Cambridge International Trade and Economic Law – serie
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91 produkter
91 produkter
Del 3 - Cambridge International Trade and Economic Law
The Law, Economics and Politics of Retaliation in WTO Dispute Settlement
Inbunden, Engelska, 2010
1 777 kr
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The WTO allows its members to retaliate in the face of continued non-compliance. After more than ten years' operation and ten arbitration disputes, this volume assesses the law, economics and politics of trade sanctions in WTO dispute settlement. Including more than thirty contributions from leading academics, trade diplomats and practitioners, it offers a thorough analysis of the legal rules on permissible WTO retaliation as well as an assessment of the economic rationale and calculations behind the mechanism. In addition, it provides first hand experiences of those countries that have obtained WTO authorisation to retaliate, ranging from the United States and the EC to Mexico and Antigua. In this assessment, the question of how to make the system work also for small countries is paramount. Finally, the volume spells out lessons that could be learned from related fields such as remedies for non-compliance in investment arbitration and competition or anti-trust regimes.
Del 4 - Cambridge International Trade and Economic Law
Non-Discrimination in International Trade in Services
'Likeness' in WTO/GATS
Inbunden, Engelska, 2010
1 452 kr
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The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
Del 1 - Cambridge International Trade and Economic Law
Trade Policy Flexibility and Enforcement in the WTO
A Law and Economics Analysis
Inbunden, Engelska, 2009
1 452 kr
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The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct. This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable.
Del 2 - Cambridge International Trade and Economic Law
The Multilateralization of International Investment Law
Inbunden, Engelska, 2009
1 657 kr
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Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functioning of international investment law as a genuinely multilateral system.
Del 6 - Cambridge International Trade and Economic Law
African Regional Trade Agreements as Legal Regimes
Inbunden, Engelska, 2011
1 584 kr
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African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.
284 kr
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Focusing on capital controls, this study provides rigorous legal analysis to establish whether the mandate of the International Monetary Fund (IMF) extends to the capital account; that is, whether the IMF has the authority to control and/or regulate the use of capital controls by its member states. The book then analyses whether a country's use of capital controls is consistent with the obligations and commitments undertaken in various multilateral and bilateral trade and investment agreements. Finally, it analyses the tension within international economic law, as the IMF now encourages the use of capital controls under certain circumstances, while most trade/investment agreements prohibit or limit their use. Proposing a way forward to alleviate the tension and construct a more harmonious relationship between the norms and standards of finance, trade and investment, this study will be essential reading for policymakers.
1 259 kr
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This book presents a first comprehensive effort to explore the mechanics and fundamentals of global ICT standardization. It offers a comprehensive study of legal rules governing ICT standardization; systematically analyses governance and institutional features of some most prominent Standards Development Organizations; and presents qualitative empirical evidence on implementation of these rules in practice. By evaluating legal and procedural rules in light of current practices and tendencies in the industry, the book explores various options available for disciplining ICT standardization from the viewpoint of the applicable legislation, judiciary, and internal governance rules of Standards Development Organizations and offers practical solutions on how to increase the legitimacy of ICT standards. Adding to the previous theoretical approach to the field of standardization from historical, legal and political science perspective, this book applies theoretical considerations to unexplored scenarios, offering a holistic picture of ICT standardization and providing a novel contribution to the field.
The European Union and International Investment Law Reform
Between Aspirations and Reality
Inbunden, Engelska, 2023
1 524 kr
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In order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.
1 211 kr
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This book addresses the challenges of datafication through the lens of international economic law. We are undergoing a wave of datafication practices. If such practices simply continue to evolve without being examined and repaired along the existing path of development, the same issues will continue to accumulate and will more than likely be amplified. The unprecedented economic and social influence of big tech has served as the catalyst for the concept of 'digital sovereignty,' which is rooted in the need to safeguard regulatory autonomy in a datafied world. The current wave of data-driven innovations has placed the policy debates on digital trade and data governance into an even more challenging context. The book - whose chapters are connected by the many facets of 'data' - systematically explains how international economic law can reduce the perils of datafication instead of enhancing them. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
International Financial Institutions and Sustainable Development
Lawmaking and Accountability
Inbunden, Engelska, 2025
1 211 kr
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Balancing theoretical and practice-oriented elements, this book introduces researchers, teachers, and students in international sustainable development law to the IFIs' safeguard policies. It also scrutinizes the case law of independent accountability mechanisms that interpret those policies and afford recourse to individuals and communities adversely affected by development projects. The book's focus on the procedural and substantive features of IFIs' safeguard systems contributes to a more concrete understanding of these organizations' participation in the international lawmaking process on sustainable development. It puts IFIs in the spotlight and provides an international legal critique of their activities to match their notoriety in popular consciousness and to enhance their accountability to those they harm. By approaching international (economic) law and sustainable development through the lens of economic, environmental, and social issues arising in development projects primarily in the Global South, the book presents a needed counterbalance to existing literature on the topic.
Making of an International Investment Facilitation Framework
Legal, Political and Economic Perspectives
Inbunden, Engelska, 2025
1 331 kr
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This book comprehensively investigates the rationale and effects of the first multilateral agreement on investment facilitation for development, including the interests of key WTO members. It adopts a multidisciplinary, transregional and data-driven approach to explore the political, economic and legal aspects pertaining to the most recent WTO agreement. The book highlights how this agreement broadens the scope of the WTO to the contentious area of foreign investment and adopts the innovative facilitation approach. The book presents cutting-edge research on the (non-)adoption of investment facilitation worldwide, the economic impact of the agreement, its legal implications and the political economy explaining why the investment facilitation for development agreement came about. The book brings together leading experts from various disciplines and practices and aims at inspiring more substantive research in this new field of international economic rule-making. This title is also available as Open Access on Cambridge Core.
1 271 kr
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The objective of this edited volume is to explore the role that digitalisation and new technologies play in the law and practice relating to international investment. The traditional view of international investment law, focusing on physical movement of investors and greenfield establishment, is currently confronted by the increasing diffusion and varying use of technological advances around the world. Digital assets and digital services pose challenges to conventional conceptions of territorial nexus in investment protection. Utilisation of algorithms and artificial intelligence in investor-state dispute settlement (ISDS) is also not free of controversy when it comes to ensuring fair (and reasoned) outcomes and due process. Moreover, cybersecurity-related concerns exacerbate geopolitical fragmentation and often affect negatively investment flows, both at the inward and at the outward levels. The contributors of this edited volume examine these and other related issues of contemporary investment law and critically reflect on how digitalisation and new technologies reshape the foundations of international investment law.
1 693 kr
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This book offers a timely and insightful exploration of security exceptions in international trade and investment law, focusing on the growing tension between national security measures and global economic stability. Through in-depth analysis and case studies of major global players, it uncovers how current practices are shaping international trade governance. The book examines the challenges posed by overly broad or narrow security exceptions, proposes practical reforms to improve legal clarity, and suggests ways to enhance cooperation between international organizations like the WTO and the UN. Aimed at policymakers, legal professionals, and scholars, this book provides valuable recommendations to help navigate the evolving landscape of global trade, offering concrete solutions to balance national security concerns with the need for economic cooperation.
1 432 kr
Kommande
Billions flow through illicit trade annually, harming societies and economies, yet the International Community struggle to respond effectively. This book provides a groundbreaking, integrated perspective, bridging the divide between Public International Law and WTO Law to offer a cohesive strategy against illicit trade. It starts by proposing a much-needed definition and innovative typologies - like per se vs de facto - to systematically understand the phenomenon. Real-world case studies and analysis of state regulatory measures illustrate the practical challenges. The author critiques the WTO's evasive stance, dissecting key dispute settlement cases, and introduces the concept of 'International Law Against Illicit Trade' (ILAIT) based on established legal principles. Offering more than mere critique, the book culminates in specific, actionable proposals for WTO reform, making a compelling case for adapting trade rules to fight illicit trade effectively. This book is a vital resource for anyone involved in international trade law and policy.
TRIPS Foundations Revisited
Building a Resilient International IP Regime for Troubled Times
Häftad, Engelska, 2026
513 kr
Kommande
Intellectual property (IP) rights have long faced strong legitimacy criticisms. As the vaccine debates during the COVID-19 pandemic showed, IP is often seen as a problematic asset of powerful private companies and developed economies. This book addresses these criticisms by focusing on a renewed interpretation of the TRIPS - the key international treaty for IP. By combining international law analysis and political theory, this work presents the TRIPS as the structuring agreement of the international IP regime rather than treating it as a technical trade instrument. Drawing on the ideal of freedom defined as protection against domination, the book develops a legal philosophy of the TRIPS, revisiting its foundations and proposing a renewed interpretation of its key norms. This reframing highlights how the treaty can potentially provide consistency and foreseeability in a conflict-ridden global multilateral trade system where weaker trade partners are often at a disadvantage. This title is also available as open access on Cambridge Core.
TRIPS Foundations Revisited
Building a Resilient International IP Regime for Troubled Times
Inbunden, Engelska, 2026
1 392 kr
Kommande
Intellectual property (IP) rights have long faced strong legitimacy criticisms. As the vaccine debates during the COVID-19 pandemic showed, IP is often seen as a problematic asset of powerful private companies and developed economies. This book addresses these criticisms by focusing on a renewed interpretation of the TRIPS - the key international treaty for IP. By combining international law analysis and political theory, this work presents the TRIPS as the structuring agreement of the international IP regime rather than treating it as a technical trade instrument. Drawing on the ideal of freedom defined as protection against domination, the book develops a legal philosophy of the TRIPS, revisiting its foundations and proposing a renewed interpretation of its key norms. This reframing highlights how the treaty can potentially provide consistency and foreseeability in a conflict-ridden global multilateral trade system where weaker trade partners are often at a disadvantage. This title is also available as open access on Cambridge Core.
Del 5 - Cambridge International Trade and Economic Law
Processes and Production Methods (PPMs) in WTO Law
Interfacing Trade and Social Goals
Inbunden, Engelska, 2011
1 717 kr
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Despite a decades-long debate, starting with the 'Tuna-Dolphin' disputes of the 1990s, questions on the status of national regulatory measures linked to processes and production methods in WTO law have yet remained unsolved. Likewise, labelling requirements relating to unincorporated aspects of a product's life cycle remain strongly contested. These ongoing disputes at the WTO as well as global social and environmental challenges related to economic activities show how topical and important the search for adequate answers still is. Processes and Production Methods (PPMs) in WTO Law identifies and comprehensively analyses the key legal problems concerning such measures, setting them in the context of the current debate and its economic and regulatory background. Christiane R. Conrad develops a new approach to this debate which draws on the objectives and established economic rationales of the WTO Agreements.
Del 20 - Cambridge International Trade and Economic Law
The WTO and International Investment Law
Converging Systems
Inbunden, Engelska, 2016
874 kr
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International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.
Del 7 - Cambridge International Trade and Economic Law
The Law and Politics of WTO Waivers
Stability and Flexibility in Public International Law
Inbunden, Engelska, 2011
922 kr
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Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international law.
Del 12 - Cambridge International Trade and Economic Law
WTO Disciplines on Subsidies and Countervailing Measures
Balancing Policy Space and Legal Constraints
Inbunden, Engelska, 2014
1 777 kr
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Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.
Del 11 - Cambridge International Trade and Economic Law
The Law of Development Cooperation
A Comparative Analysis of the World Bank, the EU and Germany
Inbunden, Tyska, 2013
1 271 kr
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Development interventions are agreed by states and international organisations which administer public development funds of huge proportions. They have done so with debatable success, but, unlike the good governance of recipients, the rules applying to donors have hitherto received little scrutiny. This analysis of the normative structures and conceptual riddles of development co-operation argues that development co-operation is increasingly structured by legal rules and is therefore no longer merely a matter of politics, economics or ethics. By focusing on the rules of development co-operation, it puts forward a new perspective on the institutional law dealing with the process, instruments and organisation of this co-operation. Placing the law in its theoretical and political context, it provides the first comparative study on the laws of foreign aid as a central field of global public policy and asks how accountability, autonomy and human rights can be preserved while combating poverty.
Del 10 - Cambridge International Trade and Economic Law
Domestic Judicial Review of Trade Remedies
Experiences of the Most Active WTO Members
Inbunden, Engelska, 2013
1 657 kr
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Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.
Public Services and International Trade Liberalization
Human Rights and Gender Implications
Inbunden, Engelska, 2012
838 kr
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Does public service liberalization pose a threat to gender and human rights? Traditionally considered essential services provided by a state to its citizens, public services are often viewed as public goods which embody social values. Subjecting them to market ideology thus raises concerns that the intrinsic social nature of these services will be negated. Moreover, as those most likely to be reliant on public services, public service liberalization may also further marginalize women. Nevertheless, states continue to increasingly liberalize public services. Barnali Choudhury explores the implications of public service liberalization. Using primarily a legal approach, but drawing from case studies, empirical research and gender theories, she examines whether liberalization under the General Agreement on Trade in Services and other liberalization vehicles such as preferential trade and investment agreements compromise human rights and gender objectives.
International Organizations in WTO Dispute Settlement
How Much Institutional Sensitivity?
Inbunden, Engelska, 2012
802 kr
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This book analyses the role of international organizations in WTO dispute settlement as arising from a number of WTO disputes. In particular, the roles of the IMF, WIPO, WCO and WHO are addressed. The use of the Vienna Convention rules of interpretation framework allows an evaluation of the weight attributed to this material by the WTO adjudicator. This allows specific conclusions to be drawn regarding the level of institutional sensitivity of the WTO adjudicator to each of the organizations. As well as being a valuable source of research, the analysis will appeal to international law scholars, civil servants and law practitioners interested in the WTO and dispute settlement.
The Relevant Market in International Economic Law
A Comparative Antitrust and GATT Analysis
Inbunden, Engelska, 2012
1 452 kr
Tillfälligt slut
This book provides what international trade law has hitherto lacked: a coherent analysis of 'product likeness' under Article III of the GATT. Christian A. Melischek develops an economic approach to the interpretation of 'like' products on the basis of a comparative analysis with antitrust theories on market definition. Not only does he propose a specific substantive economic test to render the notion of product likeness operational, but he also examines the institutional and procedural frameworks for expert economic evidence necessary to implement an economic approach to the interpretation of product likeness. On a methodological level, the book adds a new interdisciplinary dimension to the legal debate by exploring the use of quantitative and econometric methods for the implementation of the proposed economic test.
Del 15 - Cambridge International Trade and Economic Law
Liberalizing International Trade after Doha
Multilateral, Plurilateral, Regional, and Unilateral Initiatives
Inbunden, Engelska, 2013
922 kr
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After ten years the Doha Development Round is effectively dead. Although some have suggested that Doha's demise threatens the continued existence of the GATT/WTO system, even with some risks of increasing protectionism, the United States, the European Union, Japan, Brazil, China and India, among others, have too much to lose to make abandoning the WTO a rational option. There are alternatives to a comprehensive package of new or amended multilateral agreements, including existing and future 'plurilateral' trade agreements, new or revised regional trade agreements covering both goods and services, and liberalized national trade laws and regulations in the WTO member nations. This book discusses these alternatives, which although less than ideal, may provide an impetus for continuing trade liberalization both among willing members and in some instances worldwide.
Del 17 - Cambridge International Trade and Economic Law
The Social Foundations of World Trade
Norms, Community, and Constitution
Inbunden, Engelska, 2014
1 319 kr
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As highlighted by Pascal Lamy, the former head of the WTO, world trade traditionally involves state-to-state contracts and is based on an anachronistic 'monolocation' production/trade model. It therefore struggles to handle new patterns of trade such as global value chains, which are based on a 'multilocation' model. Although it continues to provide world trade on a general level with a powerful heuristic, the traditional 'rationalist' approach inevitably leaves certain descriptive and normative blind spots. Descriptively, it fails to explain important ideational factors, such as culture and norms, which can effectively guide the behaviour of trading nations with or without material factors such as interests and utilities. Normatively, the innate positivism of the traditional model makes it oblivious to the moral imperatives of the current world trading system, such as development. This book emphatically redresses these blind spots by reconstructing the WTO as a world trade community from a social perspective.
Del 13 - Cambridge International Trade and Economic Law
General Interests of Host States in International Investment Law
Inbunden, Engelska, 2014
1 584 kr
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Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.
Del 16 - Cambridge International Trade and Economic Law
Public Participation and Legitimacy in the WTO
Inbunden, Engelska, 2014
1 331 kr
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The legitimacy of the WTO's decision-making process has always been questioned, and many have advocated public participation mechanisms as a remedy. Yves Bonzon considers the limits and potential of these mechanisms by advancing a conceptual framework which distinguishes the four 'implementation parameters' of public participation: the goal, the object, the modalities, and the actors. He addresses the issue of legitimacy by considering to what extent, and by virtue of which legal developments, one can see implementing the democratic principle as a goal for public participation in the context of the WTO. By analysing the institutional structure of the WTO and its different types of decisions, he then outlines how this goal should influence the object and modalities of public participation, which decision-making procedures should be opened to public participation, and how the mechanisms should be implemented in practice. Finally, he suggests specific amendments to existing WTO arrangements on public participation.
Del 14 - Cambridge International Trade and Economic Law
The Challenge of Safeguards in the WTO
Inbunden, Engelska, 2014
1 380 kr
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The Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case.