- Table View
- List View
The Wrong Side of Goodbye (Harry Bosch Series #19)
by Michael ConnellyOnly Harry Bosch can uncover LA's darkest secrets in this new gripping thriller from global bestseller Michael Connelly.'What do you want me to do?' Bosch asked again.'I want you to find someone for me,' Vance said. 'Someone who might not have ever existed.'Harry Bosch is working as a part-time detective in the town of San Fernando outside of Los Angeles, when he gets the invitation to meet with the ageing aviation billionaire Whitney Vance. When he was eighteen Vance had a relationship with a Mexican girl called Vibiana Duarte, but soon after becoming pregnant she disappeared.Now, as he reaches the end of his life, Vance wants to know what happened to Vibiana and whether there is an heir to his vast fortune. And Bosch is the only person he trusts to undertake the assignment.Harry's aware that with such sums of money involved, this could be a dangerous undertaking - not just for himself, but for the person he's looking for - but as he begins to uncover Vibiana's tragic story, and finds uncanny links to his own past, he knows he cannot rest until he finds the truth.
Wrongdoing and the Moral Emotions
by Derk PereboomWrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity.
Wrongdoing and the Moral Emotions
by Derk PereboomWrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity.
Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-familial Child Sexual Assaults
by Matthew Barry JohnsonIn Wrongful Conviction in Sexual Assault, Matthew Barry Johnson introduces new directions in wrongful conviction research and understanding. Citing Innocence Project and National Registry of Exoneration data, the book identifies sexual assault as the predominant offense type associated with confirmed wrongful convictions in the US. Johnson outlines the differential risk of wrongful conviction associated with stranger rape, acquaintance rape, and intra-familial child sexual abuse. He also introduces new terms and concepts such as "black box" investigation, illustrating the lack of transparency in the production of prosecution evidence; a four-part stranger rape thesis; and the "moral outrage - moral correction" process that results in cognitive and emotional factors that interfere with the evaluation of criminal evidence. The book also includes chapters on racial bias in rape prosecution, and the relationship of serial sex offending to wrongful conviction. Citing both foundational and newly-introduced conviction research, Johnson illustrates unexamined aspects of well-known wrongful conviction cases (i.e. The Central Park Five, Steve Avery, Ronald Cotton, The Norfolk Four) and presents the lessons from lesser known wrongful convictions. Wrongful Conviction in Sexual Assault provides valuable new perspectives and insight for psychologists, defense lawyers, prosecutors, crime investigators, and social justice scholars.
Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-familial Child Sexual Assaults
by Matthew Barry JohnsonIn Wrongful Conviction in Sexual Assault, Matthew Barry Johnson introduces new directions in wrongful conviction research and understanding. Citing Innocence Project and National Registry of Exoneration data, the book identifies sexual assault as the predominant offense type associated with confirmed wrongful convictions in the US. Johnson outlines the differential risk of wrongful conviction associated with stranger rape, acquaintance rape, and intra-familial child sexual abuse. He also introduces new terms and concepts such as "black box" investigation, illustrating the lack of transparency in the production of prosecution evidence; a four-part stranger rape thesis; and the "moral outrage - moral correction" process that results in cognitive and emotional factors that interfere with the evaluation of criminal evidence. The book also includes chapters on racial bias in rape prosecution, and the relationship of serial sex offending to wrongful conviction. Citing both foundational and newly-introduced conviction research, Johnson illustrates unexamined aspects of well-known wrongful conviction cases (i.e. The Central Park Five, Steve Avery, Ronald Cotton, The Norfolk Four) and presents the lessons from lesser known wrongful convictions. Wrongful Conviction in Sexual Assault provides valuable new perspectives and insight for psychologists, defense lawyers, prosecutors, crime investigators, and social justice scholars.
Wrongful Convictions and Forensic Science Errors: Case Studies and Root Causes
by John MorganForensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense—especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a thorough analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.
Wrongful Convictions and Forensic Science Errors: Case Studies and Root Causes
by John MorganForensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense—especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a thorough analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.
Wrongful Convictions in China: Comparative and Empirical Perspectives
by Na JiangThe primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.
Wrongful Enrichment: A Study in Comparative Law and Culture (International Studies in the Theory of Private Law)
by Nahel AsfourThis book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Wrongful Enrichment: A Study in Comparative Law and Culture (International Studies in the Theory of Private Law)
by Nahel AsfourThis book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Wrongful Imprisonment: Mistaken Convictions and their Consequences (Routledge Revivals)
by Ruth Brandon Christie DaviesFirst published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and – most important – interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law and sociology, or to lawyers, policemen, criminals, and others involved in the system of criminal justice, but also to the man in the Wormwood Scrubs omnibus.
Wrongful Imprisonment: Mistaken Convictions and their Consequences (Routledge Revivals)
by Ruth Brandon Christie DaviesFirst published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and – most important – interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law and sociology, or to lawyers, policemen, criminals, and others involved in the system of criminal justice, but also to the man in the Wormwood Scrubs omnibus.
Wrongs and Crimes (Criminalization)
by Victor TadrosThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
Wrongs and Crimes (Criminalization)
by Victor TadrosThe Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
Wrongs, Harms, and Compensation: Paying for our Mistakes (Oxford Private Law Theory)
by Adam SlavnyNon-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.
Wrongs, Harms, and Compensation: Paying for our Mistakes (Oxford Private Law Theory)
by Adam SlavnyNon-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.
The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary (Oxford Commentaries on International Law)
by Lukasz GruszczynskiThe 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate. The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countries The commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).
The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary (Oxford Commentaries on International Law)
by Lukasz GruszczynskiThe 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate. The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countries The commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).
The WTO Agreement On Trade-related Aspects Of Intellectual Property Rights: A Commentary (Elgar Commentaries Ser. (PDF))
by Justin Malbon Charles Lawson Mark DavisonThis Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS - a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters. This reference book is a major authoritative work that is clearly organised and presented, allowing users to navigate quickly to commentary on any element of TRIPS. The book begins with a context-setting section, providing guidance on interpreting TRIPS. It considers the salient elements of the Vienna Convention on the Law of Treaties, the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, and the preamble to the Agreement Establishing the WTO. The book then follows the seven part structure of TRIPS, and provides an article-by-article analysis of each of its 73 provisions and specifically addresses the interpretation of key phrases in each article. An essential resource for practitioners and scholars, this detailed and exhaustive volume will also prove invaluable to academics and students of intellectual property law, international law and trade law. It is a first point of reference for anyone needing to know more about TRIPS.
The WTO, Agriculture and Sustainable Development
by Heinrich Wohlmeyer Theodor QuendlerDespite the Doha declaration of November 2001, the failure to start a new round of global trade negotiations at Seattle in December 1999 and the hostility of protesters to the trade liberalization process and growing global economic and social disparities was a wake-up call for the World Trade Organisation (WTO). The ambitious goal of this ground-breaking book is to identify the strengths and weaknesses of liberalized world trade, in particular in the agricultural sector, and to investigate to what extent the current WTO agreements provide the necessary fail-safe devices to react to trade-related negative impacts on sustainability, environmental protection and food security. The background and interrelationship between the WTO, the tenets of sustainable development and the unique features of the agriculture and forestry sectors are explored, and conclusions regarding the deficits of the world trade system and its conflicts with basic societal goals – such as sustainability – are drawn. Agriculture and forestry have a particular affinity with what the authors call "strong sustainability" and are to be among the major agenda items in forthcoming WTO negotiations. The book proposes that sustainable agricultural production techniques such as integrated and organic farming provide a series of related services to community and environment which could be severely prejudiced by wholesale trade liberalization and the imposition of the large-scale production methods of the mega-trade giants of the USA and Europe. And yet the concept of sustainability is referred to only tangentially in the existing WTO agenda. The WTO, Agriculture and Sustainable Development argues that, without a formal recognition of this failing, the premise that free trade is inherently advantageous for all countries is a falsehood. Further, unfettered liberalization is unsustainable and a social and environmental multilateral framework must be agreed to reinterpret or adapt a host of WTO regulations that are at odds with sustainable development. The core problem is that, under the current system, import duties can only be differentiated by direct goods and services and not by their means of production – sustainable or otherwise. Therefore, a range of environmental policy measures in the agricultural sector, such as the consideration of product life-cycles, the internalization of external costs and a coupling of trade liberalization with ecological obligations are proposed by the authors. In addition, they argue that unsustainable economic short-termism must be curbed and the use of the stick of trade sanctions and the carrot of financial benefits for good environmental performance be permitted to promote sustainable agricultural practices. This book will contribute greatly in addressing the lack of basic theoretical arguments at the intersection between trade and sustainable development – a failing that has already been bemoaned by trade policy-makers. It is highly recommended reading for all those involved or interested in the WTO negotiations, whether from multilateral organizations, governments, industry or civil society.
The WTO, Agriculture and Sustainable Development
by Heinrich Wohlmeyer Theodor QuendlerDespite the Doha declaration of November 2001, the failure to start a new round of global trade negotiations at Seattle in December 1999 and the hostility of protesters to the trade liberalization process and growing global economic and social disparities was a wake-up call for the World Trade Organisation (WTO). The ambitious goal of this ground-breaking book is to identify the strengths and weaknesses of liberalized world trade, in particular in the agricultural sector, and to investigate to what extent the current WTO agreements provide the necessary fail-safe devices to react to trade-related negative impacts on sustainability, environmental protection and food security. The background and interrelationship between the WTO, the tenets of sustainable development and the unique features of the agriculture and forestry sectors are explored, and conclusions regarding the deficits of the world trade system and its conflicts with basic societal goals – such as sustainability – are drawn. Agriculture and forestry have a particular affinity with what the authors call "strong sustainability" and are to be among the major agenda items in forthcoming WTO negotiations. The book proposes that sustainable agricultural production techniques such as integrated and organic farming provide a series of related services to community and environment which could be severely prejudiced by wholesale trade liberalization and the imposition of the large-scale production methods of the mega-trade giants of the USA and Europe. And yet the concept of sustainability is referred to only tangentially in the existing WTO agenda. The WTO, Agriculture and Sustainable Development argues that, without a formal recognition of this failing, the premise that free trade is inherently advantageous for all countries is a falsehood. Further, unfettered liberalization is unsustainable and a social and environmental multilateral framework must be agreed to reinterpret or adapt a host of WTO regulations that are at odds with sustainable development. The core problem is that, under the current system, import duties can only be differentiated by direct goods and services and not by their means of production – sustainable or otherwise. Therefore, a range of environmental policy measures in the agricultural sector, such as the consideration of product life-cycles, the internalization of external costs and a coupling of trade liberalization with ecological obligations are proposed by the authors. In addition, they argue that unsustainable economic short-termism must be curbed and the use of the stick of trade sanctions and the carrot of financial benefits for good environmental performance be permitted to promote sustainable agricultural practices. This book will contribute greatly in addressing the lack of basic theoretical arguments at the intersection between trade and sustainable development – a failing that has already been bemoaned by trade policy-makers. It is highly recommended reading for all those involved or interested in the WTO negotiations, whether from multilateral organizations, governments, industry or civil society.
The WTO and Infant Industry Promotion in Developing Countries: Perspectives on the Chinese Large Civil Aircraft (Routledge Research in International Economic Law)
by Juan HeThe charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries’ industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.
The WTO and Infant Industry Promotion in Developing Countries: Perspectives on the Chinese Large Civil Aircraft (Routledge Research in International Economic Law)
by Juan HeThe charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries’ industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.
The WTO and the New Generation EU FTA Dispute Settlement Mechanisms: Interacting in a Fragmented and Changing International Trade Law Regime (European Yearbook of International Economic Law #19)
by Cornelia FurculițăThis book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
WTO Dispute Settlement at Twenty: Insiders’ Reflections on India’s Participation
by Abhijit Das James J. NedumparaThis book focuses on India’s participation in the WTO dispute settlement system, at a time when India has emerged as one of the most successful and prominent users of WTO dispute settlement among the developing countries. It offers a unique collection of perspectives from insiders – legal practitioners, policymakers, industry representatives and academics – on India’s participation in the system since its creation in 1995. Presenting in-depth analyses of substantive issues, the book shares rare insights into the jurisprudential significance, political economy contexts and capacity-building challenges faced by India. It closely examines India’s approach in effectively participating in the WTO’s dispute settlement mechanism including the framing of litigation strategies, developing legal and stakeholder infrastructure, implementing dispute settlement decisions, and the impacts of the findings of the WTO panels / Appellate Body on domestic policymaking and India’s long-term trade interests. In addition to discussing the key “classic” jurisprudential issues, the book also explores domestic regulatory and policy issues, complemented by selected case studies.