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Compares rule-making provisions in regional trade agreements with those of the WTO in ten specific areas: services, labour mobility, investment, competition policy, trade facilitation, government procurement, intellectual property rights, contingency protection, environment and rules of origin.
This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.
In the opinion of many, the most crucial issue confronting the world today lies in achieving a sustainable nexus among global trade, economic development, and the environment. This book, written by a prominent diplomat with extensive direct experience in this field, presents a much-needed critical perspective on the conflict of norms among the three policy regimes, focusing on the dilemma of reconciling approaches regarding harmonized global governance and a more diverse community-based approach. It is the first and only in-depth treatment to systematically study a series of deliberations in the World Trade Organization’s Committee on Trade and Environment (CTE), highlighting perspectives taken by both developed and developing economies. The book demonstrates that the CTE’s contributions to the evolving trade and environment policy framework have been, contrary to popular perception, both substantial and relevant. In his review of how the particular characteristics of twenty key work outputs of the CTE impact current practice in trade and environment policy discussions, the author discusses such key issues and topics as the following: a singular harmonized global governance framework versus the centrifugal force of community-based, localized or regional solutions that emphasize diversity and multifaceted institution building; drawbacks and continuing relevance of the CTE Work Agenda; issues related to carbon, intellectual property rights, and services; market access for environmental goods; requirements for environmental purposes relating to products, including standards and technical regulations, packaging, labeling, and recycling; and ways forward for combining global regimes with local solutions in an environmental context. Given the urgent need for making economic policies more coherent with sustainability and environmental goals, and for overcoming the ongoing stalemate between developed and developing countries on this matter, this book is sure to be warmly welcomed by policy makers and negotiators in the areas of both trade and environment, as well as by academics, theorists, and experts in the field of global governance interested in formulating practical approaches to trade and environment governance and minimizing potential policy conflicts.
International trade continues to expand robustly in East Asia and elsewhere, but global trade negotiations have collapsed and globalization is widely criticized. In this book, the participants of the thirtieth Pacific Trade and Development Conference—including the then-Director General of the World Trade Organization, and leading government officials, academics and executives from a dozen major Pacific Rim economies—debate whether global negotiations have ended once and for all, or are suffering temporarily from ‘globalization fatigue;’ whether East Asia’s new regional partnerships will advance or undermine the global trading system; and whether the region’s trade tensions with the United States will intensify or subside. They provide new empirical evidence on how trade affects the distribution of income, the location of pollution-intensive industries, the causes of ‘outsourcing,’ the structure of the intellectual property regime, and international security. And they probe the implications of adjustment to globalization: how can countries reap the benefits of trade while controlling the risks faced by the poor and, perhaps more importantly, the politically strong? Challenges to the Global Trading System is an invaluable resource for students and scholars of Asia-Pacific studies, international relations and development studies, as well as those with a more general interest in Asian studies.
This report examines various cases to analyze the use of trade measures in environmental agreements and assembles a series of common issues and lessons learned.
This book is a comprehensive, up-to-date Casebook covering both US domestic law and the international law and institutions of international trade with full coverage of trade in goods, services, technology trade, and foreign direct investment. Thanks to its manageable size, problem-based presentation, and accessible writing style, International Trade Law is one of the most comprehensive and student-friendly trade law texts on the market. With more than 70 principal cases, it is the only international trade casebook that systematically covers all GATT articles and WTO side agreements, and offers clear explanations of how WTO obligations are implemented in the U.S. and the EU. New to the Fourth Edition: Takes fully into account the tumultuous changes in international trade during the Trump and Biden administrations. Emphasis is on US domestic trade law, including protection of national security, section 301 of the Trade Act of 1974, and Safeguard. Full coverage of the US-Mexico-Canada Trade Agreement that became effective in 2020. Full coverage of US customs law, export controls, and US remedies for unfair trade, dumping and subsidies. Full coverage of the US-China trade war. Coverage of World Trade Organization trade agreements such as the General Agreement on Tariffs and Trade (GATT) as well as GATT and WTO jurisprudence. Clear explanation of international trade economics. Covers not only trade in goods but also additional channels of trade, including services, foreign direct investment, and technology trade and intellectual property. Treatment of the relationship between trade and civil society issues such as labor and the environment. Manageable size, about 800 pages, yet comprehensive in scope. Professors and students will benefit from: Comprehensive, but concise coverage of WTO law and US free trade Agreements Coverage of all WTO agreements More than 70 principal trade cases and pithy and concise notes
Examining institutions rather than themes, this book provides a comprehensive survey of the inter-relationship between trade-induced economic growth and the environment and its impact on the global quest for sustainable development. Covering contemporary developments on both a global and regional level in a systematic fashion and examining the United Nation‘s approach to sustainable development, it is of interest to a range of disciplines.
This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
'The book is an excellent introduction to understanding the principal trade disputes between the United States and EU over the last decade and a half.' - International Trade Law and Regulation This book provides a critical overview and assessment of the WTO's dispute settlement procedures in the context of several recent trade-related disputes between the EU and the US.