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Trade and Competition Law in the EU and Beyond
This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
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Critical Acclaim
Contributors
Contents
More Information
This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
Written from an international perspective, hotly debated topics include: challenges in international monetary law; the EU and free trade; treaty interpretation; WTO dispute settlement; the domestic law effect of the WTO in the EU and public and private enforcement of competition law, amongst many others.
Set out to become a key work of reference for many legal practitioners, policy makers and academics alike across the globe, Trade and Competition Law in the EU and Beyond uniquely tackles the two very different, yet related, topics of trade and competition law.
Written from an international perspective, hotly debated topics include: challenges in international monetary law; the EU and free trade; treaty interpretation; WTO dispute settlement; the domestic law effect of the WTO in the EU and public and private enforcement of competition law, amongst many others.
Set out to become a key work of reference for many legal practitioners, policy makers and academics alike across the globe, Trade and Competition Law in the EU and Beyond uniquely tackles the two very different, yet related, topics of trade and competition law.
Critical Acclaim
‘Trade and Competition Law in the EU and Beyond is a remarkable collection of scholarly contributions of relevance to academics, practitioners and officials interested not only in rules governing international trade and competition, but also in international economic law in general. The authorship is diversified, representing views of commentators from many countries, and the focus of individual contributions is not only on law de lege lata but also de lege ferenda greatly adding to the volume’s value and its input in the ongoing academic discourse.’
– Marek Martyniszyn, International Trade Law and Regulation
– Marek Martyniszyn, International Trade Law and Regulation
Contributors
Contributors: S.D. Amarasinha, L. Armati, W. Bishop, H. Bourgeois, M. Bronckers, T. Cottier, W.J. Davey, P. De Baere, G. Depayre, P. Eeckhout, L. Ehring, S.J. Evenett, I.S. Forrester, D. Geradin, I. Govaere, B.E. Hawk, J.H. Jackson, J.A. Keyte, P.J. Kuijper, J.A. Marchetti, M. Maresceau, P.C. Mavroidis, M. Merola, F. Montag, T. Payosova, E.-U. Petersmann, N. Petit, R. Quick, R. Raith, J. Rivas, C. Smits, J. Steenbergen, J. Temple Lang, D. Waelbroeck, H. Welge
Contents
Contents:
Preface
Inge Govaere, Marco Bronckers and Reinhard Quick
Foreword
Paul Demaret
Foreword
Koen Lenaerts
Foreword
Carl Baudenbacher
PART I: TRADE AND COMPETITION
1. Competition and Trade Policy and the Challenge of Globalisation
Jacques Steenbergen
2. Towards a WTO Business-Enabling Compact
Stefan D. Amarasinha and Simon J. Evenett
PART II: TRADE
Rules and Rulemaking
3. Challenges in International Monetary Law
Thomas Cottier and Tetyana Payosova
4. From Reluctant Participant to Key Player: EU and the Negotiation of the GATS
Juan A. Marchetti and Petros C. Mavroidis
5. Article IV of the GATT: An Obsolete Provision or Still a Basis for Cultural Policy?
Lothar Ehring
6. The Debate Continues: Are Border Adjustments of Emission Trading Schemes a Means to Protect the Climate or are they ‘Naked’ Protectionism?
Reinhard Quick
7. EU Common Commercial Policy Throwing Off the Shackles of ‘Mixity’
Inge Govaere
8. The Negotiations of a New Anti Dumping Agreement (ADA) in the DDA – Some Observations
Hannes Welge
9. The EU and Free Trade: Can We Still Afford It?
Gérard Depayre
Interpretation and Dispute Settlement
10. Modern Approaches to Treaty Interpretation
John H. Jackson
11. WTO Dispute Settlement: Promise Fulfilled?
William J. Davey
12. Consolidation of WTO Dispute Settlement Proceedings before Panels and the Appellate Body
Raimund Raith
13. Can the EU’s Disregard for ‘Strict Observance of International Law’ (Article 3 TEU) be Constitutionally Justified?
Ernst-Ulrich Petersmann
14. The Effect of WTO Dispute Decisions in EU Law – Autonomy or Autarky?
Piet Eeckhout
15. The Domestic Law Effect of the WTO in the EU – A Dialogue with Jacques Bourgeois
Marco Bronckers
16. The Court of Justice and Unrecognized Entities under International Law
Pieter Jan Kuijper
17. The Brita Ruling of the European Court of Justice: A Few Comments
Marc Maresceau
18. The Standing Requirements for Bringing a Direct Action before the General Court in the Field of Trade Defence and Customs Following the Entry into Force of the TFEU
Philippe De Baere
PART III: COMPETITION
Agreements
19. Vertical Restraints and Online Sales in the Era of Modernization: Is the New Regime ‘Modern’ Enough?
Massimo Merola and Leonardo Armati
20. Parallel Trade: Econ-oclast Thoughts on a Dogma of EU Competition Law
Nicolas Petit
Abuses and Mergers
21. How to Treat Aftermarkets under Article 102 TFEU
Hendrik Bourgeois
22. The British Airways Judgment – What are the ‘Underlying Factors’ in Exclusionary Abuses?
John Temple Lang
23. Magill Revisited
Ian S. Forrester
24. Refusal to Supply and Margin Squeeze: A Discussion of Why the ‘Telefonica Exceptions’ are Wrong
Damien Geradin
25. Making Sense of the Reactions to the 2010 US Horizontal Merger Guidelines
Barry E. Hawk and James A. Keyte
State Aid
26. From Trade to Tutelage: State Aid and Public Choice in the European Union
William Bishop
Enforcement and Litigation
27. Public and Private Enforcement of Competition Law
José Rivas
28. When the Judge Prosecutes, Power Prevails Over Law
Catherine Smits and Denis Waelbroeck
29. Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition Law
Frank Montag
Index
Preface
Inge Govaere, Marco Bronckers and Reinhard Quick
Foreword
Paul Demaret
Foreword
Koen Lenaerts
Foreword
Carl Baudenbacher
PART I: TRADE AND COMPETITION
1. Competition and Trade Policy and the Challenge of Globalisation
Jacques Steenbergen
2. Towards a WTO Business-Enabling Compact
Stefan D. Amarasinha and Simon J. Evenett
PART II: TRADE
Rules and Rulemaking
3. Challenges in International Monetary Law
Thomas Cottier and Tetyana Payosova
4. From Reluctant Participant to Key Player: EU and the Negotiation of the GATS
Juan A. Marchetti and Petros C. Mavroidis
5. Article IV of the GATT: An Obsolete Provision or Still a Basis for Cultural Policy?
Lothar Ehring
6. The Debate Continues: Are Border Adjustments of Emission Trading Schemes a Means to Protect the Climate or are they ‘Naked’ Protectionism?
Reinhard Quick
7. EU Common Commercial Policy Throwing Off the Shackles of ‘Mixity’
Inge Govaere
8. The Negotiations of a New Anti Dumping Agreement (ADA) in the DDA – Some Observations
Hannes Welge
9. The EU and Free Trade: Can We Still Afford It?
Gérard Depayre
Interpretation and Dispute Settlement
10. Modern Approaches to Treaty Interpretation
John H. Jackson
11. WTO Dispute Settlement: Promise Fulfilled?
William J. Davey
12. Consolidation of WTO Dispute Settlement Proceedings before Panels and the Appellate Body
Raimund Raith
13. Can the EU’s Disregard for ‘Strict Observance of International Law’ (Article 3 TEU) be Constitutionally Justified?
Ernst-Ulrich Petersmann
14. The Effect of WTO Dispute Decisions in EU Law – Autonomy or Autarky?
Piet Eeckhout
15. The Domestic Law Effect of the WTO in the EU – A Dialogue with Jacques Bourgeois
Marco Bronckers
16. The Court of Justice and Unrecognized Entities under International Law
Pieter Jan Kuijper
17. The Brita Ruling of the European Court of Justice: A Few Comments
Marc Maresceau
18. The Standing Requirements for Bringing a Direct Action before the General Court in the Field of Trade Defence and Customs Following the Entry into Force of the TFEU
Philippe De Baere
PART III: COMPETITION
Agreements
19. Vertical Restraints and Online Sales in the Era of Modernization: Is the New Regime ‘Modern’ Enough?
Massimo Merola and Leonardo Armati
20. Parallel Trade: Econ-oclast Thoughts on a Dogma of EU Competition Law
Nicolas Petit
Abuses and Mergers
21. How to Treat Aftermarkets under Article 102 TFEU
Hendrik Bourgeois
22. The British Airways Judgment – What are the ‘Underlying Factors’ in Exclusionary Abuses?
John Temple Lang
23. Magill Revisited
Ian S. Forrester
24. Refusal to Supply and Margin Squeeze: A Discussion of Why the ‘Telefonica Exceptions’ are Wrong
Damien Geradin
25. Making Sense of the Reactions to the 2010 US Horizontal Merger Guidelines
Barry E. Hawk and James A. Keyte
State Aid
26. From Trade to Tutelage: State Aid and Public Choice in the European Union
William Bishop
Enforcement and Litigation
27. Public and Private Enforcement of Competition Law
José Rivas
28. When the Judge Prosecutes, Power Prevails Over Law
Catherine Smits and Denis Waelbroeck
29. Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition Law
Frank Montag
Index
