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International Trade and Economic Law 2017

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INTERNATIONAL TRADE AND ECONOMIC LAW

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SERIES HIGHLIGHTS

to lawyers, philosophers and political scientists, the book will appeal both to theorists interested in building bridges from theory to practice and to practitioners seeking new perspectives on existing problems.

9 7 8110 8 415 811 S U T T L E – DI S T R I BU T I V E J US T IC E A N D W OR L D T R A DE L AW P P C C M Y K

9 7 8110 8 415 811 S U T T L E – DI S T R I BU T I V E J US T IC E A N D W OR L D T R A DE L AW P P C C M Y K

and domestic regulation. Written from an interdisciplinary perspective, accessible

(University College Dublin) and international relations (University of Oxford), and a PhD on the philosophy of international economic law (University College London). His research has been published in leading international journals, including the European Journal of International Law, the Modern Law Review and the Journal of International Law and International Relations. He formerly practiced commercial law, and is qualified both in

industries, or environmental protection, distributive confl ict is a pervasive feature of international economic law. Despite this, we lack an adequate theory of distributive justice for this domain. Drawing on philosophical approaches to global justice, this book advances a novel theory of justice in trade regulation, and applies this to explain and critique the law of the WTO. Integrating theoretical and doctrinal approaches, it demonstrates the potential for political theory to illuminate and inform the progressive development of WTO law, including rules on border measures, discrimination, trade remedies and domestic regulation. Written from an interdisciplinary perspective, accessible to lawyers, philosophers and political scientists, the book will appeal both to theorists interested in building bridges from theory to practice and to practitioners seeking new perspectives on existing problems.

Ireland and in England and Wales.

Distributive Justice Oisin Suttle is a Lecturer and World Trade Law at Queen’s University,

International Trade and Economic Law

A Belfast, Political havingTheory previously of taught at the University of International Trade Regulation Sheffield and University College London. He teaches political philosophy public

international law and WTO Oisin Suttle law. He holds degrees in law (University College Dublin) and international relations (University of Oxford), and a PhD on the philosophy of international economic law (University College London). His research has been published in leading international journals, including the European Journal of International Law, the Modern Law Review and

Distributive Justice and World Trade Law A Political Theory of International Trade Regulation

International Gas transit is network-dependent and it

Gas transit is network-dependent and it cannot be established without the existence

of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an

inter-regional level, there are no sufficient

inter-regional level, there are no sufficient

pipeline networks allowing gas to travel freely from a supplier to the most lucrative

Oisin Suttle

the Journal of International Law and International Relations. He formerly

Series cover design by Phil Treble.

Cover illustration: William John Huggins, The opium ships at Lintin, China, 1824. Photograph by the Hong Kong Maritime Museum.

Cover illustration: William John Huggins, The opium ships at Lintin, China, 1824. Photograph by the Hong Kong Maritime Museum.

freely from a supplier to the most lucrative

Vitaliy Pogoretskyy works as Counsel at the Advisory Vitaliy Pogoretskyy

markets. The existing networks are

as Counsel at the Advisory

markets. The existing networks are

often operated by either private or state-

Centre on WTO Law, where

often operated by either private or state-

controlled vertically integrated monopolies

he assists developing-country Members of the ACWL and

who are often reluctant to release unused pipeline capacity to their potential competitors. These obstacles to gas transit

Freedom of Tr ansit and Access to Gas Pipeline Net works under W TO L aw

controlled vertically integrated monopolies

the least-developed countries

who are often reluctant to release unused pipeline capacity to their potential

in WTO dispute settlement

competitors. These obstacles to gas transit

Centre on WTO Law, where

he assists developing-country Members of the ACWL and the least-developed countries in WTO dispute settlement

can diminish the gains from trade for

proceedings, and provides to

can diminish the gains from trade for

proceedings, and provides to

states endowed with natural gas resources,

these countries legal advice

states endowed with natural gas resources,

these countries legal advice

including developing land-locked countries,

and training on WTO law.

including developing land-locked countries,

and training on WTO law.

as well as undermine WTO Members’

He has also worked at the

as well as undermine WTO Members’

He has also worked at the

energy security and their attempts at

Rules Division of the WTO Secretariat, FratiniVergano

energy security and their attempts at

Rules Division of the WTO Secretariat, FratiniVergano

sustainable development. This book explains how the WTO

International Trade and Economic Law

Freedom of Tr ansit and Access to Gas Pipeline Net works under W TO L aw

pipeline networks allowing gas to travel Vitaliy Pogoretskyy works

– European Lawyers, and

sustainable development. This book explains how the WTO

could play a more prominent role in the

as a civil servant of the

could play a more prominent role in the

as a civil servant of the

international regulation of gas transit

Government of Ukraine.

international regulation of gas transit

Government of Ukraine.

and promote the development of an

and promote the development of an

international gas market.

international gas market.

Series cover design by Phil Treble.

Series cover design by Phil Treble.

Cover illustration: James E. Allen, Pipe Layers I, 1937. Courtesy of Mary Ryan Gallery, New York.

Cover illustration: James E. Allen, Pipe Layers I, 1937. Courtesy of Mary Ryan Gallery, New York.

practiced commercial law, and is qualified both in Ireland and in England and Wales.

Series cover design by Phil Treble.

Trade and Economic Law

cannot be established without the existence

of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an

– European Lawyers, and

Freedom of Tr ansit and Access to Gas Pipeline Net works under W TO L aw

and inform the progressive development of WTO law, including rules on border measures, discrimination, trade remedies

international law and WTO law. He holds degrees in law

Economic Law

law respond to those demands? Whether our focus is developing countries, struggling

Pogoretskyy

doctrinal approaches, it demonstrates the potential for political theory to illuminate

What does justice demand in international Trade and trade regulation? And how far does WTO

Freedom of Tr ansit and Access to Gas Pipeline Net works under W TO L aw

University of Berne

theory of justice in trade regulation, and applies this to explain and critique the law of the WTO. Integrating theoretical and

Sheffield and University College London. He teaches political philosophy public

Distributive Justice and World Trade Law

Professor Thomas Cottier

Drawing on philosophical approaches to global justice, this book advances a novel

Belfast, having previously taught at the University of

Suttle

University of Cambridge

feature of international economic law. Despite this, we lack an adequate theory of distributive justice for this domain.

International

Oisin Suttle is a Lecturer at Queen’s University,

Distributive Justice and World Trade Law

Series Editors: Dr Lorand Bartels

industries, or environmental protection, distributive confl ict is a pervasive

Suttle

law respond to those demands? Whether our focus is developing countries, struggling

Pogoretskyy

What does justice demand in international trade regulation? And how far does WTO

Cambridge International Trade and Economic Law

33

Vitaliy Pogoretskyy

Professor William Davey University of Illinois

As the processes of regionalisation and globalisation have intensified, there have been accompanying increases in the regulation of international trade and economic law at the levels of international, regional and national laws. The subject matter of this series is international economic law. Its core will be the regulation of international trade, investment and cognate areas, such as intellectual property and competition policy. The series publishes books on related regulatory areas, in particular human rights, labour, environment and culture, as well as sustainable development. These areas are vertically linked at the international, regional and national level, and the series extends to the implementation of these rules at these different levels. The series also includes works on governance, dealing with the structure and operation of related international organisations in the field of international economic law, and the way they interact with other subjects of international and national law.

FORTHCOMING

Distributive Justice and World Trade Law A Political Theory of International Trade Regulation

Oisin Suttle Queen’s University Belfast

Essential for international lawyers, philosophers and political theorists, this publication proposes a novel theory of global distributive justice to answer practical questions of international economic governance. The author applies the new theory to explain and critique WTO law in ways that are intelligible and useful to lawyers and to theorists. Cambridge International Trade and Economic Law, 28

2017 228 x 152 mm 978-1-108-41581-1 Hardback £95.00 / $125.00 Publication October 2017

Freedom of Transit and Access to Gas Pipeline Networks under WTO Law Vitaliy Pogoretskyy Advisory Centre on WTO Law, Geneva

This book analyses all major WTO provisions relating to the transit of pipeline gas and is essential reading for practitioners and regulatory authorities interested in the WTO’s regulation of trade in energy, as well as legal and non-legal researchers analysing energy-related issues that are indirectly related to WTO law, and generalists in the field of public international law. Cambridge International Trade and Economic Law, 27

2017 228 x 152 mm 5 b/w illus. 2 maps 2 tables 978-1-107-16364-5 Hardback £95.00 / $125.00 For all formats available, see

www.cambridge.org/9781107163645

For all formats available, see

www.cambridge.org/9781107098930

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4

Series Highlights

Reclaiming Development in the World Trading System

Developing Countries and Preferential Services Trade

WTO Dispute Settlement and the TRIPS Agreement

Second edition Yong-Shik Lee

Charlotte Sieber-Gasser

Applying Intellectual Property Standards in a Trade Law Framework

The Law and Development Institute, Atlanta

This book is for those interested in the dynamics between WTO law and the economic prospects of developing countries. The book proves that developing countries miss out on opportunities to use WTO law to their benefit, and proposes new avenues for the interpretation of the regulatory flexibility in WTO law for developing countries.

Providing extensive coverage of international trade law from an economic development perspective, this second edition of Reclaiming Development in the World Trading System lends insight into these topics with case analysis exemplifying how our trading systems have been adopted by the developing world in order to foster their own economic development. Cambridge International Trade and Economic Law, 26

2016 228 x 152 mm 502pp 3 b/w illus. 5 tables 978-1-107-09893-0 Hardback £89.99 / US$140.00 For all formats available, see

www.cambridge.org/9781107098930

University of Lucerne

Cambridge International Trade and Economic Law, 25

2016 228 x 152 mm 360pp 15 b/w illus. 2 tables 978-1-107-14756-0 Hardback £69.99 / US$110.00 For all formats available, see

www.cambridge.org/9781107147560

Matthew Kennedy University of International Business and Economics, Beijing

In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. It will be essential reading for policy-makers interested in WTO agreements on other new issues. Cambridge International Trade and Economic Law, 24

2016 228 x 152 mm 498pp 11 b/w illus. 978-1-107-14468-2 Hardback £79.99 / US$125.00 For all formats available, see

www.cambridge.org/9781107144682


Series Highlights

Establishing Judicial Authority in International Economic Law Edited by Joanna Jemielniak University of Copenhagen

Laura Nielsen University of Copenhagen

and Henrik Palmer Olsen University of Copenhagen

This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike. Cambridge International Trade and Economic Law, 23

2016 228 x 152 mm 344pp 18 b/w illus. 5 tables 978-1-107-14710-2 Hardback £69.99 / US$110.00

Trade, Investment, Innovation and their Impact on Access to Medicines

5

The WTO and International Investment Law Converging Systems

Jürgen Kurtz

An Asian Perspective

University of Melbourne

Locknie Hsu Singapore Management University

Locknie Hsu brings together current trade, investment, innovation, intellectual property, competition and public health issues that impact upon access to medicines in Asia. This book will be useful to academic researchers, regulators, law-makers and global organizations involved in the issue of access to medicines.

Jürgen Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. This book also offers reform ideas and possibilities, which will be of interest to treaty negotiators and other government officials.

Cambridge International Trade and Economic Law, 22

Cambridge International Trade and Economic Law, 20

2016 228 x 152 mm 486pp 2 b/w illus. 18 tables 978-1-107-07273-2 Hardback £79.99 / US$125.00

2016 228 x 152 mm 326pp 978-1-107-00970-7 Hardback £69.99 / US$110.00

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www.cambridge.org/9781107072732

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www.cambridge.org/9781107009707

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6

WTO CO-PUBLICATIONS World Trade Organization

Building the Upper Floors of the Trading System Through WTO Accessions

By examining recent accessions to the WTO, it reveals how the growing membership of the WTO has helped to support domestic reforms and to strengthen the rules-based framework of the WTO. It argues that

architecture of the multilateral trading system. By erecting its ‘upper floors’ on the foundation of existing trade rules, the WTO can continue to adapt to a fast-changing environment and to maximize the benefits brought about by its ever-expanding membership.

Alexei Kireyev is a senior economist at the International Monetary

macroeconomic policies to countries with IMF-supported programmes,

Alexei Kireyev is a senior economist at the International Monetary Fund and the former IMF representative to the WTO. He has led advance IMF missions to member countries, provided advice on macroeconomic policies to countries with IMF-supported programmes, and authored numerous publications on international economics.

recently as Director of the Accessions Division.

recently as Director of the Accessions Division.

Cover image: Futuristic office building © PPAMPicture. Series cover design: Sue Watson

Cover image: Futuristic office building © PPAMPicture. Series cover design: Sue Watson

Second Edition

with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this

by the Legal Affairs Division and accessibly written handbook explains how those rules Prepared and thepanels Rules procedures have been interpreted by dispute settlement andDivision of the WTO Secretariat,

the Appellate Body, and how they have evolved over time. The

the Appellate Body, and how they have evolved over time. andThe the Appellate Body Secretariat

handbook provides practical information to help various audiences

handbook provides practical information to help various audiences

understand the day-to-day operation of the WTO dispute

understand the day-to-day operation of the WTO dispute

settlement system.

settlement system.

Prepared by the Legal Affairs Division and the Rules Division of

Prepared by the Legal Affairs Division and the Rules Division of

the WTO Secretariat, and the Appellate Body Secretariat.

the WTO Secretariat, and the Appellate Body Secretariat.

WTO Secretariat 9781108417273 PPC. C M Y K

Nigeria while he is on special leave from the WTO. In the WTO, he has served as director of various divisions for many years, including most

compiled by the dispute settlement lawyers of the WTO Secretariat

with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this procedures have been interpreted by dispute settlement panels and

WTO Secretariat 9781108417273 PPC. C M Y K

Nigeria while he is on special leave from the WTO. In the WTO, he has served as director of various divisions for many years, including most

compiled by the dispute settlement lawyers of the WTO Secretariat

accessibly written handbook explains how those rules and

Edited by Alexei Kireyev and Chiedu Osakwe

Kireyev and Osakwe

Kireyev and Osakwe

Kireyev & Okakwe. 9781108421287 PPC. C M Y K

Kireyev & Okakwe. 9781108421287 PPC. C M Y K

Fund and the former IMF representative to the WTO. He has led advance IMF missions to member countries, provided advice on

Building the Upper Floors of the Trading System Through WTO Accessions

Edited by Alexei Kireyev and Chiedu Osakwe

the new realities of the twenty-first century require an upgrade to the

systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been

Second Edition

to adapt to a fast-changing environment and to maximize the benefits brought about by its ever-expanding membership.

work, anchored in the WTO, remains indispensable to maximizing the benefits of global economic integration and to reviving world trade.

The WTO dispute settlement system has become one of the most

dynamic, effective and successful international dispute settlement

systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been

A Handbook on the WTO Dispute Settlement System

architecture of the multilateral trading system. By erecting its ‘upper floors’ on the foundation of existing trade rules, the WTO can continue

World Trade Organization

A Handbook on the WTO Dispute Settlement System

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement

Second Edition

to strengthen the rules-based framework of the WTO. It argues that the new realities of the twenty-first century require an upgrade to the

World Trade Organization

Trade Multilateralism in the Twenty-First Century

World Trade Organization

By examining recent accessions to the WTO, it reveals how the growing membership of the WTO has helped to support domestic reforms and

changes create a challenging environment for world trade. This book

examines how an updated and robust, rules-based multilateral frame-

A Handbook on the WTO Dispute Settlement System

Ambassador Chiedu Osakwe is Trade Advisor and Chief Negotiator for

work, anchored in the WTO, remains indispensable to maximizing the benefits of global economic integration and to reviving world trade.

World Trade Organization

Trade Multilateralism in the Twenty-First Century

Trade multilateralism in the twenty-first century faces a serious test as weakness in the global economy and fast-paced technological

World Trade Organization

World Trade Trade Multilateralism in Organization the Twenty-First Century

Ambassador Chiedu Osakwe is Trade Advisor and Chief Negotiator for

changes create a challenging environment for world trade. This book examines how an updated and robust, rules-based multilateral frame-

World Trade Trade Multilateralism in Organization the Twenty-First Century

and authored numerous publications on international economics.

Trade multilateralism in the twenty-first century faces a serious test as weakness in the global economy and fast-paced technological

Cover image: Gavel on desk © Mari / iStock / Getty Images Plus.

Cover image: Gavel on desk © Mari / iStock / Getty Images Plus.

Series cover design: Sue Watson

Series cover design: Sue Watson

A Handbook on the WTO Dispute Settlement System Second Edition Prepared by the Legal Affairs Division and the Rules Division of the WTO Secretariat, and the Appellate Body Secretariat

FORTHCOMING

FORTHCOMING

FORTHCOMING

The WTO Agreements

Trade Multilateralism in the Twenty-First Century

A Handbook on the WTO Dispute Settlement System

Building the Upper Floors of the Trading System Through WTO Accessions

2nd Edition World Trade Organization

The Marrakesh Agreement Establishing the World Trade Organization and its Annexes

2nd Edition World Trade Organization The WTO Agreements is a definitive reference work for all practising and academic trade lawyers. It is an essential addition to all international law libraries, a vital source book for students taking courses on international economic or trade law and an important resource for economists and political scientists. 2017 228 x 152 mm 978-1-108-42382-3 Hardback £64.99 / $110.00 978-1-108-43843-8 Paperback £25.99 / $39.99 Publication November 2017 For all formats available, see

www.cambridge.org/9781108423823

Alexei Kireyev International Monetary Fund, Washington DC

Chiedu Osakwe World Trade Organization, Geneva

International trade and economic policy-makers, practitioners and scholars in related fields, and businesses will find useful information and guidance in this book relative to the challenges facing the multilateral trading system and how the experiences of recent accessions to the WTO may help to address these challenges. 2017 228 x 152 mm 18 b/w illus. 8 colour illus. 20 tables 978-1-108-42128-7 Hardback £150.00 / $240.00 978-1-108-43168-2 Paperback £23.99 / US$35.99 Publication September 2017 For all formats available, see

www.cambridge.org/9781108421287

Take a look at our new WTO hub: cambridge.org/WTO-Home

This handbook provides practical insight into the rules and procedures of the WTO dispute settlement system. It will appeal to academics and students of international economic law, practitioners in the fields of international trade and arbitration, officials from WTO member governments, panellists and international adjudication bodies. 2017 228 x 152 mm 978-1-108-41727-3 Hardback £70.00 / $115.00 978-1-108-40485-3 Paperback £39.99 / US$49.99 Publication September 2017 For all formats available, see

www.cambridge.org/9781108417273


WTO Co-Publications

African Perspectives on Trade and the WTO Domestic Reforms, Structural Transformation and Global Economic Integration

Edited by Patrick Low The University of Hong Kong

Chiedu Osakwe World Trade Organization, Geneva

and Maika Oshikawa World Trade Organization, Geneva

This volume provides insights and detailed analyses on Africa’s potential for greater participation in world trade and economic growth from a variety of experts and contributors. It will be of interest to economics and trade policy-makers, academics and practitioners, as well as those interested in the WTO. 2016 228 x 152 mm 432pp 51 b/w illus. 978-1-107-17447-4 Hardback £64.99 / $110.00

7

Regional Trade Agreements and the Multilateral Trading System Edited by Rohini Acharya World Trade Organization, Geneva

This book explores bilateral and regional trade agreements, and examines how they are changing international trade rules. It offers 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 regional trade agreements. 2016 228 x 152 mm 906pp 978-1-107-16164-1 Hardback £150.00 / US$240.00 978-1-316-61401-3 Paperback £49.99 / US$79.99 For all formats available, see

www.cambridge.org/9781107161641

978-1-316-62652-8 Paperback £25.99 / $39.99 For all formats available, see

www.cambridge.org/9781107174474

cambridge.org/WTO-Home


WTO Co-Publications

9781107188327 WTO – DISPUTE SETTLEMENT REPORTS 2015 VOL. 2 PPC C M Y K

9781107188327 WTO – DISPUTE SETTLEMENT REPORTS 2015 VOL. 2 PPC C M Y K

Dispute Settlement Reports 2015 Volume II: Pages 577 to 1268

2015

Dispute Settlement Reports 2015 Volume II: Pages 577 to 1268

2015

World Trade organizaTion World Trade organizaTion

Dispute Settlement Reports 2015 Volume I: Pages 1 to 576

Dispute Settlement Reports 2015 Volume II: Pages 577 to 1268

2015

World Trade organizaTion World Trade organizaTion

The WTO authorized printed DSR volumes commenced publication with DSR, 1996:I. Publication of the Cambridge printed edition follows the WTO website publication of all new reports, which will continue in the three working languages of English, French and Spanish. Once a report has been released on the WTO website it will be published in the next Cambridge printed volume.

Dispute Settlement Reports 2015 Volume I: Pages 1 to 576 Dispute Settlement Reports 2015 Volume I: Pages 1 to 576

These are the only authorized paginated reports in English. As such, they are an essential addition to the library of every practising and academic trade lawyer, and will be widely consulted by students taking courses in international economic or trade law.

World Trade organizaTion World Trade organizaTion

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO Members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization.

Dispute Settlement Reports 2015 Volume I: Pages 1 to 576

9781107188242 WTO – DISPUTE SETTLEMENT REPORTS 2015 VOL. 1 PPC C M Y K

World Trade organizaTion World Trade organizaTion

WTO Dispute Settlement Reports

9781107188242 WTO – DISPUTE SETTLEMENT REPORTS 2015 VOL. 1 PPC C M Y K

8

Dispute Settlement Reports 2015 Volume II: Pages 577 to 1268

2015

Dispute Settlement Reports 2015

Dispute Settlement Reports 2015

Volume 1. Pages 1–576 World Trade Organization

Volume 2. Pages 577–1268 World Trade Organization

Volume 1 reports on United States - Countervailing Duty Measures on Certain Products from China (WT/DS437).

Volume 2 reports on Argentina - Measures Affecting the Importation of Goods (WT/DS438, WT/DS444, WT/ DS445).

World Trade Organization Dispute Settlement Reports

2016 240 x 160 mm 576pp 978-1-107-18824-2 Hardback £160.00 / $225.00

World Trade Organization Dispute Settlement Reports

For all formats available, see

2016 240 x 160 mm 328pp 978-1-107-18832-7 Hardback £160.00 / $225.00

www.cambridge.org/9781107188242

For all formats available, see

Take a look at our new WTO hub: cambridge.org/WTO-Home

www.cambridge.org/9781107188327


WTO Co-Publications

9

Dispute Settlement Reports 2015

Dispute Settlement Reports 2015

Dispute Settlement Reports 2015

Volume 3. Pages 1269–1722 World Trade Organization

Volume 5. Pages 2457–3114 World Trade Organization

Volume 7. Pages 3565–4082 World Trade Organization

Volume 3 reports on United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS429).

Volume 5 reports on India - Measures Concerning the Importation of Certain Agricultural Products (WT/DS430).

World Trade Organization Dispute Settlement Reports

World Trade Organization Dispute Settlement Reports

2016 240 x 160 mm 456pp 978-1-107-18835-8 Hardback £160.00 / $225.00

2016 240 x 160 mm 658pp 978-1-107-19181-5 Hardback £160.00 / $225.00

Volume 7 reports on Peru - Additional Duty on Imports of Certain Agricultural Products (WT/DS457) and China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States (Recourse to Article 21.5 of the DSU by the United States) (WT/DS414).

For all formats available, see

For all formats available, see

www.cambridge.org/9781107188358

www.cambridge.org/9781107191815

World Trade Organization Dispute Settlement Reports

Dispute Settlement Reports 2015

Dispute Settlement Reports 2015

Volume 4. Pages 1723–2456 World Trade Organization

Volume 6. Pages 3115–3564 World Trade Organization

Volume 4 reports on United States - Certain Country of Origin Labelling (COOL) Requirements (Recourse to Article 21.5 of the DSU by Canada and Mexico) (WT/ DS384, WT/DS386).

Volume 6 reports on Ukraine - Definitive Safeguard Measures on Certain Passenger Cars (WT/DS468) and Peru - Additional Duty on Imports of Certain Agricultural Products (WT/DS457).

World Trade Organization Dispute Settlement Reports

World Trade Organization Dispute Settlement Reports

2016 240 x 160 mm 736pp 978-1-107-18838-9 Hardback £160.00 / $225.00

2016 240 x 160 mm 453pp 978-1-107-19179-2 Hardback £160.00 / $225.00

For all formats available, see

For all formats available, see

www.cambridge.org/9781107188389

www.cambridge.org/9781107191792

2016 240 x 160 mm 521pp 978-1-107-19169-3 Hardback £160.00 / $225.00 For all formats available, see

www.cambridge.org/9781107191693

cambridge.org/WTO-Home


10

WTO Co-Publications

Dispute Settlement Reports 2015

Dispute Settlement Reports 2015

Dispute Settlement Reports 2015

Volume 8. Pages 4083–4570 World Trade Organization

Volume 10. Pages 5131-5650 World Trade Organization

Volume 11. Pages 5651-6110 World Trade Organization

Volume 8 reports on United States - Measures Affecting the Importation of Animals, Meat and Other Animal Products from Argentina (WT/DS447).

Volume 10 reports on United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse to Article 21.5 of the DSU by Mexico (WT/DS381).

Volume 11 reports on: United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse to Article 21.5 of the DSU by Mexico (WT/DS381), United States Countervailing Duty Measures on Certain Products from China - Arbitration under Article 21.3(c) of the DSU (WT/ DS437/16), United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - Arbitration under Article 21.3(c) of the DSU(WT/DS429/12), Peru - Additional Duty on Imports of Certain Agricultural Products - Arbitration under Article 21.3(c) of the DSU (WT/DS457/15) and United States - Certain Country of Origin Labelling (COOL) Requirements - Recourse to Article 22.6 of the DSU (WT/DS384, WT/DS386).

World Trade Organization Dispute Settlement Reports

2016 240 x 160 mm 487pp 978-1-107-19162-4 Hardback £160.00 / $225.00

World Trade Organization Dispute Settlement Reports

For all formats available, see

2017 240 x 160 mm 522pp 978-1-107-19445-8 Hardback £160.00 / $225.00

www.cambridge.org/9781107191624

For all formats available, see

www.cambridge.org/9781107194458

Dispute Settlement Reports 2015 Volume 9. Pages 4571-5130 World Trade Organization Volume 9 reports on China - Measures Imposing AntiDumping Duties on High-Performance Stainless Steel Seamless Tubes (‘HP-SSST’) from Japan (WT/DS454) and China - Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (‘HPSSST’) from the European Union (WT/DS460).

World Trade Organization Dispute Settlement Reports

2017 240 x 160 mm 462pp 978-1-107-19447-2 Hardback £160.00 / $225.00 For all formats available, see

www.cambridge.org/9781107194472

World Trade Organization Dispute Settlement Reports

2017 240 x 160 mm 562pp 978-1-107-19404-5 Hardback £160.00 / $225.00 For all formats available, see

www.cambridge.org/9781107194045

Dispute Settlement Reports 1996-2015 now available as a set for institutional purchasing. For more information email online@cambridge.org in the Americas and library.sales@cambridge.org in the rest of the world


WORLD TRADE FORUM TITLES Elsig, Hoekman and Pauwelyn ASSESSING THE WORLD TRADE ORGANIZATION

The WTO recently celebrated twenty years of existence. The general wisdom is that its dispute settlement institutions work well and its

d crises.

negotiation machinery is going through a phase of prolonged crises.

rcomes

Assessing the World Trade Organization: Fit for Purpose? overcomes

s while

this myopic view and takes stock of the WTO’s achievements while

s written

going beyond existing disciplinary narratives. With chapters written

by scholars who have closely observed the development of the WTO in

ing about

recent years, this book presents the state-of-the-art in thinking about

uch as the

the WTO’s performance. It also considers important issues such as the

the WTO’s

origins of the multilateral system, the accession process and the WTO’s

Fit for Purpose?

ributions

interaction with other international organisations. The contributions

nt existing

shed new light on untold stories, critically review and present existing

neration

scholarship and sketch new research avenues for a future generation

hat aims to

of trade scholars. This book will appeal to a wide audience that aims to

rformance.

better understand the drivers and obstacles of the WTO’s performance. M A N F R E D E L S IG is Associate Professor of International Relations

University

and Deputy Managing Director of the World Trade Institute, University of Bern.

BE R N A R D H OE K M A N is Professor and Director, Global Economics at the Robert Schuman Centre for Advanced Studies, European University Institute, Florence.

Co-Director

Fit for Purpose?

world trade forum

Relations

Economics

Elsig, Hoekman and Pauwelyn ASSESSING THE WORLD TRADE ORGANIZATION

Assessing the Assessing the WORLD TRADE WORLD TRADE ORGANIZATION ORGANIZATION

general

and its

he WTO in

ean

11

J O O S T PAU W E LY N is Professor of International Law and Co-Director

duate

of the Centre for Trade and Economic Integration at the Graduate

, and

Institute of International and Development Studies, Geneva, and

nter.

Murase Visiting Professor at Georgetown University Law Center.

Cover illustration: World Trade Organization, South Building © WTO/Dhinaut.

world trade forum

e di t e d b y

e di t e d b y

Manfred Elsig, Bernard Hoekman and Joost Pauwelyn

Manfred Elsig, Bernard Hoekman and Joost Pauwelyn

Cover designed by Hart McLeod Ltd

Assessing the World Trade Organization

The Rule of Law in Monetary Affairs

Fit for Purpose?

World Trade Forum

Edited by Manfred Elsig,

Edited by Thomas Cottier

World Trade Institute, Universität Bern, Switzerland

Universität Bern, Switzerland

Bernard Hoekman

Rosa M. Lastra

European University Institute, Florence

Queen Mary University of London

and Joost Pauwelyn

and Christian Tietje

Graduate Institute of International Studies, Geneva

Martin Luther-Universität Halle-Wittenberg, Germany

With contributions from leading experts in political science, law, economics, and trade policy, this book reviews the performance of the World Trade Organization from an interdisciplinary perspective. It provides novel insights into how it works as an international organisation and platform for negotiations, dispute settlement and the management of trade regulation.

Edited in association with Lucía Satragno

2017 229 x 152 mm 978-1-107-19322-2 Hardback £79.99 / $125.00 For all formats available, see

www.cambridge.org/9781107193222

Trade Cooperation The Purpose, Design and Effects of Preferential Trade Agreements World Trade Forum

Edited by Andreas Dür Universität Salzburg

and Manfred Elsig Universität Bern, Switzerland

Universität Bern, Switzerland

Tracking current debates around monetary policy and its impact on the global economy, The Rule of Law in Monetary Affairs examines the potential of law to contribute to international monetary stability and identifies links with the international investment and trading systems. 2016 229 x 152 mm 636pp 5 b/w illus. 1 map 7 tables 978-1-107-68762-2 Paperback £42.99 / US$68.99 Also available 978-1-107-06363-1 Hardback

Countries across the globe are scrambling to sign preferential trade agreements. In this volume, leading political scientists, economists and international lawyers take stock of past and current research on these agreements in order to provide insights into their functions and effects, and to outline the future research agenda. 2015 228 x 152 mm 628pp 52 b/w illus. 59 tables 978-1-107-08387-5 Hardback £77.00 / US$124.00 For all formats available, see

www.cambridge.org/9781107083875

£103.00 / US$160.00

For all formats available, see

www.cambridge.org/9781107687622

For regular email alerts visit www.cambridge.org/alerts


12

World Trade Forum Titles

Trade Governance in the Digital Age

Genetic Engineering and the World Trade System

Prospects in International Investment Law and Policy

World Trade Forum

World Trade Forum

World Trade Forum

Edited by Mira Burri

Edited by Daniel Wüger

Edited by Roberto Echandi

World Trade Institute, University of Bern

Universität Bern, Switzerland

The World Bank

and Thomas Cottier

and Thomas Cottier

and Pierre Sauvé

World Trade Institute, University of Bern

Universität Bern, Switzerland

World Trade Institute, University of Bern

The development of the Internet has raised various questions regarding international trade regulation. This book addresses these questions by looking at concrete WTO law issues and by clarifying the broader governance implications. The results will be valuable to academics and policymakers working in trade, intellectual property and cyberlaw.

Biotechnology poses various challenges to international trade regulation. This volume examines whether existing international obligations of WTO Members are appropriate to deal with such challenges and whether there is a need for new international legal instruments, including a potential WTO Agreement on Biotechnology.

Of interest to those in policy, academic and civil society circles who are concerned by the rapidly evolving international investment landscape, this book tracks the newest forms of cross-border investment activity, dissects the forces shaping them, explores the latest regulatory developments and suggests where the incipient governance system is headed.

2015 229 x 152 mm 502pp 1 b/w illus. 12 tables 978-1-107-54261-7 Paperback £28.99 / US$42.99 Also available 978-1-107-02243-0 Hardback £93.00 / US$144.00 For all formats available, see

www.cambridge.org/9781107542617

2013 229 x 152 mm 368pp 978-1-107-41283-5 Paperback £35.99 / US$57.00 Also available 978-0-521-88360-3 Hardback £82.00 / US$129.00 For all formats available, see

www.cambridge.org/9781107412835

2013 228 x 152 mm 491pp 6 b/w illus. 978-1-107-03586-7 Hardback £93.00 / US$144.00 For all formats available, see

www.cambridge.org/9781107035867


WTO Agreement on Subsidies and Countervailing Measures

WTO Agreement on Subsidies WTO

WTO

Agreement and Countervailing Measures

Agreement

Panels and the WTO Appellate Body have rendered a large number

on Subsidies Panels and the WTO Appellate Body have rendered a large number

of complex and lengthy rulings on the Agreement on Subsidies and 9781108417396 MÜLLER – THE EU SUCCESSION REGULATION PPC C M Y K

9781108417396 MÜLLER – THE EU SUCCESSION REGULATION PPC C M Y K

REFERENCE PUBLICATIONS and Measures. The reasoning behind these rulings is often Countervailing

intimately linked to the underlying facts of a particular case and the

intimately linked to the underlying facts of a particular case and the

methods of litigation adopted by the parties. Without guidance, it is

Countervailing methods of litigation adopted by the parties. Without guidance, it is

difficult to find and research a specific subsidy issue quickly. This book

difficult to find and research a specific subsidy issue quickly. This book

provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO

realms and political science. It also includes a useful M Ü LofLeconomics ER

A Commentary

students of international trade law, business associations and NGOs.

Wolfgang Müller works in the European Commission (Directorate

Wolfgang Müller works in the European Commission (Directorate

General for Trade). He leads the policy unit of the Commission’s trade

General for Trade). He leads the policy unit of the Commission’s trade

remedy services and in this capacity represents the EU in the relevant

remedy services and in this capacity represents the EU in the relevant

WTO committees.

WTO committees.

Volume 17 of the ICSID Reports includes the decisions on jurisdiction, merits and annulment in Helnan v. Egypt States, and the awards in Inceysa v. Salvador, Telenor v. Hungary, World Duty Free v. Kenya, UPS v. Canada, and Plama v. Bulgaria. International Convention on the Settlement of Investment Disputes Reports

MÜLLER

summary of the negotiating history and the links to other WTO

students of international trade law, business associations and NGOs.

University of Cambridge, Research Centre for International Law

www.cambridge.org/9781107060609

the legal basis for further analysis of subsidy disciplines within the

Agreements, such as GATT 1994. This important reference work will

Volume 17 Edited by Joanna Gomula

For all formats available, see

and sets out the law as it emerges from this body of rulings, providing

appeal to international trade lawyers, government officials, researchers,

ICSID Reports

Publication November 2016

Measures

provides an essential article-by-article commentary on the Agreement

Agreements, such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers,

Cover designed by Hart McLeod Ltd

2016 850pp 978-1-107-06060-9 Hardback £230.00 / US$375.00

WTO Agreement on Subsidies on Subsidiesand Countervailing and Countervailing Measures Measures

of complex and lengthy rulings on the Agreement on Subsidies and

Countervailing Measures. The reasoning behind these rulings is often

WOLFGANG MÜLLER

13

WTO Agreement on Subsidies and Countervailing Measures A Commentary WOLFGANG MÜLLER

Cover designed by Hart McLeod Ltd

WTO Agreement on Subsidies and Countervailing Measures A Commentary

Wolfgang Müller Head of Unit, DG Trade H1, European Commission

This essential article-by-article commentary of the WTO agreement on Subsidies and Countervailing Measures will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs. It provides quick and concise guidance on the Dispute Settlement Body rules. 2017 228 x 152 mm 978-1-108-41739-6 Hardback £175.00 / $220.00 For all formats available, see

www.cambridge.org/9781108417396

Visit our website at www.cambridge.org/academic


14

Edited by Fabio Morosini and Michelle Ratton Sanchez Badin

The books will be of interest for those studying law, business, economics, accounting and finance courses.

series editor Dr Peter Harris, Law Faculty, University of Cambridge, Director of the Centre for Tax Law.

series editor Dr Peter Harris, Law Faculty, University of Cambridge, Director of the Centre for Tax Law.

Dr Harris brings a wealth of experience to the Series. He has taught and presented tax courses at a dozen different universities in nearly as many countries and has acted as an external tax consultant for the International Monetary Fund for more than a decade.

Dr Harris brings a wealth of experience to the Series. He has taught and presented tax courses at a dozen different universities in nearly as many countries and has acted as an external tax consultant for the International Monetary Fund for more than a decade.

K ATHRY N JA MES is a lecturer in the Faculty of Law at Monash University, Australia. She researches in the field of comparative tax law and policy, with particular emphasis on the value-added tax. She has published in a number of leading journals, including British Tax Review and Theoretical Inquiries in the Law.

K ATHRY N JA MES is a lecturer in the Faculty of Law at Monash University, Australia. She researches in the field of comparative tax law and policy, with particular emphasis on the value-added tax. She has published in a number of leading journals, including British Tax Review and Theoretical Inquiries in the Law.

Fundacio Getulio Vargas, Brazil

This book explores how the transformation of investment regulation in the Global South is shaping the broader debate in the field: some developing countries have created new investment agreements or reformed laws in response to the legitimacy crisis of the investment regime in ways substantially different from most developed countries.

Cambridge Intellectual PropertyIntellectual and Information Lawand Information Law Cambridge Property

Economic growth has traditionally been attributed to the increase in national production

Economic growth has traditionally been attributed to the increase in national production

arising from technological innovation. Using a panel of seventy-nine countries bridging

arising from technological innovation. Using a panel of seventy-nine countries bridging

the North-South divide, Patent Intensity and Economic Growth is an important empirical study on the uncertain relationship between patents and economic growth. It considers

the North-South divide, Patent Intensity and Economic Growth is an important empirical study on the uncertain relationship between patents and economic growth. It considers

the impact of one-size-fits-all patent policies on developing countries and their innovation-

the impact of one-size-fits-all patent policies on developing countries and their innovation-

based economic growth, including those policies originating from the World Intellectual

based economic growth, including those policies originating from the World Intellectual

Cambridge Intellectual Property and Information Law

Patent Intensity and Economic Growth

Patent Intensity and Economic Growth

Daniel Benoliel

Daniel Benoliel

Property Organization, the World Trade Organization and the World Health Organization, as well as initiatives derived from the TRIPS Agreement and Washington Consensus. This

Property Organization, the World Trade Organization and the World Health Organization, as well as initiatives derived from the TRIPS Agreement and Washington Consensus. This

book argues against patent harmonization across countries and provides an analytical

book argues against patent harmonization across countries and provides an analytical

framework for country group coalitioning on policy at UN-level. It will appeal to scholars

framework for country group coalitioning on policy at UN-level. It will appeal to scholars

and students of patent law, national and international policy makers, venture capitalist investors, and research and development managers, as well as researchers in intellectual

and students of patent law, national and international policy makers, venture capitalist investors, and research and development managers, as well as researchers in intellectual

property, innovation and economic growth.

property, innovation and economic growth.

Dr. Daniel Benoliel is a Professor of Law at the University of Haifa Faculty of Law and a member of the Haifa Center of Law and Technology (HCLT). His main fields of expertise

Dr. Daniel Benoliel is a Professor of Law at the University of Haifa Faculty of Law and a member of the Haifa Center of Law and Technology (HCLT). His main fields of expertise

include international intellectual property, patent law and innovation, public International

include international intellectual property, patent law and innovation, public International

law and entrepreneurship law.

law and entrepreneurship law.

cambridge tax law series Cover image: to come

Cover image: to come

Series design by Zoe Naylor

Michelle Ratton Sanchez-Badin

cambridge tax law series

International Tax Policy

The books will be of interest for those studying law, business, economics, accounting and finance courses.

Series design by Zoe Naylor

Tax law is a growing area of interest, as it is included as a subdivision in many areas of study and is a key consideration in business needs throughout the world. Books in this series will expose the theoretical underpinning behind the law to shed light on the taxation systems, so that the questions to be asked when addressing an issue become clear. These academic books, written by leading scholars, will be a central port of call for information on tax law. The content will be illustrated by case law and legislation.

Universidade Federal do Rio Grande do Sul, Brazil

www.cambridge.org/9781107190030

tsilly dagan

Tax law is a growing area of interest, as it is included as a subdivision in many areas of study and is a key consideration in business needs throughout the world. Books in this series will expose the theoretical underpinning behind the law to shed light on the taxation systems, so that the questions to be asked when addressing an issue become clear. These academic books, written by leading scholars, will be a central port of call for information on tax law. The content will be illustrated by case law and legislation.

Fabio Morosini

For all formats available, see

Between Competition and Cooperation

tsilly dagan

cambridge tax law series

Reconceptualizing International Investment Law from the Global South

2017 978-1-107-19003-0 £85.00 / $110.00

Between Competition and Cooperation

cambridge tax law series

International Tax Policy

Cover illustration: One Dollar Banknote in Human Hands / narvikk / E+ / Getty Images

International Tax Policy

Benoliel. 9781107098909. PPC. C M Y K

Edited by Fabio Morosini and Michelle Ratton Sanchez Badin

the founding pillars of an alternative economic order.

International Tax Policy

Benoliel. 9781107098909. PPC. C M Y K

there are differences in approaches to the investment regimes proposed by countries in the South, we identify commonalities that could function as

This book explores one of the most significant trends in the evolution of global tax systems by asking how, within less than half a century, the value-added tax (VAT) has risen from relative obscurity to become one of the world’s most dominant revenue instruments. Despite its significance, very little is known about why so many countries have adopted the VAT and, in particular, why different countries adopt the types of VAT that they do. Popular mythology provides that the merits of the VAT have underpinned its global spread; however, this book contends that much scholarship on the VAT confuses the question of why the VAT has risen to dominance with the issue of what makes a good VAT. This book combines policy and legal analysis to propose a new way of understanding the rise of this important revenue instrument so as to better reflect the realities of the VATs that are actually implemented.

Patent Intensity and Economic Growth

mainstream versions promoted by the North. While we recognize that

This book explores one of the most significant trends in the evolution of global tax systems by asking how, within less than half a century, the value-added tax (VAT) has risen from relative obscurity to become one of the world’s most dominant revenue instruments. Despite its significance, very little is known about why so many countries have adopted the VAT and, in particular, why different countries adopt the types of VAT that they do. Popular mythology provides that the merits of the VAT have underpinned its global spread; however, this book contends that much scholarship on the VAT confuses the question of why the VAT has risen to dominance with the issue of what makes a good VAT. This book combines policy and legal analysis to propose a new way of understanding the rise of this important revenue instrument so as to better reflect the realities of the VATs that are actually implemented.

Benoliel

alternative versions of legal ordering that do not always sit well with

recognize that

Morosini and Sanchez Badin. 9781107190030. PPC. C M Y K

sit well with

Cambridge Intellectual Property and Information Law

Reconceptualizing International Investment Law from the Global South

Patent Intensity and Economic Growth

policies more effectively, some countries in the South are increasingly

skeptical of this version of economic order and are experimenting with

Reconceptualizing International Investment Law from the Global South

e increasingly

rimenting with

gimes proposed by

could function as

Reconceptualizing International Investment Law from the Global South

Reconceptualizing International Investment Law from the Global South

preferred economic orientation. While some countries in the North seek to create alternative institutional spaces in order to promote neoliberal

dagan

order should be constituted in order to advance their national interests and

n the North seek

dagan

Countries in the North and South are currently rethinking how economic

tional interests and

Benoliel

part of a broader attempt to transform the international economic order.

ing how economic

mote neoliberal

Morosini and Sanchez Badin

This book shows how the current reform in investment regulation is

economic order.

Morosini and Sanchez Badin

regulation is

NEW AND FORTHCOMING

International Tax Policy Between Competition and Cooperation

Tsilly Dagan Bar-Ilan University, Israel

Offers a theoretical framework for current international tax policy discussions. Criticising past and present co-operative initiatives, this book embraces structured competition as promoting efficiency and global justice. International tax scholars, policy-makers, teachers and students are provided with a coherent vocabulary for the pressing policy issues at stake.

Patent Intensity and Economic Growth Daniel Benoliel Haifa Center of Law & Technology

This book will appeal to scholars and students of patent law, including patent lawyers and attorneys. It will also provide valuable information to national and international policy makers, venture capitalist investors, and research and development managers, as well as for researchers in intellectual property, innovation and economic growth.

Cambridge Tax Law series

Cambridge Intellectual Property and Information Law series

2017 978-1-107-11210-0 £85.00 / $110.00

2017 978-1-107-09890-9 £95.00 / $125.00

For all formats available, see

For all formats available, see

www.cambridge.org/9781107112100

www.cambridge.org/9781107098909


financial courts), and offers a new vision for the role of international law

in maintaining and fostering global financial stability. In doing so, he fills

Federico Lupo-Pasini

a void in the law and economics literature, and puts forward a solution to

a void in the law and economics literature, and puts forward a solution to

tackle the problems of international cooperation in finance based on the

tackle the problems of international cooperation in finance based on the

use of international law.

use of international law.

Federico Lupo-Pasini is a lecturer in international business and finance

Federico Lupo-Pasini is a lecturer in international business and finance

law at Queen’s University Belfast School of Law. He studied at the World

law at Queen’s University Belfast School of Law. He studied at the World

Trade Institute and the National University of Singapore, and previously

Trade Institute and the National University of Singapore, and previously

worked at the University of New South Wales. He has been published in

worked at the University of New South Wales. He has been published in

numerous journals in the field of international economic law, and he has

numerous journals in the field of international economic law, and he has

served as a consultant on international finance and international trade law

served as a consultant on international finance and international trade law

for the Asian Development Bank, the EU, and various governments in Asia.

for the Asian Development Bank, the EU, and various governments in Asia.

Cover illustration: ‘The Spirit of ‘76’, detail of the painting by A. M. Willard. © Getty Images / Bettmann. Edited by Prisca Tami.

The Challenges of Cooperation and the Role of International Law Federico Lupo-Pasini

Cover illustration: ‘The Spirit of ‘76’, detail of the painting by A. M. Willard. © Getty Images / Bettmann. Edited by Prisca Tami.

Jo Shaw, University of Edinburgh, UK

Green Trade and Fair Trade in and with the EU

Jo Shaw, University of Edinburgh, UK

This series aims to produce original works which contain a critical analysis of the

state of the law in particular areas of European Law and set out different perspectives and suggestions for its future development. It also aims to encourage a range of work

on law, legal institutions and legal phenomena in Europe, including ‘law in context’

approaches. The titles in the series will be of interest to academics; policy-makers;

laurens ankersmit

policy formers who are interested in European legal, commercial and political affairs; practising lawyers, including the judiciary; and advanced law students and researchers.

Green Trade and Fair Trade in and with the EU

Green Trade and Fair Trade in and with the EU

This book explores how EU law constrains the freedom of the EU, the Member

This book explores how EU law constrains the freedom of the EU, the Member

States, and private bodies to adopt measures that seek to protect social and

States, and private bodies to adopt measures that seek to protect social and

environmental interests abroad by placing conditions on production processes

environmental interests abroad by placing conditions on production processes

in other states. The permissibility of such process-based measures has been

in other states. The permissibility of such process-based measures has been

examined primarily within the World Trade Organization (WTO) context, but the

examined primarily within the World Trade Organization (WTO) context, but the

challenges that they present are equally relevant for the EU internal market system.

challenges that they present are equally relevant for the EU internal market system.

Ankersmit identifies three core challenges posed by process-based measures from

Ankersmit identifies three core challenges posed by process-based measures from

an EU law perspective: extraterritoriality, unilateralism, and the competitive and

an EU law perspective: extraterritoriality, unilateralism, and the competitive and

democratic problems created by private rule-making. It examines these issues in

democratic problems created by private rule-making. It examines these issues in

the context of free movement, competition, public procurement, and EU tax law.

the context of free movement, competition, public procurement, and EU tax law.

This book will appeal to academics, policy makers, and practitioners interested in

This book will appeal to academics, policy makers, and practitioners interested in

trade and environment, the social impact of trade law, and European and interna-

trade and environment, the social impact of trade law, and European and interna-

tional market regulation.

tional market regulation.

L AU R E NS A N K E R S M I T is a lawyer at ClientEarth, Brussels and also teaches EU

L AU R E NS A N K E R S M I T is a lawyer at ClientEarth, Brussels and also teaches EU

external relations law at the University of Kent in Brussels.

external relations law at the University of Kent in Brussels.

Cover illustration: Study for The Market, 1974 (w/c and photomontage), Guttuso, Renato (1912–87) / Private Collection / Bridgeman Images

laurens ankersmit

approaches. The titles in the series will be of interest to academics; policy-makers;

policy formers who are interested in European legal, commercial and political affairs; practising lawyers, including the judiciary; and advanced law students and researchers.

15

C a mbr idge St u dies in Eu rope a n L aw a nd Pol ic y

Green Trade and Fair Trade in and with the EU

Process-based Measures within the EU Legal Order

and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including ‘law in context’

Cover designed by Hart McLeod Ltd

Sovereign Debt Crises

C a mbr idge St uCdies a mbrin idge Eu rope St u dies a n L aw in Eu a nd rope Pol a ic nL y aw a nd Pol ic y

joi n t e di t or s

Laurence Gormley, University of Groningen, The Netherlands

This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European Law and set out different perspectives

Green Trade and Fair Trade in and with the EU

The Challenges of Cooperation and the Role of International Law

In this analysis, Lupo-Pasini discusses some of the alternatives (such as the European Banking Union, Regulatory Passports, and international

financial courts), and offers a new vision for the role of international law in maintaining and fostering global financial stability. In doing so, he fills

C a mbr idge St u dies in Eu rope a n L aw a nd Pol ic y

joi n t e di t or s Laurence Gormley, University of Groningen, The Netherlands

978110 71912 2 8 A N K E R SM I T – GR E E N T R A DE A N D FA I R T R A DE I N A N D W I T H T H E E U PP C C M Y K

it encourages bad domestic governance and reduces capital mobility.

In this analysis, Lupo-Pasini discusses some of the alternatives (such as the European Banking Union, Regulatory Passports, and international

The Logic of Financial Nationalism

Green Trade and Fair Trade in and with the EU

it encourages bad domestic governance and reduces capital mobility.

Lupo-Pasini. 9781107189027. PPC. C M Y K

Lupo-Pasini. 9781107189027. PPC. C M Y K

The Logic of Financial Nationalism

as it still focuses more on the protection of national interests rather than

the promotion of global objectives. This is an inefficient approach because

The Logic of Financial Nationalism

The Logic of Financial Nationalism

the global financial system is still mainly based on a logic of financial

nationalism. International financial law plays a major role in this regard

as it still focuses more on the protection of national interests rather than the promotion of global objectives. This is an inefficient approach because

ankersmit

financial sovereignty, and the risks for the global financial system posed by the lack of international cooperation. Despite the post-crisis reforms,

the global financial system is still mainly based on a logic of financial nationalism. International financial law plays a major role in this regard

ankersmit

financial sovereignty, and the risks for the global financial system posed by the lack of international cooperation. Despite the post-crisis reforms,

Lupo-Pasini

Using case studies ranging from cross-border bank resolution to sovereign debt, the author analyzes the role of international law in protecting

Lupo-Pasini

Using case studies ranging from cross-border bank resolution to sovereign debt, the author analyzes the role of international law in protecting

978110 71912 2 8 A N K E R SM I T – GR E E N T R A DE A N D FA I R T R A DE I N A N D W I T H T H E E U PP C C M Y K

New and Forthcoming

Process-based Measures within the EU Legal Order

Cover illustration: Study for The Market, 1974 (w/c and photomontage), Guttuso, Renato (1912–87) / Private Collection / Bridgeman Images

Cover designed by Hart McLeod Ltd

The Logic of Financial Nationalism

Green Trade and Fair Trade in and with the EU

United Nations

The Challenges of Cooperation and the Role of International Law

Process-based Measures within the EU Legal Order

and Kunibert Raffer

Federico Lupo-Pasini

Laurens Ankersmit

Queen’s University Belfast

ClientEarth, Brussels

This book discusses the political economy and legal origins of financial nationalism and explains why regulation is necessary to contain systemic risk. The author also examines the critical role of international law in maintaining global financial stability, making this essential reading for scholars and practitioners in international law and finance.

This book provides a comprehensive overview of the legality of labour, environmental, and animal welfare standards to regulate the sale of goods produced abroad from an EU law perspective. It will appeal to academics, policy makers, activists and practitioners with a particular interest in this field.

2017 978-1-107-18902-7 £85.00 / $110.00

2017 978-1-107-19122-8 £85.00 / $110.00

For all formats available, see

For all formats available, see

What Have We Learned?

Juan Pablo Bohoslavsky University of Vienna This book aims at improving the understanding of debt crises and of how to resolve them while protecting human rights and the debtor’s economic recovery. To do so, it analyzes fourteen unique or singular debtor countries - some regarded as successful, some as unsuccessful in dealing with debt crises.

‘The indispensable guide to the modern history of debt crises.’ James K. Galbraith, author of Welcome to the Poisoned Chalice: The Destruction of Greece and the Future of Europe 2017 978-1-316-51044-5 £85.00 / $110.00

www.cambridge.org/9781107189027

Cambridge Studies in European Law and Policy

www.cambridge.org/9781107191228

For all formats available, see

www.cambridge.org/9781316510445

eBooks available at www.cambridge.org/ebookstore


16

electricity trade. The book explores the regulatory implications of the policy instruments aimed at supporting RE electricity and considers how best to

y governance.

promote greater overall coherence in international electricity governance.

World Trade Forum

Edited by Thomas Cottier and Ilaria Espa

ernational

Thomas Cottier is Professor Emeritus of European and International

ellow at the World

Economic Law at the University of Bern, a senior research fellow at the World

ttawa, Faculty of Law.

Trade Institute and adjunct professor at the University of Ottawa, Faculty of Law.

chigan Law School,

He was educated at the University of Bern, University of Michigan Law School,

He was previously

and has been a visiting fellow at Cambridge University, UK. He was previously

Office and has served

Deputy-Director General of the Swiss Intellectual Property Office and has served as a member or chair of several GATT and WTO panels.

stitute (WTI),

Ilaria Espa is a senior research fellow at the World Trade Institute (WTI),

toral Programme and

University of Bern, Academic Coordinator of the WTI Doctoral Programme and

fellow, she received

a lecturer at the University of Milan. A former Marie Curie fellow, she received

University with a

her PhD in International Law and Economics from Bocconi University with a

Metals: Testing the

dissertation on Export Restrictions on Critical Minerals and Metals: Testing the

2015).

Adequacy of WTO Disciplines (Cambridge University Press, 2015).

World Trade Forum Edited by Thomas Cottier and Ilaria Espa

Cover illustration: Highroads and Byroads by Paul Klee © Leemage / Hulton Fine Art Collection / Getty Images

and pro-competitive interpretation that could be pursued by policy

and pro-competitive interpretation that could be pursued by policy

makers and negotiators. This comprehensive, multidisciplinary study will

makers and negotiators. This comprehensive, multidisciplinary study will

help academics and policymakers improve their understanding of the

help academics and policymakers improve their understanding of the

contemporary international legal regimes governing intellectual property

contemporary international legal regimes governing intellectual property

Interpreting the TRIPS Agreement for Environmentally Sound Technologies

rights and innovation and transfer of environmentally sound technologies.

rights and innovation and transfer of environmentally sound technologies.

It also offers practical guidance for further developing a legal system

It also offers practical guidance for further developing a legal system

capable of responding to the challenges posed by climate change.

capable of responding to the challenges posed by climate change.

Wei Zhuang

Wei Zhuang is an Associate Lawyer in the Geneva Office of Van Bael &

Wei Zhuang is an Associate Lawyer in the Geneva Office of Van Bael &

Bellis. She assists governments in WTO dispute settlement proceedings and

Bellis. She assists governments in WTO dispute settlement proceedings and

advises companies in trade remedy investigations. Previously, she worked

advises companies in trade remedy investigations. Previously, she worked

at the United Nations and the WTO. She was also a Marie Curie Fellow

at the United Nations and the WTO. She was also a Marie Curie Fellow

with the DISSETTLE (Dispute Settlement in Trade: Training in Law and

with the DISSETTLE (Dispute Settlement in Trade: Training in Law and

Economics) Programme, a Visiting Fellow at the University of Cambridge

Economics) Programme, a Visiting Fellow at the University of Cambridge

(Lauterpacht Centre for International Law) and a Research Fellow at the

(Lauterpacht Centre for International Law) and a Research Fellow at the

Max Planck Institute for IP and Competition Law.

Max Planck Institute for IP and Competition Law.

Cover image © Estate of Stephen Laurence Strathdee / iStock / Getty Images Plus

Cover image © Estate of Stephen Laurence Strathdee / iStock / Getty Images Plus

Cambridge Intellectual Property and Information Law

Intellectual Property Rights and Climate Change Interpreting the TRIPS Agreement for Environmentally Sound Technologies Wei Zhuang

UPOV and the UPOV Convention are increasingly relevant and important. They have technical, social and normative legitimacy and have standardised numerous concepts

and practices related to plant varieties and plant breeding. In this book, Jay Sanderson provides the first sustained and detailed account of the Convention. Building upon

and practices related to plant varieties and plant breeding. In this book, Jay Sanderson provides the first sustained and detailed account of the Convention. Building upon

the idea that it has an open-ended and contingent relationship with scientific, legal,

the idea that it has an open-ended and contingent relationship with scientific, legal,

technical, political, social and institutional actors, the author explores the Convention’s

history, concepts and practices. Part I examines the emergence of the UPOV Convention during the 1950s, and its expanding legitimacy in relation to plant variety protection.

history, concepts and practices. Part I examines the emergence of the UPOV Convention during the 1950s, and its expanding legitimacy in relation to plant variety protection.

Part II explores the Convention’s key concepts and practices, including plant breeder,

Part II explores the Convention’s key concepts and practices, including plant breeder,

plant variety, plant names (denomination), characteristics, protected material, essentially derived varieties (EDV) and farm saved seed. This book is an invaluable resource for academics, policy-makers, agricultural managers and researchers in this field.

Jay Sanderson is an Associate Professor at USC Law School (USC Australia), a member of the Australian Centre for Intellectual Property in Agriculture (ACIPA), and an Adjunct with the Law Futures Centre, Griffith University Law School, Queensland. He has published

widely on issues of intellectual property, plants and agri-food, and has been cited by

widely on issues of intellectual property, plants and agri-food, and has been cited by

Australia’s Productivity Commission and Advisory Council on Intellectual Property. He is

Australia’s Productivity Commission and Advisory Council on Intellectual Property. He is

co-editor of The Intellectual Property and Food Project: From Rewarding Innovation and

co-editor of The Intellectual Property and Food Project: From Rewarding Innovation and

Creation to Feeding the World (with Charles Lawson, 2013).

Creation to Feeding the World (with Charles Lawson, 2013).

Cover illustration: close-up of spiral leaf pattern by

Cover illustration: close-up of spiral leaf pattern by

Marie Stone, Getty Images.

Marie Stone, Getty Images.

Interpreting the TRIPS Agreement for Environmentally Sound Technologies

Thomas Cottier

Wei Zhuang

Universität Bern, Switzerland

University of Geneva

and Ilaria Espa

This book aims to make the international regime of intellectual property rights more climate-friendly, enabling better access to and increased use of low carbon technologies. In the context of the recently signed Paris Agreement, this multidisciplinary and thorough study offers innovative ideas and practical guidance for academics as well as policymakers.

For all formats available, see

www.cambridge.org/9781107163348

This book offers an excellent and comprehensive examination of the tensions surrounding global intellectual property rights and the cross-border diffusion of the technologies necessary to fight climate change. Wei Zhuang’s intriguing ideas will provoke scholars and policymakers in both developed and developing countries alike, as the world struggles to find the right balance.’ Mark Wu, Harvard University 2017 978-1-107-15808-5 £95.00 / $125.00 For all formats available, see

www.cambridge.org/9781107158085

Jay Sanderson

Jay Sanderson is an Associate Professor at USC Law School (USC Australia), a member of the Australian Centre for Intellectual Property in Agriculture (ACIPA), and an Adjunct with the Law Futures Centre, Griffith University Law School, Queensland. He has published

Regulatory Challenges in International Economic Law

2017 978-1-107-16334-8 £89.99 / $140.00

The Nature and History of the UPOV Convention

plant variety, plant names (denomination), characteristics, protected material, essentially derived varieties (EDV) and farm saved seed. This book is an invaluable resource for academics, policy-makers, agricultural managers and researchers in this field.

Intellectual Property Rights and Climate Change

This book targets policy-makers, academics and civil society concerned with how trade in electricity is changing and its effects on climate. It examines developments in electricity trade integration, explores the reasons, the implications for the trade and investment legal framework, and the future agenda for long-distance trade in renewable energy.

Plants, People and Practices

technical, political, social and institutional actors, the author explores the Convention’s

International Trade in Sustainable Electricity

Universität Bern, Switzerland

Cambridge Intellectual Property and Intellectual InformationProperty Law Cambridge and Information Law

UPOV and the UPOV Convention are increasingly relevant and important. They have technical, social and normative legitimacy and have standardised numerous concepts

Cambridge Intellectual Property and Information Law

Plants, People and Practices

economic, legal and policy-related – posed by long-distance and sustainable

the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced

Sanderson

in electricity, this book examines the most important challenges – technical,

and sustainable

rs how best to

Intellectual Property Rights and Climate Change

climate change. In this innovative work, Wei Zhuang systematically

examines the contextual elements that can be used in the interpretation of

the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced

Plants, People and Practices

perspectives on the rapidly evolving landscape shaping international trade

nges – technical,

ons of the policy

the TRIPS Agreement could be a more effective instrument for mitigating

climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of

Sanderson

International Trade in Sustainable Electricity

experts in trade and energy law and policy, and offering novel, multidisciplinary

rnational trade

As the world confronts global warming, there is a growing consensus that

the TRIPS Agreement could be a more effective instrument for mitigating

Intellectual Property Rights and Climate Change

Regulatory Challenges in International Economic Law

vel, multidisciplinary

As the world confronts global warming, there is a growing consensus that

Zhuang

Regulatory Challenges in International Economic Law

electricity produced from renewable energy (RE) sources into the grid have made

long-distance electricity flows both feasible and desirable. Drawing on the work of

Intellectual Property Rights and Climate Change

International Trade in Sustainable Electricity

decarbonisation of the electricity sector in response to climate change. The

expansion of electricity networks and the integration of increasing shares of

to the grid have made

International Trade in Sustainable Electricity

International Trade in Sustainable Electricity

ate change. The

reasing shares of

Drawing on the work of

Zhuang

innovations, economic and geopolitical developments and the ongoing

Cottier and Espa

Cross-border trade in electricity is rapidly expanding as a result of technical

he ongoing

Cottier and Espa

esult of technical

New and Forthcoming

Plants, People and Practices The Nature and History of the UPOV Convention Jay Sanderson

Plants, People and Practices The Nature and History of the UPOV Convention

Jay Sanderson USC Law School, Australia

This book provides the first sustained and detailed account of the International Union for the Protection of New Varieties of Plants (UPOV) Convention and its key concepts and principles. This study highlights the importance of the Convention’s open-ended and contingent relationships with scientific, legal, technical, social and political actors. It will appeal to academics, policy makers, agricultural managers and researchers. Cambridge Intellectual Property and Information Law series

2017 978-1-107-12649-7 £79.99 / $125.00 For all formats available, see

www.cambridge.org/9781107126497


New and Forthcoming

a Defence Transatlantic Trade and Investment Partnership and beyond.

.

Luke R. A. Butler is a Lecturer in Law at the University of Bristol.

Luke R. A. Butler

ng, an

Luke’s research focuses on legal aspects of government contracting, an

hing in

interest informed by a decade of experience lecturing and researching in

values

commercial and international trade law. Outside academia, Luke values

ofessionals

the importance and opportunity of engaging with acquisition professionals

on

on the impact of law in practice. Most recently, Luke has lectured on

ademy.

procurement and commercial contract law at the UK Defence Academy.

s called

Luke R. A. Butler

termination or detailed definitions of standards of protection, this book identifies and discusses the main means by which States do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in States’ reassertion of control. Andreas Kulick is a senior research fellow at Eberhard Karls University Tübingen. He has published extensively on various aspects of public international law, including a previous monograph, Global Public Interest in International Investment Law (Cambridge University Press, 2012). He has advised and represented States with regard to various matters of public international law before international courts and tribunals, as well as before

of its kind to examine the many issues of procedure, substantive law and policy which arise from this trend. From procedural aspects such as early

Reassertion of Control over the Investment Treaty Regime

dismissal of claims, the establishment of appeals mechanisms or State-

State arbitration to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, this book

identifies and discusses the main means by which States do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in States’ reassertion of control.

Edited by Andreas Kulick

Andreas Kulick is a senior research fellow at Eberhard Karls University Tübingen. He has published extensively on various aspects of public

international law, including a previous monograph, Global Public Interest in International Investment Law (Cambridge University Press, 2012). He has advised and represented States with regard to various matters of public international law before international courts and tribunals, as well as before

domestic courts.

domestic courts.

Cover image: Colorful smeared abstract painting © Andrea, Getty Images

Cover image: Colorful smeared abstract painting © Andrea, Getty Images

All treaties, from human rights to international trade, include formal

All treaties, from human rights to international trade, include formal

exceptions that allow governments to legally break the rules that they have

exceptions that allow governments to legally break the rules that they have

committed to, in order to deal with unexpected events. Such institutional

committed to, in order to deal with unexpected events. Such institutional

“flexibility” is necessary, yet it raises a tricky theoretical question: how to

“flexibility” is necessary, yet it raises a tricky theoretical question: how to

allow for this necessary flexibility, while preventing its abuse? Krzysztof

Reassertion of Control over the Investment Treaty Regime Edited by Andreas Kulick

Pelc examines how designers of rules in vastly different settings come upon similar solutions to render treaties resistant to unexpected events. Essential for undergraduate students, graduate students, and scholars in political science, economics, and law, the book provides a comprehensive account of the politics of treaty flexibility. Drawing on a wide range of evidence, its multi-disciplinary approach addresses the paradoxes inherent in making and bending international rules.

Making and Bending International Rules

allow for this necessary flexibility, while preventing its abuse? Krzysztof

Pelc examines how designers of rules in vastly different settings come upon similar solutions to render treaties resistant to unexpected events.

Essential for undergraduate students, graduate students, and scholars in

The Design of Exceptions and Escape Clauses in Trade evidence, its multi-disciplinary approach addresses the paradoxes inherent Law political science, economics, and law, the book provides a comprehensive account of the politics of treaty flexibility. Drawing on a wide range of in making and bending international rules.

Krzysztof J. Pelc is William Dawson Scholar and Associate Professor in the Department of Political Science at McGill University, Montréal.

Previously, Luke taught at the University of Birmingham and was called

Krzysztof J. Pelc

Krzysztof J. Pelc is William Dawson Scholar and Associate Professor in the Department of Political Science at McGill University, Montréal.

Making and Bending International Rules

future initiatives, ranging from reformed market access arrangements to

eyond.

dismissal of claims, the establishment of appeals mechanisms or StateState arbitration to substantive issues such as joint interpretations, treaty

Pelc

ments to

research

EU and US Defence Procurement Regulation in the Transatlantic Defence Market

is being perceived – correctly or not – as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book

of its kind to examine the many issues of procedure, substantive law and policy which arise from this trend. From procedural aspects such as early

Making and Bending International Rules

t for

EU and US Defence foreign access and treatment under US law. Part III maps a future research in the Procurement Regulation agenda that is essential for a more systematic understanding of legal Transatlantic Defence barriers to transatlantic defence trade. The book provides context for Market

Driven by public opinion in host States, Contracting Parties to investment agreements are pursuing many avenues in order to curb a system that

is being perceived – correctly or not – as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book

Pelc

implications for third countries, in particular, the USA. Part II examines

Driven by public opinion in host States, Contracting Parties to investment agreements are pursuing many avenues in order to curb a system that

Reassertion of Control over the Investment Treaty Regime

amines

Transatlantic Defence Procurement

Kulick

between the USA and the European Union. Part I examines the external dimension of a new EU Defence Procurement Directive, focusing on its

Reassertion of Control over the Investment Treaty Regime

Transatlantic Defence Procurement offers a first analysis of the potential impact of defence procurement regulation itself as a barrier to trade

on its

Kulick

Transatlantic Defence Procurement

there has been repeated emphasis on the extent to which barriers to trade in Europe and the USA prevent a more competitive defence market.

de

Transatlantic Defence Procurement

Transatlantic Defence Procurement

to trade

et.

tential

xternal

gal

Butler

This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades

Butler

or

cades

17

Making and Bending International Rules The Design of Exceptions and Escape Clauses in Trade Law Krzysztof J. Pelc

to the Bar of England and Wales by the Middle Temple in 2009.

Cover illustration: A MC-130H Combat Talon II being refueled by a KC-135R Stratotanker. Credit: Gert Kromhout/Stocktrek Images © Getty Images

Cover image: Alexander Calder, Maripose (1960) © Calder Foundation, New-York / Artists Rights Society (ARS) New-York / SODRAC, Montreal (2016).

Cover image: Alexander Calder, Maripose (1960) © Calder Foundation, New-York / Artists Rights Society (ARS) New-York / SODRAC, Montreal (2016).

Transatlantic Defence Procurement

Reassertion of Control over the Investment Treaty Regime

Making and Bending International Rules

EU and US Defence Procurement Regulation in the Transatlantic Defence Market

Andreas Kulick

The Design of Exceptions and Escape Clauses in Trade Law

Luke R. A. Butler

Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb the powers of the investment treaty regime. This is the first book to examine the nature and efficacy of the means by which states are attempting to reassert control.

University of Bristol

This study offers a comparative insight into the regulation of defence procurement in the US and EU and significantly contributes to the contemporary debate on barriers to transatlantic trade. Primarily aimed at lawyers interested in procurement and international trade, acquisition professionals and researchers. 2017 978-1-107-11551-4 £95.00 / $125.00

Eberhard-Karls-Universität Tübingen, Germany

2016 978-1-107-17265-4 £95.00 / $125.00

Krzysztof J. Pelc McGill University, Montréal

All treaties include exceptions that allow governments to legally break the rules that they have committed to, but how do we incorporate this flexibility whilst preventing its abuse? Essential for students and scholars in politics and law, this multi-disciplinary approach addresses the paradoxes inherent in making and bending international rules.

For all formats available, see

2016 978-1-107-14086-8 £64.99 / $99.99

www.cambridge.org/9781107115514

For all formats available, see

For all formats available, see

www.cambridge.org/9781107172654

www.cambridge.org/9781107140868

For regular email alerts visit www.cambridge.org/alerts


18

New and Forthcoming

practitioners and academics, this volume draws upon investor-state arbitration and competition/antitrust disputes to focus on the application of economics to international trade law and specifically WTO law. Written in an accessible

Theresa Carpenter is Executive Director of the Centre for Trade and Economic Integration at the Graduate Institute of International and Development Studies, Geneva. Her previous publications have focused on regional trade agreements and their relationship to the WTO. Theresa holds a PhD in Economics, focusing on the links between trade and investment, from the Graduate Institute of International and Development Studies, Geneva. Marion Jansen is the Chief Economist of the International Trade Centre (ITC). She previously held senior positions in the World Trade Organization (WTO) and the International Labor Office (ILO). Her publications in the field of international trade and global governance cover domestic regulation and international trade and the social impacts of globalisation. She holds a PhD in economics from the Universitat Pompeu Fabra (Barcelona, Spain). Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, and the Murase Visiting Professor of Law at Georgetown Law Center. He served as legal officer at the WTO and advises governments and non-state actors in dispute settlement under the WTO and FTAs and investor-state arbitration. He is on the roster of WTO

Bilateral and Regional Trade Agreements Second edition Edited by Simon Lester The Cato Institute, Washington, DC

Bryan Mercurio The Chinese University of Hong Kong

and Lorand Bartels University of Cambridge

Aimed primarily at law professors, graduate students, lawyers and government officials working in international trade law, this two-volume set illustrates and analyses recent trends and innovations in bilateral and regional trade agreements. Bilateral and Regional Trade Agreements

2016 247 x 174 mm 552pp 8 b/w illus. 978-1-107-06381-5 2 Volume Hardback Set £175.00 / US$280.00 For all formats available, see

www.cambridge.org/9781107063815

Bilateral and Regional Trade Agreements Commentary and Analysis

Volume 1 Second edition 2016 978-1-107-06390-7 Hardback £110.00 / US$175.00 For all formats available, see

are under increased public scrutiny. With chapters contributed by leading practitioners and academics, this volume draws upon investor-state arbitration

The Use of Economics in International Trade and Investment Disputes

and competition/antitrust disputes to focus on the application of economics

to international trade law and specifically WTO law. Written in an accessible language suitable for a broad readership while providing concrete insights

designed for the specialist, this book will be of use to those active or interested in

the related fields of trade disputes, competition law, and investor-state arbitration. Theresa Carpenter is Executive Director of the Centre for Trade and Economic

Edited by Theresa Carpenter, Marion Jansen and Joost Pauwelyn

Integration at the Graduate Institute of International and Development Studies, Geneva. Her previous publications have focused on regional trade agreements and their relationship to the WTO. Theresa holds a PhD in Economics, focusing on the links between trade and investment, from the Graduate Institute of International and Development Studies, Geneva.

Marion Jansen is the Chief Economist of the International Trade Centre (ITC). She previously held senior positions in the World Trade Organization (WTO) and the International Labor Office (ILO). Her publications in the field of international trade and global governance cover domestic regulation and international trade and the social impacts of globalisation. She holds a PhD in economics from the Universitat Pompeu Fabra (Barcelona, Spain). Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, and the Murase Visiting Professor of Law at Georgetown Law Center. He served as legal officer at the WTO and advises governments and non-state actors in dispute settlement under the WTO and FTAs and investor-state arbitration. He is on the roster of WTO

panelists and is a Member of the ICSID Panel of Conciliators.

panelists and is a Member of the ICSID Panel of Conciliators.

Cover image: Gavel on financial line graph Credit: Larry Washburn

Cover image: Gavel on financial line graph Credit: Larry Washburn

The Use of Economics in International Trade and Investment Disputes

designed for the specialist, this book will be of use to those active or interested in the related fields of trade disputes, competition law, and investor-state arbitration.

Dispute settlement mechanisms of international trade or investment agreements

The Use of Economics in International Trade and Investment Disputes

language suitable for a broad readership while providing concrete insights

Carpenter, Jansen and Pauwelyn

are under increased public scrutiny. With chapters contributed by leading

Carpenter, Jansen and Pauwelyn

Dispute settlement mechanisms of international trade or investment agreements

The Use of Economics in International Trade and Investment Disputes Edited by Theresa Carpenter, Marion Jansen and Joost Pauwelyn

The Use of Economics in International Trade and Investment Disputes Edited by Theresa Carpenter Graduate Institute of Geneva

Marion Jansen International Trade Centre, Geneva

and Joost Pauwelyn

www.cambridge.org/9781107063907

Graduate Institute of Geneva

Bilateral and Regional Trade Agreements

This book explores the use of economics in international economic law. Containing contributions from both academic experts and practitioners, and from economic and legal experts, this book is written in a language that is accessible to an interdisciplinary readership.

Case Studies

Volume 2 Second edition 2016 978-1-107-06376-1 Hardback £89.99 / US$145.20 For all formats available, see

www.cambridge.org/9781107063761

2016 228 x 152 mm 426pp 978-1-107-14490-3 Hardback £95.00 / US$125.00 Publication October 2016 For all formats available, see

www.cambridge.org/9781107144903


New and Forthcoming

The Regulation of the Global Water Services Market

The Law and Economics of Framework Agreements

Edited by Julien Chaisse

Designing Flexible Solutions for Public Procurement

The Chinese University of Hong Kong

The book aims to analyse the development of the right to water from the perspective of human rights law. The book explores how this right may be used as a safeguard to the problems caused by the liberalisation of water services.

Gian Luigi Albano

2016 228 x 152 mm 420pp 1 b/w illus. 5 tables 978-1-107-16286-0 Hardback £95.00 / US$125.00

In this enlightening book, the authors undertake a thorough investigation of the current uses of framework agreements and clarify the legal and economic issues surrounding them.

Publication December 2016 For all formats available, see

www.cambridge.org/9781107162860

Research Unit, Consip Ltd, Rome

and Caroline Nicholas United Nations Office of Legal Affairs, UNCITRAL, Vienna

2016 228 x 152 mm 358pp 10 b/w illus. 978-1-107-07796-6 Hardback £69.99 / US$110.00 For all formats available, see

www.cambridge.org/9781107077966

19

Alternative Visions of the International Law on Foreign Investment Essays in Honour of Muthucumaraswamy Sornarajah

Edited by C. L. Lim The University of Hong Kong

These essays pay tribute to M. Sornarajah, Professor of Law at the National University of Singapore. The book surveys issues and themes connected with scholarly resistance to a neo-liberal perspective. It offers an account of the current backlash against investment treaties and investment arbitration in various countries. 2016 228 x 152 mm 529pp 3 b/w illus. 1 colour illus. 4 tables 978-1-107-13906-0 Hardback £89.99 / US$140.00 For all formats available, see

www.cambridge.org/9781107139060

Visit our website at www.cambridge.org/academic


20

NEW IN PAPERBACK

Sugar and the Making of International Trade Law

Reconceptualising Global Finance and its Regulation

Bounded Rationality and Economic Diplomacy

Michael Fakhri

Edited by Ross P. Buckley

University of Oregon

University of New South Wales, Sydney

The Politics of Investment Treaties in Developing Countries

Why have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties.

Emilios Avgouleas

Lauge N. Skovgaard Poulsen

… this is an excellent contribution to the literature on international trade law. It is remarkable in terms of its rigorous analysis of an important and neglected dimension of its history, the fresh perspective it offers on established conceptions about free trade and in terms of its broader implications for the future of the trade regime Anna Chadwick, European Journal of International Law 2017 978-1-316-63347-2 Paperback £22.99 / $34.99

University of Edinburgh

University College London

and Douglas W. Arner

Investment treaties have empowered foreign investors to file expensive, controversial, and wide-ranging claims against sovereign states. This book examines why and how the treaties were negotiated based on a novel theory of economic diplomacy rooted in behavioural economics and psychology.

The University of Hong Kong

In this book, top legal and financial scholars propose bold new solutions to international financial regulation in the wake of the 2008 global financial crisis. Their call for innovative reform will be of primary interest to regulatory and banking legal practitioners, policy makers, scholars, research students and think tanks. 2017 978-1-107-49838-9 Paperback £27.99 / $41.99 For all formats available, see

www.cambridge.org/9781107498389

Poulsen’s extensively-researched but succinctlywritten book is a tour de force. It should be read by all scholars and practitioners interested in the historical trajectory and ongoing policy issues associated with international investment treaties and arbitration, especially the topical issue of ISDS. Luke Nottage, Journal of World Investment and Trade

For all formats available, see

2017 978-1-107-55201-2 Paperback £24.99 / $39.99

www.cambridge.org/9781316633472

For all formats available, see

www.cambridge.org/9781107552012


New in Paperback

21

Public Procurement Regulation in Africa

State Strategies in International Bargaining

Edited by Geo Quinot

Play by the Rules or Change Them?

University of Stellenbosch, South Africa

Heather Elko McKibben

and Sue Arrowsmith

University of California, Davis

University of Nottingham

Drawing on original qualitative and quantitative evidence, this book demonstrates how the rules of the game influence the cooperative or coercive nature of the strategies adopted by all states in a negotiation. It provides a rich understanding of the nuances of states’ behavior in international bargaining processes.

Written with lawyers, public officials and government suppliers in mind, this book analyses the law on public procurement in various African systems, examines key issues relevant to all African states and suggests initiatives that can promote transparency, prevent corruption and improve the efficiency of public spending. … a comprehensive introduction into sub-Saharan public procurement systems and essential as well as critical public procurement issues from a comparative point of view … the book is an excellent starting point for academic research and debate and the promotion of engagement with this significant topic. Anne Schmidt, Law and Politics in Africa, Asia and Latin America 2017 978-1-316-64251-1 Paperback £22.99 / $34.99 For all formats available, see

www.cambridge.org/9781316642511

Cambridge Studies in International Relations series

Uses extensive empirical research to cast fresh light on the understudied question of why states use different bargaining strategies at different times. Other scholars should read this interesting contribution. John Odell, University of Southern California 2016 978-1-107-45054-7 Paperback £22.99 / $34.99 For all formats available, see

www.cambridge.org/9781107450547

eBooks available at www.cambridge.org/ebookstore


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The International Law on Foreign Investment

The Law and Policy of the World Trade Organization

4th edition M. Sornarajah

Text, Cases and Materials

The International Law on

Cover designed by Zoe Naylor

‘The new edition of The Law and Policy of the World Trade Organization secures its place as the pre-eminent textbook on the legal principles underpinning the purpose and functioning of the WTO. Even more exhaustively researched than the previous edition, this volume provides in-depth, contextualized discussion broken down into thoughtfully organized chapters along with concise and timely commentary reflecting recent developments in case law and beyond. Van den Bossche and Zdouc’s expansive knowledge of WTO law is unparalleled, just as their ability to convey often difficult concepts with clarity and charisma is industryleading. This book is highly recommended as an invaluable resource for international trade law scholars, practitioners, and policy-makers at all levels.’

Peter Van den Bossche WTO Appellate Body, Geneva

and Denise Prévost

Van den Bossche and Zdouc

The Law and Policy of the

Fourth edition

Cover illustration: ‘Illuminated globe with communications rings’ - Teekid, via Getty Images.

Marco Bronckers, University of Leiden

Peter Van den Bossche has been a Member of the Appellate Body of the World Trade Organization since 2009 and served as its Chair in 2015. He is Director of Studies and Professor of International Economic Law at World Trade Institute of the University of Bern, Switzerland. He is a visiting professor at the College of Europe, Bruges, Belgium; Maastricht University, the Netherlands; the University of Barcelona, Spain; and the Universidad San Francisco de Quito, Ecuador. From 1997 to 2001, he was counsellor at the Appellate Body Secretariat, and in 2001 served as Acting Director of the Secretariat. In the early 1990s, he worked as référendaire at the European Court of Justice. He studied law at the University of Antwerp (Lic. jur.), the University of Michigan (LLM) and the European University Institute, Florence (PhD).

ORGANIZATION

M. Sornarajah is C. J. Koh Professor at the Faculty of Law of the National University of Singapore and the former Tunku Abdul Rahman Professor of International Law at the University of Malaya at Kuala Lumpur.

Fourth edition

‘This is a stellar work on WTO law, which I have been using to great effect with my students since the very first edition. It keeps getting better, without growing out of bounds. This in itself is a remarkable achievement, given the increasing breadth and depth of WTO jurisprudence. Warmly recommended.’

WORLD TRADE

Suitable for postgraduate and undergraduate students, The International Law of Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

Foreign Investment

Addressing the pressing need to examine foreign investment law in the context of public international law and the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah’s classic text captures leading trends and charts the possible course of future developments.

The International Law on

Foreign Following the Trans-Pacific Investment Partnership (TPP) and Transatlantic M. Sornarajah Trade and Investment Partnership (TTIP), the wide discussion during the US presidential election and demonstrations against investorstate arbitration, foreign investment law has gained widespread public attention. Covering recent controversies in every aspect of the subject, The International Law on Foreign Investment remains the most comprehensive text available.

9781107157989 Van den Bosche & Zdouc PPC C M Y K

Following TPP and TTIP, the demonstrations against investor-state arbitration, the wide discussion during the 2016 US Presidential election and the US withdrawal from TPP, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility.

Sornarajah

9781107133624 Sornarajah PPC C M Y K

National University of Singapore

4th edition Peter Van den Bossche and Werner Zdouc

Essentials of WTO Law

Peter Van den Bossche and Werner Zdouc

The Law and Policy of the

WORLD TRADE

ORGANIZATION

Retaining its signature clarity and depth, this fully updated edition of the market-leading World Trade Organization (WTO) textbook covers both the institutional and substantive law of the WTO. The Law and Policy of the World Trade Organization is required reading for all WTO law students and practitioners. Questions, assignments and online exercises aid student understanding and engagement. David Collins, City University of London

Retaining the signature clarity and depth that made it an instant classic, this new fourth edition of The Law and Policy of the World Trade Organization examines both the institutional and substantive law of the WTO.

Fully updated to incorporate all new developments in the WTO’s body of case law, this market-leading text offers readers a clear introduction to the basic principles of the multilateral trading system and a detailed examination of the law of the World Trade Organization. With integrated questions and assignments which allow readers to easily assess and reinforce their understanding and develop their analytical skills, The Law and Policy of the World Trade Organization is essential reading for all WTO law students and practitioners. Suitable for postgraduate and advanced undergraduate students, this classic text is also the ideal resource for practitioners, diplomats and policy-makers looking for an introduction to the law of the WTO.

Werner Zdouc has been Director of the WTO Appellate Body Secretariat since 2006. He obtained a law degree from the University of Graz in Austria and then went on to earn an LLM from the University of Michigan and a PhD from the University of St Gallen in Switzerland. Dr Zdouc joined the WTO Legal Affairs Division in 1995 and the Appellate Body Secretariat in 2001. In 2008 to 2009 he chaired the WTO Joint Advisory Committee to the DirectorGeneral. He has been a lecturer and visiting professor at Vienna Economic University, the Universities of St Gallen, Zurich, Barcelona, Seoul and Shanghai and the Geneva Graduate Institute. From 1987 to 1989, he worked for governmental and non-governmental development aid organizations in Austria and Latin America.

Text, Cases and Materials

FOURTH EDITION

VanDenBossche&Zdouc

2017 9781107133624 Hardback

£99.00 / $160.00

2017 9781107157989 Hardback

£125.00 / $155.00

9781107590144 Paperback

£46.99 / $59.99

9781316610527 Paperback

£49.99 / $64.99

FOURTH EDITION

Maastricht University, The Netherlands

Intended for students and policymakers looking to gain a good understanding of WTO law, this overview of the main rules and procedures of the WTO is written in a concise, accessible and nontechnical manner, and provides both illustrative examples and reading lists to facilitate further learning. 2016 978-1-107-03583-6 Hardback

£49.99 / US$74.99

978-1-107-63893-8 Paperback £19.99 / US$29.99

Visit www.cambridge.org/alerts_new and select ‘Lecturer’ as your Job title


World Trade Review The World Trade Review was established at the initiative of

the Secretariat of the World Trade Organization (WTO) in close cooperation with Cambridge University Press.

It is an independent journal – the Editor and all but one member of the Editorial Board are drawn from university faculties – that

includes articles written from economic, legal, political and inter-

disciplinary perspectives on issues of relevance to the multilateral trading system. Priority is given to papers that, along with being academically rigorous, are also accessible to government policy officials and the wider public.

The journal also includes shorter articles seeking to rebut or challenge published papers.

Find out more at cambridge.org/core/wtr


Recommend these titles to your librarian for institutional purchasing, or alternatively order: cambridge.org/TradeEconomicLaw +44 (0)1223 326050 +1 845 353 7500 (Americas) directcustserve@cambridge.org orders@cambridge.org (Americas)

WTO co-publications are also for sale via the WTO bookshop. The WTO Bookshop: Centre William Rappard Rue de Lausanne 154 1211 Geneva 21 Switzerland bookshop@wto.org sales@wto.org


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