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International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Edited by: Julien Chaisse, Tsai-Yu Lin

ISBN13: 9780198778257
Published: July 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £132.50



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Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage.

The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources.

Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.

Subjects:
Public International Law, Law and Economics
Contents:
1: Julien Chaisse and Tsai-yu Lin: Developing and Strengthening International Economic Law: the Contribution of Mitsuo Matsushita

1. RULES-BASED INTERNATIONAL DISPUTE SETTLEMENT
2: William J. Davey: Developing and Strengthening International Economic Law: the Contribution of Mitsuo Matsushita
3: Claus-Dieter Ehlermann: The Dispute Settlement System of the WTO: A Bright Picture with a Few Dark Spots
4: Frieder Roessler: The Scope of Regulatory Autonomy of WTO Members under Article III.4 of the GATT: A Critical Analysis of the Jurisprudence of the WTO Appellate Body
5: Ernst-Ulrich Petersmann: How to Reconcile Health Law and Economic Law with Human Rights? Looking for Hercules in the WTO Appellate Body
6: Joel P. Trachtman: The WTO Jurisprudence of Article XX(g) and the Conservation of Natural Resources
7: Yasuhei Taniguchi and Tomoko Ishikawa: Balancing Investment Protection and Other Public Policy Goals: Lessons from World Trade Organization (WTO) Jurisprudence
8: Chin Leng Lim: Trade Law and the Vienna Treaty Convention's Systemic Integration Clause
9: Meredith Kolsky Lewis: When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence
10: Jaemin Lee: Taming Investor-State Arbitration? Joint Committees and Binding Interpretations
11: Luke Nottage: The Limits of Legalization in Asia-Pacific Investment Treaty Arbitration?

2. NORMATIVE INFLUENCES TO AND FROM WTO LAW
12: Jan Wouters: The Interplay between the G20 and the WTO: Informal Law-making in Action
13: Rolf H. Weber: Unfinished Business - Competition Law and the WTO
14: Frederick M. Abbott: Competition Law in Emerging Markets: the virtue of regulatory diversity
15: Julien Chaisse: Untangling the Triangle - Issues for State-Controlled Entities in Trade, Investment and Competition Law
16: Chien-Huei Wu: In Search of Coherence: Navigating the WTO in the Universe of International Law
17: Thomas J. Schoenbaum: Natural Resources and the Rules of the Multilateral Trading System: A Sustainable Perspective
18: Thomas J. Schoenbaum: Facilitating Coherent Application of WTO Law within and outside the Organization: Investment Regime as an Example
19: Won-Mog Choi: Reinterpretation of the National Treatment Principle: Making International Economic Law a Friend of Global Governance of Environmental Protection
20: Shin-yi Peng: The Soft Law Approach to Regulatory Harmonization: Are We Trading Away Privacy for Economic Integration?

3. ISSUES IN THE POLICY AND LAW MAKING PROCESS
21: Bernard Hoekman and Petros Mavroidis: Members Only: Embracing Diversity in the WTO
22: David Gantz and Laura Nielsen: TTIP and the post-Bali WTO: Toward a New World Trade Order?
23: Junji Nakagawa: Regulatory Co-operation through Mega-FTAs: Possibilities and Challenges
24: Anuradha R.V.: Rise of the Plurilaterals: Threat or Opportunity for Multilateral Trade Governance
25: Bryan Mercurio: Trade in Pharmaceuticals: Patents and Access to Medicines since TRIPS - Some certainty and several lingering questions
26: Raj Bhala: Trans-Pacific Partnership Intellectual Property Controversies
27: Chi Carmody: Interdependence and the WTO Agreement as a 'Contractual Constitution'
28: Chang-fa Lo: Bridging Global and Regional Governance of International Trade
29: Rajesh Babu: Decision-making in the WTO: From negotiated law-making to judicial law-making
30: Dukgeun Ahn: Legal Development of WTO Trade Remedy Practices in East Asia
31: Yuka Fukunaga: A Managerial Approach to Secure Compliance with the SPS Agreement
32: Julio Lacarte Muró: Conclusion - Thoughts on the WTO's next Twenty Years