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Regional and Global Regulation of International Trade

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ISBN13: 9781841132181
ISBN: 1841132187
Published: July 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £71.00



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The processes of legal and economic integration at a regional and global scale have created powerful legal and economic dilemmas. They challenge the paradigms of constitutionalism, including the State's monopoly of constitutionalism, the autonomy of national political communities and the traditional forms of participation and representation.

The phenomena of globalization and regional forms of governance have promoted the inter-dependence of national political communities and destroyed the artificial boundaries upon which national constitutional democracies are found and from which they derive their legitimacy. Furthermore, it is inevitable that the development of international trade and economic integration will raise claims for some form of global distributive justice to complement the wealth maximization arising from free trade.

The essays in this collection, written by leading scholars in international trade law, argue the pros and cons of greater regional and global regulation. They conclude that whatever the final framework for international trade, the critical decisions about institutional form and content will be decided in an emerging global political arena.

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Subjects:
International Trade
Contents:
Part 1 Governing economic globalization - global legal pluralism and EU law, Francis Snyder: a global economic network - the global commodity chain in toys; elements of global legal pluralism; the shape of global legal pluralism; conclusion.
Part 2 The constitution of the global market, Miguel Poiares Maduro: regulation of international trade as an emerging constitution; international challenge to national constitutionalism; global constitutionalism and the future of international trade law.
Part 3 North American economic integration - implications for the WTO, the EU and Asia, Frederick M. Abbott: legalization of trade relations; intra-regional economic effects of the NAFTA; global welfare effects of the NAFTA; APEC and the legalized regional integration mechanism; NAFTA as a preferable model for East Asia; NAFTA, East Asia and the WTO system.
Part 4 Establishing the rules of the game -domestic structures and unfair trade instruments, Candido Garcia Molyneux: theoretical framework; the EU's anti-dumping methodology against Japan; conclusion.
Part 5 Indian foreign policy on the threshold of the 21st century, Rajendra K. Jain: impact of the end of the Cold War; the major powers; south and south-east Asia; politics of economic reform; India, CTBT and non-proliferation; India - a regional or global power?; conclusion.
Part 6 Courts and regional integration, Mary L. Volcansek: institutionalization; dispute-settlement systems; implications of dispute-resolution mechanisms; institutionalization and judicialization.
Part 7 China's economic development and the WTO membership issue - stakes and strategies, Francois Gipouloux: China in the WTO - the structural obstacles; the market access issue; what could China gain from membership of the WTO?; conclusion.
Part 8 The WTO as the legal foundation of international commercial relations - current status and options for the next decade, Richard Blackhurst: general overview; current WTO commitments; options for the next decade; postscript.
Part 9 Global and regional regulatory changes of foreign direct investment - challenges and opportunities for the ASEAN in the wake of recent turmoil, Suthiphand Chirathiwat: background on FDI in the ASEAN; financial crisis and trends in FDI; investment regimes in the ASEAN countries; global context and regional responses for FDI; prospects for an investment regulatory framework.
Part 10 The compatibility of the Chinese anti-dumping regulations with the WTO anti-dumping agreement, Zheng Lingliang and Han Zhen: consistent aspects; gaps to be filled; conclusion.
Part 11 China's trade policy and its implications, Huang Weiping.
Part 12 Regionalism, open regionalism and article XXIV GATT - conflicts and harmony, Sung-Hoon Park.
Part 13 Economic law reform dealing with the Asian financial turmoil, Zhang Yuejiao. (Part contents).