How did activists create a dynamic broad-based movement during NAFTA negotiations that politicized trade, making it a contentious issue for the first time in history? And how did their NAFTA mobilizat
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.
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.
Contributors to this groundbreaking volume discuss situations in which professional cultures and their interactions color negotiations on issues relating to trade, environment or disarmament. Professi
International debt rescheduling, both in earlier epochs and our present one, has been marked by a flurry of bargaining. In this process, significant variation has emerged over time and across cases in the extent to which debtors have undertaken economic adjustment, banks or bondholders have written down debts, and creditor governments and international organizations have intervened in negotiations. Debt Games develops and applies a situational theory of bargaining to analyze the adjustment undertaken by debtors and the concessions provided by lenders in international debt rescheduling. This approach has two components: a focus on each actor's individual situation, defined by its political and economic bargaining resources, and a complementary focus on changes in their position. The model proves successful in accounting for bargaining outcomes in eighty-four percent of the sixty-one cases, which include all instances of Peruvian and Mexican debt rescheduling over the last one hundred an
For centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade - one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind o
Contrary to charges of religious “dogma,” Christian actors in international politics often wrestle with the lack of a clear path in determining what to do and how to act, especially in situations of violence and when encountering otherness. Lynch argues that it is crucial to recognise the ethical precarity of decision-making and acting. This book contextualizes and examines ethical struggles and justifications that key figures and movements gave during the early modern period of missionary activity in the Americas; in the interwar debates about how to act vis-à-vis fascism, economic oppression and colonialism in a “secular” world; in liberation theology's debates about the use of violence against oppression and bloodshed; and in contemporary Christian humanitarian negotiations of religious pluralism and challenges to the assumptions of western Christianity. Lynch explores how the wrestling with God that took place in each of these periods reveals ethical tensions that continue to impac
The expectation of reciprocity continues to be an important factor when states' consider their legal obligations in armed conflicts. In this monograph, Peeler looks at the text and negotiations around the 1949 Geneva Conventions and the Protocols Additional to the Geneva Conventions from 1977 to demonstrate the many places where international humanitarian law maintains expectations of reciprocity. This complements an examination of US policy regarding its Prisoner of War obligations in both the Vietnam War and the Global War on Terror, demonstrating how states make use of the expectation of reciprocity found in international humanitarian law to respond to continued non-compliance by an enemy.
Contrary to charges of religious “dogma,” Christian actors in international politics often wrestle with the lack of a clear path in determining what to do and how to act, especially in situations of violence and when encountering otherness. Lynch argues that it is crucial to recognise the ethical precarity of decision-making and acting. This book contextualizes and examines ethical struggles and justifications that key figures and movements gave during the early modern period of missionary activity in the Americas; in the interwar debates about how to act vis-à-vis fascism, economic oppression and colonialism in a “secular” world; in liberation theology's debates about the use of violence against oppression and bloodshed; and in contemporary Christian humanitarian negotiations of religious pluralism and challenges to the assumptions of western Christianity. Lynch explores how the wrestling with God that took place in each of these periods reveals ethical tensions that continue to impac
This business history analyzes the connections between private business, disarmament, and re-armament as they affected arms procurement and military technology transfers in Eastern Europe from 1919 to 1939. Rather than focusing on the negotiations or the political problems involved with the Disarmament Conferences, this study concerns itself with the business effects of the disarmament discussions. Accordingly, Schneider-Creusot, Škoda, Vickers, and their respective business activities in Eastern European markets serve as the chief subjects for this book, and the core primary sources relied upon include their unpublished corporate archival documents. Shifting the scope of analysis to consider the business dimension allows for a fresh appraisal of the linkages between the arms trade, disarmament, and re-armament. The business approach also explodes the myth of the 'merchants of death' from the inside. It concludes by tracing the armaments business between 1939 and 1941 as it transitione
This business history analyzes the connections between private business, disarmament, and re-armament as they affected arms procurement and military technology transfers in Eastern Europe from 1919 to 1939. Rather than focusing on the negotiations or the political problems involved with the Disarmament Conferences, this study concerns itself with the business effects of the disarmament discussions. Accordingly, Schneider-Creusot, Škoda, Vickers, and their respective business activities in Eastern European markets serve as the chief subjects for this book, and the core primary sources relied upon include their unpublished corporate archival documents. Shifting the scope of analysis to consider the business dimension allows for a fresh appraisal of the linkages between the arms trade, disarmament, and re-armament. The business approach also explodes the myth of the 'merchants of death' from the inside. It concludes by tracing the armaments business between 1939 and 1941 as it transitione
This is a groundbreaking analysis of China's territorial disputes, exploring the successes and failures of negotiations that have taken place between its three neighbours, namely India, Japan and Russ
The expectation of reciprocity continues to be an important factor when states' consider their legal obligations in armed conflicts. In this monograph, Peeler looks at the text and negotiations around the 1949 Geneva Conventions and the Protocols Additional to the Geneva Conventions from 1977 to demonstrate the many places where international humanitarian law maintains expectations of reciprocity. This complements an examination of US policy regarding its Prisoner of War obligations in both the Vietnam War and the Global War on Terror, demonstrating how states make use of the expectation of reciprocity found in international humanitarian law to respond to continued non-compliance by an enemy.
In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and acad
In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and acad
Based on the real-life business experiences of the authors' international clients, this updated book addresses such issues as cross-cultural presentations, overseas negotiations, and communicating ac
This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corre
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corre
After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.