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European Yearbook of International Economic Law 2016

  • Book
  • © 2016

Overview

Editors:
  1. Marc Bungenberg

    1. Chair for Public Law, International and European Law, Saarland University, Saarbrücken, Germany

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  2. Christoph Herrmann

    1. Faculty of Law, University of Passau , Passau, Germany

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  3. Markus Krajewski

    1. Chair for Public Law and International Law, University of Erlangen-Nürnberg Faculty of Law, Erlangen, Germany

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  4. Jörg Philipp Terhechte

    1. Competition and Regulation Institute, Leuphana University of Lüneburg, Lüneburg, Germany

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  • collection of critical essays addressing all contested aspects of international
  • Additional comments “criticising the critics”
  • Insights on recent regional developments such as TTIP, TPP and TiSA
  • Includes supplementary material: sn.pub/extras

Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 7)

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Table of contents (40 chapters)

  1. Front Matter

    Pages i-xxxii
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  2. Topics: Critical Perspectives on International Economic Law

    1. Front Matter

      Pages 1-1
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    2. Critical Theory and Practice in International Economic Law and the New Global Governance

      • Sol Picciotto
      Pages 3-22

    3. Global Constitutionalism and International Economic Law: The Case of International Investment Law

      • David Schneiderman
      Pages 23-43

    4. From Fragmentation to Constitutionalisation of International Economic Law? Comments on Schneiderman’s ‘Constitutionalism’

      • Ernst-Ulrich Petersmann
      Pages 45-66

    5. Trade in Agricultural Products: Should Developing Countries Give Up on the WTO Promise for a Fair and Market-Oriented Agricultural Trading System? A Historical and Theoretical Analysis

      • Melaku Geboye Desta
      Pages 67-102

    6. Agricultural Trade: How Bad Is the WTO for Development?

      • Christian Häberli
      Pages 103-117

    7. From GATS to TiSA: Pushing the Trade in Services Regime Beyond the Limits

      • Jane Kelsey
      Pages 119-151

    8. Trade in Services and Regulatory Flexibility: 20 Years of GATS, 20 Years of Critique

      • Panagiotis Delimatsis
      Pages 153-173

    9. The Current System of Trade and Intellectual Property Rights

      • Carlos M. Correa
      Pages 175-197

    10. The Current System of Intellectual Property Rights Aims to Promote Trade and Not Innovation

      • Nuno Pires de Carvalho
      Pages 199-208

    11. International Investment Law as Development Law: The Obsolescence of a Fraudulent System

      • Muthucumaraswamy Sornarajah
      Pages 209-231

    12. Be Careful with What You Wish: Saving Developing Countries from Development and the Risk of Overlooking the Importance of a Multilateral Rule-Based System on Investment in the Twenty-First Century

      • Roberto Echandi
      Pages 233-271

    13. Investor-State Dispute Settlement: Conflict, Convergence, and Future Directions

      • Kate Miles
      Pages 273-308

    14. In Defense of International Investment Law

      • Stephan W. Schill
      Pages 309-341

    15. Shifting Sands: Interrogating the Problematic Relationship Between International Public Finance and International Financial Regulation

      • Celine Tan
      Pages 343-375

    16. Problematic Relationships: Why International Economic Law Is Sometimes More Complicated Than It Appears

      • Christian Tietje
      Pages 377-389

    17. Regulating Multinational Enterprises

      • Peter Muchlinski
      Pages 391-421

    18. Horizontal Effect of Human Rights in the Era of Transnational Constellations: On the Accountability of Private Actors for Human Rights Violations

      • Ibrahim Kanalan
      Pages 423-460

    19. Human Rights and International Economic Law

      • Sarah Joseph
      Pages 461-484
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Keywords

About this book

Volume 7 of the EYIEL focusses on critical perspectives of international economic law. Recent protests against free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) remind us that international economic law has always been a politically and legally contested field. This volume collects critical contributions on trade, investment, financial and other subfields of international economic law from scholars who have shaped this debate for many years. The critical contributions to this volume are challenged and sometimes rejected by commentators who have been invited to be “critical with the critics”. The result is a unique collection of critical essays accompanied by alternative and competing views on some of the most fundamental topics of international economic law.

In its section on regional developments, EYIEL 7 addresses recent megaregional and plurilateral trade and investment agreements and negotiations. Short insights on various aspects of the Transpacific Partnership (TPP) and its sister TTIP are complemented with comments on other developments, including the African Tripartite FTA und the negotiations on a plurilateral Trade in Services Agreement (TiSA). Further sections address recent WTO and investment case law as well as recent developments concerning the IMF, UNCTAD and the WCO. The volume closes with reviews of recent books in international economic law.

Editors and Affiliations

  • Chair for Public Law, International and European Law, Saarland University, Saarbrücken, Germany

    Marc Bungenberg

  • Faculty of Law, University of Passau , Passau, Germany

    Christoph Herrmann

  • Chair for Public Law and International Law, University of Erlangen-Nürnberg Faculty of Law, Erlangen, Germany

    Markus Krajewski

  • Competition and Regulation Institute, Leuphana University of Lüneburg, Lüneburg, Germany

    Jörg Philipp Terhechte

Bibliographic Information

  • Book Title: European Yearbook of International Economic Law 2016

  • Editors: Marc Bungenberg, Christoph Herrmann, Markus Krajewski, Jörg Philipp Terhechte

  • Series Title: European Yearbook of International Economic Law

  • DOI: https://doi.org/10.1007/978-3-319-29215-1

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer Nature Switzerland AG 2016

  • Hardcover ISBN: 978-3-319-29214-4Published: 29 July 2016

  • Softcover ISBN: 978-3-319-80516-0Published: 30 May 2018

  • eBook ISBN: 978-3-319-29215-1Published: 16 July 2016

  • Series ISSN: 2364-8392

  • Series E-ISSN: 2364-8406

  • Edition Number: 1

  • Number of Pages: XXXII, 838

  • Number of Illustrations: 6 illustrations in colour

  • Topics: International Economic Law, Trade Law, International Economics

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