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Author: Terence Stewart
In a significant move to further the purpose of the World Trade Organization (WTO), a decision was reached at the Ministerial meeting in Doha, Qatar, to launch a new round of trade negotiations.
Coming more than seven years after the Uruguay Round, the new round with a much heavier emphasis on issues of interest to developing nations and will include various modifications to existing WTO agreements in the name of addressing "implementation" issues.

The launch of the new round is heralded by many as significant considering the current state of world affairs and the WTO’s need to establish credibility after the Seattle debacle. This volume identifies the major elements of the upcoming negotiations and reviews the major decisions taken in Doha.

Extensive appendices provide primary source documentation of Ministerial Declarations and Implementation Decisions.



Published under the Transnational Publishers imprint.
Also available as an e-book

Le droit de l’arbitrage, plus encore que le droit international privé, se prête à une réflexion de philosophie du droit. Les notions, essentiellement philosophiques, de volonté et de liberté sont au coeur de la matière. La liberté des parties de préférer aux juridictions étatiques une forme privée de règlement des différends, de choisir leur juge, de forger la procédure qui leur paraît la plus appropriée, de déterminer les règles de droit applicables au différend, quitte à ce qu’il s’agisse de normes autres que celles d’un système juridique donné, la liberté des arbitres de se prononcer sur leur propre compétence, de fixer le déroulement de la procédure et, dans le silence des parties, de choisir les normes applicables au fond du litige, soulèvent autant de questions de légitimité.
Le présent ouvrage s’attache à identifier les postulats philosophiques qui sous-tendent la matière, à montrer leur profonde cohérence et les conséquences pratiques qui en découlent dans la résolution des grands contentieux du commerce international.
A Primer on Governance, History, and Legitimacy -- Part I
Author: Maziar Peihani
The Basel Committee on Banking Supervision (BCBS) was established in 1974 as an informal group of central bankers and bank supervisors with the mandate to formulate supervisory standards and guidelines. Although the Committee does not have any formal supranational authority, it is the de facto global banking regulator and its recommendations have been widely implemented by member and non-member states. Maziar Peihani investigates the BCBS’s governance, operation, and policy outcomes to determine the extent to which it is and has been legitimate. The project is comprised of two parts. This part overviews the literature on the BCBS, outlines its contribution, and provides a primer on the Committee’s governance and functions. In addition, it engages with the current theories on legitimacy and discusses what legitimacy means for the global governance of banking and how it can be assessed.
Author: Maziar Peihani
Part I of this project overviewed the literature on the Basel Committee of Banking Supervision (BCBS) and provided a primer on the Committee’s governance and functions. It also engaged with the current theories on legitimacy and discussed what legitimacy meant for the global governance of banking and how it could be assessed. This part investigates the BCBS’s governance, operation, and policy outcomes to determine the extent to which it is and has been legitimate. The assessment is conducted based on three principles of reasoned decision making, transparency, and accountability. Maziar Peihani argues that the BCBS has gradually become a more legitimate institution but there still exists significant room for improvement. He highlights a number of areas for reform and sets out policy prescriptions to enhance the BCBS’s legitimacy.
Identifying the relevant multilateral institutions and multinational organizations involved in particular aspects of international finance and trade often proves to be difficult. This book makes that process easy while providing valuable descriptions of and insights into those institutions and organizations. Chapter topics examine multilateral institutions and organizations:



• generally and their major umbrella organization—the United Nations;

• concerned with national currencies, national solvency, financial institutions and securities exchange, and international financial transactions and securities;

• promoting economic development;

• regulating international trade;

• dealing with international product and performance standards, standardized legal commercial rules, and common usages and documents through international conventions and treaties, the harmonization of national commercial laws, and accepted sectoral practices;

• protecting international intellectual property rights;

• managing international environmental, commodities, and natural resources matters;

• resolving international disputes; and

• involved with other international finance and trade matters.

No other book now in print covers this topic. None is likely to ever do so with such thoroughness and clarity.


Published under the Transnational Publishers imprint.
Although customs and tariffs operate from a national perspective, it is the overarching international structure of classification, valuation, etc. that is imposed upon the national schemes that provide international customs and tariffs with a comprehensible global consistency whose understanding is of great importance for those dealing in international commerce.

It is this global scheme of customs and tariffs laws and practices that the author describes so thoroughly and well. Having mapped out for the reader that global scheme, he then describes the many types of variances and exemptions from the global scheme that must be understood as well.

Basic Guide to International Customs and Tariffs provides a highly readable description of its subject and a unique global perspective not encountered in other books dealing with the same topic.



Published under the Transnational Publishers imprint.
Brill Research Perspectives in International Banking and Securities Law addresses legal and regulatory developments in the area of banking and securities law from both international and interdisciplinary perspectives. It reviews and advances scholarship in this complex area of law and is of interest to academics, practitioners, and policy makers.

Each issue in the journal comprises a single article. The articles published may focus not only on regional developments relating to banking and finance but also on multilateral and international arrangements. Recurrent themes include (but are not limited to) studies and analysis of the international financial architecture as well as aspects of market infrastructure, the protection of consumers in the financial sector, and specifics of banking, securities markets, and mutual fund regulation.

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Brill Research Perspectives in International Investment Law and Arbitration provides a systematic review of key topics in this increasingly important area of international law and practice. Foreign investment (particularly FDI) continues to be a catalyst for development. To promote and protect the flow of such investments, countries worldwide have entered into thousands of investment treaties and domestic investment laws, which requires them to protect foreign investment in their territories. These treaties also allow foreign investors to directly sue governments before international arbitration tribunals for treaty violations ranging from old-fashioned “expropriation without compensation” to violations of more modern protections such as the so-called “fair and equitable” standard of treatment. The claims raise a mix of public international law, private and public law, and public policy issues requiring an examination of the legitimacy of a government’s exercise of its core functions including regulatory (involving taxation, health, and environment), administrative, and police powers and the balance of those against foreign investors’ rights under the treaties. This journal addresses these issues and aims to provide an authoritative reference guide for scholars and practitioners.

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This unique series offers the reader a comprehensive, bilingual analysis on a case-by-case basis of the jurisprudence of the WTO. Each case study contains: a synopsis and details of the case in question, and important bibliographical references; these are followed by a summary of the facts and procedure, claims of the parties, findings of the panel, issues raised in the appeal, conclusions of the appellate body and scholarly observations. Each case is analyzed by a different scholar in the field, so as to ensure the involvement in the series of the widest range of (English and French speaking) scholars and practitioners.
This approach to the case-law gives the reader a complete and objective account of the reasoning of the dispute resolution mechanism, including numerous quotes (in italics when they are extracted from the case in question, for ease of reference), while at the same time offering a critical perspective, which analyses the reasoning adopted and places it in a global perspective.
The volumes are organized chronologically.
Author: Terence Stewart
This book takes a look at the first two years of China’s membership in the WTO and attempts to assess the level of China’s WTO compliance achieved to date and the problems that remain ahead.

In particular, the book examines:
- China's modification to its laws and regulations, China's participation in WTO committee work, and technical assistance programs available to China from the WTO, the US and other member nations;
- How effectively the WTO’s first and second Transitional Review Mechanisms have operated;
- The US-China bilateral relationship and structures in place for discussion of US-China trade issues and major WTO compliance issues;
-The monitoring of China’s WTO compliance by the US government and private sector groups, as well as a survey of the important compliance issues that arose in the first two years of China’s WTO membership;
- The use made by the US of transitional rights outlined in China’s accession agreement, in particular, the textile and product-specific safeguards, and the non-market economy methodology used in antidumping proceedings concerning products from China.



Published under the Transnational Publishers imprint.