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EU, the WTO and China: Legal Pluralism and International Trade Regulation


ISBN13: 9781841137049
Published: September 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £160.00



Despatched in 6 to 8 days.

This book consists of a series of integrated studies of sites of governance, global legal pluralism and the regulation of international trade.

It focuses on the EU, the WTO and China and is divided into three parts. Part one surveys the literature on law and globalisation and introduces the theory of sites of governance and the concept of global legal pluralism. It shows that each site of governance has a structural dimension consisting of institutions, norms and dispute resolution processes and a relational dimension which refers to relations between that site and other sites of governance. The totality of sites of governance constitute a new form of global legal pluralism.

Part two then focuses on the EU, the WTO and China as three distinct but interrelated sites of governance. Concentrating in particular on the example of antidumping the chapters in this part deal with international legislation, the translation of rules in domestic law, the judicial construction of multi-site governance, the types of rules which are used to regulate international trade and relations between sites, the ways in which relations between sites can create new concepts of international trade law, the transformation of norms from soft law to hard law, and the role of strategic actors, notably national administrations and international companies, in the creation and regulation of contested markets in international trade.

Part three develops the main themes further by analysing two specific instances of international trade regulation: the governance of global economic networks, and the governance of global institutions. The final chapter considers ways in which global legal pluralism can enrich and possibly reform the WTO, today the predominant institution in the regulation of international trade, including trade between the EU and China.

Subjects:
International Trade, Other Jurisdictions , China
Contents:
1. Introduction
PART I GLOBALISATION, SITES OF GOVERNANCE AND GLOBAL LEGAL PLURALISM
2. Globalisation and the Law
3. Governing Economic Globalisation: Sites of Governance and Global Legal Pluralism
4. Foundations of Global Legal Pluralism: International Competition, Legal Strategies and Unintended Consequences in the EC Chinese Bicycles Anti-dumping Saga
PART II GLOBAL LEGAL PLURALISM IN ACTION: THE EU, THE WTO AND CHINA
5. The Construction of Relations Between Sites of Governance: the European Courts and WTO Law
6. Global Legal Pluralism and the Creation of New Legal Concepts: the 'Non-market Economy' in EU Anti-dumping Law
7. Relations between Sites and the Legalisation of Norms: Individual Treatment in EU Anti-dumping Law about China
8. Competing Constellations of Sites: EU Customs Law and International Production Networks
PART III NEW DIRECTIONS IN GLOBAL LEGAL PLURALISM
9. The Creation of New Sites of Governance: China, Regional Trade Agreements and WTO Law
10. Social Solidarity Ethics and the WTO: Toward Closer Relations between Sites of Governance
II. Current Relations between the WTO and Other Sites of Governance
Bibliography
Index

Series: China and International Economic Law Series

Chinese Regulatory Licensing System ISBN 9781841133928
To be published August 2027
Hart Publishing
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China’s Implementation of the Rulings of the World Trade Organization ISBN 9781509952038
Published May 2021
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China’s Implementation of the Rulings of the World Trade Organisation ISBN 9781509913558
Published October 2019
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£90.00
£35.09
(ePub)
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Arbitration in China: A Legal and Cultural Analysis ISBN 9781849463775
Published February 2013
Hart Publishing
£100.00
Arbitration in China: A Legal and Cultural Analysis (eBook) ISBN 9781782250739
Published February 2013
Hart Publishing
£90.00
(ePub)
Buy
The European Union and China, 1949-2008: Basic Documents and Commentary
Edited by: Francis Snyder
ISBN 9781841137247
Published March 2009
Hart Publishing
£140.00
International Trade Regulation in China: Law and Policy ISBN 9781841133935
Published March 2006
Hart Publishing
£180.00
The Legal Framework of EU-China Investment Relations: A Critical Appraisal ISBN 9781841133911
Published October 2005
Hart Publishing
£180.00