The essays in this collection use interdisciplinary perspectives to investigate issues in international and comparative law, primarily employing theoretical or empirical economics. They demonstrate that the economic analysis of law has much to contribute to the study of international matters, despite the fact that mainstream international legal scholars and economists have had relatively little interaction. The essays take comparative or empirical approaches to explore themes in international trade, trade and the environment, law and development, the political economy of privatization and exchange rate policies, economic theories of international institutional design, immigration policy, comparative bankruptcy, international antitrust, and extraterritorial jurisdiction.
• First systematic collection of its kind investigating comparative and empirical perspectives of international law's economic dimensions • Editors are internationally-known, as are contributors Ronald Cass, Alan Deardorff, Judge Diane Wood, Robert Cooter, and Jonathan Macey • Overview by distinguished Boston University Law School Dean highlights the place of the volume in the field of law and economics
Foreword: Economics and international law Ronald A. Cass; 1. Toward a positive theory of the most favored nation obligation and its exceptions in the WTO/GATT system Warren F. Schwartz and Alan O. Sykes; 2. Comment on 'Toward a positive theory of the most favored nation obligation and its exceptions in the WTO/GATT system' Alan V. Deardorff; 3. The economics of 'injury' in antidumping and countervailing duty cases Alan O. Sykes; 4. The economics of 'injury' in antidumping and countervailing duty cases: a reply to Professor Sykes Ronald A. Cass and Michael S. Knoll; 5. Innovations in support of the unitary injury test in US unfair trade cases Richard D. Boltuck; 6. The fair trade-free trade debate: trade, labour, and the environment Robert Howse and Michael J. Trebilcock; 7. Comment on 'Trade, values and differentiating sanctions' Philip M. Nichols; 8. International conflict and coordination in environmental policies Alan V. Deardorff; 9. The theory of market modernization of law Robert D. Cooter; 10. Comment on 'The theory of market modernization of law' William Kovacic; 11. Toward a positive theory of privatization - lessons from Soviet-type economics Paul B. Stephan III; 12. Comment on 'Toward a positive theory of privatization - lessons from Soviet-type economics' Robert D. Cooter; 13. New stories on exchange-rate policies in transition Enrico Colombatto and Jonathan Macey; 14. Is deposit insurance inevitable? - lessons from Argentina Geoffrey P. Miller; 15. The market for migrants F. H. Buckley; 16. Comment on 'The market for migrants' Wendy Zimmerman; 17. The interplay of liquidation and reorganization in the bankruptcy systems of Canada and the US: the role of screens, gatekeepers, and guillotines George G. Triantis; 18. International political economy approaches to international institutions Duncan Snidal; 19. The trade effects of domestic antitrust enforcement Diane P. Wood; 20. The Hartford Insurance Company case: antitrust in the global economy - welfare effects and sovereignty Alan C. Swan; 21. Recognition of foreign judgements as a trade law issue: the economics of private international law Ronald A. Brand; 22. Externalities and extraterritoriality: the law and economics of prescriptive jurisdiction Joel P. Trachtman.