xxxv, 587 pages : illustrations ; 25 cm
9780198778257 hardback 0198778252 hardback
"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."--Publisher description.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction : a liber amicorum to celebrate Mitsuo Matsushita's contributions to international economic law / Julien Chaisse and Tsai-yu Lin The WTO dispute settlement system : dealing with success / William J Davey Claus-Dieter The dispute settlement system of the WTO : a bright picture with a few dark spots / Claus-Dieter Ehlermann 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 How to reconcile health law and economic law with human rights? : looking for Hercules in the WTO appellate body / Ernst-Ulrich Petersmann The WTO jurisprudence of Article XX(g) and the conservation of natural resources / Joel P Trachtman Balancing investment protection and other public policy goals : lessons from WTO jurisprudence / Yasuhei Taniguchi and Tomoko Ishikawa Trade law and the Vienna Treaty Convention's systemic integration clause / Chin Leng Lim When popular decisions rest on shaky foundations : systemic implications of selected WTO appellate body trade remedies jurisprudence / Meredith Kolsky Lewis Taming investor-state arbitration? / Jaemin Lee The limits of legalization in Asia-Pacific investment treaty arbitration? / Luke Nottage The interplay between the G20 and the WTO : informal law-making in action / Jan Wouters and Ines Willemyns Unfinished business : competition law and the WTO / Rolf H Weber Competition law in emerging markets : the virtue of regulatory diversity / Frederick M Abbott Untangling the triangle : issues for state-controlled entities in trade, investment, and competition law / Julien Chaisse In search of coherence : navigating the WTO in the universe of international law / Chien-huei Wu Natural resources and the rules of the multilateral trading system : a sustainable development perspective / Thomas J Schoenbaum Facilitating coherent application of WTO law within and outside the Organization : investment regime as example / Tsai-yu Lin Reinterpretation of the national treatment principle : making international economic law a friend of global governance of environmental protection / Won-mog Choi The soft law approach to regulatory harmonization : are we trading away privacy for economic integration? / Shin-yi Peng Members only : embracing diversity in the WTO / Bernard M Hoekman and Petros C Mavroidis TTIP and the post-Bali WTO : towards a new world trade order? / David A Gantz and Laura Nielsen Regulatory co-operation and regulatory coherence through mega-FTAs : possibilities and challenges / Junji Nakagawa Rise of the plurilaterals : threat or opportunity for multilateral trade governance / RV Anuradha Trade in pharmaceuticals : patents and access to medicines since TRIPS : some certainty and several lingering questions / Bryan Mercurio Trans-pacific partnership intellectual property controversies / Raj Bhala Interdependence and the WTO agreement as a 'contractual constitution' / Chi Carmody Bridging global and regional governance of international trade / Chang-fa Lo Decision-making in the WTO : from negotiated law-making to judicial law-making / R Rajesh Babu Legal development of WTO trade remedy practices in East Asia / Dukgeun Ahn A managerial approach to secure compliance with the SPS Agreement / Yuka Fukunaga Conclusion : some thoughts on the WTO's next twenty years / Julio A Lacarte Muró.
K4610 .I58 2016
Oxford, United Kingdom : Oxford University Press,