This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
With contributions by a variety of internationally distinguished scholars on international law, world trade, business law and development, this unique examination of the roles of China and India in the new world economy adopts the perspectives of international economic law and comparative law. The two countries are compared with respect to issues concerning trade and development, the World Trade Organization, international dispute settlement, regional/free trade agreements, outsourcing, international investment, foreign investment, corporate governance, competition law and policy, and law and development in general. The findings demonstrate that, though their domestic approaches to economic issues diverge, China and India adopt similar stances at the international level on many major issues, recapturing images which existed during the immediate post-colonial era. Cooperation between China and India could provide leadership in the struggle for economic development in developing countries.
This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China–Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.
States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian.
In 2007, the United States Department of Commerce altered a 23-year old policy of not applying the countervailing duty law to non-market economies, and initiated eight countervailing and antidumping duty investigations on Chinese imports. The change brings heated debate on trade remedy policies and issues of non-market economies. This study focuses on the first countervailing duty case on imported coated free sheet paper from China and analyzes the implications of this test case for United States-China bilateral trade, and industrial policies in transitioning market economies. The paper also provides a brief review of the economics of subsidies, World Trade Organization rules on subsides and countervailing measures, and United States countervailing duty laws applied to non-market economies. While recently acceded countries should review their domestic development policies from the perspective of economic efficiency and comply with the World Trade Organization rules, it is also important to further clarify the issues of non-market economies under the multilateral trading system, and pay keen attention to the rules negotiations in the current World Trade Organization Doha Development Round.
This is a print on demand edition of a hard to find publication. China is both the fastest growing motor vehicle market and the fastest growing vehicle producer. Contents of this report: (1) Introduction; (2) China Becomes a Major Motor Vehicle Producer; (3) Foreign Investors in Chinese Motor Vehicle Industry: General Motors Now the Market Leader; Independent Production vs. Foreign Cooperation; (4) Impact of China on the U.S. Automotive Market: Chinese-Made Vehicles Not Imminent Factor; Major Chinese Impact in Automotive Parts; Competitive Labor Costs; (5) U.S. Policy Issues in Economic Relations with China; Administration Focus on Chinese Auto Sector Commitments; Congressional Concerns with Competition from China; (6) Conclusion. Charts and tables.
The World Trade Organisation cannot be deemed truly international without the full participation of China, a massive market with an increasing number of highly sophisticated sectors. Yet'although China did accede to the WTO in 2001, after fifteen years of negotiations'WTO members persist in classifying China as a non-market economy, with all the trade restrictions such labelling entails. The EC in particular continues to curtail the flow of Chinese-European trade, despite some recent liberalisation in EC import and antidumping regulations. In this important book Dr. Hoogmartens clearly points the way to an equitable resolution of the complex problems raised by the friction between China's planned economy and EC trade policy instruments. The 'economic interface' he constructs takes account of such crucial elements as the following: China's 'unfinished' legal and economic reforms;the danger that the EC may develop an abusive protectionist stance;the challenge to the EC of increased Chinese competition;the persistence of Chinese state-owned enterprises;the absence of a satisfactory methodology to deal with the Chinese variant of a non-market economy;the possible adjustment of EC antidumping regulations vis-à-vis China;emergency safeguards;the role of the rule of law in trade regulation; andthe 'translatability' of Western social and political institutions. Addressing as it does a highly salient present and future aspect of the global economy, EC Trade Law Following China's WTO Accession will be of enormous value to policymakers in international economic law at all national and supranational levels. The author's reasoned and cautious analysis builds a sound platform for the ongoing development of peaceful and mutually beneficial commercial relations between Europe and China.
In todays globalised world, an understanding of international trade is essential for those studying and practising law, business, banking and finance. International Trade Law offers a comprehensive and informed analysis of the complexities of an international sale transaction through case law, policy documents, legislation, international conventions and rules adopted by international organisations such as the ICC. Focusing on international sales of goods and the various relations that arise as a result of sale contract, this book considers and discusses: Standard trade terms, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004; Issues relating to E-Commerce including electronic transport documents, especially electronic bills of landing; International transportation of cargo, both unimodal (sea, air, land and rail) and multimodal, the various conventions affecting such transportation and the proposed new convention drafted by UNCITRAL and CMI; Insurance and payment mechanisms, in particular letters of credit and the recently adopted UCP 600; Dispute resolution including issues of jurisdiction, applicable law, arbitration and mediation; Corruption as a major challenge to conducting business and the various anti-corruption conventions, in particular the OECD Anti-Bribery Convention 1997 and the UN Convention Against corruption 2003. Accessible to students encountering this often challenging area of the law for the first time, International Trade Law clarifies a range of topics through Tables and diagrams, and directs the reader to relevant further reading, online resources, and journal articles throughout
The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.
2011 Updated Reprint. Updated Annually. China Business Law Handbook
This conference proceedings reflects upon the likely impacts of freer trade on China’s agricultural sector. Based on the results of China’s WTO negotiations with key trading partners, it assesses the compatibility of China’s WTO commitments with domestic policies and the need for specific changes.
Contents: (1) Intro.; (2) Historical Context; (3) Overview of Iran¿s Economy; (4) Econ. Policy and Reform Efforts; (5) Iran and the Recent Global Econ. Turndown; (6) Econ. Stakeholders: Bonyads; Islamic Revolutionary Guard Corps; Private Sector; (7) Econ. Sectors: Oil and Natural Gas; Ag.; Mfg.; Financial Sector; (8) Internat. Trade: Major Goods Traded; Key Trading Partners; U.S.-Iranian Trade; Internat. Sanctions and Internat. Trade; Trade Liberalization; (9) Internat. Financial Flows: Foreign Exchange Reserves; Foreign Invest. in Iran¿s Economy; Internat. Loans and Assistance; (10) Congress. Issues and Options: Unilateral and Multilateral Approaches to Sanctions; Impact of Sanctions on Iran¿s Economy and Policy; Action in the 110th and 111th Cong.
Grounded on a series of first-hand interviews with Chinese government officials, this book examines China’s accession to the World Trade Organization, providing an ‘inside’ look at Chinese WTO accession negotiations. Presenting a systematic political economy model in analyzing Beijing’s decision-making mechanisms, the book argues that China’s WTO policy making is a state-led, leadership driven, and top-down process. Feng explores how China’s determined political elite partly bypassed and partly restructured a largely reluctant and resistant bureaucracy, under constant pressure from an increasingly globalized international system. By addressing China’s accession to the WTO from a political analysis perspective, the book provides a theoretically informed and intriguing examination of China’s foreign economic policy making regime. The book highlights contemporary debates relating to state and institutionalist theory and provides new and useful insights into a significant development of this century.
International Handbook of Economic Integration edited by Miroslav Jovanovi provides timely and rich academic contributions to considerations of the widest array of integration-related issues. European integration has been providing an inspiration to a number of academics and researchers. The Handbook is a recognition of the dynamic and strong solidarity of the European integration. At the same time, the European Union often provided an example for integration schemes throughout the world which spread enormously since the mid-1990s. Leading experts from all continents contributed to this Handbook which will be a valuable input into academic and policy-making discussions and actions. José Manuel Barroso, President of the European Commission Miroslav Jovanovi s publication represents a rich contribution to the complex issue of regional integration, its benefits, its shortcomings, and its relationship with multilateral trade opening. It sheds light over an issue which is the subject of intense discussions in trade circles. Pascal Lamy, Director-General of the WTO Much has been written on trade agreements as a mechanism to integrate the markets of two of more countries often inspired by the European example. In recent years, attention has increasingly focused on the importance of economic geography as a determinant of industrial location. This book combines the two strands of analysis, bringing together leading experts in the fields of economic geography and international trade. The result is an outstanding compilation of papers that illuminate how policies and economic forces affect the location of economic activity in an integrated Europe. Bernard Hoekman, Director, The World Bank, US The open multilateral trading system is a tremendous success of the past half century, and has contributed greatly to the world s unprecedented rate of economic growth. Over the past two decades however, preferential trading arrangements have proliferated, raising questions as to how compatible they are with the open multilateral system, and what policies might be adopted to improve outcomes. The essays in this volume detail the emergence of PTAS and provide comprehensive and up-to-date analyses of the state of play of preferential arrangements in all regions of the world. The volume will provide a useful reference for all those wanting to understand existing preferential arrangements and their role in the international economy today. Anne O. Krueger, Johns Hopkins University and Stanford University, US Economic integration is a complex and multifaceted giant, with a myriad aspects ranging from regional and global concentration and dispersal of economic activity to social and political consequences for individuals and communities in developed and developing countries alike. This landmark, three volume collection of chapters by leading authors, drawn from many fields, is a worthy and timely contribution to the analysis of a phenomenon with profound implications for the future world economy - and its governance. James Zhan, Director, Investment & Enterprise Division, UNCTAD With this Handbook, Miroslav Jovanovi has provided readers with both an excellent stand-alone original reference book as well as the first volume in a comprehensive three-volume set. This introduction into a rich and expanding academic and practical world of international economic integration also provides a theoretical and analytical framework to the reader, presenting select analytical studies and encouraging further research. International Handbook on the Economics of Integration, Volume I covers two broad themes: general integration issues and regional integration groups. The first part discusses topics that range from an overview of the regional integration deals registered with the World Trade Organization, to multilateralism and regionalism, hub-and-spoke integration networks, limits to integration, rules of origin, and globalization. The second part of the Han
This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.