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  • Hart Publishing, Oxford - Good books for lawyers
    philosophy to examine the interdependences of multilevel governance in transnational economic social environmental and legal relations Two complementary strands of theorising are expounded One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental society of states into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements that respond credibly to safety and environmental concerns of consumers traders political and non governmental actors Enquiries into the generation of international standards and empirical analyses of legalisation and judicialisation practices form part of this agenda The perspectives and conclusions of the more than 20 contributors from Europe and North America cannot be uniform But they converge in their search for a constitutional architecture which limits empowers and legitimises multilevel trade governance as well as in their common premise that respect for human rights private and democratic self government and social justice require more transparent participatory and deliberative forms of transnational cosmopolitan democracy This second paperback edition replaces Chapters 15 to

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461658 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of knowledge about the so called Third World with forms of power and intervention is crucial for understanding the six decades long development enterprise of both the GATT and the WTO The book is both topical and necessary given the emphasis on the current round of negotiations of the WTO The Doha Development Round has been premised on two assumptions Firstly that the international community has undertaken an unprecedented effort to address the imbalances of the multilateral trading regime with respect to the position of its developing country members Secondly that its successful conclusion represents an historic imperative and a political necessity for developing countries Through a sustained analysis of the interaction between development thinking and trade practices the book questions both assumptions by showing how development has always occupied a central position within the multilateral trading regime Thus rather than asking the question of what needs to be done in order to achieve development the book examines the way in which development has operated and still operates to produce important and often unacknowledged power relations Intense controversy surrounds the issue of the relationship between trade and development This book is novel in examining the emergence of the international trade

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460309 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    and social policies to achieve global economic efficiency in an interdependent world International lawyers are seriously rethinking the subject of state sovereignty in relation to the operation of the main international economic institutions namely the WTO the World Bank and the International Monetary Fund IMF The contributions in this volume bringing together leading scholars from the developed and developing worlds take up the challenge of debating the meaning of sovereignty and the impact of international economic law on state sovereignty The first part looks at the issues from the perspectives of general international law international economic law and legal theory Part two discusses the impact of trade liberalisation on the sovereignty of both industrialised and developing states and Part three concentrates on the challenge to state sovereignty created by the proliferation of investment treaties and the significant recent growth of investment treaty based arbitration cases Part four focuses on the domestic and international effects of international financial intermediaries and markets Part five explores the tensions and intersections between the international regulation of trade and investment international human rights and state sovereignty Wenhua Shan is a Professor of International Economic Law at Oxford Brookes University a University Professor of Law and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137018 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context but also argues that these mechanisms do not provide systemic solutions to the inter linkages between the two legal systems The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings highlighting future opportunities and difficulties He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights James Harrison is Assistant Professor at the University of Warwick He was previously the Head of the Trade Business and Human Rights Unit and Research and Programmes Co ordinator at the University of Nottingham Human Rights Law Centre Dr Harrison has also worked as a consultant for a number of international organisations including for the Council of Europe on fair trade and ethical

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136936 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    interests of international economic institutions e g WTO IMF World Bank OECD It provides an analysis of the legal interactions between international regulations and state policy with regard to potential regulatory conflicts at both the horizontal and vertical level The study suggests a model of multilevel consistency as a way of reconciling the highly specialised and fragmented legal systems of core labour rights on the one hand and trade liberalisation

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135991 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    governance in transnational economic social environmental and legal relations Two complementary strands of theorising are expounded One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental society of states into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers traders political and non governmental actors Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda The perspectives and conclusions of the more than 20 contributors from Europe and North America cannot be uniform But they converge in their search for a constitutional architecture which limits empowers and legitimises multilevel trade governance as well as in their common premise that respect for human rights private and democratic self government and social justice require more transparent participatory and deliberative forms of transnational cosmopolitan democracy Christian Joerges is Professor of Economic Law at the European University Institute Florence He is

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136653 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    most often considered a general principle of law WTO law uses the corrolaries of pacta sunt servanda the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies The Panel reports and the Appellate Body decisions make different use of it The Appellate Body is prepared to apply the principle to WTO provisions only while Panels use it more freely and substantively that is they apply good faith to fill lacunae in any of the WTO covered agreements Also adjudicators use the principle differently depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement As it applies to the former good faith is used to strike a balance between on the one hand the obligation to liberalise trade and on the other hand the right to invoke an exception to trade liberalisation for the protection of the environment culture public morals human life or health In this way good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism The book also introduces the novel field of WTO procedural law governing trade dispute litigation In the Dispute Settlement Understanding DSU good faith appears in the standard of review rules of evidence and fact finding standing duty of prior consultation right of establishment of a panel ex officio investigations withdrawal of notices of appeal and the raising of objections In all these areas it ensures that the rules of dispute resolution are not abused The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly promptly

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136202 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    digitally delivered content products Yet digital trade is currently not explicitly recognised by the trade rules and obligations of the World Trade Organization WTO This study provides a complete analysis of the related challenges in the ongoing WTO Doha Negotiations to remedy this state of affairs It elaborates on the required measures in the multilateral negotiations to achieve market access for digital content and examines the obstacles that lie on the path to reach consensus between the United States and the European Communities Negotiation parameters analysed include the current US and EC regulatory approach to audiovisual and information society services and the evolution of their applicable trade policy jurisdiction Finally this examination takes stock of how the Doha Negotiations and parallel US driven preferential trade agreement have so far contributed to securing free trade in digital content As new technologies are an increasingly prominent source of trade dispute this book is an assessment of how WTO Members can maintain the relevance of the multilateral trade framework in a changing technological and economic environment This important work highlights the missed opportunity in on going global trade talks the failure to pursue a free trade framework for digitally delivered content If not corrected one can readily imagine the rise of discriminatory barriers to digital trade of the type that have dogged global trade flows for years and a failed recognition by the WTO of the reality of modern commerce The WTO should as the author argues put a spotlight on electronic trade and move forward in a comprehensive fashion Ambassador Charlene Barshefsky Former United States Trade Representative Wunsch Vincent provides a comprehensive analysis of the challenges to establish a liberal trade regime for trade in digital products This book will become an important point of reference for anybody interested in e commerce

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841135731 (2016-02-13)
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