David Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.001.0001
- Subject:
- Law, Competition Law
This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important ...
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This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important relationships between those two domains and the way the resulting system shapes economic activity in all parts of the world. The laws, institutions, and principles of the international domain increasingly influence national competition law development, and national competition law experience provides both the lenses through which decision makers view transnational competition issues and the incentive structures that generate their competition law decisions. The analysis examines the ideas, institutions, and people that provide the legal framework for global competition; how they evolved, how they operate today, and the forces that are likely to influence their future development. US anti-trust experience has long been at the center of this global governance picture, but European competition law experience is also rich, varied, and potentially of great value for future competition law development. China, Japan, Korea, and newer players in Latin America and Africa will also play a key role in this future, and the analysis pays close attention to them as well. On the basis of this analysis, the book analyzes current global competition law proposals and outlines a strategy that utilizes these discussions, but more specifically addresses global economic development needs. This strategy may be developed within the institutional framework of the WTO, but it may also be pursued independently.Less
This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important relationships between those two domains and the way the resulting system shapes economic activity in all parts of the world. The laws, institutions, and principles of the international domain increasingly influence national competition law development, and national competition law experience provides both the lenses through which decision makers view transnational competition issues and the incentive structures that generate their competition law decisions. The analysis examines the ideas, institutions, and people that provide the legal framework for global competition; how they evolved, how they operate today, and the forces that are likely to influence their future development. US anti-trust experience has long been at the center of this global governance picture, but European competition law experience is also rich, varied, and potentially of great value for future competition law development. China, Japan, Korea, and newer players in Latin America and Africa will also play a key role in this future, and the analysis pays close attention to them as well. On the basis of this analysis, the book analyzes current global competition law proposals and outlines a strategy that utilizes these discussions, but more specifically addresses global economic development needs. This strategy may be developed within the institutional framework of the WTO, but it may also be pursued independently.
DEBORAH Z. CASS
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199285846
- eISBN:
- 9780191713798
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199285846.003.0003
- Subject:
- Law, Private International Law
This chapter discusses how WTO constitutionalization models emerged from international economic law, and argues that the field is characterized by a number of tendencies which fuelled speculation ...
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This chapter discusses how WTO constitutionalization models emerged from international economic law, and argues that the field is characterized by a number of tendencies which fuelled speculation about WTO constitutionalization. These tendencies include an increasing conflation of institutions with constitutions; integration of world markets through globalization; a consensus on the benefits of liberalization; an expansion of law to take in new forms of regulation; and an anxiety about how to define and limit the field of economic law and its role in transforming international order.Less
This chapter discusses how WTO constitutionalization models emerged from international economic law, and argues that the field is characterized by a number of tendencies which fuelled speculation about WTO constitutionalization. These tendencies include an increasing conflation of institutions with constitutions; integration of world markets through globalization; a consensus on the benefits of liberalization; an expansion of law to take in new forms of regulation; and an anxiety about how to define and limit the field of economic law and its role in transforming international order.
Sonia E. Rolland
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199600885
- eISBN:
- 9780191738364
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600885.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to ...
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This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to assess trade rules as part of the legal processes and institutions that produce them. A consideration of the development dimension at the WTO must account for the impact of the WTO as an institution on developing and least developed members. The book then seeks to open some paths for reconsidering the trade and development relationship at the WTO taking into account both the heritage of the trade regime and present dynamics. From a pragmatic perspective, this book provides a coherent and systematic analysis of the legal value, the implementation, and the adjudication of special and differential treatment rules for developing members at the WTO. From a theoretical perspective, it posits two paradigms to evaluate different regulatory approaches to trade and development: One where development is considered as a core normative constituent of the trade liberalizing mission of the WTO and one where development considerations are considered on an ad hoc basis. As a prescriptive analysis, it presents a menu of options towards a more functional balance of trade liberalization processes and the development imperatives of many WTO members.Less
This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to assess trade rules as part of the legal processes and institutions that produce them. A consideration of the development dimension at the WTO must account for the impact of the WTO as an institution on developing and least developed members. The book then seeks to open some paths for reconsidering the trade and development relationship at the WTO taking into account both the heritage of the trade regime and present dynamics. From a pragmatic perspective, this book provides a coherent and systematic analysis of the legal value, the implementation, and the adjudication of special and differential treatment rules for developing members at the WTO. From a theoretical perspective, it posits two paradigms to evaluate different regulatory approaches to trade and development: One where development is considered as a core normative constituent of the trade liberalizing mission of the WTO and one where development considerations are considered on an ad hoc basis. As a prescriptive analysis, it presents a menu of options towards a more functional balance of trade liberalization processes and the development imperatives of many WTO members.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.001.0001
- Subject:
- Law, Public International Law, EU Law
Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often ...
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Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists — on the grounds of inefficiency, and lawyers — on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.Less
Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists — on the grounds of inefficiency, and lawyers — on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.
Inger-Johanne Sand
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199669318
- eISBN:
- 9780191749353
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199669318.003.0010
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses changes in the classical public–private divide under the new conditions of globalization, new technologies, and public–private cooperation. General public law and the ...
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This chapter discusses changes in the classical public–private divide under the new conditions of globalization, new technologies, and public–private cooperation. General public law and the public–private divide have been crucial in the evolution of rule-of-law regimes and in the development of welfare and regulatory states. It is argued that vital developments within the state, and by increased internationalization and globalization, have contributed significantly to changes in the classical forms of public law. Some examples are further analysed: the expansion of markets and public regulation has led to closer and more intensive interactions between the corresponding spheres of law. Markets are increasingly used as mechanisms of regulation. The expansion of international and European economic law has been vital in the changing interface of public and private law. The regulation of the Internet and of new biotechnologies offers further examples of new forms of public law and changes in the public-private divide.Less
This chapter discusses changes in the classical public–private divide under the new conditions of globalization, new technologies, and public–private cooperation. General public law and the public–private divide have been crucial in the evolution of rule-of-law regimes and in the development of welfare and regulatory states. It is argued that vital developments within the state, and by increased internationalization and globalization, have contributed significantly to changes in the classical forms of public law. Some examples are further analysed: the expansion of markets and public regulation has led to closer and more intensive interactions between the corresponding spheres of law. Markets are increasingly used as mechanisms of regulation. The expansion of international and European economic law has been vital in the changing interface of public and private law. The regulation of the Internet and of new biotechnologies offers further examples of new forms of public law and changes in the public-private divide.
Astrid Kjeldgaard-Pedersen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198820376
- eISBN:
- 9780191860294
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198820376.003.0008
- Subject:
- Law, Public International Law
Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms ...
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Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms pertaining to ‘State contracts’. Section 8.2 then studies the field of international investment law, which (unlike, for instance, international trade law) is characterized by a considerable degree of involvement of the individual investor. Section 8.3 goes on to discuss some pertinent aspects of EU law in relation to the international legal personality of individuals. EU law is not commonly regarded as a part of international (economic) law, but rather as ‘a new legal order’ of its own. EU law is nevertheless included here as the point is to challenge the popular conception of EU law as separate from the international legal system, and to illustrate that this notion rests, at least in part, on the orthodox ‘States-only’ conception of international legal personality.Less
Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms pertaining to ‘State contracts’. Section 8.2 then studies the field of international investment law, which (unlike, for instance, international trade law) is characterized by a considerable degree of involvement of the individual investor. Section 8.3 goes on to discuss some pertinent aspects of EU law in relation to the international legal personality of individuals. EU law is not commonly regarded as a part of international (economic) law, but rather as ‘a new legal order’ of its own. EU law is nevertheless included here as the point is to challenge the popular conception of EU law as separate from the international legal system, and to illustrate that this notion rests, at least in part, on the orthodox ‘States-only’ conception of international legal personality.
Peter-Tobias Stoll
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199588817
- eISBN:
- 9780191725272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588817.003.0013
- Subject:
- Law, Public International Law
The issues of reciprocity and common interest — or community interest — mark two demarcation points in the oeuvre of Bruno Simma. Some parts of international economic law, particularly the WTO legal ...
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The issues of reciprocity and common interest — or community interest — mark two demarcation points in the oeuvre of Bruno Simma. Some parts of international economic law, particularly the WTO legal system, arguably have a number of characteristics that go beyond the idea of strict reciprocity and that might well reflect a legal structure, which Simma later on identified as one designed to serve a common interest. This chapter explores further the concepts and structures of WTO law in view of reciprocity and community interest. The effort may be particularly worthwhile when we take a different view on international trade law. Beyond its strange issues and cases, its historical roots can be found in Article 55 of the UN Charter and can be seen as a cornerstone of the Charter's perception of the relevance of economic and social conditions for world peace. In addition, it is a major element in securing the economic and social development of nations and peoples around the world.Less
The issues of reciprocity and common interest — or community interest — mark two demarcation points in the oeuvre of Bruno Simma. Some parts of international economic law, particularly the WTO legal system, arguably have a number of characteristics that go beyond the idea of strict reciprocity and that might well reflect a legal structure, which Simma later on identified as one designed to serve a common interest. This chapter explores further the concepts and structures of WTO law in view of reciprocity and community interest. The effort may be particularly worthwhile when we take a different view on international trade law. Beyond its strange issues and cases, its historical roots can be found in Article 55 of the UN Charter and can be seen as a cornerstone of the Charter's perception of the relevance of economic and social conditions for world peace. In addition, it is a major element in securing the economic and social development of nations and peoples around the world.
Hans Morten Haugen
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780199685974
- eISBN:
- 9780191766091
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199685974.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines whether economic, social, and cultural rights are taken into account when arbitration or adjudicating bodies (panels or tribunals) attempt to solve disputes arising under ...
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This chapter examines whether economic, social, and cultural rights are taken into account when arbitration or adjudicating bodies (panels or tribunals) attempt to solve disputes arising under international economic law (IEL). It first discusses the legal and policy framework for addressing issues relating to IEL and human rights. It then analyses specific provisions of World Trade Organization (WTO) treaties, free trade agreements (FTAs), and bilateral investment treaties (BITs) and how human rights can be introduced by international tribunals when resolving disputes. The chapter also considers some notable cases from international investment disputes that illustrate principles such as how to justify measures by their relationship to legitimate policy objectives, the essence of the proportionality test, and what is legitimately included in the fair and equitable treatment standard under international investment law. It also determines whether states have a duty to give more weight to their human rights obligations when agreements under IEL are negotiated, implemented, and enforced.Less
This chapter examines whether economic, social, and cultural rights are taken into account when arbitration or adjudicating bodies (panels or tribunals) attempt to solve disputes arising under international economic law (IEL). It first discusses the legal and policy framework for addressing issues relating to IEL and human rights. It then analyses specific provisions of World Trade Organization (WTO) treaties, free trade agreements (FTAs), and bilateral investment treaties (BITs) and how human rights can be introduced by international tribunals when resolving disputes. The chapter also considers some notable cases from international investment disputes that illustrate principles such as how to justify measures by their relationship to legitimate policy objectives, the essence of the proportionality test, and what is legitimately included in the fair and equitable treatment standard under international investment law. It also determines whether states have a duty to give more weight to their human rights obligations when agreements under IEL are negotiated, implemented, and enforced.
Donald Robertson
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780198825296
- eISBN:
- 9780191864001
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198825296.003.0011
- Subject:
- Law, Company and Commercial Law
Intertwined markets and disaggregated means of production give rise to new types of economic entities. Organized along global value chains, the relevance of state borders for the legal norms that ...
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Intertwined markets and disaggregated means of production give rise to new types of economic entities. Organized along global value chains, the relevance of state borders for the legal norms that apply to them are often reduced and new governance responses have emerged. Modern retail payment systems are an example of cross-border, network structures requiring both private (contractual) and public (regulatory) governance. The two main legal responses—private international law and harmonization—fail to deal effectively with coherence. Based in a principled regulatory approach which relies on public reason, megaregional trade and investment agreements such as TPP provide a route to effective transnational governance of global and regional value chains in this area.Less
Intertwined markets and disaggregated means of production give rise to new types of economic entities. Organized along global value chains, the relevance of state borders for the legal norms that apply to them are often reduced and new governance responses have emerged. Modern retail payment systems are an example of cross-border, network structures requiring both private (contractual) and public (regulatory) governance. The two main legal responses—private international law and harmonization—fail to deal effectively with coherence. Based in a principled regulatory approach which relies on public reason, megaregional trade and investment agreements such as TPP provide a route to effective transnational governance of global and regional value chains in this area.
Ernst-Ulrich Petersmann
- Published in print:
- 2017
- Published Online:
- October 2017
- ISBN:
- 9780198808893
- eISBN:
- 9780191846625
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808893.003.0002
- Subject:
- Law, Public International Law
These new orientations in international economic law and the EU’s external economic relations are analysed in the following chapters of this volume. This chapter discusses mega-regional free trade ...
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These new orientations in international economic law and the EU’s external economic relations are analysed in the following chapters of this volume. This chapter discusses mega-regional free trade agreements and other plurilateral trade agreements as ‘new trends’ in international economic law (IEL). CETA, TTIP, and TiSA use ‘legal fragmentation’, ‘regulatory competition’, and ‘methodological pluralism’ as instruments for WTO-consistent, piecemeal reforms of the world trading and investment system. The competing conceptions of IEL result from diverse conceptions of ‘principles of justice’ and diverse ‘legal methods’ for further developing IEL. CETA, TTIP, and TiSA are likely to enhance productivity, competition, and consumer welfare. By disregarding the EU’s ‘cosmopolitan foreign policy mandate’ to act as ‘protector of citizens’, CETA and TTIP risk undermining fundamental rights, democratic accountability, and judicial remedies in the EU. The less the WTO succeeds in liberalizing world trade and regulating ‘market failures’, the more important becomes the policy option of plurilateral agreements, which could ultimately replace ‘WTO 1994’ by a new ‘WTO 2020’ based on a ‘merger’ of mega-regional and plurilateral agreements.Less
These new orientations in international economic law and the EU’s external economic relations are analysed in the following chapters of this volume. This chapter discusses mega-regional free trade agreements and other plurilateral trade agreements as ‘new trends’ in international economic law (IEL). CETA, TTIP, and TiSA use ‘legal fragmentation’, ‘regulatory competition’, and ‘methodological pluralism’ as instruments for WTO-consistent, piecemeal reforms of the world trading and investment system. The competing conceptions of IEL result from diverse conceptions of ‘principles of justice’ and diverse ‘legal methods’ for further developing IEL. CETA, TTIP, and TiSA are likely to enhance productivity, competition, and consumer welfare. By disregarding the EU’s ‘cosmopolitan foreign policy mandate’ to act as ‘protector of citizens’, CETA and TTIP risk undermining fundamental rights, democratic accountability, and judicial remedies in the EU. The less the WTO succeeds in liberalizing world trade and regulating ‘market failures’, the more important becomes the policy option of plurilateral agreements, which could ultimately replace ‘WTO 1994’ by a new ‘WTO 2020’ based on a ‘merger’ of mega-regional and plurilateral agreements.
Paul Mertenskötter and Richard B. Stewart
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780198825296
- eISBN:
- 9780191864001
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198825296.003.0017
- Subject:
- Law, Company and Commercial Law
The Trans-Pacific Partnership (TPP) includes many and varied administrative law obligations for the parties’ domestic regulation and administration which form an integral part of its megaregulation ...
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The Trans-Pacific Partnership (TPP) includes many and varied administrative law obligations for the parties’ domestic regulation and administration which form an integral part of its megaregulation project. These treaty requirements for regulatory procedures operate as instruments of transnational remote control by empowering private actors to use the procedures to pursue and defend their interests in other states. To create this remote control, TPP uses rules and structures for regulatory decision-making that reflect a US understanding of administrative law and its implicit regulatory capitalist model for the structuring of state–market relations. To explain how remote control works, we synthesize McNollgast’s conception of regulatory procedures in the purely domestic context as instruments of political control and Putnam’s theorization of international treaty negotiations as a two-level game. We show how procedural obligations in TPP are designed to stack the deck to favor certain interests—business firms rather than environmental and social interests—and why treaty negotiators may find it easier to agree on procedures than on substantive commitments.Less
The Trans-Pacific Partnership (TPP) includes many and varied administrative law obligations for the parties’ domestic regulation and administration which form an integral part of its megaregulation project. These treaty requirements for regulatory procedures operate as instruments of transnational remote control by empowering private actors to use the procedures to pursue and defend their interests in other states. To create this remote control, TPP uses rules and structures for regulatory decision-making that reflect a US understanding of administrative law and its implicit regulatory capitalist model for the structuring of state–market relations. To explain how remote control works, we synthesize McNollgast’s conception of regulatory procedures in the purely domestic context as instruments of political control and Putnam’s theorization of international treaty negotiations as a two-level game. We show how procedural obligations in TPP are designed to stack the deck to favor certain interests—business firms rather than environmental and social interests—and why treaty negotiators may find it easier to agree on procedures than on substantive commitments.
Lucy A. Williams
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199271818
- eISBN:
- 9780191699542
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271818.003.0006
- Subject:
- Law, Employment Law
This chapter considers how the received wisdom within disciplinary boundaries between labour law, welfare law, and immigration law, as well as most progressive critiques of those doctrines and ...
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This chapter considers how the received wisdom within disciplinary boundaries between labour law, welfare law, and immigration law, as well as most progressive critiques of those doctrines and disciplines, unwittingly reflect and reinforce discourses which legitimate the economic status quo, including the legal and institutional structures that create and sustain poverty. It seeks to draw threads between fields of inquiry and practice that progressives, especially labour and welfare lawyers, must understand as intimately linked. It argues that any progressive transformation of labour law requires intense engagement with welfare law. With notable exceptions, labour law still largely situates questions of power and income distribution within the framework of labour markets. Its perspective on work remains limited to wage labour. And it still privileges collective bargaining by unions within a nation-state as the primary site of progressive initiatives for economic and social redistribution.Less
This chapter considers how the received wisdom within disciplinary boundaries between labour law, welfare law, and immigration law, as well as most progressive critiques of those doctrines and disciplines, unwittingly reflect and reinforce discourses which legitimate the economic status quo, including the legal and institutional structures that create and sustain poverty. It seeks to draw threads between fields of inquiry and practice that progressives, especially labour and welfare lawyers, must understand as intimately linked. It argues that any progressive transformation of labour law requires intense engagement with welfare law. With notable exceptions, labour law still largely situates questions of power and income distribution within the framework of labour markets. Its perspective on work remains limited to wage labour. And it still privileges collective bargaining by unions within a nation-state as the primary site of progressive initiatives for economic and social redistribution.
James Munro
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780198828709
- eISBN:
- 9780191867101
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198828709.001.0001
- Subject:
- Law, Public International Law
This book assesses whether—and how—emissions trading schemes are subject to international economic law. Through an analysis of trade and investment treaties and related jurisprudence, it argues that ...
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This book assesses whether—and how—emissions trading schemes are subject to international economic law. Through an analysis of trade and investment treaties and related jurisprudence, it argues that the objects of trade in these schemes, namely carbon units (also known as emissions permits or carbon credits), are capable of being legally characterized as ‘goods’, ‘services’, ‘financial services’, and ‘investments’ under international economic law. The sui generis properties of carbon units—such as their intangibility, their degree of permanence, their relationship to an economic activity performed, and their use as a regulatory instrument—make this a particularly complex question. Having ascertained whether and how carbon units are regulated in this regard, this book undertakes a comparative analysis of numerous emissions trading schemes and uncovers a raft of design elements affecting trade and investment in carbon units that could be impugned under international economic law. In particular, it demonstrates how all of the major schemes—from the nascent schemes in China, South Korea, and Ontario to the more established schemes in the European Union, Switzerland, New Zealand, Norway, California, and Quebec—engage in violations of international economic law that are, in many cases, unlikely to be justified under environmental or other exceptions or exemptions. Not only do these conclusions have implications for the relationship between the international economic and international climate regimes but, more broadly, these conclusions interrogate the efficacy of international economic law for covering market-based mechanisms designed to manage environmental problems. They also provide guidance to policy-makers seeking to inoculate their emissions trading schemes from legal challenges under international trade and investment treaties.Less
This book assesses whether—and how—emissions trading schemes are subject to international economic law. Through an analysis of trade and investment treaties and related jurisprudence, it argues that the objects of trade in these schemes, namely carbon units (also known as emissions permits or carbon credits), are capable of being legally characterized as ‘goods’, ‘services’, ‘financial services’, and ‘investments’ under international economic law. The sui generis properties of carbon units—such as their intangibility, their degree of permanence, their relationship to an economic activity performed, and their use as a regulatory instrument—make this a particularly complex question. Having ascertained whether and how carbon units are regulated in this regard, this book undertakes a comparative analysis of numerous emissions trading schemes and uncovers a raft of design elements affecting trade and investment in carbon units that could be impugned under international economic law. In particular, it demonstrates how all of the major schemes—from the nascent schemes in China, South Korea, and Ontario to the more established schemes in the European Union, Switzerland, New Zealand, Norway, California, and Quebec—engage in violations of international economic law that are, in many cases, unlikely to be justified under environmental or other exceptions or exemptions. Not only do these conclusions have implications for the relationship between the international economic and international climate regimes but, more broadly, these conclusions interrogate the efficacy of international economic law for covering market-based mechanisms designed to manage environmental problems. They also provide guidance to policy-makers seeking to inoculate their emissions trading schemes from legal challenges under international trade and investment treaties.
James Munro
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780198828709
- eISBN:
- 9780191867101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198828709.003.0010
- Subject:
- Law, Public International Law
Chapter 10 summarizes the main conclusion of this book that the objects traded within emissions trading schemes—namely, carbon units—are subject to the disciplines of international economic law in a ...
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Chapter 10 summarizes the main conclusion of this book that the objects traded within emissions trading schemes—namely, carbon units—are subject to the disciplines of international economic law in a series of complex and asymmetrical ways. The significance of this conclusion is underlined by the volume and extent of prima facie inconsistencies exhibited by emissions trading schemes with international economic law and identified in this book. While the evidence available and justifications in respect of some of these inconsistencies suggests that they might be saved by certain public policy-related exceptions in international economic law, it is equally apparent that many would not be shielded. Chapter 10 also passes comment on the potential means by which jurisdictions might inoculate their emissions trading schemes from the reach of international economic law, such as by insulating schemes from external transactions, denuding carbon units of proprietary status, and framing international trade in carbon units as a matter of mutual recognition of respective jurisdictions’ technical regulations or standards under international economic law.Less
Chapter 10 summarizes the main conclusion of this book that the objects traded within emissions trading schemes—namely, carbon units—are subject to the disciplines of international economic law in a series of complex and asymmetrical ways. The significance of this conclusion is underlined by the volume and extent of prima facie inconsistencies exhibited by emissions trading schemes with international economic law and identified in this book. While the evidence available and justifications in respect of some of these inconsistencies suggests that they might be saved by certain public policy-related exceptions in international economic law, it is equally apparent that many would not be shielded. Chapter 10 also passes comment on the potential means by which jurisdictions might inoculate their emissions trading schemes from the reach of international economic law, such as by insulating schemes from external transactions, denuding carbon units of proprietary status, and framing international trade in carbon units as a matter of mutual recognition of respective jurisdictions’ technical regulations or standards under international economic law.
Jing Tao
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780198825296
- eISBN:
- 9780191864001
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198825296.003.0004
- Subject:
- Law, Company and Commercial Law
How China reacts to a potential US-led TPP or the current TPP11, and whether a China-centric ordering is compatible with a US-led one, will be determined by both domestic and geopolitical factors. ...
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How China reacts to a potential US-led TPP or the current TPP11, and whether a China-centric ordering is compatible with a US-led one, will be determined by both domestic and geopolitical factors. These include China’s domestic economic structure and reform agenda, as well as China’s relative power vis-à-vis the United States and the strategic interaction between the two countries. Due to a variety of domestic constraints—such as the dominant role of SOEs and a reliance on industrial policy to move up GVCs—TPP or TPP11 is unlikely to make China substantially deepen its domestic economic reform or converge toward a hard law-based liberal economic ordering. Nevertheless, China’s perception of the potential negative economic and geo-political impacts of a US-led TPP has strengthened its will and efforts to establish a China-centric regional ordering: China has accelerated both its RCEP negotiations and the implementation of its ambitious Belt and Road Initiative. A China-centric ordering will exhibit mixed features of both market and statist components.Less
How China reacts to a potential US-led TPP or the current TPP11, and whether a China-centric ordering is compatible with a US-led one, will be determined by both domestic and geopolitical factors. These include China’s domestic economic structure and reform agenda, as well as China’s relative power vis-à-vis the United States and the strategic interaction between the two countries. Due to a variety of domestic constraints—such as the dominant role of SOEs and a reliance on industrial policy to move up GVCs—TPP or TPP11 is unlikely to make China substantially deepen its domestic economic reform or converge toward a hard law-based liberal economic ordering. Nevertheless, China’s perception of the potential negative economic and geo-political impacts of a US-led TPP has strengthened its will and efforts to establish a China-centric regional ordering: China has accelerated both its RCEP negotiations and the implementation of its ambitious Belt and Road Initiative. A China-centric ordering will exhibit mixed features of both market and statist components.
Julien Chaisse and Tsai-yu Lin (eds)
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780198778257
- eISBN:
- 9780191823763
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198778257.001.0001
- Subject:
- Law, Public International Law
Mitsuo Matsushita is one of the most significant figures in international economic law. His scholarship has addressed the most pressing issues in international economic law over the last thirty ...
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Mitsuo Matsushita is one of the most significant figures in international economic law. His scholarship has addressed the most pressing issues in international economic law over the last thirty years, ranging from trade dispute resolution to competition policy and including public policy concerns. Reviewing the work of Matsushita and his many intellectual contributions to the field, this book offers a critical and scholarly analysis of the evolution and current state of international economic governance. Part I provides a critical analysis of the rule-based international dispute settlement mechanisms; Part II investigates the normative influences to and from WTO law; and Part III focuses on policy- and law-making issues.Less
Mitsuo Matsushita is one of the most significant figures in international economic law. His scholarship has addressed the most pressing issues in international economic law over the last thirty years, ranging from trade dispute resolution to competition policy and including public policy concerns. Reviewing the work of Matsushita and his many intellectual contributions to the field, this book offers a critical and scholarly analysis of the evolution and current state of international economic governance. Part I provides a critical analysis of the rule-based international dispute settlement mechanisms; Part II investigates the normative influences to and from WTO law; and Part III focuses on policy- and law-making issues.
John Linarelli, Margot E Salomon, and Muthucumaraswamy Sornarajah
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198753957
- eISBN:
- 9780191815812
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198753957.003.0008
- Subject:
- Law, Public International Law
This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state ...
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This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.Less
This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.
Sivan Shlomo Agon
- Published in print:
- 2019
- Published Online:
- October 2019
- ISBN:
- 9780198788966
- eISBN:
- 9780191830976
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198788966.003.0013
- Subject:
- Law, Public International Law
The present chapter extends the goal-based analytic framework applied in Parts II and III of the book to an additional category of disputes filed with the World Trade Organization (WTO) Dispute ...
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The present chapter extends the goal-based analytic framework applied in Parts II and III of the book to an additional category of disputes filed with the World Trade Organization (WTO) Dispute Settlement System (DSS)—those reflecting the growing friction between the WTO’s multilateral trade regime and the network of regional trade agreements (RTAs) proliferating around the globe. Looking at a series of prominent RTA-related cases that came before the WTO DSS, the extensive analysis carried out in this chapter shows that the dynamic reality of goal shifts and goal conflicts experienced within the DSS is not unique to trade-and and perennial disputes. Similar processes can be observed in the histories of other classes of WTO disputes, an analysis of which is likely to disclose different DSS goal-attainment patterns evidencing new goal priorities and trade-offs, and resulting in varying dimensions of judicial effectiveness and ineffectiveness, adjusted to the new operational environments.Less
The present chapter extends the goal-based analytic framework applied in Parts II and III of the book to an additional category of disputes filed with the World Trade Organization (WTO) Dispute Settlement System (DSS)—those reflecting the growing friction between the WTO’s multilateral trade regime and the network of regional trade agreements (RTAs) proliferating around the globe. Looking at a series of prominent RTA-related cases that came before the WTO DSS, the extensive analysis carried out in this chapter shows that the dynamic reality of goal shifts and goal conflicts experienced within the DSS is not unique to trade-and and perennial disputes. Similar processes can be observed in the histories of other classes of WTO disputes, an analysis of which is likely to disclose different DSS goal-attainment patterns evidencing new goal priorities and trade-offs, and resulting in varying dimensions of judicial effectiveness and ineffectiveness, adjusted to the new operational environments.
Thilo Rensmann (ed.)
- Published in print:
- 2017
- Published Online:
- June 2017
- ISBN:
- 9780198795650
- eISBN:
- 9780191836961
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198795650.003.0001
- Subject:
- Law, Public International Law
An introductory chapter to the book discussing the internationalization of small and medium-sized enterprises and the challenges posed by SMEs for international economic law. It discusses sustainable ...
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An introductory chapter to the book discussing the internationalization of small and medium-sized enterprises and the challenges posed by SMEs for international economic law. It discusses sustainable development in this context and the adjustments made by international economic law to cope with the internationalization of SMEs.Less
An introductory chapter to the book discussing the internationalization of small and medium-sized enterprises and the challenges posed by SMEs for international economic law. It discusses sustainable development in this context and the adjustments made by international economic law to cope with the internationalization of SMEs.
Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz, and Atsushi Sunami
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780198825296
- eISBN:
- 9780191864001
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198825296.003.0001
- Subject:
- Law, Company and Commercial Law
The Trans-Pacific Partnership (TPP) is the first fully formed attempt at a new type of geopolitical and economic ordering project we call megaregulation. This introduction draws on the volume’s ...
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The Trans-Pacific Partnership (TPP) is the first fully formed attempt at a new type of geopolitical and economic ordering project we call megaregulation. This introduction draws on the volume’s thirty further chapters to distill TPP’s essence and critically appraise its significance in the Asia-Pacific and beyond. TPP’s megaregulatory project uses the treaty-institutional form to open space for transnational business operations and prescribe liberal-type reforms of regulatory states and of their relations to markets. It also carries glimmers of a megaregionalism, but one largely lacking in imagination of a shared social or ecological future. TPP’s extensive coverage implicates, but TPP does not very much address, concerns over distribution, inequality, labor, environment, development, and national futures and nationalism which became more and more evident in national and international politics during and after the years of its negotiation. Drawing together themes from the book sheds some light on thinking about possible futures of economic ordering.Less
The Trans-Pacific Partnership (TPP) is the first fully formed attempt at a new type of geopolitical and economic ordering project we call megaregulation. This introduction draws on the volume’s thirty further chapters to distill TPP’s essence and critically appraise its significance in the Asia-Pacific and beyond. TPP’s megaregulatory project uses the treaty-institutional form to open space for transnational business operations and prescribe liberal-type reforms of regulatory states and of their relations to markets. It also carries glimmers of a megaregionalism, but one largely lacking in imagination of a shared social or ecological future. TPP’s extensive coverage implicates, but TPP does not very much address, concerns over distribution, inequality, labor, environment, development, and national futures and nationalism which became more and more evident in national and international politics during and after the years of its negotiation. Drawing together themes from the book sheds some light on thinking about possible futures of economic ordering.
