Suchergebnisse

Intro -- Contents -- Preface -- 1. Introduction: A Social Scientific Approach to International Law -- 2. Jurisdiction -- 3. Customary International Law -- 4. Treaty -- 5. International Organization -- 6. Interfunctional Linkage and Fragmentation -- 7. International Adjudication -- Afterword -- Notes -- Index.

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 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 -- 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" -- The WTO cathedral -- Jurisdiction in WTO dispute settlement -- Negotiations on domestic regulation and trade in services in the Doha development agenda -- Toward open recognition : standardization and regional integration under article XXIV of GATT

ABSTRACT
Platforms constitute a novel context for social interaction. Physical distance makes little to no difference to interaction, and so the frequency and intensity of cross-territorial border interaction grow dramatically. This growth in interaction will be globalization on steroids. Platforms increase both collision among national rules (jurisdictional collision) and collision at the international level among functional rules (fragmentation). Revised normative and organizational tools will be needed to manage the increased globalization and fragmentation resulting from the rise of platform commerce. These tools may include modifications and extensions of existing rules of trade law, but they will embrace other areas of regulation in a much more nuanced manner than has been necessary until now. The existing fragmentation or 'siloed' nature of our international trade and regulatory systems will need to be modified—lateralized—to allow a more coherent approach.

This chapter offers a perspective on the legal aspects of U.S.-China trade relations, focusing on how the rise of China has challenged U.S. perspectives and principles. There are serious issues raised by the interface between China's state-controlled economy and the U.S. privately-controlled economy. The existing WTO legal rules are not well-designed to manage these issues, resulting in increasing U.S. dissatisfaction. The Chinese economic and governmental structure is different from that of the U.S., and is not fully suited to the WTO free trade regime due to the extent of state control of the economy. In order to provide a level playing field for U.S. and Chinese enterprises, it will be necessary to develop new disciplines of transparency and neutrality in order to ensure that market-opening agreements are not nullified or impaired.

Current military campaigns are not waged solely on the physical battlefield, but in multiple other arenas. One such arena is lawfare: legal activity that supports, undermines, or substitutes for other types of warfare. In today's law-rich environment, with an abundance of legal rules and legal fora, strategists must evaluate the full scope of possible legal argumentation. Lawfare can substitute for warfare where it provides a means to compel specified behavior with fewer costs than kinetic warfare, or even in cases where kinetic warfare would be ineffective. As a result, lawfare can be strategically integrated into military command structures to bring about desired outcomes.