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This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources.
The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy.
The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources.
This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.1 152 kr
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While the global trade regime has made significant strides in eliminating tariffs and other barriers to free trade, it has yet to develop a consistent and enforceable antitrust and competition policy that combats monopolies, cartels, and other private arrangements that continue to hamper equitable access to the world''s goods and services. This book takes a giant step toward achieving this goal. Based on a conference of national authorities and leading scholars in antitrust and competition law and policy, Competition Policy in the Global Trading System: Perspectives from the EU, Japan and the USA presents twenty insightful essays which together provide an in-depth assessment of current achievements and impasses, as well as a variety of possible ways forward. Among the relevant factors in this progression, the authors discuss such approaches as
• bilateral and regional international cooperation agreements;• WTO competition rules, enforceable through the dispute resolution procedure; and• international development of US, EU, and Japanese antitrust laws. Each of these approaches is examined through the all-important lens of enforcement - a spectrum that extends from deterrence to private actions imposing such penalties as prejudgment interest or treble damages. The crucial issue of how international antitrust rules should be incorporated into the global trading system is explored from many angles. Significantly, the book comes at a time when the report of the U.S. International Competition Policy Advisory Committee (ICPAC) is under close scrutiny in all major trading countries. The conference on which this book is based was in fact the first occasion at which top-level antitrust enforcers discussed this report. Including as it does the opinions of several former and present government and WTO leaders in antitrust and competition policy, Competition Policy in the Global Trading System: Perspectives from the EU, Japan and the USA sets the stage for the integration of trade and competition rules that is now gathering momentum. It is a book no official or academic in the field can do without.1 503 kr
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