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Vol 23 No 5 May/June 2018

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Trade and Competition Law in the EU and Beyond

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Edited by: Inge Govaere, Reinhard Quick, Marco Bronckers

ISBN13: 9780857935663
Published: September 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £132.00

Despatched in 3 to 5 days.

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond. Written from an international perspective, hotly debated topics include: challenges in international monetary law; the EU and free trade; treaty interpretation; WTO dispute settlement; the domestic law effect of the WTO in the EU and public and private enforcement of competition law, amongst many others. Set out to become a key work of reference for many legal practitioners, policy makers and academics alike across the globe, Trade and Competition Law in the EU and Beyond uniquely tackles the two very different, yet related, topics of trade and competition law.

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Competition Law, International Trade, EU Law
Foreword Paul Demaret and Koen Lenaerts PART I: TRADE AND COMPETITION 1. Competition and Trade Policy and the Challenge of Globalisation Jacques Steenbergen 2. Towards a WTO Business Enabling Compact Stefan D. Amarasinha and Simon J. Evenett PART II: TRADE Rules and Rulemaking 3. Challenges in International Monetary Law Thomas Cottier and Tetyana Payosova 4. From Reluctant Participant to Key Player. EU and the Negotiation of the GATS Juan A. Marchetti and Petros C. Mavroidis 5. Article IV of the GATT: An Obsolete Provision or still a Basis for Cultural Policy? Lothar Ehring 6. The Debate Continues: Are Border Adjustments of Emission Trading Schemes a Means to Protect the Climate or are they 'Naked' Protectionism? Reinhard Quick 7. EU Common Commercial Policy Throwing Off the Shackles of 'Mixity' Inge Govaere 8. The Negotiations of a New ADA in the DDA - Some Observations Hannes Welge 9. The EU and Free Trade: Can We Still Afford It Gerard Depayre Interpretation and Dispute Settlement 10. Modern Approaches to Treaty Interpretation John H. Jackson 11. WTO Dispute Settlement: Promise Fulfilled? Bill Davey 12. Consolidation of WTO Dispute Settlement Proceedings before Panels and the Appellate Body Raimund Raith 13. Can the EU's Disregard for 'Strict Observance of International Law' (Article 3 TEU) be Constitutionally Justified? Ernst-Ulrich Petersmann 14. The Effect of WTO Dispute Decisions in EU Law - Autonomy or Autarky? Piet Eeckhout 15. The Domestic Law Effect of the WTO in the EU - A Dialogue with Jacques Bourgeois Marco Bronckers 16. The Court of Justice and Unrecognized Entities under International Law Pieter Jan Kuijper 17. The Brita Ruling of the European Court of Justice: A Few Comments Marc Maresceau 18. The Standing Requirements for Bringing a Direct Action before the General Court in the Field of Trade Defence and Customs Following the Entry into Force of the TFEU Philippe De Baere PART III: COMPETITION Agreements 19. Vertical Restraints and On-line Sales in the Era of Modernisation: Is the New Regime 'Modern' Enough? Leonardo Armati and Massimo Merola 20. Parallel Trade: Econ-oclast Thoughts on a Dogma of EU Competition Law Nicolas Petit Abuses and Mergers 21. How to Treat Aftermarkets under Article 102 TFEU Hendrik Bourgeois 22. The British Airways Judgment - What are the 'Underlying Factors' in Exclusionary Abuses? John Temple Lang 23. Magill Revisited Ian S. Forrester 24. Refusal to Supply and Margin Squeeze: A Discussion of Why the 'Telefonica Exceptions' are Wrong Damien Geradin 25. Making Sense of the Reactions to the 2010 US Horizontal Merger Guidelines Barry Hawk and James A. Keyte State Aid 26. From Trade to Tutelage: State Aid and Public Choice in the European Union William Bishop Enforcement and Litigation 27. Public and Private Enforcement of Competition Law Jose Rivas 28. Ubi Iudicat Qui Accusat, Vis, Non Lex, Valet Catherine Smits and Denis Waelbroeck 29. Shaping or Administrating the Law? - Reflections on the European Courts' Decision-Making Practice in the Field of Competition Law Frank Montag