Download or read book International Trade Law and Domestic Policy written by Jacqueline D. Krikorian and published by UBC Press. This book was released on 2012-05-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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the classic division in political science between these two fields of study, though suitable in the postwar era, is outdated in the context of a globalized world.
Download or read book The Impact of International Law on International Cooperation written by Eyal Benvenisti and published by Cambridge University Press. This book was released on 2004-09-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Trade Law and Domestic Policy written by Jacqueline Krikorian and published by UBC Press. This book was released on 2012 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics of the World Trade Organization argue that its binding dispute settlement process imposes a neoliberal agenda on its member states with little to no input from their citizenry or governments. If this is the case, why would any nation agree to participate? In International Trade Law and Domestic Policy, 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. In this groundbreaking assessment of whether supranational courts are now setting the legislative agenda of sovereign nations, Krikorian brings the insights of law and politics scholarship to bear on a subject matter traditionally addressed by international relations scholars. By doing so, she shows that the classic division between these two fields of study in the discipline of political science, though suitable in the postwar era, is outdated in the context of a globalized world.
Download or read book International Trade Law and Domestic Policy written by Jacqueline D. Krikorian and published by UBC Press. This book was released on 2012-05-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trade Law Domestic Regulation And Development written by Joel P Trachtman and published by World Scientific. This book was released on 2015-04-08 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.'
Download or read book U S Trade Policy written by William A. Lovett and published by Routledge. This book was released on 2015-02-24 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lovett (Tulane Law School), Eckes (a former commissioner of the U.S. International Commission during the Reagan and Bush I administrations), and Brinkman (international economics, Portland State U.) evaluate the evolution of U.S. trade policy, focusing on the period from the establishment of the Gen
Download or read book The Regulation of International Trade written by Robert Howse and published by Routledge. This book was released on 2005-08-08 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Regulation of International Trade 2nd Edition introduces the rules and institutions that govern international trade. The authors base their analysis on aspects of the subject from classic and contemporary literature on trade and political economy. This new edition has been fully updated to take account of the most recent developments in International Trade. New issues covered include: trade and competition trade and labour rights the Multilateral Agreement on Investment the Basic Telecoms and Financial Services WTO Agreements an analysis of the first three years of WTO dispute rulings, including those of Appelate Body. Drawing on the success of the earlier edition, this comprehensive and up to date text will be an invaluable guide to students of economics, law, politics and international relations.
Download or read book Legal and Economic Principles of World Trade Law written by Gene M. Grossman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary objective of most trade agreements is to restrain members' use of trade policies for protectionist purposes. But it would be pointless to restrict the application of border instruments without regulating the possible use of domestic policies for protectionist purpose. To this end, most agreements include an obligation for National Treatment (NT) of foreign products. The NT provision in the GATT appears in Art. III, which applies to most government actions that have impact trade. It requires that imported products be treated as favorably by domestic policy as similar, indigenous products. This study offers suggestions based on legal and economic analysis about how this vaguely-formulated provision ought to be interpreted. The study first examines the purposes of Art. III, as it appears from an economic point of view, as well as from its negotiating record. It also examines the case law, arguing that the absence of a coherent methodology implies that it is often unclear whether case law interpretations of the key terms promote the intended objectives of the provision. The study then identifies two alternative approaches that might be used to interpret Art. III, and its interplay with the general exceptions clause in Art. XX GATT. The first approach only requires that the products are in sufficiently close potential or actual competition in the market, in a case where an imported product is given a less favourable treatment than a domestic product. The second approach requires additionally that the importing country has no policy rationale other than protectionism for treating the two products differently. The main difference between the two approaches is that under the former, the protectionism test occurs if/when an Art. XX exception is requested, while the latter approach mandates that the protectionism test should be performed as part of the evaluation of the alleged violation of Art. III. As discussed in the study, the second, and favored, approach provides a more permissive regime for domestic policy instruments.
Download or read book Trade Law written by Emily C. Barbour and published by DIANE Publishing. This book was released on 2010 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. trade obligations derive from international trade agreements, including the General Agreement on Tariffs and Trade (GATT), the other World Trade Organization (WTO) agreements, and additional bilateral and regional trade agreements, as well as domestic laws intended to implement those agreements or effectuate U.S. trade policy goals. This report provides an overview of both sources of U.S. trade obligations, focusing on a select group of agreements, provisions, and statutes that are most commonly implicated by U.S. trade interests and policy. This report is not intended as a comprehensive review of trade law. It is an introductory overview of the legal framework governing trade-related measures.
Download or read book U S Constitutional Law Principles and Foreign Trade Law and Policy written by John Howard Jackson and published by . This book was released on 1991 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Politics in a Global Economy written by Philip A. Mundo and published by Georgetown University Press. This book was released on 1999 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our increasingly globalized world, U.S. trade policy stands at the intersection of foreign and domestic affairs. This book explains trade policy in terms of domestic politics, presenting a concise account of its origins and political significance. Although trade policy is a component of foreign policy, Philip A. Mundo explains how it is rooted in the domestic policy process and carries with it enormous implications for domestic affairs. He reviews the growing importance of trade policy since World War II -- particularly over the past twenty years -- and shows how recent policies like NAFTA are shaped by the domestic agenda. Mundo explains trade policy as the product of a three-stage process comprising agenda setting, program adoption, and implementation. He reviews this process in terms of the ideas that inform trade policy, the interests that seek to influence it, and the institutions that shape it. He also addresses the importance of specific measures, such as administrative relief and trade sanctions. This book distills the essence of the trade policy process into a concise, innovative framework accessible to students and general readers. With the growing importance of trade policy, it makes explicit many of the subtleties surrounding policymaking while fully explicating the legal and international context in which trade operates.
Download or read book Domestic Structures and International Trade written by Candido Tomas Garcia Molyneux and published by Hart Publishing. This book was released on 2001-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author, a lawyer in Brussels and lecturer at the College of Europe in Natolin, places international trade law within an economic, political, and sociological context, focusing on the US and the European Union. Contending that, despite globalization, societies organize themselves differently and have diverse expectations of their governments and market actors, he explores how these differences affect the trading partners' policies in an age when nearly everything can be considered a matter of commerce. He also examines how domestic structures affect trade policy when the external world has a strong impact on the domestic sphere. Distributed by ISBS. c. Book News Inc.
Download or read book Legal Issues on Climate Change and International Trade Law written by Deok-Young Park and published by Springer. This book was released on 2016-04-29 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.
Download or read book WTO Domestic Regulation and Services Trade written by Aik Hoe Lim and published by Cambridge University Press. This book was released on 2014-03-13 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.
Download or read book The World Trading System written by John Howard Jackson and published by MIT Press. This book was released on 1997 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Votes Vetoes and the Political Economy of International Trade Agreements written by Edward D. Mansfield and published by Princeton University Press. This book was released on 2012-05-27 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preferential trading arrangements (PTAs) play an increasingly prominent role in the global political economy, two notable examples being the European Union and the North American Free Trade Agreement. These agreements foster economic integration among member states by enhancing their access to one another's markets. Yet despite the importance of PTAs to international trade and world politics, until now little attention has been focused on why governments choose to join them and how governments design them. This book offers valuable new insights into the political economy of PTA formation. Many economists have argued that the roots of these agreements lie in the promise they hold for improving the welfare of member states. Others have posited that trade agreements are a response to global political conditions. Edward Mansfield and Helen Milner argue that domestic politics provide a crucial impetus to the decision by governments to enter trade pacts. Drawing on this argument, they explain why democracies are more likely to enter PTAs than nondemocratic regimes, and why as the number of veto players--interest groups with the power to block policy change--increases in a prospective member state, the likelihood of the state entering a trade agreement is reduced. The book provides a novel view of the political foundations of trade agreements.
