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Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law.

Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.

In 2014, the global economic system celebrates two anniversaries: Seventy years ago, on 22 July 1944 at Bretton Woods, New Hampshire, the Articles of Agreement of the International Monetary Fund (IMF) and the Articles of Agreement of the International Bank for Reconstruction and Development (Worldbank) were adopted. Since then the global financial and monetary system underwent significant policy changes, but the institutional framework remained the same. More recently, twenty years ago, on 15 April 1994, the Final Act of the Uruguay Round of Multilateral Trade Negotiations was signed and its key component, the Agreement establishing the World Trade Organization, entered into force on 1 January 1995. Even though the beginning of the multilateral trading system dates back to the late 1940s, the founding of the WTO constitutes a significant institutional reform which marks the beginning of a new era. Anniversaries are usually moments of celebration. However, even a superficial observer will notice that neither the current international financial and monetary regime nor the international trade regime is in a stage which invites celebration. Instead, both are facing difficult and fundamental challenges to their very existence from the outside but also from within. So while there may be no time to celebrate, anniversaries are also often used for reflection about the past and the future. Hence, EYIEL 5 (2014) considers these two anniversaries ample moments to reflect on the legacy and the current status of the main two pillars of International Economic Law in its Part one. Part two of EYIEL 5 (2014) brings together contributions on the EU’s Deep Trade Agenda, on Current Approaches to the International Investment Regime in South America, on the Multilayered System of Regional Economic Integration in West Africa and on the Tripartite Free Trade Area, as well as on India and her Trade Agreements. Part three contains treatises of developments in the World Customs Organization, the World Intellectual Property Organization and in International Investment Law. After the book reviews in Part four, EYIEL 5 (2014) is complemented with an Annex containing the Case (on exchange-rate manipulation and crisis-caused guarantees to financial institutions) and the Best Submissions of the 11th EMC2 ELSA WTO Moot Court Competition (of the Harvard team for the complainant and the Leuven team for the respondent). The case not only addresses issues of current interest but also links the subjects of our two special focusses nicely together.
This sixth volume (2015) of the European Yearbook of International Economic Law puts a particular emphasis on non-tariff barriers (NTBs) to trade and the world trade order. With the steady reduction of tariff rates since the GATT 47 came into force, focus in recent years has been on the vast and complex landscape of non-tariff barriers to trade. States as well as scholars seemingly struggle with the multitude of measures pooled under this expression as there is no single, acknowledged definition of the term, and its relation to the term “non-tariff measures” remains equally blurred. Particularly in practice and on a multilateral level, there appears to be some awkwardness when it comes to coping with NTBs since multilateral trade rules seem to be in conflict with national regulatory autonomy in the pursuit of policy objectives. In part one, this volume sheds light on the problems of non-tariff barriers to trade that arise in various fields.Part two focuses on regional integration with an emphasis on relations between East Asia and the European Union. In this regard, the authors outline the trade and investment relations between the European Union and East Asia, including Japan, Korea and Singapore. Part three offers an overview of recent institutional developments in WIPO, ICSID, WTO and WTO jurisprudence. Part four includes book reviews of recent works in the field of international economic law, and part five introduces a new section on publications in the field of international economic law that were released in 2013 and 2014.
Formulation of Appropriate Laws: A New Multidisciplinary Modelling Approach and an Application to Electronic Funds Transfer Regulation. Efficient laws have profound positive social, economic, political and welfare effects. As a consequence, the formulation of efficient laws is a central issue in the study, practice and implementation of laws. Fragmented approaches to the formulation of laws such as ‘comparative law analysis’ and ‘welfare economic analysis of laws’ exist in the current literature; they even occasionally rear their heads in the practice and implementation of laws. However, what these authors offer and what is needed, is an integrated approach to help formulate efficient and socially desirable laws – an approach that not only incorporates ‘comparative law analysis’ and ‘welfare economic analysis of laws,’ but also takes into consid- ation other various dimensions of human welfare that are affected by new laws and legal reform. This book presents such an approach using the Electronic Funds Transfer (EFT) regulation in Australia as its vehicle of analysis. The two-pronged approach offered in this book can be applied to formulate efficient laws that maximise the social welfare of the country, irrespective of social, political and economic organisations of the country under study. As such, this book makes several distinct contributions to the literature in law as it: 1. develops a new integrated multi-disciplinary approach using quantitative methods to formulate appropriate laws; 2. applies recent developments in welfare economics; 3.
This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.
Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth.

In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach.

In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

This book provides a unique comparative and global analysis of the regulation of disclosure in financial (securities) markets. It is written by two authors who represent both the new world (Australia) and the old world (Germany). The authors present their research in the global business context, with legal and regulatory perspectives including some references from Africa, Asia, the Middle East and South America.

After every “boom” and “bust”, legislators pass new disclosure legislation, often in a heated environment fuelled by politics and the media. Little regard is paid to existing regulation or the lessons learned from earlier regulation. The result is the continuing enactment of redundant and overlapping disclosure laws. Since financial markets are often described as markets for information, the failure to ensure disclosure is at the heart of financial services regulation. This book argues that the solution to the failure of disclosure is a brief, easily understood, principles-based, plain English safety-net amendment to statute law such as “you must keep the financial market fully informed”, a measure that would support effective mandatory continuous disclosure of information to financial markets.

This book examines the reasons for disclosure regulation, and how the efficient operation of financial markets is dependent on disclosure. It examines the adequacy of common law and civil law concerning broker/client disclosure, and concludes that industry licensing in itself fails to keep the market informed. While recognizing the failures of securities commissions to achieve good disclosure in financial markets, it confirms the effectiveness of coregulation of disclosure by a commission with the support of the financial markets (such as the stock exchange). Coregulation builds on financial market self-regulation, and is best described in the words of one-time SEC Chairman William O. Douglas, who, in the 1930s, described it as a shotgun behind the door.

• Thousands of Africans head to China each year to buy cell phones, auto parts, and other products that they will import to their home countries through a clandestine global back channel.
 
• Hundreds of Paraguayan merchants smuggle computers, electronics, and clothing across the border to Brazil.
 
• Scores of laid-off San Franciscans, working without any licenses, use Twitter to sell home-cooked foods.
 
• Dozens of major multinationals sell products through unregistered kiosks and street vendors around the world.
 
When we think of the informal economy, we tend to think of crime: prostitution, gun running, drug trafficking. Stealth of Nations opens up this underground realm, showing how the worldwide informal economy deals mostly in legal products and is, in fact, a ten-trillion-dollar industry, making it the second-largest economy in the world, after that of the United States.
 
Having penetrated this closed world and persuaded its inhabitants to open up to him, Robert Neuwirth makes clear that this informal method of transaction dates back as far as humans have existed and traded, that it provides essential services and crucial employment that fill the gaps in formal systems, and that this unregulated market works smoothly and effectively, with its own codes and unwritten rules.
 
Combining a vivid travelogue with a firm grasp on global economic strategy—along with a healthy dose of irreverence and skepticism toward conventional perceptions—Neuwirth gives us an eye-opening account of a world that is always operating around us, hidden in plain sight.
The Domestic Politics of International Trade considers the issues surrounding intellectual property rights in international trade negotiations in order to examine the challenges posed to domestic policy-makers by the increasingly broad nature of Free Trade Agreements (FTAs). Throughout the book the author demonstrates the importance of domestic politics in understanding the nature and outcome of international negotiations, particularly as they relate to international economic diplomacy.

The book looks in detail at the intellectual property negotiations which formed part of the US-Peru and US-Colombia Free Trade Agreements and analyses the extent to which public health authorities and other parties affected by the increased levels of intellectual property protection were integrated into the negotiation process. The book then juxtaposes these findings with an analysis of the domestic origins of US negotiation objectives in the field of intellectual property, paying particular attention to the role of the private sector in the development of these objectives. Based on a substantial amount of empirical research, including approximately 100 interviews with negotiators, capital based policy-makers, private sector representatives, and civil society organisations in Lima, Bogotá and Washington, DC, this book offers a rare account of different stakeholders’ perceptions of the FTA negotiation process. Ultimately, the book succeeds in integrating the study of domestic politics with that of international negotiations.

This book will be of particular interest to academics as well as practitioners and students in the fields of international law, economic law, intellectual property, political economy, international relations, comparative politics and government.

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