Optimal Regulation and the Law of International Trade

Optimal Regulation and the Law of International Trade
Author: Boris Rigod
Publisher: Cambridge University Press
Total Pages: 321
Release: 2015-11-13
Genre: Business & Economics
ISBN: 1107116120

This book applies a law and economics methodology to enquire into the interface between regulation and international trade law.

Optimal Regulation and the Law of International Trade

Optimal Regulation and the Law of International Trade
Author: Boris Rigod
Publisher:
Total Pages: 267
Release: 2013
Genre: Foreign trade regulation
ISBN:

Background: Conflicts between domestic regulatory preferences and the law of the World Trade Organization (WTO) are numerous and a constant bone of contention. The list of regulatory objectives that potentially collide with the trade interests of other WTO members include subjects, such as human health, animal welfare and cultural diversity, to mention just a few. Aim: Against this backdrop, the question this thesis aims to answer is whether the law of the WTO on domestic regulation systematically obstructs or supports governments in attaining the optimal protection of societal and individual values. In other words, the thesis asks the question of whether the relevant WTO law is efficient. In order to provide a response to the main research question, it is necessary to address a number of sub-questions: (i) when are levels of regulation optimal?; (ii) why and under which conditions are levels of regulation distorted, i.e. sub-optimal?; (iii) why and under which conditions should member states' determination of the appropriate level of regulation be subjected to the disciplines set forth in international trade agreements?; and (iv) against this background, does WTO law allow governments to pursue optimal regulatory policies? Methodology: The present thesis' methodological approach is grounded on economic theory, and in particular the terms-of-trade approach to trade agreements. While standard microeconomic theory is applied so as to assess what optimal regulation actually, the terms-of-trade approach is used to explain when governments digress from optimal solutions and what role there is for international trade law in such cases. On this basis an analytical framework is provided which is applicable to all types of conflicts between WTO members' right to regulate and the disciplines to which they are committed under the regime of the WTO. Results: the two main results reported in the thesis are that (i) domestic regulatory measures should only be subject to scrutiny by WTO bodies when they cause negative international externalities through terms of trade manipulations; and that (ii) WTO law as applied by the WTO judiciary can, due to shortcomings in the interpretative approach, indeed prevent WTO members from attaining optimal levels of regulation.

The Regulation of International Trade

The Regulation of International Trade
Author: Robert Howse
Publisher: Routledge
Total Pages: 621
Release: 2005-08-08
Genre: Business & Economics
ISBN: 1134667493

The Regulation of International Trade 2nd Edition introduces the rules and institutions that govern international trade. The authors base their analysis on aspects of the subject from classic and contemporary literature on trade and political economy. This new edition has been fully updated to take account of the most recent developments in International Trade. New issues covered include: trade and competition trade and labour rights the Multilateral Agreement on Investment the Basic Telecoms and Financial Services WTO Agreements an analysis of the first three years of WTO dispute rulings, including those of Appelate Body. Drawing on the success of the earlier edition, this comprehensive and up to date text will be an invaluable guide to students of economics, law, politics and international relations.

The Regulation of International Trade

The Regulation of International Trade
Author: Michael J. Trebilcock
Publisher: Psychology Press
Total Pages: 780
Release: 2005
Genre: Commercial treaties
ISBN: 9780415700344

Fully updated, this new edition takes account of the most recent developments in international trade. Drawing on the success of the earlier edition, it provides a comprehensive introduction to the rules and institutions that govern international trade, including: competition, labor rights, the Multilateral Agreement of Investment, the Basic Telecoms and Financial Services World Trade Organization (WTO) Agreements, and an analysis of the first three years of WTO dispute rulings. Copyright © Libri GmbH. All rights reserved.

The Prospects of International Trade Regulation

The Prospects of International Trade Regulation
Author: Thomas Cottier
Publisher: Cambridge University Press
Total Pages: 535
Release: 2011-04-14
Genre: Law
ISBN: 1139501259

For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.

Advanced Introduction to International Trade Law

Advanced Introduction to International Trade Law
Author: Michael J. Trebilcock
Publisher: Edward Elgar Publishing
Total Pages: 287
Release: 2020-01-31
Genre: Law
ISBN: 1788971434

Written by two leading scholars with 60 years of collective experience in the area, this insightful updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key updates include references to the most recent cases, decisions and treaty negotiation developments, analysis of populist critiques of international trade law and analysis of new areas including digital trade and security exceptions.

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.'

International Trade Law Statutes and Conventions 2016-2018

International Trade Law Statutes and Conventions 2016-2018
Author: Indira Carr
Publisher: Routledge
Total Pages: 1317
Release: 2016-11-18
Genre: Law
ISBN: 1134845979

International Trade Law Statutes and Conventions 2016-2018 presents all the key legislation for international trade law in one student-friendly volume. Developed in response to feedback from lecturers and students, this book is: • up-to-date with the law: this book provides a fully current and comprehensive collection of legislation • tailored to course outlines: content has been curated to align with international trade law courses • exam friendly: conforming to regulations, this is an un-annotated text that is suitable for exam use • easy to use: a clear and attractive text design, detailed table of contents and multiple indices provides ease of reference and navigation Ideal for course and exam use, as well as for reference, this book is a perfect companion resource for student learning and exam success.

Trade in Goods

Trade in Goods
Author: Petros C. Mavroidis
Publisher: Oxford University Press
Total Pages:
Release: 2012-07-19
Genre: Law
ISBN: 0191636592

This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.