International Trade Law and Domestic Policy
Title | International Trade Law and Domestic Policy PDF eBook |
Author | Jacqueline D. Krikorian |
Publisher | UBC Press |
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the classic division in political science between these two fields of study, though suitable in the postwar era, is outdated in the context of a globalized world.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
Title | The Impact of International Law on International Cooperation PDF eBook |
Author | Eyal Benvenisti |
Publisher | Cambridge University Press |
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.
U.S. Trade Policy
Title | U.S. Trade Policy PDF eBook |
Author | William Anthony Lovett |
Publisher | M.E. Sharpe |
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
Title | Trade Law, Domestic Regulation And Development PDF eBook |
Author | Joel P Trachtman |
Publisher | World Scientific |
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.'
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
Title | The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes PDF eBook |
Author | Zena Prodromou |
Publisher | Kluwer Law International B.V. |
Pages | 324 |
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.
International Trade Theory and Policy
Title | International Trade Theory and Policy PDF eBook |
Author | Giancarlo Gandolfo |
Publisher | Springer Science & Business Media |
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.
WTO Domestic Regulation and Services Trade
Title | WTO Domestic Regulation and Services Trade PDF eBook |
Author | Aik Hoe Lim |
Publisher | Cambridge University Press |
Pages | 395 |
Release | 2014-03-13 |
Genre | Business & Economics |
ISBN | 1107062357 |
Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.