Trade Policy between Law, Diplomacy and Scholarship

Trade Policy between Law, Diplomacy and Scholarship
Title Trade Policy between Law, Diplomacy and Scholarship PDF eBook
Author Christoph Herrmann
Publisher Springer
Pages 418
Release 2015-06-20
Genre Law
ISBN 331915690X

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This book presents 22 topical contributions on international trade law and policy, with a particular focus on EU external trade law, addressing countries ranging from Ukraine to Switzerland and the US (TTIP) and aspects from trade and IPRs to anti-dumping. The volume constitutes a state-of-the-art treatment of the many facets of trade policy in the 21st century from legal, diplomatic and academic standpoints. The book is dedicated to the memory of Horst Günter Krenzler, former Director General for External Relations for the European Commission and Chief Negotiator for the European Union in many trade negotiations, honorary professor of European Union law at the University of Munich and an of counsel with Freshfields' Brussels office after retirement from the Commission.

The Trade Policy of the European Union

The Trade Policy of the European Union
Title The Trade Policy of the European Union PDF eBook
Author Sieglinde Gstöhl
Publisher Bloomsbury Publishing
Pages 243
Release 2017-11-25
Genre Political Science
ISBN 1350311537

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This comprehensive and clearly written textbook offers a long-awaited introduction to the trade policy of the European Union, the world's largest trading entity. Gstöhl and De Bièvre provide a comprehensive assessment of the common commercial policy, its relationship with other policies, like development policy, and of the EU's multi-level policy-making and international bargaining in this area. As well as providing a broad overview of the nature and development of the EU's trade policy, the authors analyse how relevant institutions and decision-making processes are organized and how this set-up fosters particular policy outcomes. Gstöhl and De Bièvre show how the thorough and critical study of EU trade policy can be conducted from an interdisciplinary viewpoint, enabling the student to tackle the ever-evolving political, economic, and legal questions that arise. Given the accessible writing, this book is recommended for both undergraduate and Master's students studying the EU and Europe in their Politics, International Relations, Economics or Law degrees, as well as those focusing on international trade policy.

WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion

WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion
Title WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion PDF eBook
Author Zaker Ahmad
Publisher BRILL
Pages 323
Release 2021-02-08
Genre Law
ISBN 9004446095

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The open access publication of this book has been published with the support of the Swiss National Science Foundation. In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.

Global Politics and EU Trade Policy

Global Politics and EU Trade Policy
Title Global Politics and EU Trade Policy PDF eBook
Author Wolfgang Weiß
Publisher Springer Nature
Pages 281
Release 2020-02-24
Genre Law
ISBN 3030345882

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This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.

The Future of Asian Trade Deals and IP

The Future of Asian Trade Deals and IP
Title The Future of Asian Trade Deals and IP PDF eBook
Author Kung-Chung Liu
Publisher Bloomsbury Publishing
Pages 317
Release 2019-11-28
Genre Law
ISBN 1509922784

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The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.

The European Union’s Trade Defence Modernisation Package

The European Union’s Trade Defence Modernisation Package
Title The European Union’s Trade Defence Modernisation Package PDF eBook
Author Patricia Trapp
Publisher Springer Nature
Pages 342
Release 2022-01-03
Genre Law
ISBN 3030913635

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Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.

The Agricultural Law of the EU

The Agricultural Law of the EU
Title The Agricultural Law of the EU PDF eBook
Author René Barents
Publisher Kluwer Law International B.V.
Pages 457
Release 2022-05-13
Genre Law
ISBN 940354421X

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European Monographs Series, Volume 9 This second and much-revised edition of the pre-eminent work on European Union (EU) agricultural law emphasises the sweeping changes that have led to the gradual expansion of the common agricultural policy to encompass the food chain as a whole. Although the new edition’s purpose and methodology remain the same, the author presents a completely new overview of the field as it now exists, including the effects of the latest reform measures up to 2021 and their implications for the future. Imparting in-depth awareness of the multifunctional character of agriculture today – its importance for environmental protection, preservation of biodiversity, public health, mitigation of climate change, and rural development, as well as its international obligations – the book provides matchless insight and clarifications on such critical legal details as the following: analysis of the Green Deal, the Farm to Fork Strategy, and the Biodiversity Strategy for 2030; extensive treatment of the TFEU provisions on agriculture and the impact of international legal instruments; clear and easily accessible treatment of the legislation on market and price policy, competition, and the agri-food chain; thorough analysis of administrative law aspects, in particular, the rights and obligations of operators in the framework of numerous subsidy arrangements and related topics such as sanctions and force majeure; and in-depth treatment of the importance of the general principles of EU law for legal protection. Given that about one-third of the EU’s budget is spent on agriculture – and that European legislation on agriculture is voluminous and complicated and case law is abundant – this well-organised and lucid exposition will be of immeasurable value to any practitioner asked to deal with a case involving agriculture anywhere in the EU. Academics aware of the growing intricacy of the field will welcome the author’s reflections on the meaning and significance of EU agricultural law.