Regional and Global Regulation of International Trade

Francis Snyder

• Publisher: Hart Publishing
• Year: 2002
• Print ISBN:
  9781841132181
• Edition: 1
• eBook ISBN:
  9781847311986
• Topic: Law
• Subtopic: International Trade Law
• Index: Law

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 globalisation 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 maximisation arising from free trade. This will come from the gradual development of global forms of political discourse and law–making, challenging State constitutionalism and requiring some of the instruments and theories of constitutionalism.

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. They help to identify this political arena, who governs it, and according to which rules, and identify the different institutional alternatives in that global political arena.

Table of contents

• Half Title Page
• Half Title verso
• Title Page
• Title verso
• Contents
• List of Contributors
• Table of Cases
• Table of Legislation
• 1. Governing Economic Globalisation: Global Legal Pluralism and EU Law
• 2. The Constitution of the Global Market
• 3. North American Economic Integration: Implications for the WTO, the EU and Asia
• 4. Establishing the Rules of the Game: Domestic Structures and Unfair Trade Instruments
• 5. Indian Foreign Policy on the Threshold of the Twenty-first Century
• 6. Courts and Regional Integration
• 7. China's Economic Development and the WTO Membership Issue: Stakes and Strategies
• 8. The WTO as the Legal Foundation of International Commercial Relations: Current Status and Options for the Next Decade
• 9. Global and Regional Regulatory Changes of Foreign Direct Investment: Challenges and Opportunities for the ASEAN in the Wake of the Recent Turmoil
• 10. The Compatibility of the Chinese Anti-Dumping Regulations with the WTO Anti-Dumping Agreement
• 11. China's Trade Policy and its Implications
• 12. Regionalism, Open Regionalism and Article XXIV GATT: Conflicts and Harmony
• 13. Economic Law Reform Dealing With the Asian Financial Turmoil
• Index