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This publication brings together a series of working papers that Member countries’ trade and competition authorities have considered during the past two years. They analyse issues at the interface of trade and competition.
The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.
Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law. Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.
This new book highlights the multifaceted effects of regional trade agreements and outlines the strategic options for EU trade policy. It points out what is new about this most recent phase of regionalism and analyzes the effects on economic welfare and trade transaction costs. The authors draw upon elements of game theory to explore a self-reinforcing mechanism that is resulting in a potentially damaging race for markets. They focus in particular on the multiple impacts of regionalism on the WTO and the multilateral trading order. The book arrives at an opportune time, as the Doha Round is reaching a critical phase.
With protectionist sentiment and economic nationalism on the rise, international trade and how it is governed is at the heart of some of the most important contemporary economic and political debates. Comprehensive and clear, this book skilfully outlines and analyses the dynamics of trade in the 21st century. Ken Heydon examines three broad themes: the nature and distribution of the gains from trade, the institutional and governance framework of the international trade system, and the contentious practical issues confronting policy-makers across the world. He considers pressing contemporary debates surrounding issues ranging from agriculture and food security to the links between trade and environment protection, core labour standards and intellectual property rights. He demonstrates the importance of a change of mindset in terms of how we see trade policy: it should not, he argues, be simply a question of international negotiation, but also a key component of sound domestic economic management. In short, we need to put commerce in context. Drawing on the author’s experience as a policy practitioner, trade policy analyst and teacher, the volume is informed by an extensive analysis of the literature and by relevant case studies. It is designed for students and scholars of international political economy and trade policy, trade officials, and the general public.
Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.
How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.
International Merger Policy offers a compelling comparative assessment of domestic and regional merger laws and procedures. Identifying important areas of convergence and emerging best practice, it considers existing levels of international cooperation
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.
In the run-up to the November 1999 WTO Ministerial in Seattle, this conference proceedings explored the various options towards better coherence between trade and competition policies.