International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

by Julien Chaisse (Editor), Tsai-yu Lin (Editor)

Overview

Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.

Product Details

ISBN-13:	9780191084133
Publisher:	OUP Oxford
Publication date:	08/11/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	624
File size:	4 MB

About the Author

Julien Chaisse is Professor at the City University of Hong Kong, School of Law. He is an award-winning scholar of international law with a focus on the regulation and development of economic globalization. His teaching and research include international trade/investment law, international taxation, international arbitration, and Internet law. Dr. Chaisse has published numerous well-regarded and widely cited books and articles and his scholarship has been cited with approval by international courts/tribunals, and U.S. Courts.Dr. Chaisse has over fifteen years teaching experience at universities mainly in Hong Kong, U.S., and Europe. Dr. Chaisse served as a senior fellow at the World Trade Institute (Switzerland), and as a diplomat for the Embassy of France in New Delhi (India). Tsai-yu Lin is Professor in the College of Law and Director of the Asian Center for WTO and International Health Law and Policy at the National Taiwan University.

Table of Contents

1. Developing and Strengthening International Economic Law: the Contribution of Mitsuo Matsushita, Julien Chaisse and Tsai-yu Lin
1. RULES-BASED INTERNATIONAL DISPUTE SETTLEMENT
2. Developing and Strengthening International Economic Law: the Contribution of Mitsuo Matsushita, William J. Davey
3. The Dispute Settlement System of the WTO: A Bright Picture with a Few Dark Spots, Claus-Dieter Ehlermann
4. The Scope of Regulatory Autonomy of WTO Members under Article III.4 of the GATT: A Critical Analysis of the Jurisprudence of the WTO Appellate Body, Frieder Roessler
5. How to Reconcile Health Law and Economic Law with Human Rights? Looking for Hercules in the WTO Appellate Body, Ernst-Ulrich Petersmann
6. The WTO Jurisprudence of Article XX(g) and the Conservation of Natural Resources, Joel P. Trachtman
7. Balancing Investment Protection and Other Public Policy Goals: Lessons from World Trade Organization (WTO) Jurisprudence, Yasuhei Taniguchi and Tomoko Ishikawa
8. Trade Law and the Vienna Treaty Convention's Systemic Integration Clause, Chin Leng Lim
9. When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence, Meredith Kolsky Lewis
10. Taming Investor-State Arbitration? Joint Committees and Binding Interpretations, Jaemin Lee
11. The Limits of Legalization in Asia-Pacific Investment Treaty Arbitration?, Luke Nottage
2. NORMATIVE INFLUENCES TO AND FROM WTO LAW
12. The Interplay between the G20 and the WTO: Informal Law-making in Action, Jan Wouters
13. Unfinished Business - Competition Law and the WTO, Rolf H. Weber
14. Competition Law in Emerging Markets: the virtue of regulatory diversity, Frederick M. Abbott
15. Untangling the Triangle - Issues for State-Controlled Entities in Trade, Investment and Competition Law, Julien Chaisse
16. In Search of Coherence: Navigating the WTO in the Universe of International Law, Chien-Huei Wu
17. Natural Resources and the Rules of the Multilateral Trading System: A Sustainable Perspective, Thomas J. Schoenbaum
18. Facilitating Coherent Application of WTO Law within and outside the Organization: Investment Regime as an Example, Thomas J. Schoenbaum
19. Reinterpretation of the National Treatment Principle: Making International Economic Law a Friend of Global Governance of Environmental Protection, Won-Mog Choi
20. The Soft Law Approach to Regulatory Harmonization: Are We Trading Away Privacy for Economic Integration?, Shin-yi Peng
3. ISSUES IN THE POLICY AND LAW MAKING PROCESS
21. Members Only: Embracing Diversity in the WTO, Bernard Hoekman and Petros Mavroidis
22. TTIP and the post-Bali WTO: Toward a New World Trade Order?, David Gantz and Laura Nielsen
23. Regulatory Co-operation through Mega-FTAs: Possibilities and Challenges, Junji Nakagawa
24. Rise of the Plurilaterals: Threat or Opportunity for Multilateral Trade Governance, Anuradha R.V.
25. Trade in Pharmaceuticals: Patents and Access to Medicines since TRIPS - Some certainty and several lingering questions, Bryan Mercurio
26. Trans-Pacific Partnership Intellectual Property Controversies, Raj Bhala
27. Interdependence and the WTO Agreement as a 'Contractual Constitution', Chi Carmody
28. Bridging Global and Regional Governance of International Trade, Chang-fa Lo
29. Decision-making in the WTO: From negotiated law-making to judicial law-making, Rajesh Babu
30. Legal Development of WTO Trade Remedy Practices in East Asia, Dukgeun Ahn
31. A Managerial Approach to Secure Compliance with the SPS Agreement, Yuka Fukunaga
32. Conclusion - Thoughts on the WTO's next Twenty Years, Julio Lacarte Muro

Editorial Reviews

"This book offers a number of well-developed and nuanced analyses of many of the major problems that are facing the contemporary system of international economic law. ... the authors offer a credible, insider's view of the WTO and other branches of international economic law, and each identifies problems that might risk destabilizing the system." — Alex Tagawa, New York University, Journal of International Law and Politics

"The Festschrift dedicated to Mitsuo Matsushita, one of the founding members of the Appellate Body of World Trade Organization in 1995, is a "must read" volume on international economic laws for both scholars and policy makers working on WTO and RTA related matters. Leading experts who are all his friends have written more than thirty essays on international economic law and governance that give readers fresh insight into the future of international economic governance." — Shintaro Hamanaka, Asian Journal of WTO & International Health Law and Policy

"With the ever-expanding WTO case law universe, the present volume, which extensively refers to relevant disputes to drive a point home, is a must-read reference to the academicians, policymakers and researchers." - Debashis Chakraborty, Journal of Economics Bibliography

From the Publisher