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This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.
Brazilian Foreign Policy in Changing Times contributes both empirically and theoretically to the study of international relations. The book illuminates Brazilian foreign policy in the democratic era, a subject scarcely touched on elsewhere. This book also offers a new conceptualization of the debate on the path to an autonomous foreign policy.
This book focuses on the rules-based multilateral trading system established by the World Trade Organization, with particular emphasis given to the rich and detailed jurisprudence developed by the WTO's Appellate Body. The book also devotes considerable attention to national laws operating in the shadow of the WTO system (such as antidumping and countervailing duty laws), and to interesting new developments associated with free trade agreements such as the USMCA. After introductory chapters on international economics, international law, and US constitutional and institutional issues relating to international trade regulation, the book explores the WTO's structure and takes a detailed look at its dispute settlement system. The heart of the book then treats the basic GATT rules on (i) trade liberalization (tariffs and quotas), (ii) non-discrimination (MFN and national treatment and the exceptions for FTAs, health and conservation), (iii) standards and (iv) trade remedies (safeguards, dumping and subsidies). Additional chapters cover trade in services, intellectual property issues and several other trade-related issues. The new 7th edition offers a basic understanding of the international economic system, the impact of international economic interdependence and the struggle of legal institutions to cope with this and other aspects of globalization.
Focuses on the rules-based multilateral trading system created by GATT, as greatly expanded and elaborated by the establishment of the World Trade Organization in 1995. Particular emphasis is given to the rich and detailed jurisprudence developed by the WTO's Appellate Body. Includes the impact of international economic interdependence and the struggle of legal institutions to cope with this and other aspects of globalization. Offers a basic understanding of the international economic system as it operates in real life, and as it is constrained or aided by a number of fundamental legal institutions, including national and international constitutional documents and processes.
The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.
When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.
Incorporates the Uruguay Round into the materials to the fullest extent possible. Includes the impact of international economic interdependence and the struggle of legal institutions to cope with that circumstance. Also offers a basic understanding of the international economic system as it operates in real life, and as it is constrained or aided by a number of fundamental legal institutions, including national and international constitutional documents and processes.