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Coexistence, Cooperation and Solidarity (2 vols.)
This Liber Amicorum, dedicated to Judge Rüdiger Wolfrum of the International Tribunal for the Law of the Sea, highlights paradigmatic changes in international law, a body of law which moved during the 20th century from a law of coexistence to one of cooperation and which is now about to reflect notions of solidarity going even beyond cooperative undertakings. This leitmotif of Rüdiger Wolfrum’s academic research and judgeship is represented in a comprehensive collection of essays by eminent scholars and practitioners of international law covering specific aspects of international law, including law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and domestic law. With its multifaceted and comprehensive overview of the evolution of international law in recent years and detailed study of current challenges this collection is a unique source of insight for all those interested in this fascinating field of law.
The Legality of Local Content Measures Under WTO Law
Local content measures have proliferated and become a popular tool for governments to incentivize national industry. This article sets out a typology of such measures and analyses the legality of the different types of measures under WTO Law. Questions arise not only with respect to national treatment, the government procurement exemption and the rules on state trading enterprises under the GATT, but also with respect to the TRIMS Agreement, the SCM Agreement as well as the GATS. The article concludes that very few measures can be considered compatible with WTO law.
Human Rights and the WTO
This book examines one of the most controversial aspects of the world trading system: patents and access to medication, and offers approaches to tackle the issue of how to better accommodate human rights in the trading system.
The Notion of 'Trade-Related' Aspects of Intellectual Property Rights
Few fields of international law have developed as dramatically as international intellectual property law. Proliferating international agreements on IP law (and aspects thereof) and in particular the inclusion of IP law in trade agreements have brought about ever-higher standards of IP protection. The concept that opened the door to the inclusion of IP protection in the trade arena was that of "trade-related" intellectual property rights. The comment traces the history of the concept in international trade law, describes the "migration" of the concept to EU law, where the conclusion of agreements relating to "commercial aspects" of intellectual property rights became part of the EU's competences under Art. 207 and the interpretation of the concept by Advocate General Cruz Villalón and the CJEU in Daiichi Sankyo. The peculiar consequences of the Court's holdings with respect to the future development of international IP law are discussed, blame for which is ultimately not placed on the Court, but rather on importing a notion into EU law that is devoid of any helpful substantive definition and hence should never have served as a competence conferred to the EU.
Towards a UK Trade Policy Post-Brexit
Trade has had a stunning return to the spotlight since the results of the Brexit referendum were announced. While it is much too early to speak of failure or success of the UK's trade policy, we allege that the current debate shows a lack of understanding of modern international trade law and policy. This in turn leads to a lack of appreciation of the tasks ahead for the UK. The limited aim of this short article is to point out the scope of some of the key challenges and the complexities that the UK will face on the road towards a post-Brexit trade policy. We consider a proper appreciation of these complexities to be vital for a transparent, fair and inclusive formulation of the UK's trade policies, which will determine not only the UK's economic fate, but also the UK's laws and many of its domestic policies for decades to come.
Transboundary Harm in International Law
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
How Brexit Will Happen
In a referendum held in the UK on 23 June 2016, 51.9% of the participating electorate voted to leave the European Union. The number of legal questions raised by the referendum are breathtaking. This article tackles two of them: it discusses questions of UK constitutional law involved in deciding to leave the Union, namely the role of referenda, sovereignty of Parliament, the scope of the royal prerogative and devolution, as well as the basic EU law rules concerning the withdrawal process as contained in Art. 50 of the TEU. The latter involves issues such as the start of the negotiations, their content, length, how they will be conducted and whether the UK can conclude trade agreements during the Art. 50 negotiations process.
Local Content Requirements
In the wake of the Great Recession of 2008–09, economists feared that protectionist policies might sweep the world economy, echoing the wave of tariff escalations during the Great Depression of the 1930s. To some surprise, officials were more restrained and largely avoided traditional forms of protection (tariffs and quotas), leading some observers to underestimate the incidence of new protectionism. In fact, policymakers increasingly turned to more opaque behind-the-border nontariff barriers (NTBs). Using a combination of statistical analysis and case studies, the authors show that local content requirements (LCRs), a form of NTB, have become increasingly popular. How much was global trade actually reduced on account of LCRs? A conservative estimate might be $93 billion. Case studies featured cover the healthcare sector in Brazil, wind turbines in Canada, the automobile industry in China, solar cells and modules in India, oil and gas in Nigeria, and “Buy American” restrictions on government procurement in the United States.
WTO - Trade in Goods
This volume deals with the GATT 1994 and all related agreements, which include those on Agriculture, Textiles and Clothing, Trade-Related Investment Measures, Implementation of Article VII GATT 1994, Preshipment Inspection, Rules of Origin, Import Licensi
