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Author: Sergio Puig Publisher: ISBN: Category : Languages : en Pages : 33
Book Description
The Article makes two contributions. First, it locates the causes of the increase in parallel, overlapping or related proceedings in the enforcement of international trade and investment agreements in two distinct but interrelated dynamics: the inseparability or 'convergence' of trade and investment and 'minilateralism' -- or the expansion of regional trade agreements as an alternative to global negotiations. In contrast to some accounts, the Article is not troubled by this phenomenon. Instead it explores the intersections between international trade regulations and investment law during the process of enforcement. Specifically, it describes how the expansion of economic arrangements creates spaces to maneuver and innovate and proposes a framework of six strategies to understand the combination of different but related bodies of laws. Second, the Article presents policy-makers and treaty negotiators with a palette of targeted options that can help to control some of the consequences of these strategies. I argue that while it may be close to impossible to catalog all the consequences of converging structures, overlapping jurisdictions, and parallel lawmakers of trade and investment, states can promote coordination across tribunals and, to a limited extent, among independent but interconnected regimes by understanding the ways economic agreements interact as an international regimes complex.
Author: Sergio Puig Publisher: ISBN: Category : Languages : en Pages : 33
Book Description
The Article makes two contributions. First, it locates the causes of the increase in parallel, overlapping or related proceedings in the enforcement of international trade and investment agreements in two distinct but interrelated dynamics: the inseparability or 'convergence' of trade and investment and 'minilateralism' -- or the expansion of regional trade agreements as an alternative to global negotiations. In contrast to some accounts, the Article is not troubled by this phenomenon. Instead it explores the intersections between international trade regulations and investment law during the process of enforcement. Specifically, it describes how the expansion of economic arrangements creates spaces to maneuver and innovate and proposes a framework of six strategies to understand the combination of different but related bodies of laws. Second, the Article presents policy-makers and treaty negotiators with a palette of targeted options that can help to control some of the consequences of these strategies. I argue that while it may be close to impossible to catalog all the consequences of converging structures, overlapping jurisdictions, and parallel lawmakers of trade and investment, states can promote coordination across tribunals and, to a limited extent, among independent but interconnected regimes by understanding the ways economic agreements interact as an international regimes complex.
Author: Xavier Seuba Publisher: Cambridge University Press ISBN: 1108247954 Category : Law Languages : en Pages : 497
Book Description
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
Author: Hans W Micklitz Publisher: Bloomsbury Publishing ISBN: 1849468931 Category : Law Languages : en Pages : 336
Book Description
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
Author: Xavier Seuba Publisher: Cambridge University Press ISBN: 1108415164 Category : Business & Economics Languages : en Pages : 497
Book Description
A complete picture and thorough analysis of the international norms and bodies dealing with the enforcement of intellectual property rights.
Author: Manfred Elsig Publisher: Cambridge University Press ISBN: 1108967124 Category : Political Science Languages : en Pages : 520
Book Description
The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
Author: Kerstin Blome Publisher: Cambridge University Press ISBN: 1107126576 Category : Law Languages : en Pages : 397
Book Description
This study of regime collisions in international law combines theoretical contributions by leading scholars in the field with case studies.
Author: Margaret A. Young Publisher: Cambridge University Press ISBN: 1139504932 Category : Law Languages : en Pages :
Book Description
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author: Gregory Messenger Publisher: Oxford University Press ISBN: 0191025801 Category : Law Languages : en Pages : 241
Book Description
The World Trade Organization is a central player in international trade regulation. The rights and duties that form WTO law are not created in a vacuum, however, and there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization. The Development of World Trade Organization Law: Examining Change in International Law examines the development of WTO law through an analysis of competing global actors, norms, and institutions. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law yet not in control of it. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law: safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
Author: Sergio Puig
Author: Sergio Puig
Author: Xavier Seuba
Author: Hans W Micklitz
Author: Xavier Seuba
Author: Manfred Elsig
Author: Judith Goldstein
Author: Kerstin Blome
Author: Margaret A. Young
Author: United Nations. International Law Commission
Author: Gregory Messenger