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Defending Interests
  • Language: en
  • Pages: 250

Defending Interests

This book examines the growing interaction between private enterprises and public officials to challenge foreign trade barriers. Building on more than one hundred interviews with former and current trade officials and private attorneys in the United States and Europe, Gregory Shaffer calls attention to the ways in which well-organized private parties are using the World Trade Organization's legal system to advance their own commercial ambitions, and how public officials increasingly are dependent on their assistance. Shaffer assesses the historical, political, legal, economic, and cultural factors that have affected the formation of these ad hoc public-private partnerships, as well as trends in the European Union toward U.S.-style practice. He considers the implications of these public-private trade litigation networks for the effectiveness and equity of the WTO system and the stability of U.S.-E.U. relations.

Emerging Powers and the World Trading System
  • Language: en
  • Pages: 345

Emerging Powers and the World Trading System

This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

Transnational Legal Orders
  • Language: en
  • Pages: 559

Transnational Legal Orders

Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Transnational Fiduciary Law
  • Language: en
  • Pages: 321

Transnational Fiduciary Law

  • Categories: Law

This book assesses the conceptualization and legal response to the social problem of abuse of fiduciary authority in transnational context.

Transnational Legal Ordering and State Change
  • Language: en
  • Pages: 271

Transnational Legal Ordering and State Change

  • Categories: Law

Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.

Constitution-Making and Transnational Legal Order
  • Language: en
  • Pages: 335

Constitution-Making and Transnational Legal Order

  • Categories: Law

Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.

Dispute Settlement at the WTO
  • Language: en

Dispute Settlement at the WTO

  • Categories: Law

This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.

When Cooperation Fails
  • Language: en
  • Pages: 456

When Cooperation Fails

  • Categories: Law

The dispute over genetically modified organisms has brought the US and the EU into conflict. This book examines the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops.

International Trade Law and Global Data Governance
  • Language: en
  • Pages: 273

International Trade Law and Global Data Governance

  • Categories: Law

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in...

Transnational Legal Orders
  • Language: en
  • Pages: 559

Transnational Legal Orders

  • Categories: Law

This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders).