Trade Law Domestic Regulation And Development

Author : Joel P Trachtman
Publisher : World Scientific
Page : 466 pages
File Size : 49,7 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 : Pierre Sauve,Aaditya Mattoo
Publisher : World Bank Publications
Page : 244 pages
File Size : 45,6 Mb
Release : 2003-08-29
Category : Political Science
ISBN : 9780821383438

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Domestic Regulation and Service Trade Liberalization by Pierre Sauve,Aaditya Mattoo Pdf

Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 55,7 Mb
Release : 2011-11-01
Category : Juvenile Nonfiction
ISBN : 9781849805421

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Social Regulation in the WTO by Krista Nadakavukaren Schefer Pdf

'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

Author : BryanC. Mercurio
Publisher : Routledge
Page : 553 pages
File Size : 54,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351541183

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The Regulation of Services and Intellectual Property by BryanC. Mercurio Pdf

International rules on trade in services and intellectual property arenew additions to the multilateral trading system, but both have played an important role in the system since their entry. Accompanied by a detailed introduction, this volume contains essays which cover not only the law and jurisprudence of these topics but also the underlying economics and politics behind their incorporation into the multilateral system and continued prominence. The volume provides readers with a comprehensive overview of the development of these controversial and increasingly important areas of international trade law.

Author : Aik Hoe Lim,Bart De Meester
Publisher : Cambridge University Press
Page : 395 pages
File Size : 54,5 Mb
Release : 2014-03-13
Category : Business & Economics
ISBN : 9781107062351

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WTO Domestic Regulation and Services Trade by Aik Hoe Lim,Bart De Meester Pdf

Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.

Author : Yong-Shik Lee,Gary Horlick,Won-Mog Choi,Tomer Broude
Publisher : Cambridge University Press
Page : 459 pages
File Size : 54,6 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 : George A. Bermann,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 47 pages
File Size : 49,7 Mb
Release : 2007-08-20
Category : Law
ISBN : 9781139466066

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WTO Law and Developing Countries by George A. Bermann,Petros C. Mavroidis Pdf

Developing countries make up the majority of the membership of the World Trade Organization. Many developing countries believe that the welfare gains that were supposed to ensue from the establishment of the WTO and the results of the Uruguay Round remain largely unachieved. Coming on the heels of the 9/11 terrorist attacks, the ongoing Doha Development Round, launched in that Middle Eastern city in the fall of 2001, is now on 'life support'. It was inaugurated with much fanfare as a means of addressing the difficulties faced by developing countries within the multilateral trading system. Special and differential treatment provisions in the WTO agreement in particular are the focus of much discussion in the ongoing round, and voices for change are multiplying because of widespread dissatisfaction with the effectiveness, enforceability, and implementation of those special treatment provisions.

Author : Panagiotis Delimatsis
Publisher : Oxford University Press
Page : 376 pages
File Size : 44,5 Mb
Release : 2007-12-27
Category : Business & Economics
ISBN : UCSD:31822034689596

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International Trade in Services and Domestic Regulations by Panagiotis Delimatsis Pdf

This book examines the regulation of services within the WTO. It examines the problem of reconciling a liberal system of trade in services with national governments' ability to protect social values through service regulation. The book analyses the existing legal framework and assesses the potential of ongoing trade negotiations.

Author : M. J. Trebilcock,Robert Howse
Publisher : Psychology Press
Page : 640 pages
File Size : 55,6 Mb
Release : 1999
Category : Business & Economics
ISBN : 0415184975

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The Regulation of International Trade by M. J. Trebilcock,Robert Howse Pdf

Introduces the rules and institutions that govern international trade. This new edition has been fully up-dated to take account of the most recent developments.

Author : Wolfgang Weiß
Publisher : Unknown
Page : 500 pages
File Size : 46,9 Mb
Release : 2019-10-31
Category : Electronic
ISBN : 3406744109

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WTO Law and Domestic Regulation by Wolfgang Weiß Pdf

Author : Rhea Tamara Hoffmann,Markus Krajewski
Publisher : Springer Nature
Page : 279 pages
File Size : 44,8 Mb
Release : 2020-07-23
Category : Law
ISBN : 9783030469559

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Coherence and Divergence in Services Trade Law by Rhea Tamara Hoffmann,Markus Krajewski Pdf

This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.

Author : Markus Krajewski
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 52,6 Mb
Release : 2003
Category : Law
ISBN : UCSD:31822033036146

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National Regulation and Trade Liberalization in Services by Markus Krajewski Pdf

Like tariffs and other border measures, national regulatory barriers impede international trade. Unlike tariffs, however, such barriers usually indicate an important domestic policy choice. This 'conflict of interest' has emerged as a crucial issue in international law, particularly with regard to services, such as telecommunications and health services. This study is the first to analyze the potential impact of incompatibilities between national regulatory regimes and the rules and obligations imposed by the General Agreement on Trade in Services (GATS). In the process of arriving at his challenging concluding theses, the author investigates such relevant concepts as the following: the political and ideological dynamics of GATS negotiations services trade liberalization in regional integration systems, particularly in EC law policies common to diverse national regulatory systems the notions of 'deregulation' and 'privatization' the human rights implications of international trade law the GATS obligations of market access, national treatment, and most-favoured-nation treatment the role of the WTO's dispute settlement organs GATS transparency obligations Professor Krajewski's study is of enormous significance to specialists in regulatory policies and instruments at all national and sectoral levels, especially in the context of ongoing GATS negotiations. As the author warns: Unless GATS negotiators and national regulators have a thorough understanding of the relationship between GATS obligations and regulatory policies and instruments, they cannot effectively use the flexible elements of GATS and could reach an agreement which they may later regret.

Author : Michael J. Trebilcock,Joel Trachtman
Publisher : Edward Elgar Publishing
Page : 287 pages
File Size : 53,5 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 : Kern Alexander,Mads Tønnesson Andenæs
Publisher : BRILL
Page : 1025 pages
File Size : 53,7 Mb
Release : 2008
Category : Law
ISBN : 9789004162440

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The World Trade Organization and Trade in Services by Kern Alexander,Mads Tønnesson Andenæs Pdf

The World Trade Organisation plays the primary role in regulating international trade in goods, services and intellectual property. Traditionally, international trade law and regulation has been analysed primarily from the trade-in-goods perspective. Services are becoming an important competence for the WTO. The institutional, legal and regulatory influence of the General Agreement on Trade in Services (GATS) on domestic economic policymaking is attracting increasing attention in the academic and policymaking literature. The growing importance of services trade to the global economy makes the application of the GATS to trade in services an important concern of international economic policy. The GATS contains important innovations that build on the former GATT and existing WTO/GATT trade regime for goods. This book fills a void in the academic and policymaking literature by examining how the GATS governs international trade in services and its growing impact on the regulatory practice of WTO member states. It offers a unique discussion of the major is-sues confronting WTO member states by analysing the GATS and related international trade issues from a variety of perspectives that include law, political economy, regulation, and business. Moreover, the role of the WTO in promoting liberalised trade and economic development has come under serious strain because of the breakdown of the Doha Development Round negotiations. The book analyses the issues in the Doha services debate with some suggested policy approaches that might help build a more durable GATS framework. The book is a welcomed addition to the WTO literature and will serve as a point of reference for academics, policymakers andpractitioners.

Author : Neha Mishra
Publisher : Hart Publishing
Page : 0 pages
File Size : 41,5 Mb
Release : 2025-04-24
Category : Law
ISBN : 9781509961733

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International Trade Law and Global Data Governance by Neha Mishra Pdf

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level. Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy. As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.