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The publication of Frederick Abbott's new book could not be more timely. The impact of the NAFTA on the North American marketplace has clearly manifested itself over the past year and the emergence of the World Trade Organization (WTO) as the regulator of global commerce will have a profound influence on the conduct of international trade. This book provides a comprehensive approach to the study of the NAFTA and its implications for the global trading system. It covers the political and legal process of NAFTA approval as well as the NAFTA's potential economic impact. Detailed analysis is given to the NAFTA rule systems, dispute settlement mechanisms, and environmental implications. Perhaps most importantly, this book situates the NAFTA into the broader global multilateral trading system now to be embodied in the WTO. It examines the legal rules of the WTO designed to regulate the activities of regional integration arrangements. It considers the potential for conflict between the rules and trade policies of the WTO and those of the NAFTA. This book holds a strong appeal for practitioners and academics interested in international economic law. This book is the first volume in the new NAFTA LAW AND POLICY series. This series will include high-quality studies of different aspects of NAFTA, including legal analysis and commentary on the Agreement. Among the numerous areas that will be covered in the series are NAFTA topics as diverse as agriculture, dispute settlement, environment, intellectual property rights, investment, and labour.
Groundbreaking comparative analysis of governance systems and institutional choices in different regional and international organizations.
This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.
The North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) are the first major multilateral treaties to impose obligations on governments concerning the protection and treatment of foreign investments. These obligations are enforceable by private companies. NAFTA and the ECT examines the effectiveness of the investment rules of these treaties and analyses the mechanisms adopted to enhance compliance, and to facilitate the implementation and enforcement of the relevant rules and regulations. Coverage of this work includes: a conceptual analysis of the precise meaning and theoretical foundation of compliance, implementation, and effectiveness; an examination of issues of direct effect and direct international responsibility in terms of the practical question of the treaties' impact on the domestic regimes of states; an exploration of the issues of transparency and monitoring to achieve enhanced compliance; and a close look at a number of key links in the field andndash; between the investment rules and the workings of national legal and governmental systems, between national and international law, between different disciplines involved (international law, international relations, international politics, and economics), and between transparency and compliance monitoring. NAFTA and the ECT also offers several helpful features, including results from a questionnaire-based survey circulated to the main players in the realm of foreign investment which offer unique insights on the prevalent perception of the industry towards NAFTA and the ECT; and original suggested provisions and frameworks which would enhance the effectiveness of the investment rules. The thought-provoking issues probed and conclusions reached and the interdisciplinary and comparative approach taken make NAFTA and the ECT a compelling new resource for academics, policymakers, and others interested in the effectiveness of international investment agreements and the tools employed in their implementation and enforcement.
There are investment aspects of the North American Free Trade Agreement (NAFTA) which considerably enhance the opportunities for foreign investment among the signatories, while at the same time improving the security of such investment. NAFTA reflects the Parties' recognition that liberalization of host country investment restrictions is as important as the elimination of trade barriers. With the assistance of such high caliber contributors as Roberto Mayorga, Kent S. Foster, Preston Brown, and Dr. Jorge Witker, the book analyses both the advantages and disadvantages of this policy upon the investment climate within the countries of the various signatories. This book is the second volume in Kluwer's NAFTA Law and Policy Series, publishing high-quality studies on different aspects of NAFTA, including legal analysis and commentary on the Agreement. Among the numerous areas that are to be covered in the series are topics as diverse as agriculture, dispute settlement, environment, intellectual property rights, investment, and labour.
The WTO Agreements are rewriting the rules of economic intercourse between countries and forging a multilateral framework for world trade. This text presents the provisions in non-technical language, seeking not to detract from their legal precision. It explains technical terms, gives examples where appropriate and links widely-scattered provisions in the Agreements where they are connected in their operation. The guide seeks to be useful to both those who are not yet acquainted with the subject and to those still needing clarification of certain concepts, ideas and general provisions. It aims to foster an understanding of WTO Agreements, to help countries to know their rights and obligations, and industry and trade bodies to know the parameters within which they now operate.
Regional economic arrangements such as free trade areas (FTAs), customs unions, and currency blocs, have become increasingly prevalent in the world economy. Both pervasive and controversial, regionalization has some economists optimistic about the opportunities it creates and others fearful that it may corrupt fragile efforts to encourage global free trade. Including both empirical and theoretical studies, this volume addresses several important questions: Why do countries adopt FTAs and other regional trading arrangements? To what extent have existing regional arrangements actually affected patterns of trade? What are the welfare effects of such arrangements? Several chapters explore the economic effects of regional arrangements on patterns of trade, either on price differentials or via the gravity model on bilateral trade flows. In addition, this book examines the theoretical foundation of the gravity model. Making extensive use of the gravity model of bilateral trade, several chapters explore the economic effects of regional arrangements. In addition, this book examines the theoretical foundation of the gravity model.
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.
International Law and Institutions is a component of Encyclopedia of Institutional and Infrastructural Resources in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The main role of international law is to promote global peace and prosperity. Ideally, international law and its accompanying institutions act as a balm to smoothen and rationalize opposing interests that nations may have. This theme on International Law and Institutions addresses International Legal and Economic Issues: Globalization and the Struggle for Local Control and International Environmental Law, which are then expanded into multiple subtopics, each as a chapter. This volume is aimed at the following five major target audiences: University and College students Educators, Professional practitioners, Research personnel and Policy analysts, managers, and decision makers and NGOs.
Investment treaties grant protection to foreign investors and are increasingly important in planning, executing and managing international investments. This book explains the nature, history, and significance of investment treaties and their impact on international investors and investments, and governments that are parties to them.