The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author: Zena Prodromou

Publisher: Kluwer Law International B.V.

Published: 2020-08-12

Total Pages: 313

ISBN-13: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

International Trade
International Trade

Author: James R. Markusen

Publisher: McGraw-Hill/Irwin

Published: 1995

Total Pages: 504

ISBN-13:

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This text is suitable for international trade courses at the undergraduate level. Knowledge of microeconomics is an assumed prerequisite for students using this text.

International Trade
International Trade

Author: Anne O. Krueger

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 369

ISBN-13: 0190900466

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"In all countries, there are laws and regulations affecting private economic activity. They are necessary to enable private economic activity to thrive, as well as to provide for honesty in information), consumer protection, and much more. Laws and regulations, such as safety standards, quality grades, and health and food (phytosanitary) standards generally apply to much economic activity within a country. In very primitive societies when farming or hunting was almost all economic activity, such measures were much less necessary. But as exchanges and trading increased, the need to find ways to support transactions became essential in order to enable parties to agree on even such things as simple weights and measures. Until there was a commercial code (legal framework), most businesses were owned primarily by family members who could trust each other. The commercial codes covered such phenomena as penalties against breach of contract, standards and assurances as to the quality and ingredients of goods being contracted, and penalties for their infringement, and so on. Note that even a rudimentary contract would likely have needed an understanding as to weights and measures, definition of materials, and much more"--

Subsidies in International Trade
Subsidies in International Trade

Author: Gary Clyde Hufbauer

Publisher: MIT Press (MA)

Published: 1984

Total Pages: 312

ISBN-13:

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This book seeks to explain and analyze both the concepts underlying the subsidy problem and the most important of the issues involved.

The Regulation of International Trade, Volume 3
The Regulation of International Trade, Volume 3

Author: Petros C. Mavroidis

Publisher: MIT Press

Published: 2020-11-24

Total Pages: 753

ISBN-13: 0262360616

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A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.

Winners and Losers
Winners and Losers

Author: Diana C. Mutz

Publisher: Princeton University Press

Published: 2021-07-27

Total Pages: 358

ISBN-13: 0691203032

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From acclaimed political scientist Diana Mutz, a revealing look at why people's attitudes on trade differ from their own self-interest Winners and Losers challenges conventional wisdom about how American citizens form opinions on international trade. While dominant explanations in economics emphasize personal self-interest—and whether individuals gain or lose financially as a result of trade—this book takes a psychological approach, demonstrating how people view the complex world of international trade through the lens of interpersonal relations. Drawing on psychological theories of preference formation as well as original surveys and experiments, Diana Mutz finds that in contrast to the economic view of trade as cooperation for mutual benefit, many Americans view trade as a competition between the United States and other countries—a contest of us versus them. These people favor trade as long as they see Americans as the "winners" in these interactions, viewing trade as a way to establish dominance over foreign competitors. For others, trade is a means of maintaining more peaceful relations between countries. Just as individuals may exchange gifts to cement relationships, international trade is a tie that binds nations together in trust and cooperation. Winners and Losers reveals how people's orientations toward in-groups and out-groups play a central role in influencing how they think about trade with foreign countries, and shows how a better understanding of the psychological underpinnings of public opinion can lead to lasting economic and societal benefits.

The Spatial Economy
The Spatial Economy

Author: Masahisa Fujita

Publisher: MIT Press

Published: 2001-07-27

Total Pages: 327

ISBN-13: 0262303604

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The authors show how a common approach that emphasizes the three-way interaction among increasing returns, transportation costs, and the movement of productive factors can be applied to a wide range of issues in urban, regional, and international economics. Since 1990 there has been a renaissance of theoretical and empirical work on the spatial aspects of the economy—that is, where economic activity occurs and why. Using new tools—in particular, modeling techniques developed to analyze industrial organization, international trade, and economic growth—this "new economic geography" has emerged as one of the most exciting areas of contemporary economics. The authors show how seemingly disparate models reflect a few basic themes, and in so doing they develop a common "grammar" for discussing a variety of issues. They show how a common approach that emphasizes the three-way interaction among increasing returns, transportation costs, and the movement of productive factors can be applied to a wide range of issues in urban, regional, and international economics. This book is the first to provide a sound and unified explanation of the existence of large economic agglomerations at various spatial scales.

Networks of International Trade and Investment
Networks of International Trade and Investment

Author: Sara Gorgoni

Publisher: Vernon Press

Published: 2018-03-30

Total Pages: 346

ISBN-13: 1622730658

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In recent decades, the international economy has witnessed fundamental changes in the way manufacturing is organised: products are no longer manufactured in their entirety in a single location. Instead, the production process is often split across a number of stages located in countries that are frequently far apart from each other. By spreading out their manufacturing and supply chain activities globally through international investment and intra-firm trade, Multinational enterprises (MNEs) play a focal role in this reorganisation of production. Our ability to understand the global economy, therefore, requires an understanding of the interdependencies between the entities involved in such fragmented production. Traditional methods and statistical approaches are insufficient to address this challenge. Instead, an approach is required that allows us to account for these interdependencies. The most promising approach so far is network analysis. ‘Networks of International Trade and Investment’ makes a case for the use of network analysis alongside existing techniques in order to investigate pressing issues in international business and economics. The authors put forward a range of well-informed studies that examine compelling topics such as the role of emerging economies in global trade and the evolution of world trade patterns. They look at how network analysis, as both an approach and a methodology, can explain international business and economics phenomena, in particular, in relation to international trade and investment. Providing a comprehensive but accessible explanation of the applications of network analysis and some of the most recent methodological advances in its field, this edited volume is an important contribution to research in international trade and investment.