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Foreign trade regulation --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- International cooperation --- Law and legislation
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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.
Foreign trade regulation. --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation
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The Doha Round is the first major trade negotiation round under the WTO since the failure of the Seattle Ministerial in 1999. The Doha discussions and results will have a large impact on the future of international trade law. Leading scholars and practitioners from three continents comment on four such areas in this book. Firstly, poverty eradication, capacity building, and special and differential treatment are required to change for WTO law to be accepted globally; this may lead to a reinterpretation of WTO law. Secondly, the major trade policy concerns, the global concept of competition, and the impacts of trade facilitation and of sustainability of trade liberalization are examined. The third topic is the improvement of the dispute settlement through, for example, a relaxation of tensions between the judicial and diplomatic models. Finally, possible solutions for the balance between free trade, environmental protection and human rights are explored.
Foreign trade regulation. --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- Law --- General and Others
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For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.
Foreign trade regulation. --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- Law --- General and Others
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This book provides an in-depth exploration of the legal regulations, contractual practices, and typical problems arising in international commercial transactions. The discussion is enhanced through practical examples, figures, templates, and checklists. The appendix contains important sample clauses and standard regulations. The work is addressed to attorneys and economists with legal experience.
Foreign trade regulation. --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- Commerce/law.
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The global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by economics, without much room being left to substantive law. Based on the 2012 World Trade Forum, this volume brings together leading scholars, practitioners and policy makers in international economic law in order to examine the potential of law and legal methodology to contribute to international monetary stability. It explores the links between and lessons to be learnt from existing international investment and trading systems and studies some specific policy issues which have a direct impact on monetary affairs, such as exchange rate policy, sovereign debt, taxation, competitiveness, trade imbalances, austerity programmes and human rights.
Finance --- Foreign trade regulation. --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation. --- Law and legislation --- Law
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The volume focuses on five cases, all of which remain cornerstone trade-environment cases of the WTO. The subject matter of these cases reflects five basic issues in the clash between trade and the environment: public health, air pollution/ozone depletion, food safety, destruction of endangered species, and biosafety. These five issues surface dramatically in international disputes over tobacco, reformulated gasoline, beef growth hormones, commercial fishing methods, and genetically modified organisms. In the second edition of this book, Nathalie Bernasconi-Osterwalder joins the original editors to update and contextualize the five case studies in new introductions to each section. These introductions provide an overview of developments since the first edition, including subsequent related cases. The second edition also includes updated bibliographic materials. In their penetrating analyses of these cases and their vast implications, the authors take into account the entire disciplines of both trade law and environmental law, noting especially the points of friction between the multilateral instruments in each field and the developing jurisprudence of the WTO Dispute Settlement with regard to the exceptions specified in Article XX of the GATT. The articulated standpoints of all partiesgovernments and NGOs on both sides of the controversyare probed for agendas, whether stated or unstated. No one involved in international trade or environmental activism can afford to ignore this vital publication. The information it provides (on WTO jurisprudence, on current and pending environmental initiatives, on the science behind the disputes), no less than the fresh and convincing analysis it holds forth, make it an essential tool for understanding some of the most crucial issues in international law today.
Foreign trade regulation --- Environmental law, International --- Environmental aspects --- Economic aspects --- Economic aspects. --- Environmental aspects. --- GATT --- Internationaal handelsrecht. --- Milieurecht. --- World Trade Organization. --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- Foreign trade regulation - Environmental aspects --- Environmental law, International - Economic aspects
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Environmental, health and sanitary requirements in developed countries are perceived in developing countries as non-tariff barriers to trade. This book shows that such restrictions are perceived to be more stringent during the domestic production season. It also argues that scientific data for specific thresholds appear to be questionable.
Environmental protection. Environmental technology --- Environmental law --- Third World: agricultural and food problems --- Developing countries --- Food --- Foreign trade regulation. --- International trade --- Safety measures. --- Environmental aspects. --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation
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This book examines the application of the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the fields of agriculture, public health and economic development in a Least Developed Country (LDC) such as Bangladesh. In particular, it evaluates the question whether the TRIPS' one-size-fits-all approach compulsorily applicable for all countries, irrespective of their development standing, fulfils the developmental needs of Bangladesh and...
Intellectual property --- Foreign trade regulation --- Intellectual property (International law) --- International law --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- IP (Intellectual property) --- Proprietary rights --- Rights, Proprietary --- Intangible property --- Law and legislation --- E-books
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This unique work examines the highly topical national and international legal issues of economic cooperation between North and South Korea under the current divided situation. In recent years, the relationship between the two Koreas has been generating more concern than in earlier times. This new interest has been followed by two epoch-making developments over the past decade: the conclusion of the Basic Agreement of 1991 and the Declaration of the North-South Summit of 2000. These events have caused remarkable changes in political, as well as economic, relations between the north and the south. This book reviews the current legal regime and the setting up of a positive legal framework for inter-Korean economic cooperation, beginning to be regulated by international law. This research provides two ultimate outcomes. One is to resolve the legal problems for transnational economic cooperation relating to North and South Korea; the other is to develop a juridical model of south-north cooperation as a new world economic framework for the 21st century. Three interrelated areas are involved in this work. The first part describes the external environmental factors regarding inter-Korean economic cooperation from an international legal perspective. The second part deals with the legal framework of inter-Korean economic cooperation, examining concrete issues arising from practical economic exchanges and cooperation between the two Koreas. The last part discusses the legal foundations for inter-Korean economic integration beyond economic cooperation. This book clarifies the significance of the legal environment as an indispensable servant for the parts of a divided country to recover their relationship, offering both a normative and practical framework.
Foreign trade regulation --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- Korea (South) --- Korea (North) --- Foreign economic relations --- Foreign trade regulation.
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