Bethlehem D. The Oxford Handbook of International Trade Law 2ed 2022
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Bethlehem D. The Oxford Handbook of International Trade Law 2ed 2022
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Textbook in PDF format
The rules and regulations governing international trade have grown at an exponential rate in the years since the Uruguay Round agreements established the WTO in 1995. These agreements continue to act as the multilateral foundation of the body of law, which is being expanded by its own committees and in new arrangements. As the international trade law system grows, it comes under increasing scrutiny from scholars, government officials, and trade law practitioners, it raises questions about the overlap with other international legal, political, and economic regimes.
This Handbook considers the system of international trade law and what it means for States, for economic systems, for other international regimes, for civil society, and for human welfare. The book opens by focusing on the regulation of international trade, considering the history, economics, and sources of international trade law, as well as the possibilities for the future. It considers the intersection of international trade law with States, the economic and institutional context of the world trading system, the framework of its substantive law, and the balance of trade objectives versus ethical responsibilities. The book concludes by offering analysis of new trade law developments in the agricultural, digital, and financial sectors, as well as outlining the settlement of trade law disputes both in the WTO and bilateral/regional trade agreements.
The second edition broadens the scope of analysis beyond the WTO, analysing regional trade agreements and preferential trade arrangements, including the Trans-Pacific Partnership, and Canada-EU Trade Agreement. The new edition also considers developments within the WTO such as in the area of agricultural export subsidies, and the Trade Facilitation Agreement.
List of cited WTO Panel and Appellate Body reports, initiated WTO disputes and their common abbreviations
List of cited GATT Panel reports
Table of Cases
Introduction / The Editors
The Regulation of International Trade
The development of the regulation of international trade: the past and the future / Donald McRae
The regulation of international trade: an economic perspective / Kamal Saggi and Simon Schropp
The sources of international trade law / Matthew Kennedy
International trade law institutions / James Flett and Mislav Mataija
The influence of international trade law on international law / James Crawford and Freya Baetens
The regulation of international trade and (democratic) legitimacy / Manfred Elsig
Bilateral and Regional Trade Agreements
North American trade: NAFTA and US-caused global trade tensions / Robert Brookfield and Lori Di Pierdomenico
Pacific trade / Yuka Fukunaga and Pasha L. Hsieh
Trans-Atlantic trade: the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States / Sylvie Tabet and Colin M. Brown
Trade law in Europe / Holger P. Hestermeyer
International trade policy in Latin America (Pacific Alliance—MERCOSUR) / Jorge Luis Changanaquí Miranda and John Ramiro Cusipuma Frisancho
Trade and Investment Liberalization: The Case of China / Henry Gao
Eurasian Economic Union and trade and investment liberalization / Marina Trunk-Fedorova
Africa and trade and investment liberalization / Kholofelo Kugler and Mulualem Getachew Adgeh
Substantive Law
An introduction to core principles of international trade law / Katherine Connolly and Nicolas Lockhart
Trade in goods / Ricardo Ramírez-Hernández
Trade in services / Chantal Ononaiwu
The relationship between intellectual property and trade through the lens of geographical indications: the journey before, during, and after the TRIPS Agreement / Irene Calboli
Trade in agriculture / Fiona Smith
Trade remedies in international trade / Hugo Perezcano Díaz
Balancing Trade and Non-Trade Objectives
Development, aid, and preferential systems / Jan Yves Remy and Alicia Nicholls
Progressive trade: labour and gender / Marcus Gustafsson and Amrita Bahri
Balancing market and non-market objectives: access to medicines / Jayashree Watal
Environment / Damilola S. Olawuyi
Food safety: balancing SPS scientific principles and Article XX(b) sovereignty / Marsha A. Echols
National security / Isabelle Van Damme
Privacy and data protection / Mira Burri
International Trade Law Development Beyond the WTO
Digital trade / Shin-yi Peng
State-owned enterprises (SOEs): a Trans-Pacific Partnership (TPP) Agreement experience in developing new disciplines in the new world order / Juliana Nam
Fisheries / Margaret A. Young
Investment law’s monstrous reform / Rodney Neufeld
Financial services law / Rosa Lastra and Marco Bodellini
The Settlement of Trade Disputes in the WTO and Bilateral/Regional Trade Agreements
Institutions / David Unterhalter and Erika Schneidereit
Interpretation / Peter Van den Bossche and Parika Ganeriwal
Jurisdiction and applicable law in the WTO and free trade agreements / Lorand Bartels
Remedies and compliance / Geraldo Vidigal
Procedural and evidentiary issues / Andreas Sennekamp and Federico Ortino
Stakeholders in international trade law dispute settlement / Katherine Connolly and Todd Friedbacher
Alternative dispute settlement in the GATT and the WTO / Amy Porges
Conclusion
The international trading system—looking to 2100 / Daniel Bethlehem and Donald McRae
Index