International Economic Law and Governance Essays in Honour of Mitsuo Matsushita 1st Edition by Julien Chaisse, Tsai yu Lin 0198778252 9780198778257

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ISBN 10: 0198778252 

ISBN 13: 9780198778257

Author: Julien Chaisse, Tsai-yu Lin

Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country’s international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita’s intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita’s scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.

Table of contents:

1. Introduction: A Liber Amicorum to Celebrate Mitsuo Matsushita’s Contributions to International Economic Law

Part I: Rules-Based International Dispute Settlement

2. The WTO Dispute Settlement System: Dealing with Success

3. The Dispute Settlement System of the WTO: A Bright Picture with a Few Dark Spots

4. The Scope of Regulatory Autonomy of WTO Members under Article III:4 of the GATT: A Critical Analysis of the Jurisprudence of the WTO Appellate Body

5. How to Reconcile Health Law and Economic Law with Human Rights? Looking for Hercules in the WTO Appellate Body

6. The WTO Jurisprudence of Article XX(g) and the Conservation of Natural Resources

7. Balancing Investment Protection and Other Public Policy Goals: Lessons from WTO Jurisprudence

8. Trade Law and the Vienna Treaty Convention’s Systemic Integration Clause

9. When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence

10. Taming Investor–State Arbitration?

11. The Limits of Legalization in Asia-Pacific Investment Treaty Arbitration?

Part II: Normative Influences to and from WTO Law

12. The Interplay between the G20 and the WTO: Informal Law-making in Action

13. Unfinished Business: Competition Law and the WTO

14. Competition Law in Emerging Markets: The Virtue of Regulatory Diversity

15. Untangling the Triangle: Issues for State-controlled Entities in Trade, Investment, and Competition Law

16. In Search of Coherence: Navigating the WTO in the Universe of International Law

17. Natural Resources and the Rules of the Multilateral Trading System: A Sustainable Development Perspective

18. Facilitating Coherent Application of WTO Law Within and Outside the Organization: Investment Regime as an Example

19. Reinterpretation of the National Treatment Principle: Making International Economic Law a Friend of Global Governance of Environmental Protection

20. The Soft Law Approach to Regulatory Harmonization: Are We Trading Away Privacy for Economic Integration?

Part III: Issues in the Policy- and Law-Making Process

21. Members Only: Embracing Diversity in the WTO

22. TTIP and the Post-Bali WTO: Towards a New World Trade Order?

23. Regulatory Co-operation and Regulatory Coherence through Mega-FTAs: Possibilities and Challenges

24. Rise of the Plurilaterals: Threat or Opportunity for Multilateral Trade Governance

25. Trade in Pharmaceuticals: Patents and Access to Medicines since TRIPS—Some Certainty and Several Lingering Questions

26. Trans-Pacific Partnership Intellectual Property Controversies

27. Interdependence and the WTO Agreement as a ‘Contractual Constitution’

28. Bridging Global and Regional Governance of International Trade

29. Decision making in the WTO: From Negotiated Law-making to Judicial Law-making

30. Legal Development of WTO Trade Remedy Practices in East Asia

31. A Managerial Approach to Secure Compliance with the SPS Agreement

32. Conclusion: Some Thoughts on the WTO’s Next Twenty Years

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Tags: Julien Chaisse, Tsai yu Lin, International, Governance