Public Policy In International Economic Law

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Public Policy in International Economic Law

Author : Diane A. Desierto
Publisher : Oxford University Press, USA
Page : 449 pages
File Size : 46,5 Mb
Release : 2015
Category : Law
ISBN : 9780198716938

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Public Policy in International Economic Law by Diane A. Desierto Pdf

States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

International Economic Law

Author : Ignaz Seidl-Hohenveldern
Publisher : Kluwer Law International B.V.
Page : 320 pages
File Size : 46,6 Mb
Release : 1999-09-29
Category : Business & Economics
ISBN : 9789041112194

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International Economic Law by Ignaz Seidl-Hohenveldern Pdf

This is the third revised edition of International Economic Law, which was first published in 1989, and based on a General Course held by the author at The Hague Academy of International Law in 1986. The success of both the first and second editions have proven this work to be a standard textbook on international economic law which has been widely used and studied. This third edition takes account of some of the new developments in international economic law, such as the ramifications of the Internet. The comprehensive analysis of all rules of public international law having direct influence on economic relations has been maintained and elaborated. Special attention is paid to the claims for a new international economic order, the extraterritorial reach of domestic legislation, the effects of nationalization, the protection of the environment, state immunity and economic welfare.

International Economic Law and Governance

Author : Julien Chaisse,Tsai-yu Lin
Publisher : Oxford University Press
Page : 624 pages
File Size : 49,5 Mb
Release : 2016-07-21
Category : Law
ISBN : 9780191084126

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International Economic Law and Governance by Julien Chaisse,Tsai-yu Lin Pdf

Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.

The World Trading System

Author : John Howard Jackson
Publisher : MIT Press
Page : 464 pages
File Size : 54,8 Mb
Release : 1997
Category : Business & Economics
ISBN : 0262600277

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The World Trading System by John Howard Jackson Pdf

Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.

Research Handbook in International Economic Law

Author : Andrew T. Guzm¾n,A. O. Sykes
Publisher : Edward Elgar Publishing
Page : 633 pages
File Size : 54,7 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9781847204233

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Research Handbook in International Economic Law by Andrew T. Guzm¾n,A. O. Sykes Pdf

This major new work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.

International Economic Law

Author : Colin Picker,Isabella D Bunn,Douglas Arner
Publisher : Bloomsbury Publishing
Page : 344 pages
File Size : 42,7 Mb
Release : 2008-04-08
Category : Law
ISBN : 9781847314185

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International Economic Law by Colin Picker,Isabella D Bunn,Douglas Arner Pdf

'Bretton Woods' has become shorthand for the post-war international financial and economic framework. Mindful of the historic 1944 conference and its legacy for the discipline of international economic law, the American Society of International Law's International Economic Law Group (IELG) chose Bretton Woods as the venue for a landmark scholarly meeting. In November of 2006, a diverse group of academics and practitioners gathered to reflect on the past, present and future of international economic law. They sought to survey and advance three particular areas of endeavour: research and scholarship, teaching, and practice/service. This book represents an edited collection of some of the exceptional papers presented at the conference including contributions from Andreas Lowenfeld, Joel Trachtman, Amelia Porges and Andrew Lang. The volume is organised into three parts, each covering one of the three pillars in the discipline of international economic law: research and scholarship; teaching; and practice/service. It begins with an assessment of the state and future of research in the field, including chapters on questions such as: what is international economic law? Is it a branch of international law or of economic law? How do fields outside of law, such as economics and international relations, relate to international economic law? How do research methodologies influence policy outcomes? The second part examines the state and future of teaching in the subject. Chapters cover topics such as: how and where is international economic law taught? Is the training provided in the law schools suitable for future academics, government officials, or practitioners? How might regional shortcomings in academic resources be addressed? The final part of the book focuses on the state and future of international economic law practice in the Bretton Woods era, including institutional reform. The contributors consider issues such as: what is the nature of international economic law practice? What are the needs of practitioners in government, private practice, international and non-governmental organisations? Finally, how have the Bretton Woods institutions adapted to these and other challenges-and how might they better respond in the future? International Economic Law: The State and Future of the Discipline will be of interest to lawyers, economists and other professionals throughout the world-whether in the private, public, academic or non-governmental sectors-seeking both fresh insights and expert assessments in this expanding field. Indeed, the book itself promises to play a role in the next phase of the development of international economic law.

Elgar Encyclopedia of International Economic Law

Author : Thomas Cottier,Krista Nadakavukaren Schefer
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2017
Category : Foreign trade regulation
ISBN : 1784713538

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Elgar Encyclopedia of International Economic Law by Thomas Cottier,Krista Nadakavukaren Schefer Pdf

"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--

Grey Zones in International Economic Law and Global Governance

Author : Daniel Drache,Lesley A. Jacobs
Publisher : UBC Press
Page : 320 pages
File Size : 43,5 Mb
Release : 2018-11-14
Category : Law
ISBN : 9780774838566

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Grey Zones in International Economic Law and Global Governance by Daniel Drache,Lesley A. Jacobs Pdf

Since the 2008 economic meltdown, market-driven globalization has posed new challenges for governments. This volume introduces the concept of “grey zones” of global governance, where state policy and market behaviour interact with respect to trade, the environment, food security, and investment. Grey zones allow for the bending of international rules, which both promotes uniformity in many areas of public life and facilitates diverse forms of capitalism in market societies, enabling governments to balance national and global economic benefits. This exploration of local engagement with international economic law offers an innovative way to interpret public concerns about trade, investment, food security, green energy, subsidies, and anti-dumping actions.

Canadian Foreign Policy and International Economic Regimes

Author : A. Claire Cutler,Mark W. Zacher
Publisher : UBC Press
Page : 440 pages
File Size : 41,8 Mb
Release : 1992
Category : Business & Economics
ISBN : 9780774804042

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Canadian Foreign Policy and International Economic Regimes by A. Claire Cutler,Mark W. Zacher Pdf

As the world economy is becoming increasingly global in nature, thefuture of Canada's welfare will directly depend on thecountry's response and reaction to a wide range of economic regimeswhich govern the international economy. This volume is an important andtimely analysis of past and current Canadian policies toward both theformal and less formal arrangements which regulate such areas asinternational trade and financial transactions, international serviceindustries, fisheries resources, and the environment. Often influencedby domestic political concerns and its relations with the UnitedStates, Canada has, as the authors point out, exhibited a high degreeof variation in its responses to these regimes. Canadian Foreign Policyand International Economic Regimes addresses a broad range of foreigneconomic policies not generally considered in the foreign policyliterature. Interdisciplinary in its approach, it will be of interestto those in political science and public policy, economics, and law, aswell as to those involved in international business.

International Economic Law in the 21st Century

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 574 pages
File Size : 52,5 Mb
Release : 2012-07-24
Category : Law
ISBN : 9781847319814

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International Economic Law in the 21st Century by Ernst-Ulrich Petersmann Pdf

The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

Research Handbook on Global Justice and International Economic Law

Author : John Linarelli
Publisher : Edward Elgar Publishing
Page : 366 pages
File Size : 52,6 Mb
Release : 2013-09-30
Category : Law
ISBN : 9781782549055

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Research Handbook on Global Justice and International Economic Law by John Linarelli Pdf

The fairness of institutions of global economic governance ranks among the most pressing issues of our time.

Principles of International Economic Law, 3e

Author : Matthias Herdegen
Publisher : Oxford University Press
Page : 657 pages
File Size : 41,6 Mb
Release : 2024-07-04
Category : Business & Economics
ISBN : 9780198897835

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Principles of International Economic Law, 3e by Matthias Herdegen Pdf

Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers areas of growing relevance in international economic law, including corporate social responsibility, challenges for WTO law, the impact of human rights and environmental law, and cryptocurrencies.

The Politics of International Economic Law

Author : Tomer Broude,Marc L. Busch,Amelia Porges
Publisher : Cambridge University Press
Page : 389 pages
File Size : 41,6 Mb
Release : 2011-03-07
Category : Law
ISBN : 9781139499125

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The Politics of International Economic Law by Tomer Broude,Marc L. Busch,Amelia Porges Pdf

How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.

International Economic Law

Author : Mariela de Amstalden,Niall Moran,Henok Asmelash
Publisher : Springer Nature
Page : 358 pages
File Size : 48,7 Mb
Release : 2024-01-13
Category : Law
ISBN : 9783031419966

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International Economic Law by Mariela de Amstalden,Niall Moran,Henok Asmelash Pdf

This volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance. In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and “classic” areas of IEL. We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.

Sovereign Rules and the Politics of International Economic Law

Author : Marc Froese
Publisher : Routledge
Page : 222 pages
File Size : 46,5 Mb
Release : 2018-03-20
Category : Political Science
ISBN : 9781351115568

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Sovereign Rules and the Politics of International Economic Law by Marc Froese Pdf

How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law – introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.