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African Regional Trade Agreements as Legal Regimes

African Regional Trade Agreements as Legal Regimes Author James Thuo Gathii
ISBN-10 9781139498593
Release 2011-07-21
Pages
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African regional trade integration has grown exponentially in the last decade. This book is the first comprehensive analysis of the legal framework within which it is being pursued. It will fill a huge knowledge gap and serve as an invaluable teaching and research tool for policy makers in the public and private sectors, teachers, researchers and students of African trade and beyond. The author argues that African Regional Trade Agreements (RTAs) are best understood as flexible legal regimes particularly given their commitment to variable geometry and multiple memberships. He analyzes the progress made toward trade liberalization in each region, how the RTAs are financed, their trade remedy and judicial regimes, and how well they measure up to Article XXIV of GATT. The book also covers monetary unions as well as intra-African regional integration, and examines free trade agreements with non-African regions including the Economic Partnership Agreements with the European Union.



Public Services and International Trade Liberalization

Public Services and International Trade Liberalization Author Barnali Choudhury
ISBN-10 9781107026568
Release 2012-11-01
Pages 362
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This books examines whether public service liberalization poses a threat to gender and human rights?



Domestic Judicial Review of Trade Remedies

Domestic Judicial Review of Trade Remedies Author Müslüm Yilmaz
ISBN-10 9781139619912
Release 2013-01-17
Pages
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Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.



The Oxford Handbook of International Trade Law

The Oxford Handbook of International Trade Law Author Daniel L. Bethlehem
ISBN-10 9780199231928
Release 2009
Pages 801
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The Oxford Handbook of International Trade Law explores the law of the World Trade Organization and its broader context. It examines the discipline of international trade law itself and also the outside face of international trade law and its intersection with states and with other aspects of the international system. It covers the economic and institutional context of the world trading system, the substantive law of the WTO, the WTO dispute settlement system,and the interaction between trade and other disciplines and fields of international law.



Regional Trade Agreements and the Multilateral Trading System

Regional Trade Agreements and the Multilateral Trading System Author Rohini Acharya
ISBN-10 9781316889411
Release 2016-09-19
Pages
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This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.



North South Regional Trade Agreements as Legal Regimes

North South Regional Trade Agreements as Legal Regimes Author Clair Gammage
ISBN-10 9781784719623
Release 2017-05-26
Pages 384
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This book offers a critical reflection of the North-South regional trade agreements (RTAs), known as the Economic Partnership Agreements, negotiated between the EU and the African, Caribbean, and Pacific countries. Conceiving of regions as legal regimes, Clair Gammage highlights the challenges facing developing countries when negotiating RTAs with developed countries and interrogates the assumption that these agreements will and can promote sustainable development through trade.



Multilateralizing Regionalism

Multilateralizing Regionalism Author Patrick Low
ISBN-10 9780521506014
Release 2009-02-19
Pages 727
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A collection of revised papers from the 'Multilateralizing Regionalism' conference, held at the WTO in September 2007.



The WTO and International Investment Law

The WTO and International Investment Law Author Jürgen Kurtz
ISBN-10 9781107009707
Release 2016-01-20
Pages 326
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Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.



Reconceptualizing International Investment Law from the Global South

Reconceptualizing International Investment Law from the Global South Author Fabio Morosini
ISBN-10 9781108119054
Release 2017-10-26
Pages
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This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order. Countries in the North and South are currently rethinking how economic order should be constituted in order to advance their national interests and preferred economic orientation. While some countries in the North seek to create alternative institutional spaces in order to promote neoliberal policies more effectively, some countries in the South are increasingly skeptical of this version of economic order and are experimenting with alternative versions of legal ordering that do not always sit well with mainstream versions promoted by the North. While we recognize that there are differences in approaches to the investment regimes proposed by countries in the South, we identify commonalities that could function as the founding pillars of an alternative economic order.



The World Trade Organization

The World Trade Organization Author Mitsuo Matsushita
ISBN-10 9780199571857
Release 2015-10
Pages 1000
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Includes bibliographical references and index.



Legal Aspects of Economic Integration in Africa

Legal Aspects of Economic Integration in Africa Author Richard Frimpong Oppong
ISBN-10 9781139497589
Release 2011-07-07
Pages
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Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.



Realizing the Right to Development

Realizing the Right to Development Author United Nations
ISBN-10 MINN:31951D03532960M
Release 2013
Pages 553
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This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.



Preferential Trade Agreement Policies for Development

Preferential Trade Agreement Policies for Development Author Jean-Pierre Chauffour
ISBN-10 9780821386439
Release 2011-06-22
Pages 511
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The Handbook offers an introduction to the key elements of Preferential Trade Agreements (PTAs), addressing the practical economic and legal aspects of the regulatory policies in PTAs.



The Politics of International Economic Law

The Politics of International Economic Law Author Tomer Broude
ISBN-10 9781139499125
Release 2011-03-07
Pages
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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.



Reclaiming Development in the World Trading System

Reclaiming Development in the World Trading System Author Yong-Shik Lee
ISBN-10 9781107098930
Release 2016-09-30
Pages 502
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In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.



Sugar and the Making of International Trade Law

Sugar and the Making of International Trade Law Author Michael Fakhri
ISBN-10 9781107040526
Release 2014-11-27
Pages 278
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"Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices"--



War Commerce and International Law

War  Commerce  and International Law Author James Thuo Gathii
ISBN-10 0195341023
Release 2010
Pages 277
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Recent wars and conflicts, the 'blood diamond' wars in the Democratic Republic of the Congo, and the wars in Iraq and Afghanistan, as well as asset freezing and blocking in the so called war against terrorism have more than ever before raised questions about the status of private property and contract rights after the outbreak of war. Do invading and occupying powers have the right to destroy and confiscate private property and ignore contract rights? Are residents of a war-torn countries and foreign investors alike protected by international laws that uphold commercial freedom? Who, and on what legal authority, decides cases over contested resources during or after war? As globalization and armed conflicts continue to grow and co-exist, these questions are increasingly in the international spotlight. War, Commerce, and International Law authoritatively explores these questions in the context of the relationship between war and commerce, on one hand, and international law, on the other. This book also places these questions in a historical context. Professor Gathii argues that there are continuities and discontinuities in the ways in which these rules were applied in colonial acquisitions of territory and in the protection of the rights of bond holders in the period before the twentieth century, and the manner in which private property and contract rights are being treated under occupation and during wartime in the contemporary period. This book also offers an original and authoritative framework for appreciating relations between powerful and less powerful States and entities and between public and private power, as well as between peoples from vastly different cultural and racial backgrounds, in the context of war and commerce. It presents authoritative comparisons and contrasts between the protection of rights of foreign and domestic investors under international law in the context of war. In so doing, it debunks the story that commerce has prevailed over wartime deprivations and destructions of private property and contract rights. It shows how wartime effects on private property are a constitutive component of war rather than an aberration of it. Professor Gathii demonstrates that while international legal prohibitions against destruction and confiscation of private property during wartime are important, they have often been disregarded or sacrificed at the alter of claims of liberty and freedom historically as well as in the contemporary period. Most importantly, War, Commerce, and International Law shows that although the doctrines and rules of international law relating to war and commerce guarantee fairness between all states, their application, interpretation, and adjudication in a variety of contexts nevertheless simultaneously carry forward within them the legacy of imperialism and colonial conquest. However, while international law carries within it this legacy, its guarantees of the equality of all states and of the human rights of all individuals, continue to offer hope for poor and weak states and individuals everywhere.