Law and Development Perspective on International Trade Law

doi:10.1017/CBO9780511994715

Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-viii
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About the Editors and Authors
pp ix-xii
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Acknowledgments
pp xiii-xiv
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Law and development perspective on international trade law
pp xv-xvi
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Introduction
pp 1-4
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Part I - Developing Countries and International Trade
pp 5-6
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1 - Law and Development for Least Developed Countries
pp 7-28
Theoretical Basis and Regulatory Framework for Microtrade
- By Yong-Shik Lee, Law and Development Institute
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2 - Development Disputes in International Trade
pp 29-48
- By Tomer Broude, Hebrew University of Jerusalem
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3 - Intellectual Property Rights, Trade, and Economic Development
pp 49-80
- By Bryan Mercurio, Chinese University of Hong Kong Law School
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4 - Trade, Border Security, and Development
pp 81-102
- By Maureen Irish, University of Windsor, Canada
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Part II - Law and Development in the World Trade Organization
pp 103-104
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5 - World Trade Organization and Developing Countries
pp 105-129
Reform Proposal
- By Yong-Shik Lee, Law and Development Institute
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6 - Rediscovering the Role of Developing Countries in the GATT
pp 130-160
- By Faizel Ismail, WTO
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7 - WTO Dispute Settlement from the Perspective of Developing Countries
pp 161-178
- By Gary N. Horlick, Katherine Fennell, Georgetown University Law Center
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8 - Pacific Countries in the WTO
pp 179-222
Accession and Accommodation, the Reality of WTO Accession
- By Andrew D. Mitchell, Melbourne Law School of the University of Melbourne, Joanne Wallis, Supreme Court of Victoria and High Court of Australia
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Part III - Law and Development in Free Trade Agreements
pp 223-224
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9 - North–South Regional Trade Agreements
pp 225-245
Prospects, Risks, and Legal Regulation
- By Moshe Hirsch, Hebrew University of Jerusalem
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10 - Free Trade Agreements
pp 246-276
WTO Disciplines and Development Perspectives
- By Mitsuo Matsushita, University of Tokyo, Yong-Shik Lee, Law and Development Institute
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11 - Developing Countries, Trade, and Human Rights
pp 277-296
Free Trade Agreements, Development Needs, and the European Union's Generalized System of Preferences
- By Anthony E. Cassimatis, TC Beirne School of Law
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12 - Free Trade Agreements and Foreign Direct Investment
pp 297-314
A Viable Answer for Economic Development?
- By Yong-Shik Lee, Law and Development Institute
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Part IV - Law and Development in Regional Initiatives
pp 315-316
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13 - Islands of Prosperity and Poverty
pp 317-333
A Rational Trade Development Policy for Economically Heterogeneous States
- By Colin B. Picker, University of New South Wales
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14 - Trade Preferences and Economic Growth
pp 334-355
An Assessment of the U.S. GSP Schemes in the Context of Least Developed Countries
- By Caf Dowlah, City University of New York
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15 - Economic Development of North Korea
pp 356-375
Call for International Trade-Based Development Policy and Legal Reform
- By Yong-Shik Lee, Law and Development Institute, Young-Ok Kim, Washington University School of Law, Hye Seong Mun, Law and Development Institute
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16 - Applying the “Specificity” Test in Countervailing Duty Cases in the Context of China's Foreign Investment Policies
pp 376-394
- By Xiaojie Lu, Tsinghua University Law School, China
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17 - Nonconclusions
pp 395-402
- By Gary N. Horlick
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Epilogue
pp 403-404
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Index
pp 405-442
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