The Oxford Handbook of International Trade Law

by Daniel Bethlehem (Editor), Donald McRae (Editor), Rodney Neufeld (Editor), Isabelle Van Damme (Editor)

Overview

Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalisation. The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes? This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations. Oxford Handbooks offer authoritative and up-to-date surveys of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.

Product Details

ISBN-13:	9780191024511
Publisher:	OUP Oxford
Publication date:	01/08/2009
Series:	Oxford Handbooks
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

Daniel Bethlehem is Legal Adviser to the United Kingdom Foreign and Commonwealth Office. Prior to taking up this position, he was Lecturer at the Faculty of Law, University of Cambridge and Queens Counsel practising at 20 Essex Street Chambers in London. Donald McRae is the Hyman Soloway Professor of Business and Trade Law at the University of Ottawa. He has been counsel in WTO disputes and has sat on dispute settlement panels under the Canada-US Free Trade, Agreement, NAFTA, the WTO and ICSID. He is a member of the International Law Commission. Rodney Neufeld is a Legal Officer at the Foreign Affairs and International Trade Canada, Oceans Law Section. He also teaches international law, including international economic law, at the Universities of Ottawa and Carleton, and is an Executive Committee Member of the Canadian Council on International Law. Dr. Isabelle Van Damme is a Fellow and College Lecturer at Clare College and Affiliated University Lecturer at the University of Cambridge, Faculty of Law. She has published and lectured on WTO law, EU law, the law of treaties, the fragmentation of international law, and international institutional law.

Table of Contents

1. Introduction, The EditorsPart I: The Regulation of International Trade2. The Development of the Regulation of International Trade: the Past and the Future, Donald McRae3. The Regulation of International Trade: An Economic Perspective, Kamal Saggi and Simon Schropp4. The Sources of International Law, Matthew Kennedy5. International Trade Law Institutions, James Flett and Mislav Mataija6. The Influence of International Trade Law on International Law, James Crawford and Freya Baetens7. The Regulation of International Trade and (Democratic) Legitimacy, Manfred ElsigPart II: Bilateral and Regional Trade Agreements8. North American Trade: NAFTA and US-caused Global Trade Tensions, Robert Brookfield and Lori Di Pierdomenico9. Pacific Trade, Yuka Fukunaga and Pasha L. Hsieh10. Trans-Atlantic Trade; the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, Sylvie Tabet and Colin M. Brown11. European Trade, Holger P. Hestermeyer12. International Trade Policy in Latin America (Pacific Alliance - MERCOSUR), Jorge Luis Changanaquí Miranda and John Ramiro Cusipuma Frisancho13. China, Trade, and Investment Liberalization, Henry Gao14. Eurasian Economic Union, Trade, and Investment Liberalization, Marina Trunk-Fedorova15. Africa, Trade, and Investment Liberalization, Kholofelo Kugler and Mulualem Getachew AdgehPart III: Substantive Law16. An Introduction to Core Principles of International Trade Law, Katherine Connolly and Nicolas Lockhart17. Trade in Goods, Ricardo Ramírez-Hernández18. Trade in Services, Chantal Ononaiwu19. Promotion and Protection of Intellectual Property, Irene Calboli20. Trade in Agriculture, Fiona Smith21. Trade Remedies in International Trade, Hugo Perezcano DíazPart IV: Balancing Trade and Non-Trade Objectives22. Development, Aid, and Preferential Systems, Jan Yves Remy and Alicia Nicholls23. Progressive Trade: Labour and Gender, Marcus Gustafsson and Amrita Bahri24. Balancing Market and Non-Market Objectives: Access to Medicines, Jayashree Watal25. Environment, Damilola S. Olawuyi26. Food Safety: Balancing SPS Scientific Principles and Article XX(b) Sovereignty, Marsha A. Echols27. National Security, Isabelle Van Damme28. Privacy and Data Protection, Mira BurriPart V: International Trade Law Development Beyond the WTO29. Digital Trade, Shin-Yi Peng30. State-Owned Enterprises (SOEs): a Trans-Pacific Partnership (TPP) Agreement Experience in Developing New Disciplines in the New World Order, Juliana Nam31. Fisheries, Margaret A. Young32. Investment Law's Monstrous Reform, Rodney Neufeld33. Financial Services Law, Rosa Lastra and Marco BodelliniPart VI: The Settlement of Trade Disputes in the WTO and Bilateral/Regional Trade Agreements34. Institutions, David Unterhalter and Erika Schneidereit35. Interpretation, Peter Van den Bossche and Parika Ganeriwal36. Jurisdiction and Applicable Law in the WTO and Free Trade Agreements, Lorand Bartels37. Remedies and Compliance, Geraldo Vidigal38. Procedural and Evidentiary Issues, Andreas Sennekamp and Federico Ortino39. Stakeholders in International Trade Law Dispute Settlement, Katherine Connolly and Todd Friedbacher40. Alternative Dispute Settlement in the GATT and WTO, Amy PorgesPart VII: Conclusion41. Concluding Chapter, Daniel Bethlehem

Editorial Reviews

"The Oxford Handbook of International Trade Law is an important contribution to the literature and one that will appeal to the scholar, practitioner, and advanced student of international law and economic relations" —Mary Footer, World Trade Reviews

From the Publisher