Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.003.0004
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Key employee agreements, sometimes required of high-level employees, often restrict employees from establishing relationships with competing companies for specified periods of time after they leave ...
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Key employee agreements, sometimes required of high-level employees, often restrict employees from establishing relationships with competing companies for specified periods of time after they leave the company. This is called a noncompetition agreement. In this case, the agreement specified what was meant by competition: “ownership interest amounting to at least 1% in the competing enterprise, an officership, directorship, or other policy-making position in the competing enterprise.” Semantics and syntax analysis, including grammatical scope, the semantic meaning of “other,” and intonation were used to help resolve the ambiguity found in this agreement.Less
Key employee agreements, sometimes required of high-level employees, often restrict employees from establishing relationships with competing companies for specified periods of time after they leave the company. This is called a noncompetition agreement. In this case, the agreement specified what was meant by competition: “ownership interest amounting to at least 1% in the competing enterprise, an officership, directorship, or other policy-making position in the competing enterprise.” Semantics and syntax analysis, including grammatical scope, the semantic meaning of “other,” and intonation were used to help resolve the ambiguity found in this agreement.
Lukasz Gruszczynski
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199578924
- eISBN:
- 9780191722646
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578924.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has ...
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The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient tool for the elimination of trade tariff barriers. This process also coincided with the increased national risk regulatory controls. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although for the most part, these new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an attempt by the international community to limit possible abuses while accepting a considerable margin of regulatory discretion of WTO Members. Does it optimally strike a balance between competing objectives of international free trade and regulatory freedom in the field of risk regulation? In answering this question, the book engages in a comprehensive and critical examination of the substantive provisions of the SPS Agreement and the corresponding case law. Special attention is paid to three specific issues: the appropriateness of the disciplines established by the SPS Agreement, the consistency of their interpretation by the WTO case law, and the normative content of those requirements that have not yet been addressed by SPS jurisprudence. The book concludes that despite some failures of the SPS system, the Agreement provides an operable and efficient mechanism for the supervision of domestic SPS measures.Less
The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient tool for the elimination of trade tariff barriers. This process also coincided with the increased national risk regulatory controls. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although for the most part, these new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an attempt by the international community to limit possible abuses while accepting a considerable margin of regulatory discretion of WTO Members. Does it optimally strike a balance between competing objectives of international free trade and regulatory freedom in the field of risk regulation? In answering this question, the book engages in a comprehensive and critical examination of the substantive provisions of the SPS Agreement and the corresponding case law. Special attention is paid to three specific issues: the appropriateness of the disciplines established by the SPS Agreement, the consistency of their interpretation by the WTO case law, and the normative content of those requirements that have not yet been addressed by SPS jurisprudence. The book concludes that despite some failures of the SPS system, the Agreement provides an operable and efficient mechanism for the supervision of domestic SPS measures.
Rupa Chanda
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198069959
- eISBN:
- 9780199080021
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198069959.001.0001
- Subject:
- Economics and Finance, South and East Asia
This book analyses the prospects for services integration in South Asia, focusing on member countries of the South Asian Association for Regional Cooperation (SAARC) — India, Bhutan, Bangladesh, ...
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This book analyses the prospects for services integration in South Asia, focusing on member countries of the South Asian Association for Regional Cooperation (SAARC) — India, Bhutan, Bangladesh, Pakistan, Nepal, Sri Lanka, and the Maldives. SAARC turned to trade promotion in order to achieve greater regional integration, starting with the signing of the SAARC Preferential Trade Agreement (SAPTA) in April 1993. The book discusses the role and performance of services within the region and identifies those services and areas which offer good and varied prospects for intra-regional integration. It also assesses the status of liberalization and reforms as well as current levels of intra-regional engagement in services in order to highlight the policy environment and existing opportunities and interests in the regional market. Furthermore, the book looks at multilateral and extra-regional/bilateral commitments made by the member countries of the South Asian Free Trade Agreement (SAFTA) in services and their positions on key issues in order to evaluate their preparedness to commit under SAFTA. Finally, the book considers negotiating priorities in different services and on cross-cutting issues to point out possible modalities for negotiation.Less
This book analyses the prospects for services integration in South Asia, focusing on member countries of the South Asian Association for Regional Cooperation (SAARC) — India, Bhutan, Bangladesh, Pakistan, Nepal, Sri Lanka, and the Maldives. SAARC turned to trade promotion in order to achieve greater regional integration, starting with the signing of the SAARC Preferential Trade Agreement (SAPTA) in April 1993. The book discusses the role and performance of services within the region and identifies those services and areas which offer good and varied prospects for intra-regional integration. It also assesses the status of liberalization and reforms as well as current levels of intra-regional engagement in services in order to highlight the policy environment and existing opportunities and interests in the regional market. Furthermore, the book looks at multilateral and extra-regional/bilateral commitments made by the member countries of the South Asian Free Trade Agreement (SAFTA) in services and their positions on key issues in order to evaluate their preparedness to commit under SAFTA. Finally, the book considers negotiating priorities in different services and on cross-cutting issues to point out possible modalities for negotiation.
Debraj Ray
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199207954
- eISBN:
- 9780191709104
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207954.001.0001
- Subject:
- Economics and Finance, Financial Economics
The formation of coalitions to achieve both collaborative and competitive goals is a phenomenon we see all around us. The list of examples of this phenomenon is long and varied: production cartels, ...
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The formation of coalitions to achieve both collaborative and competitive goals is a phenomenon we see all around us. The list of examples of this phenomenon is long and varied: production cartels, political lobbies, customs unions, environmental coalitions, and ethnic alliances are just a few everyday instances. This book looks at coalition formation from the perspective of game theory. How are agreements determined? Which coalitions will form? And are such agreements invariably efficient from a social perspective? The book brings together developments in both cooperative and non-cooperative game theory to study the analytics of coalition formation and binding agreements. It concentrates on pure theory, but discusses several potential applications, such as oligopoly and the provision of public goods.Less
The formation of coalitions to achieve both collaborative and competitive goals is a phenomenon we see all around us. The list of examples of this phenomenon is long and varied: production cartels, political lobbies, customs unions, environmental coalitions, and ethnic alliances are just a few everyday instances. This book looks at coalition formation from the perspective of game theory. How are agreements determined? Which coalitions will form? And are such agreements invariably efficient from a social perspective? The book brings together developments in both cooperative and non-cooperative game theory to study the analytics of coalition formation and binding agreements. It concentrates on pure theory, but discusses several potential applications, such as oligopoly and the provision of public goods.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier (eds)
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.001.0001
- Subject:
- Economics and Finance, International
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential ...
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Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.Less
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.
Debraj Ray
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199207954
- eISBN:
- 9780191709104
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207954.003.0001
- Subject:
- Economics and Finance, Financial Economics
This introductory chapter describes the problem studied in the remainder of the book: what happens when a group of agents get together to write one or more agreements. If a subgroup forms a ...
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This introductory chapter describes the problem studied in the remainder of the book: what happens when a group of agents get together to write one or more agreements. If a subgroup forms a coalition, they act cooperatively by choosing and implementing a joint course of action. However, the actions of different coalitions are chosen independently and non-cooperatively. This book is interested in the equilibrium of coalition formation. Which coalitions will come about? Is there a presumption that such coalition formation will be efficient? If so, under what circumstances will they be efficient? If not, can one place bounds on the extent of inefficiency that may occur?Less
This introductory chapter describes the problem studied in the remainder of the book: what happens when a group of agents get together to write one or more agreements. If a subgroup forms a coalition, they act cooperatively by choosing and implementing a joint course of action. However, the actions of different coalitions are chosen independently and non-cooperatively. This book is interested in the equilibrium of coalition formation. Which coalitions will come about? Is there a presumption that such coalition formation will be efficient? If so, under what circumstances will they be efficient? If not, can one place bounds on the extent of inefficiency that may occur?
Margaret Gilbert
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199274956
- eISBN:
- 9780191603976
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274959.003.0010
- Subject:
- Philosophy, Political Philosophy
The actual contract theory of political obligation is reconsidered in light of a plural subject account of agreements. Given the proposed account of agreements, both immoral and coerced agreements ...
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The actual contract theory of political obligation is reconsidered in light of a plural subject account of agreements. Given the proposed account of agreements, both immoral and coerced agreements are possible and obligate the parties. The obligation in question is not a moral requirement deriving from a general moral principle, it is an obligation of joint commitment as discussed in Chapter 7. Actual contract theory can thus be defended against the no-obligation objection construed in terms of obligation simply; the no-agreement objection remains. Plural subject theory avoids both objections and is therefore to be preferred.Less
The actual contract theory of political obligation is reconsidered in light of a plural subject account of agreements. Given the proposed account of agreements, both immoral and coerced agreements are possible and obligate the parties. The obligation in question is not a moral requirement deriving from a general moral principle, it is an obligation of joint commitment as discussed in Chapter 7. Actual contract theory can thus be defended against the no-obligation objection construed in terms of obligation simply; the no-agreement objection remains. Plural subject theory avoids both objections and is therefore to be preferred.
Jagdish Bhagwati
- Published in print:
- 2008
- Published Online:
- October 2011
- ISBN:
- 9780195331653
- eISBN:
- 9780199851850
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331653.001.0001
- Subject:
- Economics and Finance, International
This book shines a critical light on preferential trade agreements (PTAs), revealing how the rapid spread of PTAs endangers the world trading system. Numbering by now well over 300, and rapidly ...
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This book shines a critical light on preferential trade agreements (PTAs), revealing how the rapid spread of PTAs endangers the world trading system. Numbering by now well over 300, and rapidly increasing, these preferential trade agreements, many taking the form of free trade agreements, have re-created the unhappy situation of the 1930s, when world trade was undermined by discriminatory practices. Whereas this was the result of protectionism in those days, ironically it is a result of misdirected pursuit of free trade via PTAs today. The world trading system is at risk again, the author argues, and the danger is palpable. Writing with his customary wit, panache and elegance, the author documents the growth of these PTAs, the reasons for their proliferation, and their deplorable consequences which include the near-destruction of the non-discrimination which was at the heart of the postwar trade architecture and its replacement by what he has called the spaghetti bowl of a maze of preferences. The author also documents how PTAs have undermined the prospects for multilateral freeing of trade, serving as stumbling blocks, instead of building blocks, for the objective of reaching multilateral free trade. In short, the author cogently demonstrates why PTAs are “Termites in the Trading System.”Less
This book shines a critical light on preferential trade agreements (PTAs), revealing how the rapid spread of PTAs endangers the world trading system. Numbering by now well over 300, and rapidly increasing, these preferential trade agreements, many taking the form of free trade agreements, have re-created the unhappy situation of the 1930s, when world trade was undermined by discriminatory practices. Whereas this was the result of protectionism in those days, ironically it is a result of misdirected pursuit of free trade via PTAs today. The world trading system is at risk again, the author argues, and the danger is palpable. Writing with his customary wit, panache and elegance, the author documents the growth of these PTAs, the reasons for their proliferation, and their deplorable consequences which include the near-destruction of the non-discrimination which was at the heart of the postwar trade architecture and its replacement by what he has called the spaghetti bowl of a maze of preferences. The author also documents how PTAs have undermined the prospects for multilateral freeing of trade, serving as stumbling blocks, instead of building blocks, for the objective of reaching multilateral free trade. In short, the author cogently demonstrates why PTAs are “Termites in the Trading System.”
Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in ...
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This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in particular multinational corporations. It replies to this question through the identification of corporate accountability standards and their implementation by international organizations. The book examines systematically all international sources of corporate accountability standards in the specific area of environmental protection and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental treaties do not bind multinational corporations and other business entities, growing international practice points to the emergence of legal standards that allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The book also focuses on the role of international organizations in selecting international environmental standards and promote their application to business entities, in the absence of State intervention. The book analyses the growing practice of international organizations, which are driving a process of emergence of international standards for corporate environmental accountability. Furthermore, the impact of international organizations' direct relations with the private sector is also assessed, as it significantly contributes to ensuring that private companies comply with international environmental standards.Less
This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in particular multinational corporations. It replies to this question through the identification of corporate accountability standards and their implementation by international organizations. The book examines systematically all international sources of corporate accountability standards in the specific area of environmental protection and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental treaties do not bind multinational corporations and other business entities, growing international practice points to the emergence of legal standards that allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The book also focuses on the role of international organizations in selecting international environmental standards and promote their application to business entities, in the absence of State intervention. The book analyses the growing practice of international organizations, which are driving a process of emergence of international standards for corporate environmental accountability. Furthermore, the impact of international organizations' direct relations with the private sector is also assessed, as it significantly contributes to ensuring that private companies comply with international environmental standards.
Michelle T Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.003.0005
- Subject:
- Law, Public International Law
This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter ...
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This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter is divided into two main parts. Section I discusses the role of the panel as a reviewer; it explains the limitations that are associated with this role in the context of challenges to domestic trade remedy investigations. It argues that, notwithstanding the views of some commentators, the same restrictions do not apply in cases brought before a panel under the sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) agreements, where the panel acts as the original-trier-of-facts. Section II focuses on the role of the panel as the original-trier-of-facts. It examines how the factual record on which the panel bases its rulings is developed.Less
This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter is divided into two main parts. Section I discusses the role of the panel as a reviewer; it explains the limitations that are associated with this role in the context of challenges to domestic trade remedy investigations. It argues that, notwithstanding the views of some commentators, the same restrictions do not apply in cases brought before a panel under the sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) agreements, where the panel acts as the original-trier-of-facts. Section II focuses on the role of the panel as the original-trier-of-facts. It examines how the factual record on which the panel bases its rulings is developed.
Arad Reisberg
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199204892
- eISBN:
- 9780191709487
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204892.003.0008
- Subject:
- Law, Company and Commercial Law
This chapter examines four possible avenues to rectify the economic impediments to derivative actions. The first two focus on short-term solutions and involve the company and the claimant ...
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This chapter examines four possible avenues to rectify the economic impediments to derivative actions. The first two focus on short-term solutions and involve the company and the claimant shareholder. Section 7.2.1 considers making a mandatory requirement for the company to pay the costs of the action. Section 7.2.2 then looks at the merits and demerits of rewarding the shareholder with part of the proceeds of a successful action. The last two sections concentrate on solutions in which the risk of loss is shifted on to the claimant's attorney. Section 7.3 explores new possibilities in the guise of conditional fee agreements; Section 7.4 assesses the possibility of adopting a US-style contingency fees in the limited context of derivative actions. Section 7.5 concludes.Less
This chapter examines four possible avenues to rectify the economic impediments to derivative actions. The first two focus on short-term solutions and involve the company and the claimant shareholder. Section 7.2.1 considers making a mandatory requirement for the company to pay the costs of the action. Section 7.2.2 then looks at the merits and demerits of rewarding the shareholder with part of the proceeds of a successful action. The last two sections concentrate on solutions in which the risk of loss is shifted on to the claimant's attorney. Section 7.3 explores new possibilities in the guise of conditional fee agreements; Section 7.4 assesses the possibility of adopting a US-style contingency fees in the limited context of derivative actions. Section 7.5 concludes.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0006
- Subject:
- Political Science, International Relations and Politics
In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's ...
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In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's conception of a post‐Westphalian political association, the chapter examines how the European Union and its member governments have interacted with Westphalian states like the US on matters relating to the ICC. In particular the chapter focuses on the political dilemmas created by US attempts to exempt its citizens from the ICC's jurisdiction and it uses these as case studies to illustrate how support for the Court impacts on our understanding of good international citizenship. The chapter offers detailed accounts of the debate on bilateral non‐surrender or bilateral immunity agreements, the debate at the Security Council on exemptions for peacekeepers, and the Security Council's decision to refer the situation in Darfur to the ICC.Less
In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's conception of a post‐Westphalian political association, the chapter examines how the European Union and its member governments have interacted with Westphalian states like the US on matters relating to the ICC. In particular the chapter focuses on the political dilemmas created by US attempts to exempt its citizens from the ICC's jurisdiction and it uses these as case studies to illustrate how support for the Court impacts on our understanding of good international citizenship. The chapter offers detailed accounts of the debate on bilateral non‐surrender or bilateral immunity agreements, the debate at the Security Council on exemptions for peacekeepers, and the Security Council's decision to refer the situation in Darfur to the ICC.
Kent Jones
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780195378825
- eISBN:
- 9780199852598
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378825.001.0001
- Subject:
- Economics and Finance, Economic Systems
The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with ...
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The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with issues such as terrorism. But as this book reveals, the World Trade Organization needs serious structural changes, not just political backbone. It shows for instance that the WTO—now with 153 members—has become increasingly unwieldy in terms of concluding trade agreements and he suggests that countries organize around specific platform positions, a strategy that would make the “holy grail” of consensus once again possible. The book also argues for financial support for poorer countries so that they can participate effectively in negotiations and it contends that the principle of the “single undertaking” (that “there is no agreement until everything is agreed”) has become a serious and perhaps crippling constraint, and must be modified.Less
The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with issues such as terrorism. But as this book reveals, the World Trade Organization needs serious structural changes, not just political backbone. It shows for instance that the WTO—now with 153 members—has become increasingly unwieldy in terms of concluding trade agreements and he suggests that countries organize around specific platform positions, a strategy that would make the “holy grail” of consensus once again possible. The book also argues for financial support for poorer countries so that they can participate effectively in negotiations and it contends that the principle of the “single undertaking” (that “there is no agreement until everything is agreed”) has become a serious and perhaps crippling constraint, and must be modified.
Jeffrey S. Lantis
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199535019
- eISBN:
- 9780191715952
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199535019.003.0007
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter examines the development of the 2004 Australia–United States Free Trade Agreement (AUSFTA). Government leaders who completed negotiations on the treaty in 2004 believed that it would be ...
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This chapter examines the development of the 2004 Australia–United States Free Trade Agreement (AUSFTA). Government leaders who completed negotiations on the treaty in 2004 believed that it would be a “win–win” deal for the two advanced industrialized nations; they would build on an already-strong bilateral trade relationship to create a plan that eliminated tariff barriers stretching across the Pacific Ocean. Yet AUSFTA became the most controversial trade agreement in Australia's history, and the government nearly failed to ratify it.Less
This chapter examines the development of the 2004 Australia–United States Free Trade Agreement (AUSFTA). Government leaders who completed negotiations on the treaty in 2004 believed that it would be a “win–win” deal for the two advanced industrialized nations; they would build on an already-strong bilateral trade relationship to create a plan that eliminated tariff barriers stretching across the Pacific Ocean. Yet AUSFTA became the most controversial trade agreement in Australia's history, and the government nearly failed to ratify it.
Margaret Jane Radin
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691155333
- eISBN:
- 9781400844838
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155333.001.0001
- Subject:
- Law, Company and Commercial Law
Boilerplate—the fine-print terms and conditions that we become subject to when we click “I agree” online, rent an apartment, or enter an employment contract, for example—pervades all aspects of our ...
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Boilerplate—the fine-print terms and conditions that we become subject to when we click “I agree” online, rent an apartment, or enter an employment contract, for example—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. This book examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and it finds these justifications wanting. It argues that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, the book offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. It goes on to offer possibilities for new methods of boilerplate evaluation and control, and concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.Less
Boilerplate—the fine-print terms and conditions that we become subject to when we click “I agree” online, rent an apartment, or enter an employment contract, for example—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. This book examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and it finds these justifications wanting. It argues that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, the book offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. It goes on to offer possibilities for new methods of boilerplate evaluation and control, and concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Isabelle Van Damme
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199562237
- eISBN:
- 9780191705588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562237.003.0010
- Subject:
- Law, Public International Law
This final chapter summarizes the conclusions of the book. This book has tried to explain how the Appellate Body approaches the interpretation of the WTO covered agreements, and the hope is that it ...
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This final chapter summarizes the conclusions of the book. This book has tried to explain how the Appellate Body approaches the interpretation of the WTO covered agreements, and the hope is that it will contribute to a more wide-ranging understanding of how treaties are interpreted in practice.Less
This final chapter summarizes the conclusions of the book. This book has tried to explain how the Appellate Body approaches the interpretation of the WTO covered agreements, and the hope is that it will contribute to a more wide-ranging understanding of how treaties are interpreted in practice.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.003.0010
- Subject:
- Economics and Finance, International
This chapter focuses on the difference between free trade agreements with rules of origin and customs unions. The first part develops a model to assess the trade and production in intermediate and ...
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This chapter focuses on the difference between free trade agreements with rules of origin and customs unions. The first part develops a model to assess the trade and production in intermediate and final goods under these two forms of preferential trading arrangements. The second part performs a cross-sectional econometric analysis of bilateral trade in finished motor vehicles and parts in the OECD area. The findings suggest that ROO can be an effective barrier against third-party suppliers of intermediate goods, and that the ‘border effect’ on trade is mitigated within customs unions.Less
This chapter focuses on the difference between free trade agreements with rules of origin and customs unions. The first part develops a model to assess the trade and production in intermediate and final goods under these two forms of preferential trading arrangements. The second part performs a cross-sectional econometric analysis of bilateral trade in finished motor vehicles and parts in the OECD area. The findings suggest that ROO can be an effective barrier against third-party suppliers of intermediate goods, and that the ‘border effect’ on trade is mitigated within customs unions.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.003.0011
- Subject:
- Economics and Finance, International
Firm level interviews are used to assess the economic implications of the rules of origin (ROO) applied for trade to qualify under the Southern African Development Community (SADC) Trade Protocol. ...
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Firm level interviews are used to assess the economic implications of the rules of origin (ROO) applied for trade to qualify under the Southern African Development Community (SADC) Trade Protocol. Approaches to ROO reflect the tension between regional integration as a platform for improving competitiveness in international markets, and using it as a ‘policy tool for development’ to obtain privileged access to a larger protected market. The analysis of selected SADC ROO in agriculture and manufacturing shows that these will prevent efficiency gains from being realized by the Free Trade Area by maintaining the pre-Trade Protocol protection and trade patterns. ROO that seek to influence the sourcing of inputs through fiat will encourage trade diversion and reduce international competitiveness.Less
Firm level interviews are used to assess the economic implications of the rules of origin (ROO) applied for trade to qualify under the Southern African Development Community (SADC) Trade Protocol. Approaches to ROO reflect the tension between regional integration as a platform for improving competitiveness in international markets, and using it as a ‘policy tool for development’ to obtain privileged access to a larger protected market. The analysis of selected SADC ROO in agriculture and manufacturing shows that these will prevent efficiency gains from being realized by the Free Trade Area by maintaining the pre-Trade Protocol protection and trade patterns. ROO that seek to influence the sourcing of inputs through fiat will encourage trade diversion and reduce international competitiveness.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.003.0001
- Subject:
- Economics and Finance, International
This introductory chapter begins with an overview of the regionalism debate in the light of a rising globalization of the production process. It argues that depending on their design, preferential ...
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This introductory chapter begins with an overview of the regionalism debate in the light of a rising globalization of the production process. It argues that depending on their design, preferential trade arrangements have the power to boost or hamper the development of ‘regional production networks’ and rules of origin are a key element. The theory of rules of origin (ROO) is briefly recalled and introduces a short presentation of the four parts of the book: theoretical perspectives, the complexity of ROO, ROO and special interests, and measuring their impacts.Less
This introductory chapter begins with an overview of the regionalism debate in the light of a rising globalization of the production process. It argues that depending on their design, preferential trade arrangements have the power to boost or hamper the development of ‘regional production networks’ and rules of origin are a key element. The theory of rules of origin (ROO) is briefly recalled and introduces a short presentation of the four parts of the book: theoretical perspectives, the complexity of ROO, ROO and special interests, and measuring their impacts.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.003.0005
- Subject:
- Economics and Finance, International
Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few ...
More
Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few thoughts on a range of economic and legal considerations arising from the way in which various agreements seek to determine and condition who gets to benefit from services trade and investment liberalization. It focuses on the practice of preferential and non-preferential services trade liberalization as found in various bilateral and regional trade and investment agreements as well as the World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS). It addresses a range of conceptual issues relating to services trade that impinge upon the design and implementation of rules of origin for services. The discussion draws attention to a number of salient characteristics of trade in services that limit the usefulness of concepts and approaches to origin developed in the context of trade in goods. Attention is also drawn to a number of economic considerations that should inform the design of rules of origin for services trade to minimize the potentially adverse effects of trade and investment diversion, and maximize the economy-wide gains in allocative efficiency that well-designed services liberalization can entail.Less
Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few thoughts on a range of economic and legal considerations arising from the way in which various agreements seek to determine and condition who gets to benefit from services trade and investment liberalization. It focuses on the practice of preferential and non-preferential services trade liberalization as found in various bilateral and regional trade and investment agreements as well as the World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS). It addresses a range of conceptual issues relating to services trade that impinge upon the design and implementation of rules of origin for services. The discussion draws attention to a number of salient characteristics of trade in services that limit the usefulness of concepts and approaches to origin developed in the context of trade in goods. Attention is also drawn to a number of economic considerations that should inform the design of rules of origin for services trade to minimize the potentially adverse effects of trade and investment diversion, and maximize the economy-wide gains in allocative efficiency that well-designed services liberalization can entail.
