International Economic Law And National Autonomy
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| Author | : Andrew D. Mitchell |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Australia |
| ISBN | : 9781785368165 |
Chapters relating to regulatory coherence or cooperation are becoming significant features in new preferential trade agreements, including the Trans-Pacific Partnership (TPP). While the existing literature has considered in detail the potential for harmonisation of standards or institutional cooperation and its impact on the regulatory autonomy of treaty parties, this chapter focuses on those elements of regulatory coherence that relate to domestic processes for the development of regulations. It examines whether the adoption of 'good regulatory practices' in accordance with the TPP will help to ensure that measures states enact to protect non-economic interests (such as the environment or public health) are consistent with other key obligations of international trade and investment law. Although many elements of good regulatory practice mirror the criteria used to distinguish legitimate regulatory measures from disguised protectionism, there is no guarantee that a tribunal will come to the same conclusions as those reached during a domestic regulatory impact assessment.
| Author | : Susy Frankel |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2010-10-14 |
| Genre | : Law |
| ISBN | : 1139491792 |
International commitments may sit uneasily with national pressures in the best of times. This age of economic uncertainty brings these tensions into sharper relief. This volume draws together thirteen analyses of this tension in a wide array of contexts, including each of the three main pillars of the World Trade Organization, international investment law and arbitration, and the international financial institutions. The essays feature internationally recognised experts addressing topical examples of international economic law obligations clashing with domestic political interests. For example, Professor Robert Howse, of New York University Law School, addresses issues of globalization and whether international and national interests can in today's world be considered separate, while Ko-Yung Tung, the former Director-General of the World Bank, looks at trends in investment treaty arbitration and considers what the future may hold in light of the recent financial crisis, the rise of China as an economic powerhouse, and other factors.
| Author | : Julien Chaisse |
| Publisher | : Oxford University Press |
| Total Pages | : 641 |
| Release | : 2016-08-11 |
| Genre | : Law |
| ISBN | : 0191084131 |
Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.
| Author | : Shin-yi Peng |
| Publisher | : Cambridge University Press |
| Total Pages | : 365 |
| Release | : 2021-10-14 |
| Genre | : Law |
| ISBN | : 1108957153 |
Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
| Author | : Trevor R. S. Allan |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 348 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780199267880 |
| Author | : Andrew D. Mitchell |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 259 |
| Release | : 2017-11-24 |
| Genre | : Law |
| ISBN | : 1785368176 |
Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.
| Author | : Meredith Kolsky Lewis |
| Publisher | : |
| Total Pages | : 332 |
| Release | : 2010 |
| Genre | : Commercial treaties |
| ISBN | : 9780511859557 |
"International commitments may sit uneasily with national pressures in the best of times. This age of economic uncertainty brings these tensions into sharper relief. This volume draws together thirteen analyses of this tension in a wide array of contexts, including each of the three main pillars of the World Trade Organization, international investment law and arbitration, and the international financial institutions. The essays feature internationally recognised experts addressing topical examples of international economic law obligations clashing with domestic political interests. For example, Professor Robert Howse, of New York University Law School, addresses issues of globalisation and whether international and national interests can in today's world be considered separate, while Ko-Yung Tung, former Director-General of the World Bank, looks at trends in investment treaty arbitration and considers what the future may hold in light of the recent financial crisis, the rise of China as an economic powerhouse, and other factors"--
| Author | : Henrik Horn |
| Publisher | : Cambridge University Press |
| Total Pages | : 381 |
| Release | : 2013-04-22 |
| Genre | : Law |
| ISBN | : 1107068002 |
The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947–8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.
| Author | : Moritz J. K. Blenk |
| Publisher | : Mohr Siebeck |
| Total Pages | : 595 |
| Release | : 2022-09-12 |
| Genre | : Law |
| ISBN | : 3161616405 |
Standardization is a classic form of rulemaking. Nonetheless, it is notoriously diffuse and gives rise to questions and debate; in particular over the standards' normativity, legitimacy and nature - whether public or private, national or international. Moritz J. K. Blenk applies a policy-orientated approach to international law to comparatively analyze the role of private rulemaking within the context of international economic integration in the World Trade Organization and the European Union. He thereby aims to elucidate the opaque phenomenon of private standardization from a legal perspective and, more profoundly, shed new light on economic integration.
| Author | : Peter Van den Bossche |
| Publisher | : Cambridge University Press |
| Total Pages | : 784 |
| Release | : 2005-06-10 |
| Genre | : Law |
| ISBN | : 9781139445559 |
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
