European Yearbook of International Economic Law 2013.

By: Herrmann, ChristophContributor(s): Krajewski, Markus | Terhechte, Jörg PhilippMaterial type: TextTextSeries: eBooks on DemandEuropean Yearbook of International Economic Law: Publisher: Berlin, Heidelberg : Springer, 2013Copyright date: ©2013Edition: 1st edDescription: 1 online resource (606 pages)Content type: text Media type: computer Carrier type: online resourceISBN: 9783642339172Subject(s): Commercial law.;Commercial law -- Europe.;International law.;International economic relations.;Law and economicsGenre/Form: Electronic books.Additional physical formats: Print version:: European Yearbook of International Economic Law 2013DDC classification: 340 LOC classification: K1-7720Online resources: Click here to view this ebook.
Contents:
Intro -- European Yearbook of International Economic Law 2013 -- Editorial EYIEL 4 (2013) -- Contents -- Contributors -- Part I: Topics -- Distinguished Essay: Good Agency Practice and the Implementation of Competition Law -- Introduction -- Characteristics of Good Agency Practice -- Clear Statement of Goals -- Process to Set a Strategy -- From Case-Centrism to Effective Problem Solving -- Effective System of Internal Quality Control -- Investments in Building Knowledge -- Recruiting and Retaining Human Capital -- Constructing and Improving Networks with Other Institutions -- Communication with External Constituencies -- Ex Post Evaluation -- Conclusion: A Report Card on Good Administrative Practice -- Competition Policy and International Trade Distortions -- Introduction -- Nature of ACMDs -- Rules That Limit the Number and Range of Suppliers -- Rules That Limit the Ability of Suppliers to Compete -- Rules That Reduce the Incentive of Suppliers to Compete -- Rules That Limit the Choice and Information Available to Consumers -- Rules That Apply to State-Owned Enterprises -- The WTO and ACMDs -- Kodak/Fuji Film -- Mexican Telecoms -- Canada Wheat Board -- Measuring the Welfare Effects of ACMDs -- A Metric for Measuring ACMDs -- The ICN and ACMDs -- Plurilateral Agreement Concerning ACMDs -- Conclusion -- The Relationship between Trade and Competition in Free Trade Agreements: Developments since the 1990s and Challenges -- Introduction -- The Emergence of Competition Provisions in International Trade Agreements -- Attempts to Address the Relationship between Trade and Competition in a Multilateral Setting -- International Developments concerning Cooperation on Competition Matters -- FTAs as an Instrument for Competition Rules -- Overview of Competition Provisions in the EU, US and EFTA FTAs -- Classification -- FTAs Concluded by the European Union.
General Observations -- Substantive Provisions in the Competition Chapter -- Compliance Mechanisms Specific to Competition -- Provisions related to Competition in Other Chapters -- Cooperation Provisions -- FTAs Concluded by the United States -- General Observations -- Substantive Provisions in the Competition Chapter -- Compliance Mechanisms Specific to Competition -- Provisions Related to Competition in Other Chapters -- Cooperation Provisions -- FTAs Concluded by the EFTA Member States -- General Observations -- Substantive Provisions in the Competition Chapter -- Compliance Mechanisms Specific to Competition -- Provisions Related to Competition in Other Chapters -- Cooperation Provisions -- Stocktaking-Developments Since the 1990s -- Challenges -- Compliance -- Coexistence between Specific Competition Provisions and a Competition Chapter -- Effective Cooperation -- Conclusion -- Appendix: List of Agreements Quoted -- Agreements Concluded by the European Union -- Agreements Concluded by the United States -- Agreements Concluded by the EFTA Members -- Regulating International Competition Issues by Regional Trade Agreements: A Stepping Stone Towards a Plurilateral Trade Agreem... -- Introduction -- Why Do We Need International Competition Rules? -- First Attempts to Find Multilateral (Universal) Solutions -- Possible Ways to Tackle the International Competition Issue -- The Unilateral Approach -- The Internationalist or Globalist Approach -- International Competition Provisions as Part of Special Trade Regimes -- Conclusion -- External Competition Law of the EU -- Setting the Context -- Competition Law Goes International -- Layers of Internationalisation of Competition Law -- The External Competition Law of the EU: A Definition -- Extraterritoriality -- Bilateral Trade Agreements of the EU -- Competition Law in Trade Agreements.
Type of Provisions Included in the Agreements -- The Impact of Bilateral FTAs as External Competition Law of the EU -- Enforcement Cooperation Agreements -- Conclusion: Evaluation of EU´s External Competition Law -- Transnational Competition Law and Public Services -- Introduction -- The EU Rules on Competition and Public Services -- Overview of the EU Competition Rules -- Establishing the Scope of EU Competition Law: The Concept of Undertaking -- Public Services: The Emerging Role of Services of General (Economic) Interest -- The Role of the State and Public Services: The Useful Effect Doctrine -- US Anti-trust Rules and Public Services -- Overview of US Antitrust Law -- First Section of the Sherman Act -- The Second Section of the Sherman Act -- The Antitrust Immunity for ``State Action´´ -- WTO Law and Public Services: Services Supplied in the Exercise of Governmental Authority -- The Definition of Services Supplied in the Exercise of Governmental Authority -- Evaluation -- Regional Trade Agreements and Public Services -- The Role of Public Services in the Competition Rules Contained in Various Regional Trade Agreements -- CARICOM -- NAFTA -- ASEAN-Australia-New Zealand Agreement -- The Role of Public Services in the Competition Rules Contained in Various Free Trade Agreements Between the EU and Its Trading... -- EU Trade Agreement with Algeria -- EU Trade Agreement with Egypt -- EU Trade Agreement with Chile -- EU Trade Agreement with the CARIFORUM States -- Some Observations on the Implementation -- Conclusions -- The ``Black and White Solution´´ for Public Services -- The ``Balancing Solution´´ for Public Services -- Final Observations -- Competition Policy in Africa -- Introduction -- National Competition Policy Development in Africa -- Zambia´s Competition Policy -- Egypt´s Competition Policy -- South Africa´s Competition Policy.
Government of South Africa: Competition Act, No 89 of 1998 -- Regional Competition Regimes in Africa -- Promoting Cooperation for Better Competition Enforcement: Concluding Remarks -- Annex 1. Competition Laws in Southern Africa -- Annex 2. Competition Regimes in East Africa -- Annex 3. Competition Regimes in Central Africa -- Annex 4. Competition Regimes in West Africa -- Annex 5. Competition Regimes in North Africa -- Annex 6. Status of Competition Legislation in Regional Economic Communities in Africa -- Privatizing the Economic Constitution: Can the World Market Reproduce its own Institutional Prerequisites? -- Introduction -- Quality of Commercial Law as Crucial Factor for the Institutional Organization of Commerce -- Deficient Contract-Enforcement and Protection of Property Rights in International Trade -- Private Ordering as the Institutional Basis of Cross-Border Trade -- Global Economic Constitution Outside the ``Shadow of Law´´: Can Private Ordering Support Global Competitive Market Structures? -- Vertical Integration: An Inevitable Consequence of Private Ordering -- Private Ordering, Vertical Integration, and the Assumption of Efficient Market Structures: Why Common Theory Fails on Global M... -- No Comprehensive Remedy for Vertically Concentrated Market Structures to be Expected -- International Arbitration: An Instrument Able to Support Competitive Structures on the World Market? -- Arbitration as an Instrument Partially Enabling Cross-Border Market Trade -- Private vs. Public Interest: Is Arbitration Able and Willing to Protect the Antitrust Law? -- Difficulties in the Emergence of Transnational Competition Law -- Conclusion -- Competition Law and Development Policy: Subordination, Self-Sufficiency or Integration? -- Introduction -- Competition Law in Developing Nations: The Importance of Dynamics.
Competition Law and Developmental Objectives -- Development Theory and Policy -- Role of Associations, Strategic Contests, Stimulating Rivalry -- Competition Law and the Fundamentals of Human Development -- Institutions, Categories and Routines -- Concluding Remarks -- Part II: Regional Integration -- The European Union and Regional Trade Agreements -- Introduction -- Developments in Particular Negotiations -- EU-Central America Association Agreement -- EU-Colombia and Peru Trade Agreement -- Canada -- India -- ASEAN -- Ukraine -- DCFTAs with Georgia and Moldova -- African, Caribbean, and Pacific (ACP) Countries -- Conclusions -- US International Trade Agreements in the Western Hemisphere: Legal Developments in 2011 -- Introduction -- US-Colombia and US-Panama Trade Promotion Agreements -- Overview of the Agreements -- Labour Provisions -- US Trade Agreements in the Western Hemisphere in Context -- The US-Mexico Cross-Border Trucking Dispute -- Investment Disputes -- Grand River Enterprises -- Commerce Group -- Gallo -- Conclusion -- The Status of African Regional Trade Agreements -- Introduction -- Economic Community of West African States -- Intergovernmental Authority on Development -- Common Market for Eastern and Southern Africa -- East African Community -- Arab Maghreb Union -- Southern African Development Community -- Southern African Customs Union -- Community of Sahel-Saharan States -- Economic Community of Central African States -- Conclusion -- Regional Economic Integration in Southeast Asia -- Introduction -- Existing Economic Integration Agreements in Southeast Asia -- The ASEAN Free Trade Area -- The ASEAN Comprehensive Investment Agreement -- ASEAN+1 Agreements -- Unilateral Negotiation of FTAs and BITs -- Recent Developments in Economic Integration in Southeast Asia -- Negotiation of the Trans-Pacific Partnership Agreement.
The ASEAN Economic Community Initiative.
Summary: Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law.Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.
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Intro -- European Yearbook of International Economic Law 2013 -- Editorial EYIEL 4 (2013) -- Contents -- Contributors -- Part I: Topics -- Distinguished Essay: Good Agency Practice and the Implementation of Competition Law -- Introduction -- Characteristics of Good Agency Practice -- Clear Statement of Goals -- Process to Set a Strategy -- From Case-Centrism to Effective Problem Solving -- Effective System of Internal Quality Control -- Investments in Building Knowledge -- Recruiting and Retaining Human Capital -- Constructing and Improving Networks with Other Institutions -- Communication with External Constituencies -- Ex Post Evaluation -- Conclusion: A Report Card on Good Administrative Practice -- Competition Policy and International Trade Distortions -- Introduction -- Nature of ACMDs -- Rules That Limit the Number and Range of Suppliers -- Rules That Limit the Ability of Suppliers to Compete -- Rules That Reduce the Incentive of Suppliers to Compete -- Rules That Limit the Choice and Information Available to Consumers -- Rules That Apply to State-Owned Enterprises -- The WTO and ACMDs -- Kodak/Fuji Film -- Mexican Telecoms -- Canada Wheat Board -- Measuring the Welfare Effects of ACMDs -- A Metric for Measuring ACMDs -- The ICN and ACMDs -- Plurilateral Agreement Concerning ACMDs -- Conclusion -- The Relationship between Trade and Competition in Free Trade Agreements: Developments since the 1990s and Challenges -- Introduction -- The Emergence of Competition Provisions in International Trade Agreements -- Attempts to Address the Relationship between Trade and Competition in a Multilateral Setting -- International Developments concerning Cooperation on Competition Matters -- FTAs as an Instrument for Competition Rules -- Overview of Competition Provisions in the EU, US and EFTA FTAs -- Classification -- FTAs Concluded by the European Union.

General Observations -- Substantive Provisions in the Competition Chapter -- Compliance Mechanisms Specific to Competition -- Provisions related to Competition in Other Chapters -- Cooperation Provisions -- FTAs Concluded by the United States -- General Observations -- Substantive Provisions in the Competition Chapter -- Compliance Mechanisms Specific to Competition -- Provisions Related to Competition in Other Chapters -- Cooperation Provisions -- FTAs Concluded by the EFTA Member States -- General Observations -- Substantive Provisions in the Competition Chapter -- Compliance Mechanisms Specific to Competition -- Provisions Related to Competition in Other Chapters -- Cooperation Provisions -- Stocktaking-Developments Since the 1990s -- Challenges -- Compliance -- Coexistence between Specific Competition Provisions and a Competition Chapter -- Effective Cooperation -- Conclusion -- Appendix: List of Agreements Quoted -- Agreements Concluded by the European Union -- Agreements Concluded by the United States -- Agreements Concluded by the EFTA Members -- Regulating International Competition Issues by Regional Trade Agreements: A Stepping Stone Towards a Plurilateral Trade Agreem... -- Introduction -- Why Do We Need International Competition Rules? -- First Attempts to Find Multilateral (Universal) Solutions -- Possible Ways to Tackle the International Competition Issue -- The Unilateral Approach -- The Internationalist or Globalist Approach -- International Competition Provisions as Part of Special Trade Regimes -- Conclusion -- External Competition Law of the EU -- Setting the Context -- Competition Law Goes International -- Layers of Internationalisation of Competition Law -- The External Competition Law of the EU: A Definition -- Extraterritoriality -- Bilateral Trade Agreements of the EU -- Competition Law in Trade Agreements.

Type of Provisions Included in the Agreements -- The Impact of Bilateral FTAs as External Competition Law of the EU -- Enforcement Cooperation Agreements -- Conclusion: Evaluation of EU´s External Competition Law -- Transnational Competition Law and Public Services -- Introduction -- The EU Rules on Competition and Public Services -- Overview of the EU Competition Rules -- Establishing the Scope of EU Competition Law: The Concept of Undertaking -- Public Services: The Emerging Role of Services of General (Economic) Interest -- The Role of the State and Public Services: The Useful Effect Doctrine -- US Anti-trust Rules and Public Services -- Overview of US Antitrust Law -- First Section of the Sherman Act -- The Second Section of the Sherman Act -- The Antitrust Immunity for ``State Action´´ -- WTO Law and Public Services: Services Supplied in the Exercise of Governmental Authority -- The Definition of Services Supplied in the Exercise of Governmental Authority -- Evaluation -- Regional Trade Agreements and Public Services -- The Role of Public Services in the Competition Rules Contained in Various Regional Trade Agreements -- CARICOM -- NAFTA -- ASEAN-Australia-New Zealand Agreement -- The Role of Public Services in the Competition Rules Contained in Various Free Trade Agreements Between the EU and Its Trading... -- EU Trade Agreement with Algeria -- EU Trade Agreement with Egypt -- EU Trade Agreement with Chile -- EU Trade Agreement with the CARIFORUM States -- Some Observations on the Implementation -- Conclusions -- The ``Black and White Solution´´ for Public Services -- The ``Balancing Solution´´ for Public Services -- Final Observations -- Competition Policy in Africa -- Introduction -- National Competition Policy Development in Africa -- Zambia´s Competition Policy -- Egypt´s Competition Policy -- South Africa´s Competition Policy.

Government of South Africa: Competition Act, No 89 of 1998 -- Regional Competition Regimes in Africa -- Promoting Cooperation for Better Competition Enforcement: Concluding Remarks -- Annex 1. Competition Laws in Southern Africa -- Annex 2. Competition Regimes in East Africa -- Annex 3. Competition Regimes in Central Africa -- Annex 4. Competition Regimes in West Africa -- Annex 5. Competition Regimes in North Africa -- Annex 6. Status of Competition Legislation in Regional Economic Communities in Africa -- Privatizing the Economic Constitution: Can the World Market Reproduce its own Institutional Prerequisites? -- Introduction -- Quality of Commercial Law as Crucial Factor for the Institutional Organization of Commerce -- Deficient Contract-Enforcement and Protection of Property Rights in International Trade -- Private Ordering as the Institutional Basis of Cross-Border Trade -- Global Economic Constitution Outside the ``Shadow of Law´´: Can Private Ordering Support Global Competitive Market Structures? -- Vertical Integration: An Inevitable Consequence of Private Ordering -- Private Ordering, Vertical Integration, and the Assumption of Efficient Market Structures: Why Common Theory Fails on Global M... -- No Comprehensive Remedy for Vertically Concentrated Market Structures to be Expected -- International Arbitration: An Instrument Able to Support Competitive Structures on the World Market? -- Arbitration as an Instrument Partially Enabling Cross-Border Market Trade -- Private vs. Public Interest: Is Arbitration Able and Willing to Protect the Antitrust Law? -- Difficulties in the Emergence of Transnational Competition Law -- Conclusion -- Competition Law and Development Policy: Subordination, Self-Sufficiency or Integration? -- Introduction -- Competition Law in Developing Nations: The Importance of Dynamics.

Competition Law and Developmental Objectives -- Development Theory and Policy -- Role of Associations, Strategic Contests, Stimulating Rivalry -- Competition Law and the Fundamentals of Human Development -- Institutions, Categories and Routines -- Concluding Remarks -- Part II: Regional Integration -- The European Union and Regional Trade Agreements -- Introduction -- Developments in Particular Negotiations -- EU-Central America Association Agreement -- EU-Colombia and Peru Trade Agreement -- Canada -- India -- ASEAN -- Ukraine -- DCFTAs with Georgia and Moldova -- African, Caribbean, and Pacific (ACP) Countries -- Conclusions -- US International Trade Agreements in the Western Hemisphere: Legal Developments in 2011 -- Introduction -- US-Colombia and US-Panama Trade Promotion Agreements -- Overview of the Agreements -- Labour Provisions -- US Trade Agreements in the Western Hemisphere in Context -- The US-Mexico Cross-Border Trucking Dispute -- Investment Disputes -- Grand River Enterprises -- Commerce Group -- Gallo -- Conclusion -- The Status of African Regional Trade Agreements -- Introduction -- Economic Community of West African States -- Intergovernmental Authority on Development -- Common Market for Eastern and Southern Africa -- East African Community -- Arab Maghreb Union -- Southern African Development Community -- Southern African Customs Union -- Community of Sahel-Saharan States -- Economic Community of Central African States -- Conclusion -- Regional Economic Integration in Southeast Asia -- Introduction -- Existing Economic Integration Agreements in Southeast Asia -- The ASEAN Free Trade Area -- The ASEAN Comprehensive Investment Agreement -- ASEAN+1 Agreements -- Unilateral Negotiation of FTAs and BITs -- Recent Developments in Economic Integration in Southeast Asia -- Negotiation of the Trans-Pacific Partnership Agreement.

The ASEAN Economic Community Initiative.

Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law.Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.

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