Mega-Regional Trade Agreements: CETA, TTIP, and TiSA

New Orientations for EU External Economic Relations
Author: Stefan Griller,Walter Obwexer,Erich Vranes
Publisher: Oxford University Press
ISBN: 0198808895
Category:
Page: 368
View: 4803

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The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal ofacademic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines the main motivations for negotiating mega-regionalagreements and changing conceptions of international economic law. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement disciplines envisaged in these 'mega-regional' agreements. Going on to consider the progress made inintellectual property protection, the problems associated with data protection, disciplines on financial services, human rights, labour and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other handare analysed. Concluding with four chapters that discuss the discuss fundamental questions surrounding these mega-regional agreements from an economic, a political science, and a legal perspective.

Emissions Trading Schemes under International Economic Law


Author: James Munro
Publisher: Oxford University Press
ISBN: 0192563858
Category: Law
Page: 224
View: 7212

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The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market. However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements. Munro addresses this issue by evaluating whether carbon units qualify as 'goods', 'services', 'financial services', and 'investments' under international economic law and showing how international economic law applies to emissions trading scheme in diverse and unexpected ways. Further, by engaging in a comparative assessment of schemes around the world, his book illustrates how and why all emissions trading schemes engage in various forms of violations of international economic law which would not, in most instances, be justified by environmental or other exceptions. In doing so, he demonstrates how such schemes can be designed or reformed in ways to ensure their future compliance.

Mega-Regional Trade Agreements


Author: Thilo Rensmann
Publisher: Springer
ISBN: 3319566636
Category: Law
Page: 376
View: 7667

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This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

The Politics of Transatlantic Trade Negotiations

TTIP in a Globalized World
Author: Jean-Frédéric Morin,Tereza Novotná,Frederik Ponjaert,Mario Telò
Publisher: Routledge
ISBN: 1317019873
Category: Political Science
Page: 256
View: 5763

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By focusing on the wider process of negotiations, this novel volume presents the first systematic analysis of the Transatlantic Trade and Investment Partnership (TTIP). The authors include outstanding scholars and relevant practitioners from across disciplines and various academic institutions around Europe and North America, but also from outside of the transatlantic basin. While presenting a thorough examination of the process of TTIP negotiations, the volume is divided into four parts with each part examining a broader theme and offering three or four shorter exploratory chapters that are accessible to academics, students, policy-makers and a wider audience. The volume explores historical and theoretical aspects of TTIP (with chapters by Gamble, Keohane and Morse, Telò), the beginnings of the TTIP talks and the role of individual actors (Mayer, Novotná, Dür and Lechner, Strange), TTIP’s possible knock-on effects and consequences for third parties (Aggarwal and Evenett, Duchesne and Ouellet, Zhang, Ponjaert) as well as impact on multilateral institutions and regimes complexes (Mavroidis, Mortensen, Meunier and Morin, Pauwelyn). The authors highlight dynamics which underline the relationship between the United States and the European Union and argue that TTIP promises to have vast implications not just for economics but global governance and international system.

International Economic Law

Contemporary Issues
Author: Giovanna Adinolfi,Freya Baetens,José Caiado,Angela Lupone,Anna G. Micara
Publisher: Springer
ISBN: 3319446452
Category: Law
Page: 288
View: 2327

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This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.

Domestic Law in International Investment Arbitration


Author: Jarrod Hepburn
Publisher: Oxford University Press
ISBN: 0191088684
Category: Law
Page: 305
View: 4070

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Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

Social Enterprise Law

Trust, Public Benefit and Capital Markets
Author: Dana Brakman Reiser,Steven A. Dean
Publisher: Oxford University Press
ISBN: 019024979X
Category: Law
Page: 208
View: 908

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Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

Labour Regulation and Development


Author: Shelley Marshall,Colin Fenwick
Publisher: Edward Elgar Publishing
ISBN: 1785364901
Category:
Page: 352
View: 9730

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This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialised ones, therefore making it a significant contribution to the field.

Law and Morality at War


Author: Adil Ahmad Haque
Publisher: Oxford University Press
ISBN: 0199687390
Category:
Page: 304
View: 801

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The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? Howcertain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians becomeunlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge internationaldebate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status ofcivilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excusetheir wrongful actions.

Trade Cooperation


Author: Andreas Dür,Manfred Elsig
Publisher: Cambridge University Press
ISBN: 1107083877
Category: Business & Economics
Page: 526
View: 9484

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This unique collection of original essays describes preferential trade agreements, explains why they have spread and explores their effects.

Clinton

The President They Deserve
Author: Martin Walker
Publisher: N.A
ISBN: 9780099360018
Category: Presidents
Page: 376
View: 7446

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As President of the one true superpower Bill Clinton is recognised from Beijing to St Petersburg, from Caracas to Johannesburg; the ruddy face, the bear-like hug, THAT hair are instantly identifiable, triggering a series of other images that have attached themselves to him during his period of office such as the smirk of alleged adulteries, the whiff of financial impropriety, the buzz of drugs for which Clinton bailed his brother out of jail. Each of these incidents has been the subject of intensve press scrutiny and speculation, and the media has heaped opprobrium on Clinton to a degree unknown previously in global politics. More than any other President, Clinton is both a product and a manipulator of the media that is his constant companion. In this biography Martin Walker interprets the media with the expert eye of a vastly experienced member of the political pack. He sees inside the tactics and the deliberate representations that both Bill and Hillary have adopted to sway opinion in their favour.

Regional Trade Agreements in Asia


Author: Van Hoa Tran,Charles Harvie
Publisher: Edward Elgar Publishing
ISBN: 9781782543503
Category: Business & Economics
Page: 284
View: 741

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Tran Van Hoa and Charles Harvie present this timely and original study of the likely effects of new regional developments in Asia.

World Trade Law

Text, Materials and Commentary
Author: Simon Lester,Bryan Mercurio,Arwel Davies
Publisher: Bloomsbury Publishing
ISBN: 1509915974
Category: Law
Page: 1008
View: 6537

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This third edition of one of the leading textbooks on world trade law offers what is, in a number of ways, a unique perspective on this important subject. Combining the best aspects of both casebook and treatise, this comprehensive textbook provides detailed explanations and analysis of the law to help understand the issues as well as case extracts to offer a flavour of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the UK, Europe, the US, Asia and elsewhere around the world. This updated edition includes in-depth discussions of the most recent developments in international trade jurisprudence, setting out important precedents that help establish the boundaries between global trade rules and domestic national autonomy. In this era, when political developments place even more importance on international trade, it will be essential reading for all students, scholars and practitioners in the field.

Do the Geneva Conventions Matter?


Author: Matthew Evangelista,Nina Tannenwald
Publisher: Oxford University Press
ISBN: 0199379785
Category: Political Science
Page: 376
View: 3156

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The Geneva Conventions are the best-known and longest-established laws governing warfare, but what difference do they make to how states engage in armed conflict? Since the start of the "War on Terror" with 9/11, these protocols have increasingly been incorporated into public discussion. We have entered an era where contemporary wars often involve terrorism and guerrilla tactics, but how have the rules that were designed for more conventional forms of interstate violence adjusted? Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice. Matthew Evangelista and Nina Tannenwald convey the extent and conditions that symbolic or "ritual" compliance translates into actual compliance on the battlefield by looking at important studies across history. To name a few, they navigate through the Algerian War for independence from France in the 1950s and 1960s; the US wars in Korea, Vietnam, Iraq, and Afghanistan; Iranian and Israeli approaches to the laws of war; and the legal obligations of private security firms and peacekeeping forces. Thoroughly researched, this work adds to the law and society literature in sociology, the constructivist literature in international relations, and legal scholarship on "internalization." Do the Geneva Conventions Matter? gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.

Power and Water in the Middle East

The Hidden Politics of the Palestinian-Israeli Water Conflict
Author: Mark Zeitoun
Publisher: I.B.Tauris
ISBN: 0857715852
Category: Political Science
Page: 224
View: 9148

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Power and Water in the Middle East' provides a powerful new perspective on the Palestinian-Israeli water conflict. Adopting a new approach to understanding water conflict - hydro-hegemony - the author shows the conflict to be much more deeply entrenched than previously thought and reveals how existing tactics to control water are leading away from peace and towards continued domination and a squandering of this vital resource.Existing approaches tend to play down the negative effects of non-violent water conflict, and what is presented as co-operation between countries often hides an underlying state of conflict between them. The new analytical framework of hydro-hegemony exposes the hidden dynamics of water conflict around the world and yields critical insights in to the Middle East water problem. This important work will interest researchers, professionals and policy makers involved with the politics of the Middle East and with water conflict more generally._x000D_ _x000D_ 'a compelling story of state-building, inter-state competition, and the central role that water plays in state development' - Water Alternatives_x000D_ _x000D_ 'washes away another colourful colonial myth and reveals a history of squandered resources, domestic injustice, and regional belligerence... Zeitoun's meticulous investigation of the conflict over water in the region is a convincing read ... it remains essential reading for anybody working on resource management through government ministries, national agencies, and NGOs in the region.' - Arab Studies Journal

Children of Jihad

A Young American's Travels Among the Youth of the Middle East
Author: Jared Cohen
Publisher: Penguin
ISBN: 9781592403240
Category: History
Page: 278
View: 8390

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Documents the author's travels to the Middle East in search of an understanding of radical Islamic violence, journeys during which he focused his research on Muslim youth and learned about his interviewees' perspectives and experiences at the risk of his own life.

Self-Enforcing Trade

Developing Countries and WTO Dispute Settlement
Author: Chad P. Bown
Publisher: Brookings Institution Press
ISBN: 0815704186
Category: Political Science
Page: 282
View: 4301

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The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.