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Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the huma...
Drawing together a number of thought-provoking papers, Bilateralism and Development: Emerging Trade Patterns sets the framework for informed analysis of the spate of bilateral agreements that are currently being concluded in the context of stalled multilateral talks. It allows the reader to get a valuable perspective on the evolving trends of bilateral agreements - pre and post-establishment of the World Trade Organisation. Beginning with the premise that bilateralism is not a new phenomenon in the trade sphere, the analyses demonstrate that concurrent agreements outside the direct scope of the WTO can have both positive effects in terms of protecting developed domestic industries and distortive effects on the multilateral trading system, particularly with regards to developing countries' trade opportunities. Bilateralism and Development: Emerging Trade Patterns addresses the fundamental issue of compatibility of such agreements with the WTO, draws parallels and contrasts these new concords which are now taking precedence over the traditional commodity specific agreements between trading partners.
This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.
Drawing on the experiences of more than 100 developing country negotiators and the insights of leading academic studies, this guide brings together practical advice and lessons on ways to negotiate effectively with larger parties, and avoid common pitfalls.
This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.
For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.
The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.
The CARIFORUM-EU Economic Partnership Agreement is a sui generis North-South trade and development agreement. The C-EPA is a bi-regional agreement, signed in Bridgetown, Barbados in October 2008, with the specific aim of supporting the sustainable development of the Caribbean. As a paradigm changer in the ACP-EU trade relationship, the C-EPA has unsurprisingly attracted considerable attention. The long process of ratification by twenty-seven EU Member States and fifteen Caribbean countries has begun, and implementation is advancing after an initial delay. This book is the first detailed analysis of the Agreement's provisions, including its negotiating history and prognosis of its future pote...
This book brings policy-making for sustainable development into the mainstream of decision-making at all levels of governance and in all sectors. It builds on the 2005 internationally agreed 'Mauritius Strategy' which aims to implement the integration of sustainable development by small island developing states. Designed as a handbook for policy-makers and planners in government, as well as business and civil society leaders, it covers seven of the twenty issues that have been outlined in the Mauritius Strategy as being important for the sustainable development of SIDS - disaster management; marine resources; freshwater resources; land resources; energy resources; tourism resources and trade...
Safeguard Measures in World Trade tackles the controversial issue of restrictions on imports. Professor Yong-Shik Lee skillfully argues that Safeguards interfere substantially with the normal stream of trade, and their improper application undermines t