Andrew T. Guzman - Böcker

Cooperation, Comity, and Competition Policy, edited by Andrew T. Guzman, illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy.The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity, meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide the reader with a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the EC, Israel, Japan, Singapore and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes. Written by top academics and practitioners, the proposals render some of the most important current thinking on the topic. The country reports and the expert policy proposals together provide a unique perspective on international competition policy and the challenges of the international competition policy regime.

Much of antitrust law scholarship has focused on substantive legal issues - theories of harm and changing law and policy. Surprisingly, there has been very little work that is comparative, on a fundamental element that is a critical building block to effective policy - procedural fairness. Procedural fairness encompasses issues of transparency and due process.Procedural fairness has been an important issue in global antitrust for some time. The types of due process concerns raised globally often relate to the lack of effective representation, the use of industrial policy by third parties, and procedural tools that do not allow for the most effective advocacy to lead to efficient outcomes.This book focuses on these issues and teases out common problems and distinct issues in particular jurisdictions, allowing for a rethink of creating a more effective system for procedural fairness, and explores these issues in each jurisdiction, along with highlights of particular cases in which due process issues have emerged.

Deniers of climate change sometimes quip that claims about global warming are more about political science than climate science. They are wrong on the science, but may be right with respect to its political implications. A hotter world, writes Andrew Guzman, will bring unprecedented migrations, famine, war, and disease. It will be a social and political disaster of the first order.In Overheated, Guzman takes climate change out of the realm of scientific abstraction to explore its real-world consequences. He writes not as a scientist, but as an authority on international law and economics. He takes as his starting point a fairly optimistic outcome in the range predicted by scientists: a 2 degree Celsius increase in average global temperatures. Even this modest rise would lead to catastrophic environmental and social problems. Already we can see how it will work: The ten warmest years since 1880 have all occurred since 1998, and one estimate of the annual global death toll caused by climate change is now 300,000. That number might rise to 500,000 by 2030. He shows in vivid detail how climate change is already playing out in the real world. Rising seas will swamp island nations like Maldives; coastal food-producing regions in Bangladesh will be flooded; and millions will be forced to migrate into cities or possibly "climate-refugee camps." Even as seas rise, melting glaciers in the Andes and the Himalayas will deprive millions upon millions of people of fresh water, threatening major cities and further straining food production. Prolonged droughts in the Sahel region of Africa have already helped produce mass violence in Darfur. Clear, cogent, and compelling, Overheated shifts the discussion on climate change toward its devastating impact on human societies. Two degrees Celsius seems such a minor change. Yet it will change everything.

How International Law Works presents a theory of international law, how it operates, and why it works. Though appeals to international law have grown ever more central to international disputes and international relations, there is no well-developed, comprehensive theory of how international law shapes policy outcomes.Filling a conspicuous gap in the literature on international law, Andrew T. Guzman builds a coherent theory from the ground up and applies it to the foundations of the international legal system. Using tools from across the social sciences Guzman deploys a rational choice methodology to explain how a legal system can succeed in the absence of coercive enforcement. He demonstrates how even rational and selfish states are motivated by concerns about reciprocal non-compliance, retaliation, and reputation to comply with their international legal commitments.Contradicting the conventional view of the subject among international legal scholars, Guzman argues that the primary sources of international commitment--formal treaties, customary international law, soft law, and even international norms--must be understood as various points on a spectrum of commitment rather than wholly distinct legal structures.Taking a rigorous and theoretically sound look at international law, How International Law Works provides an in-depth, thoroughgoing guide to the complexities of international law, offers guidance to those managing relations among nations, and helps us to understand when we can look to international law to resolve problems, and when we must accept that we live in an anarchic world in which some issues can be resolved only through politics.

Deniers of climate change sometimes quip that claims about global warming are more about political science than climate science. They are wrong on the science, but may be right with respect to its political implications. A hotter world, writes Andrew Guzman, will bring unprecedented migrations, famine, war, and disease. It will be a social and political disaster of the first order.In Overheated, Guzman takes climate change out of the realm of scientific abstraction to explore its real-world consequences. He writes not as a scientist, but as an authority on international law and economics. He takes as his starting point a fairly optimistic outcome in the range predicted by scientists: a 2 degree Celsius increase in average global temperatures. Even this modest rise would lead to catastrophic environmental and social problems. Already we can see how it will work: The ten warmest years since 1880 have all occurred since 1998, and one estimate of the annual global death toll caused by climate change is now 300,000. That number might rise to 500,000 by 2030. He shows in vivid detail how climate change is already playing out in the real world. Rising seas will swamp island nations like Maldives; coastal food-producing regions in Bangladesh will be flooded; and millions will be forced to migrate into cities or possibly "climate-refugee camps." Even as seas rise, melting glaciers in the Andes and the Himalayas will deprive millions upon millions of people of fresh water, threatening major cities and further straining food production. Prolonged droughts in the Sahel region of Africa have already helped produce mass violence in Darfur. Clear, cogent, and compelling, Overheated shifts the discussion on climate change toward its devastating impact on human societies. Two degrees Celsius seems such a minor change. Yet it will change everything.

This major work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.The book includes extensive coverage of international trade issues, which are generally considered to be the core of international economic law, and focuses on such topics as barriers to trade, dispute settlement, trade and services, regionalism and remedies. It also goes significantly beyond these to look at related areas of the discipline; international investment, including discussion of regulatory issues and private rights of action; intellectual property issues relating to trade; commercial law; legal and economic aspects of international tax and international finance; the closely related areas of trade and international competition policy; international environmental law; and international telecommunications.Providing in many cases a unique interdisciplinary blend of analysis, the Handbook offers a cutting edge approach to international economic law, and an authoritative source of reference for scholars, graduate students and policymakers.