Trade Law, Domestic Regulation and Development by Joel P Trachtman

Trade Law, Domestic Regulation and Development

byJoel P Trachtman

Kobo ebook | April 8, 2015

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Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development.

In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, "The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune."

Errata (24 KB)


  • Introduction

  • Trade Law and Domestic Regulation:

    • Philippines — Taxes on Distilled Spirits: Like Products and Market Definition (with Damien Neven)
    • Brazil — Measures Affecting Imports of Retreaded Tyres: A Balancing Act (with Chad P Bown)
    • Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation (with Bernard Hoekman)
    • Embedding Mutual Recognition at the WTO
    • Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009 (with Kamal Saggi)
    • Canada–Wheat: Discrimination, Non-Commercial Considerations, and the Right to Regulate Through State Trading Enterprises (with Bernard Hoekman)
    • Regulatory Jurisdiction and the WTO
    • The World Trading System, the International Legal System and Multilevel Choice
  • Trade Law and Development:

    • Incorporating Development among Diverse Members
    • Doing Justice: The Economics and Politics of International Distributive Justice
    • The WTO and Development Policy in China and India
    • Legal Aspects of a Poverty Agenda at the WTO: Trade Law and 'Global Apartheid'
  • Systemic Concerns Regarding WTO Law:

    • The WTO Cathedral
    • Jurisdiction in WTO Dispute Settlement
    • Negotiations on Domestic Regulation and Trade in Services (GATS Article VI): A Legal Analysis of Selected Current Issues
    • Toward Open Recognition? Standardization and Regional Integration under Article XXIV of GATT

Readership: Advanced postgraduate students in law taking modules in international trade and developmental economics, and also vice versa.
Key Features:

  • Provides a unique economic analysis of legal problems of globalization
  • Examines the problem of the "right to regulate" in detail
  • Explains the relationship between trade liberalization and development
Title:Trade Law, Domestic Regulation and DevelopmentFormat:Kobo ebookPublished:April 8, 2015Publisher:World Scientific Publishing CompanyLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:9814635731

ISBN - 13:9789814635738

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