses the ways to support the maintenance of information which
cannot be allocated to specific authors, and examines alternative
concepts within the trade of traditionally generated information
and related products.
While the WTO agreements do not regulate the use of biotechnology
per se, their rules can have a profound impact on the use of the
technology for both commercial and non-commercial purposes. This
book seeks to identify the challenges to international trade
regulation that arise from biotechnology. The contributions examine
whether existing international obligations of WTO Members are
appropriate to deal with the issues arising for the use of
biotechnology and whether there is a need for new international
legal instruments, including a potential WTO Agreement on
Biotechnology. They combine various perspectives on and topics
relating to genetic engineering and trade, including human rights
and gender; intellectual property rights; traditional knowledge and
access and benefit sharing; food security, trade and agricultural
production and food safety; and medical research, cloning and
international trade.
The aims of the authors in this work are to identify the interfaces
between traditional and modern 'strategic' means of industrial
property management,and to offer an interchange of ideas between
experts from a variety of backgrounds. Each of the parts of this
book are concerned with the latest thinking in areas where
'strategic' thinking about industrial property is now most
apparent. Key topics discussed include industrial property
protection in the USA, Japan, Europe and Developing Countries,
selected financial aspects of industrial property, industrial
property rights in the context of Antitrust legislation, strategies
for dispute settlement in industrial property, and the ethical and
ecological aspects of industrial property rights. Contributors: W.
Dexter Brooks, Thomas Cueni, Carlos A. Primo Braga, Dirk Kruger,
Harry C Sigman, David J Gerber, Valentine Korah, Marshall C. Phelps
Jr, Robert Goldscheider, Nicholas P. Malatestinic, Adrian Otten,
Melvin Sharp, Anil K Gupta, Klaus M Leisinger, Joseph D. Ben-Dak.
The Common Concern of Humankind today is central to efforts to
bring about enhanced international cooperation in fields including,
but not limited to, climate change. This book explores the
expression's potential as a future legal principle. It sets out the
origins of Common Concern, its differences to other common interest
legal principles, and expounds the potential normative structure
and effects of the principle, applying an approach of carrots and
sticks in realizing goals defined as a Common Concern. Individual
chapters test the principle in different legal fields, including
climate technology diffusion, marine plastic pollution, human
rights enforcement, economic inequality, migration, and monetary
and financial stability. They confirm that basic obligations under
the principle of 'Common Concern of Humankind' comprise not only
that of international cooperation and duties to negotiate, but also
of unilateral duties to act to enhance the potential of public
international law to produce appropriate public goods.
Cross-border trade in electricity is rapidly expanding as a result
of technical innovations, economic and geopolitical developments,
and the ongoing decarbonisation of the electricity sector in
response to climate change. The expansion of electricity networks
and the integration of increasing shares of renewable energy (RE)
electricity into the grid have made long-distance electricity flows
both feasible and desirable. Drawing on the work of experts in
trade and energy law and policy, and offering novel,
multidisciplinary perspectives on the rapidly evolving landscape
shaping international trade in electricity, this book examines the
most important challenges - technical, economic, legal and
policy-related - posed by long-distance and sustainable electricity
trade. The book explores the regulatory implications of the policy
instruments aimed at supporting RE electricity and considers how
best to promote greater overall coherence in international
electricity governance.
The development of new digital technologies has resulted in
significant transformations in daily life, from the arrival of
online shopping to more fundamental changes in the ways we work and
communicate. Many of these changes raise questions that transcend
market access and liberalisation, and demand cooperation and
coherent regulatory design. International trade regulation has
hitherto not reacted in a forward-looking manner to the digital
revolution and, particularly at the multilateral level, legal
engineering has yielded few tangible results. This book examines
whether WTO laws possess the necessary flexibility and resilience
to accommodate the changes brought about by burgeoning digital
trade. By revealing both the potential and the limitations of the
WTO framework, it provides a broad picture of the interaction
between digital technologies and trade regulation, links the often
disconnected discourses of international trade law, intellectual
property and cyberlaw and explores discrete problems in different
domains of global trade regulation.
Like many other international organizations, the World Trade
Organization stands at a crossroads. There is an obvious imbalance
between the organization's dispute settlement arm and its
negotiation platform. While its current rules, supported by a
strong dispute settlement system, have provided some buffering
against the negative effects of the financial crises, its
negotiation machinery has not produced any substantial outcomes
since the late 1990s. It has become obvious that the old way of
doing business does not work any more and fresh ideas about
governing the organization are needed. Based on rigorous
scholarship, this volume of essays offers critical readings on the
functioning of the system and provides policy-relevant ideas that
go beyond incremental redesign but avoid the trap of romantic
scenarios.
While the WTO agreements do not regulate the use of biotechnology
per se, their rules can have a profound impact on the use of the
technology for both commercial and non-commercial purposes. This
book seeks to identify the challenges to international trade
regulation that arise from biotechnology. The contributions examine
whether existing international obligations of WTO Members are
appropriate to deal with the issues arising for the use of
biotechnology and whether there is a need for new international
legal instruments, including a potential WTO Agreement on
Biotechnology. They combine various perspectives on and topics
relating to genetic engineering and trade, including human rights
and gender; intellectual property rights; traditional knowledge and
access and benefit sharing; food security, trade and agricultural
production and food safety; and medical research, cloning and
international trade.
Like many other international organizations, the World Trade
Organization stands at a crossroads. There is an obvious imbalance
between the organization's dispute settlement arm and its
negotiation platform. While its current rules, supported by a
strong dispute settlement system, have provided some buffering
against the negative effects of the financial crises, its
negotiation machinery has not produced any substantial outcomes
since the late 1990s. It has become obvious that the old way of
doing business does not work any more and fresh ideas about
governing the organization are needed. Based on rigorous
scholarship, this volume of essays offers critical readings on the
functioning of the system and provides policy-relevant ideas that
go beyond incremental redesign but avoid the trap of romantic
scenarios.
For a long time, the GATT led a life of its own as a self-contained
regime. The evolution from tariff to non-tariff barriers brought
about increasing overlaps with other regulatory areas. WTO rules
increasingly interface with other areas of law and policy,
including environmental protection, agricultural policies, labour
standards, investment, human rights and regional integration.
Against this backdrop, this book examines fragmentation in
international trade regulation across a wide array of regulatory
fields. To this end, it uses a conceptually coherent theoretical
framework which is based on the effort to bring about greater
coherence among different policy goals and fields, and thus to
embed the multilateral trading system within the broader framework
of international economics, law and relations. It will appeal to
those interested in a forward-looking discussion of the most
pressing issues of the international trade agenda.
The University of Michigan Press is pleased to announce the first
volume in an annual series, The World Trade Forum. The Forum's
members include scholars, lawyers, and government and business
practitioners working in the area of international trade, law, and
policy. They meet annually and discuss integration issues in
international economic relations, focusing on a new theme each
year. The central topic of the first World Trade Forum is state
trading. To what extent has trade liberalization, as we have
experienced it over the last fifty years, affected property
ownership? Contributors to the 1998 World Trade Forum explore this
question, examining both state practice and the regulatory
framework. Their discussions are divided into three parts: Part 1
looks at the World Trade Organization's legal framework for state
trading enterprises, taking on such issues as monopolies and state
enterprises, the WTO Antidumping Agreement and the economies in
transition, and relationship of state trading and the Government
Purchasing Act. Part 2 deals with regional experiences in state
trading (for the EC, United States, Canada, Japan, China, and
Russia). Part 3 examines conceptual issues such as auctions as a
trade policy instrument and rule-making alternatives for entities
with exclusive rights. The conclusion synthesizes the foregoing
chapters in discussing the reach of modern international trade law.
Contributors are Frederick Abbott, Ichiro Araki, Christian Bach,
Jacques H. J. Bourgeois, Thomas Cottier, William J. Davey, Vladimir
Dbrentsov, Toni Haniotis, Bernard M. Hoekman, Gary Horlick, Henrik
Horn, Robert Howse, Patrick Low, Will Martin, Mitsuo Matsushita,
Petros Mavroidis, Aaditya Mattoo, Patrick Messerlin, Constantine
Michalopoulos, Kristin Heim Mowry, Stilpon Nestor, Damien Neven, N.
David Palmeter, Ernst-Ulrich Petersmann, Andre Sapir, Diane P.
Wood, and Werner Zdouc. Petros Mavroidis is Professor of Law,
University of Neuchatel. Thomas Cottier is Professor of Law,
Institute of European and International Economic Law, University of
Bern Law School.
Cross-border trade in electricity is rapidly expanding as a result
of technical innovations, economic and geopolitical developments,
and the ongoing decarbonisation of the electricity sector in
response to climate change. The expansion of electricity networks
and the integration of increasing shares of renewable energy (RE)
electricity into the grid have made long-distance electricity flows
both feasible and desirable. Drawing on the work of experts in
trade and energy law and policy, and offering novel,
multidisciplinary perspectives on the rapidly evolving landscape
shaping international trade in electricity, this book examines the
most important challenges - technical, economic, legal and
policy-related - posed by long-distance and sustainable electricity
trade. The book explores the regulatory implications of the policy
instruments aimed at supporting RE electricity and considers how
best to promote greater overall coherence in international
electricity governance.
The global financial crisis and subsequent sovereign debt crisis in
Europe demonstrated that the relationship between law and economics
in the design of the monetary system must be revisited.
International monetary affairs are usually conducted via domestic
monetary policies which are formulated by independent central banks
and informed mainly by economics, without much room being left to
substantive law. Based on the 2012 World Trade Forum, this volume
brings together leading scholars, practitioners and policy makers
in international economic law in order to examine the potential of
law and legal methodology to contribute to international monetary
stability. It explores the links between and lessons to be learnt
from existing international investment and trading systems and
studies some specific policy issues which have a direct impact on
monetary affairs, such as exchange rate policy, sovereign debt,
taxation, competitiveness, trade imbalances, austerity programmes
and human rights.
Equity emerged as a powerful symbol of aspired redistribution in
international relations. Operationally, it has had limited impact
in the Westphalian system of nation states - except for maritime
boundary delimitations. This book deals with the role of equity in
international law, and offers a detailed case study on maritime
boundary delimitation in the context of the enclosure movement in
the law of the sea. It assesses treaty law and the impact of the
United Nations Convention on the Law of the Sea. It depicts the
process of trial and error in the extensive case law of the
International Court of Justice and arbitral tribunals and expounds
the underlying principles and factors informing the methodology
both in adjudication and negotiations. Unlike other books, the main
focus is on equity and its implications for legal methodology, in
particular offering further guidance in the field of international
economic law.
Economic globalization and respect for human rights are both highly
topical issues. In theory, more trade should increase economic
welfare and protection of human rights should ensure individual
dignity. Both fields of law protect certain freedoms: economic
development should lead to higher human rights standards, and UN
embargoes are used to secure compliance with human rights
agreements. However the interaction between trade liberalisation
and human rights protection is complex, and recently, tension has
arisen between these two areas. Do WTO obligations covering
intellectual property prevent governments from implementing their
human rights obligations, including rights to food or health? Is it
fair to accord the benefits of trade subject to a clean human
rights record? This book first examines the theoretical framework
of the interaction between the disciplines of international trade
law and human rights. It builds upon the well-known debate between
Professor Ernst-Ulrich Petersmann, who construes trade obligations
as human rights, and Professor Philip Alston, who warns of a merger
and acquisition of human rights by trade law. From this starting
point, further chapters explore the differing legal matrices of the
two fields and examine how cooperation between them might be
improved, both in international law-making and institutions,in
dispute settlement. The interaction between trade and human rights
is then explored through seven case studies:freedom of expression
and competition law; IP protection and health; agricultural trade
and the right to food; trade restrictions on conflict WHO
convention on tobacco control; and, finally, human rights
conditionalities in preferential trade schemes.
The incorporation of intellectual property protection into the WTO
international trading system has been a milestone in international
economic law and has added a new dimension to trade regulation --
new rights and obligations and new challenges alike. The
contributors, leading scholars and practitioners in the field,
provide insights into the legal relationship of the TRIPs Agreement
to the GATT 94 and the GATS. The book widens the debate with a
thorough discussion on pending and unresolved relations of TRIPs,
the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights
contained in the FAO International Undertaking, and efforts of the
World Bank GCIAR system, including IPGRI. What will be the impact
of TRIPs on ownership of plant genetic resources?
Largely a victory for OECD countries, the present state of
intellectual property rights has important implications for
developing countries. The incorporation of intellectual property
rights into the WTO system will eventually change the relationship
of trade, competition, and intellectual property. It will equally
have to assist in providing equitable sharing of benefits in the
use of plant genetic resources. All of these issues are essential
for the revision of exclusions from patenting in TRIPs. This volume
offers insights into how this difficult task could and should be
approached in a balanced manner and will be essential reading for
economists and trade and intellectual property lawyers interested
in the subject. Moreover, the volume will be relevant to
agricultural economists as it addresses complex problems in the
interstices of trade, intellectual property, plant genetic
resources, and sustainable development.
ThomasCottier is Professor of European and International Economic
Law, University of Bern, and Managing Director, World Trade
Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchatel.
He formerly worked in the Legal Affairs Division of the World Trade
Organization.
Marion Panizzon is Research Fellow, University of Bern.
Simon Lacey is Research Fellow, University of Bern.
This book provides a rapid understanding of the most important
European and international texts, addressing general and
jurisdictional issues from a practical viewpoint. Key features
include:
- An article-by-article commentary on the relevant international
treaties and European instruments
- Short and straightforward explanation of the principles of law to
be drawn from each provision
- Editors and authors who are prominent specialists (academics and
practitioners) in the field of international and European IP law
Bern, Berlin, Bruxelles, Frankfurt/M., New York, Oxford, Wien.
Under the World Trade Organization (WTO) Agreement on
Telecommunications Services, 72 member states have made commitments
with regard to the increasing international competition in the
telecommunications sector. This book provides a comprehensive
overview of the regulatory framework at a multilateral level. It
deals with the growing importance and the technological evolution
of the telecommunications sector. Furthermore, it describes the
negotiations on telecommunications at WTO level. The book gives
insights into the provisions of the Annex on Telecommunications and
describes their impact on the services industry. Moreover, the
commitments relating to basic telecommunications are analyzed. The
author specifically examines the reference paper which sets out
rules for competition in the telecommunications sector and
interprets these provisions in the light of the existing
multilateral rules. Contents: WTO/ITU - Annex on Telecommunications
- Schedule of Commitments on Basic Telecommunications - Reference
Paper - Competition Law - Telecommunications Law.
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