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International Economic Law and National Autonomy

$70.00 USD

Robert Howse, Yuka Fukunaga, Jason Beckett, Tracey Epps, Susy Frankel, Alberta Fabbricotti, Henning Grosse Ruse-Kahn, Meredith Kolsky Lewis, Rafael Leal-Arcas, Pinar Artiran, Ko-Yung Tung, Jane Kelsey, Kate Miles
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  • Date Published: December 2010
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9780511855221

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  • International commitments may sit uneasily with national pressures in the best of times. This age of economic uncertainty brings these tensions into sharper relief. This volume draws together thirteen analyses of this tension in a wide array of contexts, including each of the three main pillars of the World Trade Organization, international investment law and arbitration, and the international financial institutions. The essays feature internationally recognised experts addressing topical examples of international economic law obligations clashing with domestic political interests. For example, Professor Robert Howse, of New York University Law School, addresses issues of globalization and whether international and national interests can in today's world be considered separate, while Ko-Yung Tung, the former Director-General of the World Bank, looks at trends in investment treaty arbitration and considers what the future may hold in light of the recent financial crisis, the rise of China as an economic powerhouse, and other factors.

    • Readers interested in the tension between legal obligations and national autonomy will be able to examine this issue through a diverse set of approaches
    • Contributors address the core theme from a range of perspectives, including WTO law, investment law and financial/monetary law
    • Covers the three major pillars of the WTO: trade in goods (the GATT), services (the GATS), and intellectual property (TRIPS)
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    Reviews & endorsements

    '[This] book is a welcome addition to the literature on a very hotly disputed current topic of international economic law. Its unique benefit is the collection of studies from different areas of international economic law.' Wolfgang Weiß, European Yearbook of International Economic Law

    '… this collection covers a broad range of issues that demonstrate in detail that it has become impossible to distinguish between drily, technically 'economic' international regulation on the one hand, and politically sensitive domestic issues on the other.' World Trade Review

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    Product details

    • Date Published: December 2010
    • format: Adobe eBook Reader
    • isbn: 9780511855221
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Part I. International Economic Law: Conceptions of Convergence and Divergence:
    1. The end of the globalization debate - continued Robert Howse
    2. Global economic institutions and the autonomy of development policy: a pluralist approach Yuka Fukunaga
    3. Fragmentation, openness, and hegemony: adjudication and the WTO Jason Beckett
    Part II. WTO Treaty Interpretation: Implications and Consequences:
    4. Demanding perfection: private food standards and the SPS Agreement Tracey Epps
    5. Eroding national autonomy from the TRIPS Agreement Susy Frankel
    6. The WTO and RTAs: a 'bottom-up' interpretation of RTAs' autonomy over WTO law Alberta Fabbricotti
    7. 'Gambling' with sovereignty: complying with international obligations or upholding national autonomy Henning Grosse Ruse-Kahn
    Part III. Responding to International Economic Law Commitments:
    8. Safety standards and indigenous products: what role for traditional knowledge? Meredith Kolsky Lewis
    9. The GATS and temporary migration policy Rafael Leal-Arcas
    10. A different approach to the external trade requirement of GATT Article XXIV: assessing 'other regulations of commerce' in the context of EC enlargement and its heightened regulatory standards Pinar Artiran
    Part IV. Transformations in International Economic Law:
    11. Foreign investors vs. sovereign states: towards a global framework, BIT by BIT Ko-Yung Tung
    12. What about the people? How GATS Mode 4 transforms national regulation of temporary migration for remittances in poor countries Jane Kelsey
    13. Reconceptualising international investment law: bringing the public interest into private business Kate Miles.

  • Editor

    Meredith Kolsky Lewis, Victoria University of Wellington
    Meredith Kolsky Lewis is a Senior Lecturer at the Victoria University of Wellington Faculty of Law and Co-Director of the New Zealand Centre of International Economic Law (NZCIEL). She has previously worked as a senior associate practising litigation and international trade with Shearman and Sterling LLP in Washington, DC, and Tokyo.

    Author

    Susy Frankel, Victoria University of Wellington
    Susy Frankel is a Professor of Law at the Victoria University of Wellington Faculty of Law and Co-Director of the New Zealand Centre of International Economic Law (NZCIEL). In addition to her academic position, Susy is Chair of the Copyright Tribunal (NZ) and an Independent Hearings Officer for the Intellectual Property Office of New Zealand.

    Contributors

    Robert Howse, Yuka Fukunaga, Jason Beckett, Tracey Epps, Susy Frankel, Alberta Fabbricotti, Henning Grosse Ruse-Kahn, Meredith Kolsky Lewis, Rafael Leal-Arcas, Pinar Artiran, Ko-Yung Tung, Jane Kelsey, Kate Miles

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