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Culture And International Trade Law - From Conflict To Coordination

by Juneyoung Lee

261,03€ + 10% CARD

 How can policies on trade and culture be coordinated in such a way that both are enabled to flourish? This book makes the argument for moving from viewing trade and culture as "in conflict" to assessing the two fields in coordination-at the domestic, regional and international levels. Juneyoung Lee makes the case for a preference for negotiations and monitoring, as opposed to legalized dispute settlement. Informal law-making processes and preferential trade agreements are also addressed.
ENGLISH

Non-Economic Objectives In Wto Law - Justification Provisions Of Gatt, Gats, Sps And Tbt Agreements

by Stefan Zleptnig

341,85€ + 10% CARD

 This volume examines the complex relationship between economic and non-economic objectives in WTO law. It discusses how non-economic objectives (such as the protection of public morals, life and health, environment, or human rights) can serve as justification for trade-restrictive measures normally prohibited under WTO law. The relevant non-economic grounds of justification are analysed, as well as the substantive and procedural requirements which restrain the use of trade-restrictive measures taken for non-economic purposes. The issues covered by this book also have wider systemic implications for the WTO. Only if the WTO can demonstrate that it is not just concerned about free trade, but respects non-economic objectives as well, is it likely to remain a sustainable and legitimate form of governance.
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Retracted, The Regulation Of Transnational Mergers In International And European Law

eBook 10%

ENGLISH

Retracted, The Regulation Of Transnational Mergers In International And European Law

by Armando Marsilia e Dimitris Liakopoulos

234,53€ + 10% CARD

 The major problem associated with the regulation of transnational mergers, which affect several national markets, is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed, the national competition laws applied by the regulating authorities may diverge in several aspects, which raise the likelihood of inconsistency. Therefore it is desirable to opt for regulatory approaches which are more sensitive to the transnational nature of mergers and which allow cooperation between competition authorities. A possible solution may be bilateral cooperation agreements through which two countries coordinate the enforcement activities of their national competition authorities. However, the benefits of these agreements are enjoyed only by the signatory parties. The sole reliance upon bilateral agreements does not appear to be the optimal regulatory approach towards transnational mergers.
ENGLISH

Policy Space In International Intellectual Property Law

by Emmanuel Kolawole Oke

270,30€ + 10% CARD

 The Policy Space in International Intellectual Property Law presents a critical and original examination of the policy space in international intellectual property law through the unique lens of glocalisation. Distinguishing between the unregulated local space and the regulated glocal space as distinct components of this policy space, it contends that it is within the glocal space that states can resist or adapt the globalising waves flowing from the international intellectual property system. It discusses both the contours and the components of this glocal space. It further highlights the important role that the WTO's adjudicatory bodies play in preserving this glocal space in international intellectual property law.
ENGLISH

Law And Policy Of New Eurasian Regionalization - Economic Integration, Trade, And Investment In The Post-Soviet And Greater Eurasian Space

388,23€ + 10% CARD

 The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space, edited by Anna Aseeva and Jedrzej Gorski, makes several unique contributions to the literature. First and foremost, most of the current literature is in either economics or politics, with only a secondary focus on legal and institutional matters. Secondly, and consequently, the book is accessible and relevant to readers both 'inside' and 'outside' the boundaries of the Eurasian area: not only geographical boundaries, but also legal, geopolitical, geoeconomic, cultural, and, indeed, disciplinary boundaries. Drawing on international, transnational, and comparative legal scholarship, this rich volume offers the insights by a plethora of leading international scholars in economics, institutional theory, area studies, international relations, global political economy, political science, and sociology. The contributors come from four corners of the globe, including Asia, Europe, and North America.
ENGLISH

Climate Border Adjustments And Wto Law - Extending The Eu Emissions Trading System To Imported Goods And Services

by Ulrike Will

288,85€ + 10% CARD

 In Climate Border Adjustments and WTO Law, Ulrike Will develops a convincing reform proposal for a climate border adjustment (BA) on imports within the EU Emission Trading System (ETS). The proposed framework offers a realistic approach which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement. The book offers a comprehensive analysis of the WTO cases that might have parallels to the unresolved case of BAs. It provides interpretations of vague legal terms of the applicable WTO agreements and guidance on how to balance between environmentally related and trade liberalising WTO rules. Typified constellations of BAs pave the way for a reform of the EU ETS Directive. The inclusion of legal findings in the context of economic theory and climate science allows for a meaningful discussion of the functioning of the BA, relevant markets and competitive effects of specific design proposals. The proposed framework also takes into account the prevention of extra-jurisdictional effects.
ENGLISH

Law Of International Trade In The Region Of The Caucasus, Central Asia And Russia - Public International Law, Private Law, Dispute Settlement

320,65€ + 10% CARD

 Situated between Europe and the borders of China, the Eurasian region is seldom studied from an overall legal perspective. The book gives a first-time structured overview of trade-related aspects of international economic law, comparative commercial law, and dispute resolution in this region, focused on the countries in the Southern Caucasus, Central Asia, as well as Russia. It also addresses the Eurasian Economic Union. Law of International Trade in the Region of the Caucasus, Central Asia and Russia approaches international trade law with a combined public international law and comparative private law perspective, taking into account the global and European context.
ENGLISH

Grain Subsidies In Ukraine - The Role Of Wto Law And The Eu-Ukraine Association Agreement

by Kateryna Zelenska

365,70€ + 10% CARD

 Grain Subsidies in Ukraine is the first attempt to examine impact of international trade law on Ukrainian policies in the cereals sector. The author focuses on instruments of state support for agricultural producers. Those are examined in their compliance with Ukraine's WTO commitments. The other central component of the book is the effect of the EU-Ukraine Association Agreement on the country's policy space. The treaty contains legal approximation provisions, which may have a far reaching impact on Ukrainian agricultural regulation. In this regard, the agreement is compared to other free trade agreements signed by Ukraine. Another focal point is the question to what extent Ukraine could make use of the EU agricultural aid practice. Although certain EU experience is found to be useful, the book generally advocates reducing distortive policies in Ukraine by substituting subsidies with market-based instruments.
ENGLISH

Credit Ratings And Market Over-Reliance - An International Legal Analysis

by Francesco De Pascalis

242,48€ + 10% CARD

 Taking position from the recent 2007-2009 financial crisis, Credit Ratings and Market Over-reliance: An International Legal Analysis by Francesco De Pascalis provides an in depth legal and regulatory analysis of the concept of over-reliance in the use of ratings and how regulation facilitates over-reliance is different from mere reliance on credit ratings. Not only does the book provide an incisive doctrinal analysis of the concept of over-reliance, it also considers over-reliance from a comparative and international perspective by reviewing legal and regulatory developments under European Union and US law and how over-reliance has been addressed in international financial regulation.
ENGLISH

Changing Landscape Of Global Financial Governance And The Role Of Soft Law

323,30€ + 10% CARD

 The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.
ENGLISH

Wto Dispute Settlement Understanding And Development

by Mervyn Martin

311,38€ + 10% CARD

 This book examines the effectiveness of the WTO DSU in pursuing the developmental objectives of the WTO. Unregulated globalisation enabled developed countries to benefit more from the process. International trade theories emphasise on welfare enhancement and influenced the development of international trade cooperation. However, its development during the colonial era emphasised on protection of colonial interests. The WTO was meant to emphasise on a strengthened dispute settlement mechanism to support its diverse membership. It has failed to achieve this due to weak mechanisms for promoting developing country participation. The DSU review based on the draft negotiating proposal from the DSB reflects the on-going weakness of the DSU in pursuing developed country interests whilst ignoring major problems faced by developing countries in using the DSU. Five major issues in relation to the DSU are identified in this investigation. However, the Chairman's text in no way addresses any of these.
ENGLISH

Creating Property Rights - Law And Regulation Of Secondary Trading In The European Union

by Margherita Colangelo

210,68€ + 10% CARD

 The creation by government regulation of entitlements akin to property rights is a widespread phenomenon imposing a reconsideration of the traditional categories of public and private property. The allocation of such rights that lack an explicit legislative definition but are object of relevant social and legal interests is a very complex topic, which has become very acute in cases where markets have been established for them. The analysis of the systems created for the allocation and management of these rights is the core of this book, which examines four emblematic examples: airport slots, spectrum rights, milk quotas and emission allowances. The book focuses on the European level, including legislation and the most relevant policy issues, by means of a comparative method involving private law, public law and law and economics approaches.
ENGLISH

Economic Integration In South Asia - Charting A Legal Roadmap

by Rizwanul Islam

294,15€ + 10% CARD

 Eight member countries of the South Asian Association for Regional Cooperation (SAARC) have recently concluded the Agreement on South Asian Free Trade Area (SAFTA) and SAARC Agreement on Trade in Services (SATIS). To date, the progress of sub-regional trade integration in South Asia appears to be rather lacklustre. This book critically analyses the international legal aspects of economic integration in South Asia. It argues that although there are economic constraints in bringing about greater economic integration in South Asia, those constraints are not insurmountable. Many of the constraints are merely outcomes of dubious policies pursued by the policy makers in the sub-region and can be tackled with sustained political commitment towards the cause of the South Asian economic integration.
ENGLISH

Negotiations For A New Agreement On Agriculture

by Joseph A. Mcmahon

262,35€ + 10% CARD

 The Negotiations for a New Agreement on Agriculture presents a history of the negotiations towards a fair and market-oriented international agricultural trading system. After an introductory chapter outlining the provisions of the Agreement on Agriculture, the book considers the analysis and information exchange process launched by the 1996 Singapore Declaration and the failed 1999 Seattle Ministerial. The mandated Article 20 negotiations are discussed before consideration is given to the 2001 Doha Declaration. The negotiations are considered in the context of the Cancun and, Hong Kong Ministerials and the July 2008 mini-ministerial before a discussion of the latest version of the Modalities for the Agreement issued in December 2008. The work ends with a look back over the negotiations and consideration of the development dimension of the Doha Round.
ENGLISH

European Food Regulation After Enlargement - Facing The Challenges Of Diversity

by Karolina Zurek

282,23€ + 10% CARD

 This book presents a critical legal perspective on the current direction of EU food regulation. Analysing three regulatory mechanisms - mutual recognition, scientific risk regulation and standardisation - in the evolution of food legislation in the EU, the book shows the inadequacy of the current framework in facing the challenges of enlargement. Using the particular experience of a new member state, Poland, the book argues that an enlarged Europe must not disregard diverse socio-economic implications of market regulation. Due to historical legacies and a bias in favour of homogeneity, the EU food regulatory regime has generated a one-dimensional crisis-oriented approach. As a result, it tends to overlook other legitimate concerns such as quality, diversity and local traditions. This book argues that this need not be so.
ENGLISH

Wto And The Greater China - Economic Integration And Dispute Resolution

by Chien-Huei Wu

282,23€ + 10% CARD

 This book illustrates how the constitutional feature of the WTO - allowing separate customs territories to become a Member - brings about the coexistence of China, Taiwan, Hong Kong and Macau (the Greater China) in the WTO. It examines the economic integration and the dispute settlement systems within Greater China. It explores their interactions within the multilateral WTO framework, their practices under the new genre of FTA, and their policies in adopting trade defence measures against each other. This book offers a good case study on the impact of WTO membership upon domestic reform and how it contributes to regional integration. It also provides a comprehensive analysis on the existing provisions in the WTO agreements pertaining to judicial review.
ENGLISH

Remedies Under The Wto Legal System

by R. Rajesh Babu

392,20€ + 10% CARD

 The World Trade Organization (WTO) dispute settlement system, has succeeded, since its establishment in 1995, in generating a perception that the DSU offers one of the most advanced multilateral adjudicatory systems that exist today, principally because of the large volume of cases it has attracted and settled. Despite a high record of satisfactory settlements of disputes and tall claims in appreciation, there is an equal amount of scepticism, particularly about the nature and content of remedies for violations of WTO rights and obligations. This book presents a critical review on the problems stemming from the nature and scope of the WTO remedies and its enforcement. The study highlights in a comparative perspective the lacunas and inadequacies in the current system, and in the process, accentuates the detrimental nature of the WTO remedies on the interest of the developing and least developing countries.
ENGLISH

Implementing International Economic Law - Through Dispute Settlement Mechanisms

239,83€ + 10% CARD

 International economic law is very likely to be one of the most significant areas of law throughout the twenty-first century. As is well-known, it is an inter-disciplinary area of law covering very broad and different fields since it deals with all economic aspects of relations among the subjects of international law. In today's world, the relations among States, international organisations and individuals have dramatically intensified. It is a sine qua non requirement that the conflicts or cases deriving from the application of the principles of international economic law must be solved by the dispute settlement mechanisms of international law, which are crucial both for the protection of international peace and security on the one hand and for the implementation of international economic law on the other. The book focuses on the relationship between the rules of public international law and international economic law from the point of view of dispute settlement mechanisms. It consists of the following Chapters: International Economic Law; New Challenges and Issues in International Finance Law; Dispute Settlement in International Trade Law and Dispute Settlement in International Investment Law. Finally, the book draws some general conclusions and provides certain suggestions for future research and practice in the field.
ENGLISH

Sex And The Contract - From Infamous Commerce To The Market For Sexual Goods And Services

by Vincenzo Zeno-Zencovich

229,23€ + 10% CARD

 Sexual services and goods are regularly, and legally, offered in all Western countries. Although they are shunned through the age old maxims of in pari causa turpitudinis and nemo auditur, there is a growing tendency, both in legislation and case law, to recognize the effects of these contracts. The book analyzes the policies underlying the regulation of sexual services and goods and indicates some important conflicts: self-determination against human dignity, refusal of commodification of women's bodies against protection of sex workers, regulatory approach against prohibition. The analysis touches sensitive issues such as zoning, sexual tourism, private sexual practices, consumers of sex enhancers. The volume takes a legal-realistic approach trying to see the private law aspects of what was considered only as 'infamous commerce.'
ENGLISH

Sustainable Waste Trade Under Wto Law - Chances And Risks Of The Legal Frameworks' Regulation Of Transboundary Movements Of Wastes

by Mirina Grosz

457,13€ + 10% CARD

 Waste tends to be understood as the potentially polluting and unsolicited by-product of our daily lives, a source of risk for the environment and human health. Nonetheless, a transboundary market for wastes as valuable raw materials and second-hand goods has emerged, and states ship wastes to specialised disposal and recycling sites abroad.This book provides a thorough analysis of the Basel Convention and the applicable OECD and EU frameworks of regulation. The author adopts a legal approach that encompasses the environmental, human rights, and WTO law aspects of waste trade. It explores the potential of the concept of "sustainable development" to integrate divergent regulatory approaches under the umbrella of the WTO in particular, and identifies crucial elements of a more comprehensive and sustainable solution for international waste trade.

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