Since 1988, when the EC Commission issued its proposal for a Second Banking Directive containing the infamous reciprocity clause, the subject of the external dimension of the European internal market has figured high on the agenda of both political and academic discussions of the future of Europe. The criticism that the EC is constructing a "European Fortress" may have abated, but numerous questions continue to be raised about the EC's external trade policies. This book complements existing works on the relationship between the internal market and international trade by providing, for the first time, a systematic legal analysis of the external dimension of various instruments aimed at completing the internal market. Although intended to be a contribution to the academic analysis of this subject, this work deals with many topical and concrete policies such as the EC/Japan automobile arrangement, the Common Market organization for bananas, CoCom export controls, bilateral aviation agreements, and public procurement. It will be of equal use to practicing lawyers, EC officials, and scholars of EC law.
Market-based environmental policy analysis requires taking into account all the institutional factors necessary for the market to function optimally, as well as the social forces that shape a final policy design. This book sheds light on the institutional history of the emissions trading concept as it has evolved across different contexts. Diplomats, policy experts, academics, and the carbon trading industry currently have a monopoly of knowledge about the intricacies of developing and implementing emission trading systems (ETS) for environmental control. This book seeks to weaken that monopoly. It makes accessible the policy design and practical implementation aspects of a key tool for fighting climate change. Blas Perez Henriquez analyzes past market-based environmental programs to extract lesions for the future of ETS. He follows the development of the emissions trading concept as it evolved in the United States and was later applied in the multinational European Emissions Trading System and in subnational programs in the United States such as the Regional Greenhouse Gas Initiative (REGI). This ex-post evaluation of an ETS as it evolves in real time in the real world provides a valuable supplement to what is already known from theoretical arguments and simulation studies about the advantages and disadvantages of the market strategy. Political cycles and political debate over the use of markets for environmental control make any form of climate policy extremely contentious. Henriquez argues that, despite ideological disagreements, the ETS approach, or, more popularly, 'cap-and-trade' policy design, remains the best hope for a cost-effective policy to reduce GHG emissions around the world.
Discussion of trade barriers has come round - inevitably it seems - to national regimes of regulatory protection. Indeed, state regulation has the potential to undermine the very legitimacy of the global trading system. A compelling reconciliation between these two paramount values is essential. This text has a twofold purpose: to consider what has so far been accomplished in this mission in the field of international economic law, and to prescribe some solutions to continuing problems. This latter endeavour amounts to a coherent and integrated plan that will enhance the acceptability of free markets to governments, traders, and other stakeholders alike. The challenges analysed in depth here include: the development in the global trade regime of non-trade policy objectives, which still tend to be treated as mere exceptions to general obligations; the built-in emphasis on products rather than measures; the novel risks associated with the development of modern technology; the case-by-case approach of WTO jurisprudence, which generally fails to investigate whether the substance of any given domestic regulation is necessary to the policy goals of the state in question; and the "technical and economic feasibility" of complying with international trade obligations. The author conducts his analysis in a broad context encompassing the WTO system, the European Union, and the North American Free Trade Agreement. He finds that the clash, despite the particular institutional characteristics of these various organizations, is a major concern of them all. The jus gentium of international trade, he offers, is an imperative combining the good faith principle with the communitarian duty to cooperate. Exactly how to go about ordering this imperative is what this book is about.
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.
Since the US stock market crashed on October 19, 1987, many studies have been conducted to learn from this experience in the hopes of avoiding a similarly adverse future fall. The book, originally published as a special issue of the Journal of Financial Services Research, considers some of the important policy adjustments that have been implemented in the wake of the 1987 crash. Taken separately and together, these five papers offer a synthesis and summary of the most important policy innovations that have evolved since the largest single-day decline in stock market history.
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