Law And Development Perspective On International Trade Law

Author : Yong-Shik Lee,Gary Horlick,Won-Mog Choi,Tomer Broude
Publisher : Cambridge University Press
Page : 459 pages
File Size : 53,6 Mb
Release : 2011-07-25
Category : Law
ISBN : 9781139499682

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Law and Development Perspective on International Trade Law by Yong-Shik Lee,Gary Horlick,Won-Mog Choi,Tomer Broude Pdf

Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.

Author : Yong-Shik Lee,Gary Horlick,Won-Mog Choi,Tomer Broude
Publisher : Cambridge University Press
Page : 458 pages
File Size : 44,5 Mb
Release : 2011-07-25
Category : Law
ISBN : 1107011612

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Law and Development Perspective on International Trade Law by Yong-Shik Lee,Gary Horlick,Won-Mog Choi,Tomer Broude Pdf

Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement, and regional initiatives. Although there are publications on trade and development issues, mostly discussing developing countries, few publications deal with law and development issues of international trade law comprehensively in its key areas. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore, and Israel.

Author : Joel P Trachtman
Publisher : World Scientific
Page : 466 pages
File Size : 48,6 Mb
Release : 2015-04-08
Category : Business & Economics
ISBN : 9789814635738

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Trade Law, Domestic Regulation And Development by Joel P Trachtman Pdf

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.'

Author : Markus W. Gehring,Marie-Claire Cordonier Segger
Publisher : Kluwer Law International B.V.
Page : 778 pages
File Size : 54,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123664

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Sustainable Development in World Trade Law by Markus W. Gehring,Marie-Claire Cordonier Segger Pdf

In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.

Author : Michael J. Trebilcock,Joel Trachtman
Publisher : Edward Elgar Publishing
Page : 287 pages
File Size : 42,9 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781788971430

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Advanced Introduction to International Trade Law by Michael J. Trebilcock,Joel Trachtman Pdf

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.

Author : Yong-Shik Lee
Publisher : Cambridge University Press
Page : 519 pages
File Size : 43,9 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781107098930

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Reclaiming Development in the World Trading System by Yong-Shik Lee Pdf

In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.

Author : Gregory Messenger
Publisher : Oxford University Press
Page : 241 pages
File Size : 55,8 Mb
Release : 2016
Category : Business & Economics
ISBN : 9780198716464

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The Development of World Trade Organization Law by Gregory Messenger Pdf

As one of the pillars of economic globalisation, the WTO is at the heart of a complex network of rules and institutions. This volume analyses WTO law in light of the influence of globalised actors, identifying causal language as an indispensible component in understanding the development of WTO law.

Author : Rumu Sarkar
Publisher : Unknown
Page : 478 pages
File Size : 43,8 Mb
Release : 2003
Category : Business & Economics
ISBN : STANFORD:36105063650258

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Transnational Business Law by Rumu Sarkar Pdf

In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar, whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. Transnational Business Law shows that the decisions and strategies of lawyers involved in the hectic daily routines of creating and executing cross-border transactions can serve the best interests not only of their businesses but of economic development as well. In essence, this is a classic international business transactions handbook, with the overarching dimension of development law added. It offers detailed principles for structuring transactions, negotiating the underlying finance and related documents, and navigating dispute resolution mechanisms. It provides annotated forms, negotiating exercises, hypothetical examples, and actual case summaries and analyses. It presents economic development issues as they arise in such areas of activity as the following: cross-border financing of goods and services, technology transfers, and intellectual capital; structuring cross-border transactions through private equity, corporate debt, and multilateral development bank financing; managing commercial risks; negotiating debt work-outs for non-performing loans; mitigating non-commercial risks through credit enhancement strategies such as obtaining political risk insurance; and contracting for arbitration or other dispute resolution methods. Important factors such as 'long-arm' U.S. law, international legal regulation of business conduct, and relevant underlying local law and local legal traditions are all brought to bear on the issues when appropriate. Transnational Business Law will be especially useful to practitioners in developing countries whose legal decisions in relation to cross-border transactions often involve critical economic and political ramifications. Through her detailed exploration of how international transactions unfold within the context of economic development, Professor Sarkar greatly enhances the growth of a commitment among the international business community to achieve mutually constructive ways to conduct business between developed and developing countries.

Author : B.C. Nirmal,Rajnish Kumar Singh
Publisher : Springer
Page : 625 pages
File Size : 45,6 Mb
Release : 2018-02-13
Category : Law
ISBN : 9789811062773

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Contemporary Issues in International Law by B.C. Nirmal,Rajnish Kumar Singh Pdf

This book explores the changing nature of international law and its ability to respond to the contemporary issues related to international environment, trade and information technology. The evolution of international law has reached a stage where we are witnessing diminishing power of the state and its capacity to deal with the economic matters challenging the existing notions of territory and sovereignty. Recent trends in international law and international relations show that states no longer have exclusive control over the decision-making process at the global level. Keeping this in mind, the book brings together the perspectives of various international and national scholars. The book considers diverse issues such as, sustainable development, climate change, global warming, Rio+20, technology transfer, agro-biodiversity and genetic resource, authority for protection of environment, human right to water, globalization, human rights, sui generis options in IP laws, impact of liberalization on higher education, regulation of international trade, intellectual property rights, collective administration of copyright, broadcast reproduction rights, implementation of copyright law, communication rights under copyright law, arbitration for IP disputes, doctrine of exhaustion of rights, trans-border reputation of trademark, information as an asset, cyber obscenity and pornography, e-governance, taxation of e-commerce, computer crime, information technology, domain names, research excellence in legal education, ideological perspective on legal education, challenges for law teachers, and clinical legal education. The topics, though diverse, are closely interrelated, with the common concern throughout being that the global environment, international trade, information technology and legal education need appropriate national normative and institutional responses as well as the global cooperation of members of the international community. Presenting reflections of a number of Asian, African and European scholars on these varied facets, the book is of great value to scholars, practitioners, teachers and students associated with contemporary international law.

Author : Andrew T. Guzman,Joost Pauwelyn
Publisher : Aspen Publishers
Page : 728 pages
File Size : 49,6 Mb
Release : 2009
Category : Business & Economics
ISBN : STANFORD:36105134461214

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International Trade Law by Andrew T. Guzman,Joost Pauwelyn Pdf

Covering all aspects of WTO law-including trade in goods, services, and TRIPs- International Trade Law offers a balance of positive and normative perspectives, integrating legal decisions with incisive analysis of the many challenges facing the

Author : Hercules Booysen
Publisher : Interlegal cc
Page : 925 pages
File Size : 43,9 Mb
Release : 2003
Category : Electronic
ISBN : 9780958418157

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Principles of International Trade Law as a Monistic System by Hercules Booysen Pdf

Author : Elisabeth Bürgi Bonanomi
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 48,8 Mb
Release : 2015-09-25
Category : Business & Economics
ISBN : 9781784717278

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Sustainable Development in International Law Making and Trade by Elisabeth Bürgi Bonanomi Pdf

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

Author : John D. Haskell,Akbar Rasulov
Publisher : Springer Nature
Page : 216 pages
File Size : 45,9 Mb
Release : 2019-12-10
Category : Law
ISBN : 9783030325121

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New Voices and New Perspectives in International Economic Law by John D. Haskell,Akbar Rasulov Pdf

This book brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. The book deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, international investment and international finance. While the volume still gives due recognition to the traditional theoretical project of international economic law, it invites the reader to extend the scope of disciplinary imagination to other, less commonly acknowledged questions of global economic governance such as food security, monetary unions, and international economic coercion. In addition to historically-focused and critical perspectives, the volume also includes a number of programmatic and forward-looking explorations, which makes it appealing to a broad audience with a variety of contrasting interests. Therefore, the volume is of particular interest to academics and postgraduate students in the fields of international law, international relations, international political economy, and international history.

Author : Daniel L. Bethlehem,Donald McRae,Rodney Neufeld,Isabelle Van Damme
Publisher : Oxford Handbooks
Page : 856 pages
File Size : 53,7 Mb
Release : 2009
Category : Law
ISBN : 9780199231928

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The Oxford Handbook of International Trade Law by Daniel L. Bethlehem,Donald McRae,Rodney Neufeld,Isabelle Van Damme Pdf

This book examines international trade law and its intersection with states and other aspects of the international system. It covers the economic and institutional context of the world trading system, substantive law of the WTO, dispute settlement, and the interaction between trade and other disciplines in international law.

Author : Yong-Shik Lee
Publisher : Routledge
Page : 335 pages
File Size : 43,8 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781000520835

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Law and Development by Yong-Shik Lee Pdf

The book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of "development" is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.