International Trade Law and Domestic Policy

International Trade Law and Domestic Policy
Author: Jacqueline D. Krikorian
Publisher: UBC Press
Total Pages: 323
Release: 2012-05-25
Genre: Law
ISBN: 0774823097

Critics of the World Trade Organization argue that its binding dispute settlement process imposes a neoliberal agenda on member states. If this is the case, why would any nation agree to participate? Jacqueline Krikorian explores this question by examining the impact of the WTO’s dispute settlement mechanism on domestic policies in the United States and Canada. She demonstrates that the WTO’s ability to influence domestic arrangements has been constrained by three factors: judicial deference, institutional arrangements, and strategic decision making by political elites in Ottawa and Washington. By bringing the insights of law and politics scholarship to bear on a subject matter traditionally addressed by international relations scholars, Krikorian shows that the classic division in political science between these two fields of study, though suitable in the postwar era, is outdated in the context of a globalized world.

The Impact of International Law on International Cooperation

The Impact of International Law on International Cooperation
Author: Eyal Benvenisti
Publisher: Cambridge University Press
Total Pages: 336
Release: 2004-09-02
Genre: Law
ISBN: 9781139456067

This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.

The Domestic Politics of Negotiating International Trade

The Domestic Politics of Negotiating International Trade
Author: Johanna von Braun
Publisher: Routledge
Total Pages: 299
Release: 2012-03-29
Genre: Law
ISBN: 1136582800

The Domestic Politics of International Trade considers the issues surrounding intellectual property rights in international trade negotiations in order to examine the challenges posed to domestic policy-makers by the increasingly broad nature of Free Trade Agreements (FTAs). Throughout the book the author demonstrates the importance of domestic politics in understanding the nature and outcome of international negotiations, particularly as they relate to international economic diplomacy. The book looks in detail at the intellectual property negotiations which formed part of the US-Peru and US-Colombia Free Trade Agreements and analyses the extent to which public health authorities and other parties affected by the increased levels of intellectual property protection were integrated into the negotiation process. The book then juxtaposes these findings with an analysis of the domestic origins of US negotiation objectives in the field of intellectual property, paying particular attention to the role of the private sector in the development of these objectives. Based on a substantial amount of empirical research, including approximately 100 interviews with negotiators, capital based policy-makers, private sector representatives, and civil society organisations in Lima, Bogotá and Washington, DC, this book offers a rare account of different stakeholders’ perceptions of the FTA negotiation process. Ultimately, the book succeeds in integrating the study of domestic politics with that of international negotiations. This book will be of particular interest to academics as well as practitioners and students in the fields of international law, economic law, intellectual property, political economy, international relations, comparative politics and government.

U.S. Trade Policy

U.S. Trade Policy
Author: William Anthony Lovett
Publisher: M.E. Sharpe
Total Pages: 244
Release: 1999
Genre: Business & Economics
ISBN: 9780765603241

A critical review of recent U.S. trade policies that have failed to enforce sufficient reciprocity and overall trade balance, with suggestions for policies that foster a more balanced and realistic pattern of world trade growth.

Trade Law, Domestic Regulation And Development

Trade Law, Domestic Regulation And Development
Author: Joel P Trachtman
Publisher: World Scientific
Total Pages: 466
Release: 2015-04-08
Genre: Business & Economics
ISBN: 9814635731

Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development.In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, 'The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune.'

Reconciling Trade and Climate

Reconciling Trade and Climate
Author: Tracey Epps
Publisher: Edward Elgar Publishing
Total Pages: 289
Release: 2010-01-01
Genre: Political Science
ISBN: 184980902X

This book provides a comprehensive examination of the legal and policy interactions between international trade and measures to forestall climate change. Epps and Green cover all major aspects of the current debate and are especially attentive to the connection to economic development and poverty alleviation. The last chapter provides a creative and thoughtful menu of policy initiatives that could be undertaken in the World Trade Organization or in the UN Climate Change regime.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-08-12
Genre: Law
ISBN: 9403520019

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Big Data and Global Trade Law

Big Data and Global Trade Law
Author: Mira Burri
Publisher: Cambridge University Press
Total Pages: 407
Release: 2021-07-29
Genre: Business & Economics
ISBN: 110884359X

An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

International Trade Theory and Policy

International Trade Theory and Policy
Author: Giancarlo Gandolfo
Publisher: Springer Science & Business Media
Total Pages: 669
Release: 2013-08-13
Genre: Business & Economics
ISBN: 3642373143

In the present text the author deals with both conventional and new approaches to trade theory and policy, treating all important research topics in international economics and clarifying their mathematical intricacies. The textbook is intended for undergraduates, graduates and researchers alike. It addresses undergraduate students with extremely clear language and illustrations, making even the most complex trade models accessible. In the appendices, graduate students and researchers will find self-contained treatments in mathematical terms. The new edition has been thoroughly revised and updated to reflect the latest research on international trade.

Handbook on International Trade Policy

Handbook on International Trade Policy
Author: William Alexander Kerr
Publisher: Edward Elgar Publishing
Total Pages: 564
Release: 2007
Genre: Political Science
ISBN: 9781847205469

'This book obtains its broad expertise by pulling together expertise from a wide range of experts in the way that each chapter is written by authors specialized in the topic addressed. . . This Handbook on international trade policy is a good summary of theories, policy instruments and their effects and is written in an understandable manner. Most parts are suited for students and those who want to start understanding international trade policy. It is also useful for researchers, policy-makers and practitioners looking for quick guidance on different topics in international trade policy. The clear structure of the book organized by topics allows for a quick and easy reference.' – Martin Grass, Quarterly Journal of International Agriculture The Handbook on International Trade Policy is an insightful and comprehensive reference tool focusing on trade policy issues in the era of globalization. Each specially commissioned chapter deals with important international trade issues, discusses the current literature on the subject, and explores major controversies. The Handbook also directs the interested reader to further sources of information. The expert contributors cover both traditional and more current concerns including: • history of thought on trade policy • the development of multilateral organizations such as the World Trade Organization • border restrictions and subsidies • regional trade agreements • trade and the environment • animal, plant and food safety measures • international protection of intellectual property and sanctions. Presenting a broad and state-of-the-art perspective on the topic, this highly accessible Handbook will prove an invaluable resource to researchers, academics, policymakers and practitioners concerned with international trade policy.