CAMERON MAY · THE INTERNATIONAL LAW & POLICY SERIES Welcome to Cameron May™s 2002 Catalogue.As...

IN T E R N AT I O N A LLAW PUBLICATIONS

Catalogue of

B O O K S & J O U R N A L S

INTERNATIONAL TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW

INTERNATIONAL CRIMINAL LAW

www.lexmercatoria.org

CAMERON MAY

THE INTERNATIONAL LAW & POLICY SERIES

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Cameron May Ltd. 69-71 Bondway, London SW8 1SQTel: +44 (0) 20 7582 7567 Fax: +44 (0) 20 7793 8353

Website: www.lexmercatoria.orgEmail: [email protected]


Welcome to Cameron Mays 2002 Catalogue. As you may notice, we have consist-ently expanded the breadth of the areas we cover. We now publish widely acrossmany aspects of public and private international law, including new products coveringinternational criminal law, international commercial arbitration and international hu-man rights, as well as continually expanding our products covering all aspects of interna-tional trade law and international environmental law.

Over the past eight years our attention has been drawn to one facet of an evermoreliberal economic order. The way in which so much supra-national and cross-boundaryregulation has been incorporated into national legal systems. This has had, and willcontinue to have, a profound effect on anyone studying or practising law Also, muchof the regulation, previously considered as part of a discrete discipline, now informs other,previously disconnected areas. For instance, the Precautionary Principle that was oncethe sole preserve of the environment lobby, has now been cited extensively in the WTOwithin international trade disputes.

Another new initiative we have undertaken is the acquisition and expansion of the one ofthe oldest and most popular international law resources websites, www.lexmercatoria.org.This is a free resource containing all the essential texts of the main treaties and regula-tions covering all areas of international law. If you do take the time to visit it and use it,you will be in good company - some four million individuals do so annually!

We hope that the following titles will provide you with the tools necessary to address andunderstand these issues. Written and edited by internationally-acknowledged experts inthe field, (many of whom have decided to write for us rather than some of the better-known publishers because of our specialist knowledge and understanding of our subjectareas) we are sure that you will find them invaluable both as lexicons, and as the mostprospective and exhaustive analyses of public and private international law.

Cameron May titles may be ordered through your regular supplier, directly using theorder form at the back of this catalogue, or via our website at www.lexmercatoria.org.Please note that all of our publications are also available electronically on CD-ROMon clients request, otherwise copies are issued in print. Further information on all newand forthcoming titles will be posted on our website, as will details of the various confer-ences that we host throughout the world.

Nicholas May & James CameronDIRECTORS

PUBLISHED TITLES

INTERNATIONAL TRADE LAW TITLES

BOOKSANATOMY OF A TRADE DISPUTE: A DOCUMENTARY HISTORY OF THE KODAK - FUJI FILM DISPUTEby James P. Durling -------------------------------------------------------------------------------------------------------------- 7A CROSS-SECTION OF WTO LAW by Marco Bronckers ----------------------------------------------------------- 8A WTO GUIDE FOR GLOBAL BUSINESS Carol C. George & Stephen J. Orava --------------------------- 8DISPUTE RESOLUTION IN THE WTO edited by James Cameron & Karen Campbell ---------------- 10THE DRAGON AWAKENS: CHINAS LONG MARCH TO GENEVA by Sean Leonard --------------------- 10ECONOMIC SANCTIONS REPORTS edited by the International Law Group, Clifford Chance ---------- 11ENFORCEMENT OF INTERNATIONAL ARBITRATION AWARDS: THE NEW YORK CONVENTION OF 1958by Domenico Di Pietro & Martin Platte ------------------------------------------------------------------------------- 13ESSAYS ON THE NATURE OF INTERNATIONAL TRADE LAW by Professor Robert E. Hudec ---------- 14THE GENERALISED SYSTEM OF PREFERENCES AND THE WORLD TRADE ORGANISATION by Juan C.Sánchez Arnau ------------------------------------------------------------------------------------------------------------------ 14THE GLOBAL MERGER NOTIFICATION HANDBOOK, THIRD EDITION Co-Editors: Samantha Mobley& Luis Gomez ------------------------------------------------------------------------------------------------------------------ 16THE GOVERNMENT PROCUREMENT AGREEMENT HANDBOOK edited by MGK International TradeConsultants ----------------------------------------------------------------------------------------------------------------------- 18IMPROVING WTO DISPUTE SETTLEMENT PROCEDURES: ISSUES & LESSONS FROM THE PRACTICE OFOTHER INTERNATIONAL COURTS AND TRIBUNALS edited by Friedl Weiss ---------------------------------- 18INTERNATIONAL COMMODITY ORGANIZATIONS IN TRANSITION edited by Erik Chrispeels ----------- 19INTERNATIONAL AND EU TRADE LAW: THE ENVIRONMENTAL CHALLENGE by Geert Van Calster ----- 20THE INTERNATIONAL TRADE LAW REPORTS' DIGEST ------------------------------------------------ 20THE LEGAL STRUCTURE, FUNCTIONS & LIMITS OF THE WORLD TRADE ORDER by Frieder Roessler21POLICING THE GLOBAL ECONOMY edited by Prince Sadruddin Aga Khan ------------------------------- 22THE ROLE OF GOVERNMENT IN INTERNATIONAL TRADE: ESSAYS OVER THREE DECADES by AndreasF. Lowenfeld ---------------------------------------------------------------------------------------------------------------------- 22TRADE & AGRICULTURE: NEGOTIATING A NEW AGREEMENT? edited by Joseph A. McMahon ---- 23TRADE & THE ENVIRONMENT: BRIDGING THE GAP edited by James Cameron & Agata Fijalkowski --- 24TRADE AND THE ENVIRONMENT: THE SEARCH FOR BALANCE edited by James Cameron, Paul Demaret& Damien Geradin ------------------------------------------------------------------------------------------------------------ 25TRADE & ENVIRONMENT: LAW & POLICY - INTRODUCTION, CASES & MATERIALS edited by JamesCameron, Mark Jacobs & Geert Van Calster ---------------------------------------------------------- 25TRADE & INVESTMENT IN INDIA by Linda Spedding -------------------------------------------------------------- 26TRADE & TELECOMMUNICATIONS edited by Mark Clough QC -------------------------------------------------- 27TRADE LAW AND GLOBAL GOVERNANCE by Steve Charnovitz ------------------------------------------------- 28UNDERSTANDING THE WTO ANTI-DUMPING AGREEMENT: NEGOTIATING HISTORY AND SUBSE-QUENT INTERPRETATION James P. Durling & Matthew R. Nicely --------------------------------------------- 29WTLA YEARBOOK, 1ST ED. - THE WTO & INTERNATIONAL TRADE REGULATION - edited by PhilippeRuttley, Iain MacVay & Carol George ----------------------------------------------------------------------------------- 30WTLA YEARBOOK, 2ND ED. - LIBERALISATION & PROTECTIONISM IN THE WORLD TRADING SYS-TEM edited by Philippe Ruttley, Iain MacVay & Ahmad Masadeh -------------------------------------------- 31WTLA YEARBOOK 3RD ED. - DUE PROCESS IN WTO DISPUTE SETTLEMENT - edited by PhilippeRuttley, Ian MacVay & Marc Weisberger ------------------------------------------------------------------------------- 32

WTO DISPUTES: ANTI-DUMPING, SUBSIDIES & SAFEGUARDS by Edwin Vermulst & FolkertGraafsma -------------------------------------------------------------------------------------------------------------------------- 33WTO LITIGATION: PROCEDURAL ASPECTS OF FORMAL DISPUTE SETTLEMENT by Jeff Waincymer ----- 34WTO TRADE INSTRUMENTS IN EU LAW by Pierre Didier ------------------------------------------------------- 34

JOURNALSECONOMIC SANCTIONS REPORTER edited by the International Law Group, Clifford Chance ------ 35GLOBAL ANTI DUMPING HANBOOK written & edited by Cliff Stevenson ---------------------------------- 35INTERNATIONAL TRADE LAW REPORTS edited by Clifford Chance, Mahmud Nawaz & Peter Morrison ---- 36INTERNATIONAL TRADE CORRUPTION MONITOR edited by Jeremy Pope & Fritz Heimann --------- 36THE NAFTA ARBITRATION REPORTS edited by Chris Thomas & Cameron Mowatt ------------------ 36THE WEEKLY TRADE GLOBE edited by Coudert Brothers --------------------------------------------------------- 37

INTERNATIONAL ENVIRONMENTAL LAW TITLES

BOOKSBADLANDS: ESSENTIAL ENVIRONMENTAL LAW FOR PROPERTY PROFESSIONALS by Clare Deanesly,Chris Papanicolaou & Angela Turner ------------------------------------------------------------------------------------ 39COMPETITION LAW & THE ENVIRONMENT by Timothy Portwood ------------------------------------------- 39CONSERVATION POLICY DIRECTIONS: AN ANNOTATED DIGEST OF RECENT PAPERS BY THE ROYALSOCIETY FOR THE PROTECTION OF BIRDS edited by David Pritchard ---------------------------------------- 40CONSTRUCTION LAW & THE ENVIRONMENT by Steven Francis, Sarah Shemmings & Paul Taylor 40ENVIRONMENTAL CONFLICT RESOLUTION edited by Christopher Napier ---------------------------- 41ENVIRONMENTAL CRIME by Fiona Darroch & Peter Harrison --------------------------------------- 41ENVIRONMENTAL IMPACT ASSESSMENT: LAW & POLICY - MAKING AN IMPACT II by William Sheate ----- 41ENVIRONMENTAL INFORMATION: LAW, POLICY & EXPERIENCE by Gisele Bakkenist -------------- 42ENVIRONMENTAL LIABILITY INSURANCE by Nick Lockett -------------------------------------------- 42ENVIRONMENTAL RIGHTS: LAW, LITIGATION & ACCESS TO JUSTICE edited by Sven Deimann &Bernard Dyssli ------------------------------------------------------------------------------------------------------------------- 43INTEGRATED POLLUTION CONTROL by Pamela Castle & Helen Harrison --------------------------------- 43INTERNATIONAL ENVIRONMENTAL IMPACT ASSESSMENT: EUROPEAN & COMPARATIVE LAW ANDPRACTICAL EXPERIENCE edited by ELNI -------------------------------------------------------------- 44LENDER LIABILITY: ENVIRONMENTAL RISK & DEBT by John Jarvis QC & Michael Fordham ----- 44POLLUTION & PERSONAL INJURY: TOXIC TORTS II by Charles Pugh & Martyn Day ----------------- 45REINTERPRETING THE PRECAUTIONARY PRINCIPLE edited by Tim ORiordan, James Cameron & AndrewJordon ------------------------------------------------------------------------------------------------------------------------------- 45THE ROLE OF ENVIRONMENTAL AGREEMENTS edited by ELNI ------------------------------------- 46

INTERNATIONAL CRIMINAL LAW TITLES

BOOKTHE LAW OF EXTRADITION & MUTUAL ASSISTANCE by Clive Nicholls QC, Clare Montgomery QC &Julian Knowles ------------------------------------------------------------------------------------------------------------------- 47

JOURNALINTERNATIONAL CRIMINAL LAW REPORTS edited by Helen Malcolm & Rodney Dixon --------------- 48

FUTURE TITLES

TRADE LAW TITLESCOMPETITION & TRADE

CHINA IN THE WTOESSAYS ON COMPARATIVE ANTI-DUMPING LAWEXPLORING NEW FRONTIERS IN TRADE POLICY

HUMAN RIGHTS, CONSTITUTIONALISM & ECONOMIC LAWINTERNATIONAL LAW AS AN OPEN SYSTEM: SELECTED ESSAYS

THE POLITICS OF INTERNATIONAL TRADETRADE FACILITATION MEASURES

TRADE AND INTELLECTUAL PROPERTYTRADE & SERVICES

WTO LITIGATION AND PRACTICEEU TRADE TREATIES

ENVIRONMENTAL LAW TITLESENVIRONMENTAL LITIGATION

WILDLIFE LAW & THE ENVIRONMENTINTELLECTUAL PROPERTY & THE LIVING WORLD

CRIMINAL LAW TITLESINTERNATIONAL CRIMINAL LAW ASSOCIATION (ICLA) YEARBOOK

Please refer to our website regularly for updates and future titles, or contact us direct.

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ANATOMY OF A TRADE DISPUTE: A DOCUMENTARYHISTORY OF THE KODAK - FUJI FILM DISPUTE

By James P. Durling

Although there have been many trade disputes adjudicated before the WTO, thebattle between the United States and Japan over consumer photographic film standsout as a landmark struggle. Known more popularly as the Film Dispute or theKodak-Fuji Dispute, this particular trade conflict received an unprecedented amountof media, academic, and international attention. The impact of this case continuesto reverberate, as different interests have cited it for the various lessons that have to belearned.

The Film Dispute represents a textbook example of a trade policy battle. The combi-nation of two fierce commercial rivals, contentious cutting edge policy issues, in-tensely disputed facts, aggressive advocacy, and two determined governments all makethis an ideal case-study to analyse the different elements and evolving dynamics of atrade policy battle. Indeed, the Film Dispute has already inspired a number of formaland informal studies in classrooms worldwide. In a remarkable display of interdiscipli-nary interest, professors have taught this case in law schools, business schools,public policy programs, and even in undergraduate and graduate political sciencecourses.

James P. Durling, one of Americas leading private practitioners - who advised theJapanese side throughout this case - has now written the definitive history of the FilmDispute, describing in detail both its Section 301 and WTO phases. Weaving to-gether the substantive arguments of the private companies, the positions of the twogovernments, and the role of public relations and politics, the author reveals thecomplex interplay of the various dimensions of trade policy battles. He combinesselected excerpts from key documents with his perspectives as an inside observer ofthe dispute and illuminates its many different dimensions. He also places the issue inthe broader context of Section 301, WTO dispute settlement, and the history ofU.S.-Japan trade conflicts.

Anatomy of a Trade Dispute distills the essence of familiar documents, but alsopublishes for the first time various key documents from the Film Dispute, such asunadopted Congressional resolutions, letters between the governments, and ques-tions posed by the WTO panel hearing the case. The publication also sheds newlight on often overlooked aspects of the case, such as the consultations on restrictivebusiness practices that never took place. Even those who followed Kodak-Fuji at thetime will find new documents and insights in this work.

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This volume belongs on the shelves of all those interested in International, U.S.-Japan relations, formulation of trade policy, and the interaction of the private sectorsand government in trade policy disputes.

ISBN: 1 874698 53 8 Hardback 700pp 2001 @ £85.00/$140.00

A CROSS-SECTION OF WTO LAWBy Marco Bronckers

Marco Bronckers has been practising international trade law for 20 years. He is alsoprofessor of WTO and EC external trade relations law at the University of Leyden.This book provides a cross-sectional view of the legal issues that are at the forefrontof WTO developments, and contains essays in the following subjects:

➢ Rethinking the Like Product Definition in WTO Law: Anti-dumpingand Environmental Protection (co-authored with Natalie McNelis)

➢ Rehabilitating Antidumping and other Trade Remedies through Cost-Benefit Analyses

➢ Telecommunications Services and the World Trade Organization, (co-authored with Pierre Larouche)

➢ The Impact of TRIPS: Intellectual Property Protection in DevelopingCountries

➢ The Exhaustion of Patent Rights under WTO Law➢ The Position of Privatized Utilities under WTO and EC Procurement

Rules➢ Fact and Law in Pleadings Before the WTO Appellate Body (co-authored

with Natalie McNelis)➢ Outside Counsel in WTO Dispute Process (co-authored with John

Jackson).➢ Private Participation in the Enforcement of WTO law: The New EC

Trade Barriers Regulation➢ Better Rules for a New Millennium: A Warning Against Undemocratic

Developments in the WTO

ISBN: 1 874698 38 4 Hardback 300pp 2000 @ £75.00/$130.00

A WTO GUIDE FOR GLOBAL BUSINESSCarol C. George & Stephen J. Orava

No global enterprise can afford to ignore the regulation of international trade by theWorld Trade Organisation (WTO). Companies must comply with the laws that

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apply in their home markets and those that apply wherever else they do business.Over 140 Member countries of the World Trade Organization have now establishedinternational rules to define how governments can regulate trade through their nationallegal systems.

Currently in effect in over 140 countries, WTO rules have a direct impact on virtuallyall trade in goods, the international provision of services and the protection of intellectualproperty rights. These rules provide businesses with access to new markets andimproved competitive conditions in existing ones. Enterprises conducting businessacross borders should therefore maximise the business advantages of operating withthe WTO system and minimise any aspects of the WTO rules that are contrary totheir interests.

As WTO rules continue to develop, there is still an opportunity to influence theirformation. A proactive business will pursue new and favourable disciplines or seekto limit developments that are potentially detrimental. Those who understand andwork with the WTO rules will be far ahead of their competitors who do not. Thosewho fail to consider future developments will certainly lose out to the industry leaderswho seek to shape the rules.

The purpose of this book is to provide business people with an introduction to theworld trading system as well as a reference guide to the implementation of WTOrules and access to resources and remedies in the major trading jurisdictions aroundthe world. Addressing countries individually, each chapter is prepared by local expertsin international trade and WTO law. The book as a whole is closely coordinated tofacilitate ease of reference and comparison of the methods by which the WTOagreements are incorporated into domestic law and the procedural routes available foraddressing WTO-related interests in the various jurisdictions.

Each chapter (and in the case of the EC subchapter in regard to each Membercountry) addresses:

➢ the national context for trade liberalisation including the constitutionalperspective on international law and details of WTO membership;

➢ the WTO agreements in national law, and in particular the question ofdirect effect and the implementing legislation that has been enacted or isanticipated;

➢ WTO law in the courts, which considers the impact of WTO law when inconflict with laws of national origin, its influence in judicial interpretationof domestic law and whether private complaints may be grounded on theWTO agreements, either directly or as implemented in national law;

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➢ private WTO complaints, which directs industry participants to resourcesand procedures to ensure that their interests are addressed in the appropriateinternational forum, including the dispute settlement mechanism of theWorld Trade Organization.

ISBN: 1 874698 83 X Softback 398pp 2002 @ £75.00/$140.00

DISPUTE RESOLUTION IN THE WTOEdited by James Cameron & Karen Campbell

This collection of essays, written by the leading experts in the field, will provide thereader with a clear understanding of recent experience, current cases, and futureissues relating to dispute settlement in the WTO. Based upon the first three and ahalf years of experience with the Dispute Settlement Understanding (DSU), and inparticular, the recently established Panel and Appellate Bodies, this surveys the manyconsiderations in bringing a case before the WTO. Written by practitioners, includingthe current Director of the Appellate Body, this volume will be essential for anyonewishing to understand the importance of the developing jurisprudence of WTO Pan-els and the Appellate Body.

ISBN: 1 874698 51 1 Hardback 421pp 1998 @ £85.00/$135.00

THE DRAGON AWAKENS: CHINAS LONG MARCH TO GENEVABy Sean Leonard

The ideas behind the work first originated at the 1st WTO Ministerial Conferenceheld in Singapore in late 1996. Now, in late November 1999 this book will never bemore topical, having predicted Chinas long march finally coming to an end. Hind-sight confirms that this multi-faceted account is not only prophetic, but must nowbecome an essential reference tool for anyone involved with the World Trade Organi-sation, be they global trade professional, academic, government official, businessexecutive or even informed citizen.

The Dragon Awakens can offer a diverse readership vital information on two levels:By charting Chinas quest to join the global trading system, it acts as a compendiumof essential background information that will help explain Chinas accession to theWTO. On a second level, the ramifications of this accession are explored. Crucially,this will allow readers invaluable insights into the future functioning of the WTOwith China as a member.

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Sean Leonard conducted extensive research, and numerous first-hand interviewswith trade officials of China and its principal trading partners. His detailed narrativecovers the increasingly productive bilateral and multilateral negotiations that havetaken place in Beijing, Brussels, Geneva, Tokyo and Washington over the last years.The book traces Chinas original efforts to become a contracting partner to GATT47, explores Chinas resumption argument and focuses upon the substantive tradeissues which concern Chinas principal trading partners in the final stages of thenegotiations for Chinas WTO entry.

The Dragon Awakens contains excellent analysis of the contemporary Chinese legalsystem in the context of WTO and GATT 94 requirements and compatibility. Thatstated, much attention is also paid to how the geopolitical, economic and securityconcerns of China and its principal trading partners have affected the negotiations forChinas WTO accession.

A unique feature of the work is its extensive examination of the provisions of theactual WTO Draft Protocol on China, the international agreement that will serveas the basis for Chinas WTO membership, especially in the next few years. Thisdocumentation will be of paramount interest, particularly as it is rarely available tothe public. The reader will gain genuine insight into the varied concerns of the globalcommunity with the integration of Chinas rapidly evolving economy.

Finally, The Dragon Awakens covers the thorny issue of Hong Kongs separateWTO membership, and the ironic position of Taiwan having a pending applicationto accede. Also provided is analysis of the complicating effects Chinas membershipwill have on the WTOs dispute settlement mechanism, particularly as it will beconsidered a developing country WTO member, and therefore be entitled to lessstringent and accelerated rules.

ISBN: 1 874698 82 1 Hardback 238pp 1999 @ £95.00/$160.00

ECONOMIC SANCTIONS REPORTSEdited by the International Law Group, Clifford Chance

Economic sanctions affect every aspect of international business. The Economic Sanc-tions Reports, a two volume guide to economic sanctions, edited by the InternationalLaw Group of Clifford Chance, draws together the documents needed to understandand comply with all the economic sanctions currently imposed by the United Na-tions, the European Union, the United Kingdom, and the United States.

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Volume One of the Reports contains the sanctions materials needed to understandand comply with the economic sanctions currently imposed by the United Nations,the European Union, the United Kingdom and the United States on:

➢ Angola➢ Sierra Leone➢ Sudan➢ Eritrea/Ethiopia➢ Burma (Myanmar)➢ Iran and➢ North Korea

Volume Two of the Reports contains the sanctions material needed to understandand comply with the economic sanctions currently imposed by the United Nations,the European Union, the United Kingdom and the United States on:

➢ Iraq➢ The Federal Republic of Yugoslavia and Serbia➢ Libya➢ Cuba➢ India/Pakistan and➢ Syria

In addition to Security Council Resolutions, these volumes include the actual legis-lation adopted by the European Union, the United Kingdom and the United States.Whether you are looking for information on: the asset freeze and trade embargo onIraq or Libya; arms, diplomatic and travel sanctions against Sudan; US legislationon Cuba including the Helms-Burton Act; EU blocking legislation; or any bar onfinancial transactions with the FRY and Serbia, you will find it here. Corporationsand financial institutions operating in the United States, the European Union andthe United Kingdom and their foreign subsidiaries which are involved in or contem-plating transactions in any of these countries must be aware of, and comply with,these sanctions or risk heavy fines. These volumes are essential reference material ifyou or your clients are doing business with any institutions or businesses whichoperate in the sanctioned countries.

Readers will also benefit from a subscription to our quarterly service, Economic Sanc-tions Reporter (See page 26). This Reporter will provide regular updates with all newdocumentation relating to the sanctions covered in Volumes One and Two of theReports and any newly sanctioned countries. It will also contain detailed analysis andinterpretation of the impact of new developments on the current sanctions regimes.

Economic Sanctions Reports Vol 1 ISBN: 1 874698 37 6 @ £125.00/$205.00Economic Sanctions Reports Vol 2 ISBN: 1 874698 42 2 @ £125.00/$205.00

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ENFORCEMENT OF INTERNATIONAL ARBITRATION AWARDS:THE NEW YORK CONVENTION OF 1958

By Domenico Di Pietro & Martin Platte

International disputes are increasingly resolved by arbitration. One of the undeniableadvantages of this is the convenient international enforcement of arbitral awardsunder the New York Convention, one of the most successful international instru-ments ever.

Enforcement of International Arbitration Awards is aimed at providing the reader witha comprehensive illustration and analysis of the issues which arise through the proc-ess of recognising and enforcing international arbitration agreements and awards.Whilst not neglecting the academic aspects of the subject, the book focuses on thepractical problems which may be encountered in this area of practice. This is achievedby a thorough discussion of both the well established body of case law, as well asmore progressive and updated jurisprudence. In addition, every chapter contains apractical summary and a checklist.

Each chapter is devoted to a key provision of the Convention. The analysis takes intoaccount the truly international nature of the subject and attempts to create aware-ness and provide information as to how specific issues have been approached indifferent jurisdictions. Therefore it may serve as an indicator of how the courts ofother jurisdictions are likely to treat these issues.

Despite the immense importance of the New York Convention, there is surprisinglylittle literature devoted to this topic. This book attempts to fill this gap by providing acomprehensive, comparative and easy-to-use guide to the recognition and enforce-ment of international arbitration awards under the New York Convention. As suchEnforcement of International Arbitration Awards is a must buy item for legal practi-tioners and academics alike.

Contents:➢ Chapter I: Introduction➢ Chapter II: Scope of application of the Territorial Criterion➢ Chapter III: Recognition and Enforcement of the Arbitration Agreement➢ Chapter IV: Formalities of the Enforcement Procedure➢ Chapter V: Resisting Enforcement➢ Chapter VI: Concluding Remarks

ISBN: 1 874698 97 X Hardback 288pp 2001 @ £125.00/$185.00

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ESSAYS ON THE NATURE OF INTERNATIONAL TRADE LAWBy Professor Robert E. Hudec

Robert E Hudec is the Melvin C Steen Professor of Law at the University of Minne-sota Law School. He was Assistant General Counsel to the Office of the SpecialRepresentative for Trade Negotiations. An acknowledged expert on international tradelaw, he has lectured extensively and taught at universities in Canada, China, France,Germany and Switzerland. This collection of his more recent essays provides aninvaluable overview of developments in the subject, from an author who has spent thelast 40 years working in the field, and whose teaching and writing have proved to beamongst the most influential in the world. Areas covered include:

➢ The Nature of International Trade Law➢ Concepts of Fairness in International Trade Law➢ Concepts of Discrimination in International Trade Law

ISBN: 1 874698 77 5 Hardback 396pp 1999 @ £75.00/$125.00

THE GENERALISED SYSTEM OF PREFERENCES AND THEWORLD TRADE ORGANISATION

Juan C. Sánchez Arnau

The generalised system of preferences and the World Trade Organisation is theresult of a detailed research on the GSP, one of the few instruments adopted bythe industrialised countries to promote exports from the developing world.

The future of the GSP lies in the forthcoming multilateral trade negotiations. Bylaunching the new round of negotiations on a further reduction of import duties, theMinisterial Declaration adopted in Doha reduces the scope of the preferential treat-ment but at the same time, it emphasises that the WTO seeks to place the needs andinterests of the developing countries at the heart of the Work Programme.

Although the Ministerial Declaration makes no specific reference to the GSP or topreferential treatment, it specifically refers to all the legal elements that permit suchpreferences, thus opening the door to the utilisation of the GSP or similar measuresas part of the final results of the new round.

The GSP was also used as a model to develop a number of similar preferentialsystems, such as the EU-Andean countries programme, the US Caribbean BasinInitiative and the Canadian Trade and Investment Caribbean Programme and more

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recently the US African Growth and Opportunity Act. The GSP is also called uponto play an important role in the restructuring of the EU agreement with the African,Caribbean and Asian countries (the ACPs).

This book gives an analysis on how the GSP was implemented and applied through-out thirty years and the impact that it has had on the exports and industrialisationprocesses of the beneficiary developing countries.

It has been divided into three parts:

➢ An analysis of the preferential trade theory including the presentation anddiscussion of a model representing this type of trade and the role of theeffective protection theory in order to understand its effects.

➢ The structure of protection in the industrialised countries, in the light ofthe objectives of the GSP and the above-mentioned theoretical model,thus bringing the initial theoretical analysis in line with the reality of theproblems associated with international trade.

➢ An overall picture of the changes in the world economy and the tradepolicy of the industrialised countries since the GSP was put into effect.The changes brought about in the structure of international trade duringthat same period.

➢ A detailed analysis of the preferential schemes of the different industrial-ised countries and the reasons that help to explain why preferential treat-ment has had such a limited impact on the beneficiary countries exports.The future of the GSP in the current trend of significant reductions incustoms tariffs for industrial products.

THE AUTHOR, currently Argentina's Ambassador to Russia, was closely associatedwith the negotiations for the adoption of the GSP as a representative of his countryto UNCTAD and GATT and followed its implementation for many years in theseorganisations. He took advantage of this experience to choice this subject for a PhDthesis which recently received a mention magna cum laude in the University ofFribourg, Switzerland.

'It is the best empirical thesis I have ever read...it includes an analysis of interna-tional trade that is extremely far-reaching.'

Prof. Heinrich Borstis,Universities of London and Fribourg

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'This book is of an undoubted high quality. It is based on particularly solid sources.'Prof. Dr. Gaston Gaudard,

Director of the Centre de Recherches en Economie de lespace of the University ofFribourg

ISBN: 1 874698 98 8 Hardback 300pp 2002 @ £75.00/$115.00

THE GLOBAL MERGER NOTIFICATION HANDBOOKTHIRD EDITION

Co-Editors: Samantha Mobley & Luis Gomez

The last decade has seen an explosion of merger notification requirements around theworld. More than 60 jurisdictions have diverse reporting requirements with differentjurisdictional thresholds, information requirements, and waiting periods. Further-more, even where prenotification is not mandatory, several jurisdictions, including theUnited Kingdom accept voluntary submissions, which can often be advantageous tothe merging parties.

The Global Merger Notification Handbook, published in September 1999 offered,for the first time, an easy to use and authoritative compilation of the reportingrequirements for all major, and many smaller but still important, jurisdictions. Rapidchanges in merger notification rules in the past year have necessiated this new andgreatly expanded edition. Like the original, it was prepared under the leadership ofBaker & McKenzie, a global law firm with extensive hands-on experience in comply-ing with merger control regimes around the world. PART I summarises the mergernotification requirements and procedures for 65 jurisdictions in Eastern and WesternEurope, North and South America, Africa and the Far East. For each jurisdiction,

PART I provides:

➢ Overview a concise summary of the main elements of each jurisdic-tions reporting system who must report, the time when the reportmust be filed, the waiting period, whether a filing fee is required, etc.

➢ Criteria for Reportability a more detailed description of the definitionaland jurisdictional rules that govern reportability.

➢ Exemptions From Filing Merger Notification a brief description offactors that will exempt an otherwise notifiable transaction.

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➢ Information and Documents to be Submitted By the Merger Notification an identification of the types of information and documents required tobe submitted on behalf of the reporting merger, acquisition, or joint ven-ture.

➢ Penalties and Review Procedures the penalties applied for failing to obeya jurisdictions merger notification and waiting period requirements, andthe substantive standards and time periods that apply are also described.

PART II contains English versions of the merger notification statutory provisionsand regulations for 54 jurisdictions, including all of those with the most active mergercontrol regimes. Included are English versions and new or amended laws and regula-tions for, amongst many others, Australia, Canada, Iceland, Japan and the UnitedStates as well as the Greek and Swiss notification provisions, none of which areotherwise readily available. The EUs March 1998 notification Regulation and theUnited States detailed and important Hart-Scott-Rodino Regulations are given infull text, and generous excerpts are provided for many other countries.

While The Global Merger Notification Handbook II does not eliminate the need forexpert legal counsel, it will enable a merging Companys in-house teams, investmentbankers, and lawyers to assess quickly the number and kind of merger notificationsthat will be required for a given multinational transaction. The hours of researchsaved on only a single transaction will more than cover the cost of this practical andeasy-to-use Handbook.

Countries Covered:

Albania, Algeria, Argentina, Australia, Austria, Azerbaijan, Belarus, Belgium, Bra-zil, Bulgaria, Canada, Chile, Colombia, Croatia, Cyprus, The Czech Republic,Denmark, Estonia, European Union, Finland, France, Germany, Greece, Hun-gary, Iceland, India, Indonesia, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya,Korea, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Republic ofMoldova, The Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Ro-mania, Russian Federation, The Slovak Republic, South Africa, Spain, Sweden,Switzerland, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Kingdom, UnitedStates, Uzbekistan, Venezuela.

ISBN: 1 874698 04 X Loose-leaf 2002 @ £195.00/$310.00

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THE GOVERNMENT PROCUREMENT AGREEMENT HANDBOOKEdited by MGK International Trade Consultants

Purchasing by governments and public sector agencies is a very important source ofbusiness for many companies. The market for such public procurement is increas-ingly global in nature. EU businesses need to understand the opportunities offeredby the Government Procurement Agreement (GPA). As a result of the GPA, en-hanced transparency and access to major international procurement opportunities isavailable to EU companies:

➢ The GPA handbook offers business people interested in selling goods andservices to the public sector detailed commercial information about themain purchasers in key jurisdictions.

➢ The handbook provides points of contact and data on purchasing recordsand intentions for major purchasing entities in the USA, Canada, Japan,South Korea, Switzerland, Norway and Israel.

➢ The handbook also explains the international rules which each of thesecountries are bound to follow in making their purchasing decisions. Theserules are set out in the Government Procurement Agreement (GPA), whichis one of the agreements covered by the World Trade Organisation (WTO).

ISBN: 1 874698 72 4 Softback 227pp 1998 @ £30.00/$48.00

IMPROVING WTO DISPUTE SETTLEMENT PROCEDURES:ISSUES AND LESSONS FROM THE PRACTICE OF OTHER

INTERNATIONAL COURTS AND TRIBUNALS

Edited by Prof. Friedl Weiss

This selection of essays is based on the idea that a substantial reform of the GATT/WTO system of dispute settlement may benefit from the insights and lessons to bederived from the practice of other international courts. Improving WTO DisputeSettlement Procedures is a valuable vade-mecum through the ongoing debate on howbest to find, interpret and apply the rule of law in multilateral trade relations. Search-ingly analytical papers from eminent specialists, academics and legal practitionersexamine various procedural aspects of the GATT/WTO system of dispute settle-ment. Equal focus is brought to bear upon comparable dispute settlement proceduresused by the International Court of Justice and by the European Court of Justice.

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Academic teachers and students of the Law of International Organisations, of Eu-ropean Community Law and of International Economic and Trade Law, will benefitgreatly from this book. Similarly, legal practitioners seeking to establish themselvesin the rapidly expanding field of international trade law can ill afford to ignore it.Contributors Include:

➢Dr Bernhard Jansen ➢K.P.E. Lasok QC ➢Allan Rosas ➢John A. Usher➢Richard Plender QC, LLD ➢Daniel Bethlehem ➢James Cameron & Stephen J.Orava ➢Theofanis Christoforou ➢Jacquelyn MacLennan ➢Sir Arthur WattsKCMG, QC ➢Peter Van Den Bossche ➢Ernst-Ulrich Petersmann, Marco Bronckers& Natalie McNelis ➢Melchior Wathelet ➢Robert E. Hudec ➢Christine Gray

ISBN: 1 874698 03 1 Hardback 430pp 2000 @ £85.00/$140.00

INTERNATIONAL COMMODITY ORGANISATIONS IN TRANSITIONEdited by Erik Chrispeels

International commodity organisations are under stress as a result of changes ineconomic policies and the political environment. The discontinuation of governmentsponsored price support measures on international commodity markets, and a dimin-ishing interest in cooperation for development between North and South have raisedquestions in governments of developed countries about the role of public authoritiesin commodity markets, and the future of international commodity organisations.

International Commodity Organizations in Transition is a timely response to thesequestions. This book offers new orientations for the future activities of internationalorganisations established to promote international trade in commodities of export inter-est to developing countries, such as cocoa, coffee, sugar, jute or tropical timber.

Over thirty well-known experts from around the world, holding senior positions ingovernment, international commodity organizations, associations and academia havecontributed to this book. Their analyses propose new directions for internationalcooperation in commodities grown or mined in developing countries.

This book should be read by all those who are interested in the future of internationalcommodity organisations.

THE EDITOR: Erik Chrispeels who was a legal adviser to many commodity confer-ences at the United Nations.

ISBN: 1 874698 09 0 Hardback 380pp 2002 @ £85.00/$130.00

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INTERNATIONAL AND EU TRADE LAW: THE ENVIRONMENTALCHALLENGE

By Geert Van Calster

In International and EU Trade Law: The Environmental Challenge Dr Geert VanCalster undertakes an unbiased, thorough analysis of WTO Agreements and theirapplication to Trade and Environment issues. Employing a carefully documentedapproach, the book examines whether the WTO leaves room for the environmentalpursuits of multilateral environmental agreements; border tax adjustment; unilateraltrade-related environmental measures; eco-labelling; and state aid for environmentalpurposes.

International and EU Trade Law: The Environmental Challenge, offers specific,non-rhetorical suggestions in each Chapter, and identifies a broader framework withinwhich the WTO will be able to tackle those trade and environment issues that areoutstanding. It is the most comprehensive and analytically underpinned study todate of a wide range of Trade and Environment issues. It provides the reader, whetherpolitician, practitioner, civil servant, academic, student or activist, with a comprehen-sively sourced assessment of the WTOs lenience for genuine environmental andpublic health concerns.

ISBN: 1 874698 33 3 Hardback 590pp 2000 @ £110.00/$180.00

THE LEGAL STRUCTURE & FUNCTIONS OF THEWORLD TRADE ORDER

By Prof. Frieder Roessler

Frieder Roessler worked for the World Bank and then for the GATT and the WorldTrade Organization. In 1989 he was appointed Director of Legal Affairs, a postwhich he held until 1995 when he joined the faculty of law of Georgetown Universityin Washington, DC.

He has written extensively, mainly in the field of international trade law. This selec-tion of his essays puts the fabric of the world trade order under intense scrutiny,highlighting the strengths and weaknesses in its composition and suggesting poten-tial remedies and improvements to it. The publication will doubtless provide invalu-able material for anyone involved with, studying or merely following the fiery andtopical debate over the past, present and future structure and function of the worldtrade order. Topics covered include:

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➢ Law, de facto Agreements and Declarations of Principle in InternationalEconomic Relations

➢ The International Law Commission and the New International Eco-nomic Order

➢ The Concept of Nullification and Impairment in the Legal System ofthe World Trade Organisation

➢ The Rationale for Reciprocity in Trade Negotiations Under Flexible Ex-change Rates

➢ The Constitutional Function of the Multilateral Trade Order➢ Diverging Domestic Policies and Multilateral Trade Integration➢ The Relationship between the World Trade Order and the International

Monetary System➢ The Relationship Between Regional Integration Agreements and the

Multilateral Trade Order➢ Domestic Policy Objectives and the Multilateral Trade Order: Lessons

from the Past

ISBN: 1 874698 08 2 Hardback 215pp 2000 @ £85.00/$140.00

POLICING THE GLOBAL ECONOMYEdited by Prince Sadruddin Aga Khan

Economy, Why, How and For Whom? took place in Geneva in March 1998. Theconference proved a genuine breakthrough in the highly charged debate on globaliza-tion. Notably, it saw the emergence of a possible Third Paradigm, reconcilingdominant dogmas and sowing the first tentative seeds for a genuine meeting ofminds, as well as a more coherent vision of the future. Indeed, key personalities fromall sides of the debate voiced with renewed vigour the crucial need to counterbalancelegitimate economic and trade interests with an equally rigorous environmental ,social and ethical dimension. The fundamental importance of this delicate equilib-rium was forcefully echoed at the Ministerial Meeting of the World Trade Organiza-tion (WTO) which took place in Geneva a few weeks later, particularly in keynoteaddresses delivered by William Clinton, Tony Blair and Nelson Mandela.

ISBN: 1 874698 22 8 Softback 360pp 1998 @ £40.00/$65.00

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THE ROLE OF GOVERNMENT IN INTERNATIONAL TRADE -ESSAYS OVER THREE DECADES

By Andreas F. Lowenfeld

The public law of international trade has been a subject of much puzzlement, both inregard to the relation of states to each other and in regard to the relation of interna-tional commitments to domestic legislation. In the articles and reviews here assem-bled, one of Americas leading international lawyers explores and clarifies both partsof the puzzle.

Part I addresses the evolution of the General Agreement on Tariffs and Trade (theGATT) from an ambiguous agreement among a handful of states to a full-blowninternational organization, the WTO. The focus is on the interplay betweenrulemaking, adjudication, and diplomatic settlement of disputes, and on the lag ofremedies well behind the creation of obligations.

Part II addresses bilateral accords such as the Canada-U.S. Free Trade Agreementand in particular the search for dispute settlement mechanisms designed to subjectadministration of national laws to international scrutiny.

Part III addresses American legislation on the global stage, including the continuingtensions between the Congress, the President and the courts.

Part IV is devoted to economic sanctions. The essays address the U.S. response tothe Arab Boycott of Israel; the imposition of martial law in Poland and the PipelineCrisis and the efforts of the United States to prevent its trading partners from tradingalso with Cuba.

Altogether the 22 essays, written in Professor Lowenfelds graceful style, are not onlyinformative and thought-provoking, but are a pleasure to read.

ISBN: 1 874698 28 7 Hardback 410pp 2000 @ £85.00/$140.00

TRADE AND AGRICULTURE:NEGOTIATING A NEW AGREEMENT?

Edited by Joseph A. McMahon

After the failure of the Ministerial meeting in Seattle a new round of agriculturalnegotiations was launched on March 24, 2000 in Geneva. After the first meetingthe Director General expressed optimism that a positive outcome would result from

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the negotiations. One of the purposes of this work is to assess the extent of theproblems that are to confront the negotiators of a new Agreement on Agriculture.

Part I of the book includes a chapter on the history of international trade regulationand agriculture before a prolonged discussion of the various issues to be raised in thenew round of new negotiations. Chapter 2, written by two of the leading authoritiesin this area, discusses three categories of issues that will be important in these nego-tiations. The first category is that of the core agenda, mandated by Agreement onAgriculture. The second category of issues, referred to as new issues, includesissues such as state trading, the administration of tariff rate quotas and the questionof export restrictions. The final category of issues are those that currently lie outsidethe scope of the Agreement on Agriculture itself. The position of developing countriesis then addressed, the conclusion offered is that the latest round of negotiationsoffers probably the best prospects ever for developing countries in general, and theirrural communities in particular, to secure growth-enhancing reforms. This includes anumber of policy options for the future agenda of the WTO, which would entail amuch more co-ordinated effort involving the WTO and international developmentfinance institutions than has been the case up to now.

Part II examines the emergence of the DSU as a single, integrated system for thesettlement of disputes. Separate chapters address the DSU, the question of developingcountry practice under the DSU and disputes involving the Agreement on Agriculture.

Part III is devoted to a number of issues currently outside the scope of the existingAgreement. This part begins with a discussion of the issue of Labour Rights whichis particularly appropriate given the disruption of the Seattle meeting by the emergingmovement against the global expansion of capitalism and continues with anotherdifficult area for the WTO, namely competition. The next three chapters examineproblems arising from the interface between Intellectual Property Rights and agricul-ture. This includes separate chapters addressing the issues of biotechnology, theprotection of intellectual property rights in plant varieties and the extent to which theemergence of genetically modified organisms is generating policy reactions which maylead to trade disputes in the WTO. The final two chapters of the collection addressthe issue of trade and the environment.

ISBN: 1 874698 81 3 Hardback 483pp 2001 @ £95.00/$150.00

TRADE & THE ENVIRONMENT: BRIDGING THE GAPEdited by James Cameron & Agata Fijalkowski

The implementation of multilateral environmental agreements in trade and non-traderelated measures has been a significant part of the ongoing debate on trade and

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environment. One of the most challenging tasks faced by practitioners in this areahas been to find a way to combine economic development and environmental goals atboth the regional and international levels in a balanced and effective way. This digestemphasises the most pertinent aspects of the trade and environment debate. Theselection of essays is based on presentations, or adapted versions thereof, given at theconference on The Implementation of Multilateral Agreements: Ways and Means,organised by the T.M.C. Asser Instituut and the Ministry of Housing, SpatialPlanning and the Environment of the Netherlands on 15-16 September 1997 inThe Hague.

ISBN: 1 874698 17 1 Softback 190pp 1998 @ £40.00/$65.00

TRADE & THE ENVIRONMENT: THE SEARCH FOR BALANCEEdited by James Cameron, Paul Demaret & Damien Geradin

Following the creation of the WTO, a special committee on Trade & Environmentwas set up. This reported its findings to the intergovernmental meeting in Singaporein December 1996. Further reports will be made to the intergovernmental meeting inKyoto in December 97. The competing systems of trade liberalisation and environ-mental protection have been fraught with disagreement over fundamental principlesand objectives. However, since UNCED 1992, a consensus is beginning to emergeon how a balance between these vital policy objectives can be struck. Co-published bythe Foundation for International Environmental Law and Development and theInstitut dEtudes Juridique Européennes and edited by Professor Paul Demaret, JamesCameron and Damien Geradin, this is a collection of thoughtful and imaginativeessays on law, policy and economics by the pre-eminent individuals in the field,backed by the essential documents needed for successful practice. Volume I is a newcollection of essays which present a cogent and thorough analysis of a range ofcomplex legal, political and economic issues arising from the interaction of free tradeand environmental policies. The challenges posed by the internationally recognisedneed for the integration of free trade with environmental values is examined from anumber of perspectives, including that of sustainable development and the new mul-tilateral organisations that have been spawned as a result of the agreement. VolumeII provides a comprehensive collection of primary materials which support the keyreferences in the first volume. All the relevant EU, US, NAFTA and the latestGATT materials are made available. A valuable companion volume, it provides thereader with an easy reference to all materials examined in the first volume.

ISBN: (Vol 1 & 2) 1 874698 55 4 2 Volumes Hardback 1200pp 1994 @ £155.00/$275.00

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TRADE & ENVIRONMENT LAW & POLICY: INTRODUCTION, CASESAND MATERIALS

Edited by James Cameron, Mark Jacobs & Geert Van Calster

The trade & environment issue has remained highly contested, politically controver-sial and a source of intellectual fascination. Despite extensive discussions within theWTO, in the Committee on Trade & Environment, at the Commission on Sustain-able Development and in numerous non-governmental organisation dialogues, issuesof outstanding importance to businesses, government and civil society remain unre-solved. Significant public protest in Seattle about the negative affects of globalisationon the environment, frustrations about the failure to resolve the technical issues atthe heart of the demand for integration of environmental concerns into the tradingsystem, together with disputes such as trade in genetically modified organisms, hor-mone-fed beef, turtles caught through the harvesting of shrimp and the introductionof alien species have all raised awareness of the fundamental importance of the tradeand environment issue. Resolving the legitimacy of environmental barriers to tradebased upon the precautionary principle is a billion dollar question for business.

This book builds upon Trade and Environment: The Search for Balance publishedby Cameron May in 1994. That was a collection of essays by leading publicists,together with a collection of documents. With so much activity, not least in thedispute settlement body of the WTO, it was important to update that publication.Ultimately we determined that there was no need for a further collection of essays butthat an authoritative introduction to the essential documents would be necessary.

The introduction provides the right amount of information for those who want togain a basic understanding of the trade and environment debate, and also provides aguide to those who are familiar with the critical issues and simply want to be broughtup to date and pointed to the content of the cases and materials.

Anyone working in and around the trade and environment debate, whether they bepolicy analysts, lawyers, government representatives, NGO campaigners, trade man-agers in major multinationals, advisers in and to trade associations as well as aca-demics, researchers and students, will find the documentation invaluable. It is up-to-date, completely comprehensive and has been carefully edited.

ISBN: 1 874698 18 X Loose Leaf 1999 @ £195.00/$320.00

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NEW

TRADE & INVESTMENT IN INDIABy Linda Spedding

This book provides a timely analysis of the key issues that assist appropriate develop-ment and project finance decisions in India, paying particular attention to the regu-latory and policy framework with regard to the principle that good environmentalmanagement is also economically expedient. It covers the new India of opportunity:background and reform; areas of priority, public and private sector interests; themeaning of project finance; the project objectives and choice of vehicle; the likelyparties, assessment of liabilities; the environmental imperative; insurance; credit agree-ments; key sources of finance; sample terms and conditions; risk management; speci-men BOT, BOOT arrangements, and the future development opportunities such aspower, infrastructure and renewable energy resources. Illustrated with practical exam-ples (the author is a solicitor in London, an advocate of the Supreme Court in India,and an Attorney at Law in New York), this title will be invaluable to those interestedin Project Finance in developing countries, environment and development lawyers,corporates and development agencies.

ISBN: 1 874698 06 6 Hardback 435pp 1997 @ £95.00/$170.00

TRADE AND TELECOMMUNICATIONSEdited by Mark Clough QC

Trade & Telecommunications is the most current book to address the implications ofthe global liberalisation of voice telephony and other basic telecom services for theinternational telecommunications industry. With their focus on areas of potentialdispute, the team of authors is led by Ashurst Morris Crisp partner, Mark Clough,who is a leading EU trade, competition and regulatory specialist. A solicitor advo-cate, he has considerable experience of WTO dispute procedures.

Contributions have been secured from top international telecoms experts, unrivalledin their fields. For example:

➢ The European perspective has been written by European Commissionsenior administrator Myriam Gonzalez Durantez, who was a key memberof the EU WTO basic telecoms negotiating team;

➢ The effect on the US market has been contributed by Kelly Cameron, apartner at Powell Goldstein Frazer & Murphy. He was previously theleader of the US Federal Communications Commission WTO basictelecoms team during the three years leading up to the signing of theagreement;

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➢ Ted Ringrose, writing on the impact on Asian telecommunications mar-kets, was part of the Hong Kong Governments WTO basic telecomsnegotiation team and prepared the Hong Kong schedule of commitments.

Trade & Telecommunications sets both the WTO basic telecoms agreement in theoverall context of the WTO institutional framework and the general agreement ontrade in services, including the liberalisation of value added telecommunications serv-ices. In addition a separate chapter focuses on WTO dispute procedure, and includesan up-to-date table of WTO proceedings.

The WTO basic telecoms agreement provides major commercial opportunities for theinternational telecommunications industry by opening up foreign markets to compe-tition on the basis of equal treatment with national services and service suppliers. Inparticular, the agreement has provided a backbone for the liberalisation of domesticmarkets, illustrated by the total liberalisation of basic telecoms in Europe from 1January 1998. The agreement has also had a major impact on liberalisation of thedomestic markets in the US and Asia. The regulatory paper adopted at the sametime as the agreement contains the blue print for a level playing field and liberalisa-tion guarantees. Entering into force in February 1998, the WTO basic telecomsagreement is one of the most important developments for the international telecom-munications industry as it enters the new millennium.

ISBN: 1 874698 13 9 Hardback 307pp 2001 @ £95.00/$150.00

TRADE LAW AND GLOBAL GOVERNANCEBy Steve Charnovitz

Bringing together 16 of his essays in one collection, Steve Charnovitz demonstratesthe linkages among key issues in the current debates about globalisation. The Re-views below speak for themselves:

Charnovitz is in a class by himself. His essays reflect both enormous scholarshipand a splendid policy sense. No matter how learned you are, you can always readhim with profit on the many problems facing the world trading system today. Thisbook is indispensable. Buy, borrow or steal it: and then read and be enlightened.

Jagdish Bhagwati, University Professor, Columbia UniversityEconomic Policy Adviser to the Director General, GATT (1991-93) & External

Adviser to the Director General, WTO*

Steve Charnovitz has been one of the most profound US analysts of interna-tional trade law, environmental law, labor law and human rights law over many

NEW

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NEW

years. This book demonstrates his unique success in explaining - from a demo-cratic citizen perspective rather than from an outdated state-centered approach - thecomplex linkage problems and governance challenges in these vast fields of interna-

tional law and policy.Ernst-Ulrich Petersmann, Professor of Law, European University Institute,

Former Legal Adviser to GATT and WTO*

Trade and environment and trade and labour continue to be a challenge formultilateral and regional trade negotiations. This book will help to sharpen the

policy debates on trade linkage.Professor Tommy Koh, Ambassador-At-Large, Ministry of Foreign Affairs, Singapore

Director, Institute of Policy Studies, Singapore*

Steve Charnovitzs Essays in Trade Law and Global Governance is a tour deforce. The volume provides thoughtful and sweeping coverage of a critical subject:

the connection between trade liberalisation and other policy domains, such asenvironmental protection, labor, and human rights.

These linkages and the WTOs failure to deal with them lie at the heart ofthe backlash against globalisation. Charnovitz not only explains the problem butalso spells out where we might begin to look for solutions . . . required reading for

anyone interested in the globalisation debate in general or reform of the traderegime in particular.

Daniel C. Esty, Professor of Environmental Law and PolicyYale University, USA

ISBN: 1 874698 880 Hardback 540pp 2002 @ £95.00/$160.00

UNDERSTANDING THE WTO ANTI-DUMPING AGREEMENT:NEGOTIATING HISTORY & SUBSEQUENT INTERPRETATION

James P. Durling & Matthew R. Nicely,WILLKIE FARR & GALLAGHER

As normal tariffs and the various non-tariff barriers to trade are phased out through-out the world under the various agreements of the World Trade Organization (WTO),more and more countries are turning to sanctioned forms of import protection. Byfar the most common of these are the measures permitted under the Agreement onImplementation of Article VI of the General Agreement on Tariffs and Trade 1994 more commonly known as the Anti-Dumping Agreement. Anti-dumping meas-

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ures have become the protectionist tool of choice, given the ubiquitous yet largelyinnocuous act of inter-market price discrimination, combined with the relatively lowmaterial injury threshold that must be met in order to justify these measures.

Few issues in the history of the GATT and WTO have triggered as much sustainedinterest and controversy as the issue of dumping and the appropriate response tothis so-called unfair trade activity under international regulatory law. Most re-cently, the continuing controversy over whether even to put anti-dumping on theagenda for the new Doha Development Round threatened to derail the whole effort.Having obtained the right to counteract dumping, active users of anti-dumping measuresvigorously defend what many view as an end-run around the fundamental principlesof the GATT. Few other trade issues have such a long and controversial history.

In their book Understanding the WTO Anti-Dumping Agreement: Negotiating His-tory and Subsequent Interpretation, Jim Durling and Matt Nicely provide a much-needed resource to explain to practitioners, national authorities, and scholars thedetailed history behind the various provisions of this important agreement. It is alsothe hope of the authors that their book will prove useful to WTO Member nationnegotiators as they seek to find ways to improve on the existing agreement during thecourse of Doha Round.

Organized to follow the order of the various articles of the Anti-Dumping Agreement,the book provides:

➢ a summary of the changes made from the Tokyo Round Code, includingwhere relevant a blackline version to highlight material changes to thetext;

➢ excerpts from the seven different negotiating drafts on the way to the finalUruguay Round text, including where relevant a blackline version to high-light changes being made from version to version;

➢ excerpts from the various panel and Appellate Body decisions addressingeach provision of the Agreement, through December 31, 2001; and

➢ commentary about the negotiating history of the underlying provision,the precedents to date, and the open issues to be addressed in futurenegotiations or future dispute settlement.

With all of these documents collected in one place, and with plans to provide updatedanalysis of new precedent and commentary, this book is a must for anyone whoconsiders themselves a student of the Anti-Dumping Agreement.

ISBN: 1 874698 93 7 Hardback 688pp 2002 @ £125/$185.00

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1st WTLA Year Book -THE WTO AND INTERNATIONAL TRADE REGULATION

Edited by Philippe Ruttley, Iain MacVay & Carol George

In response to the creation of the WTO dispute settlement system, The World TradeLaw Association was established in April 1997. Its aim is to provide lawyers workingin this field with a forum for discussion and research on the impact of the WTO oninternational trade.

The WTLA held its inaugural conference in April 1997 with distinguished speakers,including H.E. Prof. Celso Lafer, Chairman of the WTOs Dispute SettlementBody, Dr. Debra Steger, the Director of the WTO Appellate Body Secretariat, andProf. Ernst-Ulrich Petersmann, former legal adviser to the WTO. The material cov-ered at the Conference has now been revised to form the first Yearbook of the WTLA.This material has been updated to take account of legal developments since theconference in April 1997. Issues covered include the following:

➢ Dispute Settlement in the WTO➢ Environment➢ Agriculture➢ Intellectual Property

ISBN: 1 874698 12 0 Softback 270pp 1998 @ £60.00/$100.00

2ND WTLA YEAR BOOK -LIBERALISATION & PROTECTIONISM IN THE WORLD

TRADING SYSTEMEdited by Philippe Ruttley, Iain MacVay & Ahmad Masadeh

The WTLA Yearbook is the most timely overview of the international legal develop-ments generated by the WTO. Over the next few years, the WTLA Yearbooks willform an invaluable series and will become an indispensable reference tool for lawyers inprivate practice, government service or universities working in this field. This series oftopical essays will be the most up to date broad treatment of this swiftly-moving area.This volume of essays, the second in the annual World Trade Law AssociationYearbook series, bring together some of the papers delivered at the Associations 1998Annual Conference, fully updated and expanded to cover recent developments sincethe September 1998 conference. The volume also contains specially written contri-butions from Association members.

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Particular highlights include two papers by Prof. John Jackson of Georgetown Univer-sity surveying recent WTO dispute settlement cases. The volume also contains a180 page survey of Asian anti-dumping laws by Prof. Norio Komuro of Kobe Uni-versity, covering India, Japan, Korea, Singapore, Indonesia, the Philippines andThailand. In addition, the 1998 Yearbook includes Ahmad Masadehs in-depthstudy of the current state of international law on investment measures (including thelessons to be learned from the Multilateral Agreement on Investment negotiations).This volume of topical WTO and international trade papers will be required readingfor lawyers and decision makers in industry, government and private practice whoneed up-to-date knowledge of this rapidly evolving area of law. The success of thefirst volume in this series underlined the difficulty of finding excellent materials andcommentary on this rapidly-expanding field of practice, so we hope that you will findthe 2nd WTLA Yearbook an equally superb treatment of the subject.

ISBN: 1 874698 92 9 Softback 284pp 1999 @ £65.00/$100.00

3RD WTLA YEAR BOOK -DUE PROCESS IN WTO DISPUTE SETTLEMENT

Edited by Philippe Ruttley, Ian MacVay& Marc Weisberger

The World Trade Law Association's Yearbooks are the most timely overview of theinternational legal developments generated by the WTO. Collected over a number ofyears, the WTLA Yearbooks will form an invaluable series and become an indispen-sable reference tool for lawyers in private practice, government service or universitiesworking in this field. This series of topical essays will be the most up to date andbroad treatment available of this swiftly-moving area.

This volume, the third in the WTLA Yearbook series, brings together a number ofthe papers delivered at the Associations 1999 Annual Conference. These have beenfully updated and expanded to cover more recent developments. The publication alsocontains specially written contributions written by key Association members.

The WTLA Yearbooks will be required reading for lawyers and decision makers inindustry, government and private practice who need up-to-date knowledge of thisrapidly evolving area of international law. The success of the first two volumes in theseries underlines the difficulty of finding excellent materials and commentary on thisfast expanding field of practice. We are confident that readers will find the 3rd WTLAYearbook an equally superb treatment of the subject.

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NEW

In response to the creation of the WTO dispute settlement system, The World TradeLaw Association was established in April 1997. Its aim is to provide lawyers workingin this field with a forum for discussion and research on the impact of the WTO oninternational trade. The WTLA held its Inaugural conference in April 1997 with apanel of highly distinguished speakers. The conferences now occur on an annualbasis, and have consistently maintained standards of excellence and prescience, withthe WTLA Yearbooks publishing the substance of the lively debates that this area ofinternational law and policy engenders.

ISBN: 1 874698 68 6 Softback 199pp 2000 @ £75.00/$110.00

WTO DISPUTES:ANTI-DUMPING, SUBSIDIES AND SAFEGUARDS

By Edwin Vermulst & Folkert Graafsma

This book analyzes WTO Panel and Appellate Body Reports with respect to the fourcommercial defence Agreements: the Anti-Dumping Agreement, the Agreement onSubsidies and Countervailing Measures, the Safeguards Agreement and the Agree-ment on Textiles and Clothing.

Coming in the aftermath of the succesful launch of a new round of multilateral tradenegotiations in Doha in November 2001, it provides a timely and indispensableoverview of the state of play of dispute settlement reports covering these four Agree-ments. Indeed, a disproportionately high number of WTO dispute settlement caseshave involved interpretations of provisions of these Agreements, bearing witness totheir importance in real life.

While the WTO negotiations continue, WTO Members are likely to continue theirquest to clarify opaque provisions in the four Agreements through recourse to WTOdispute settlement proceedings. Over the past seven years WTO Panels and theAppellate Body have already made incalculable progress;this trend will only continue in the foreseeable future.

The authors, having been involved in a number of the proceedings discussed in thisvolume, have chosen to approach their subjexct by focusing on the technicalities thatare so important in this complex area of trade law. An issue-based analytical firstchapter is followed by four chapters providing annotated versions of the four commer-cial defence Agreements which pursue the order of the Agreements themselves.

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The book will be an invaluable reference tool for trade diplomats and other govern-ment officials, lawyers and academics involved in both WTO dispute settlementproceedings and in the effort to formulate new rules in the framework of the DohaRound.

ISBN: 1 874698 78 3 Hardback 878pp 2002 @ £125.00/$185.00

WTO LITIGATION: PROCEDURAL ASPECTS OFFORMAL DISPUTE SETTLEMENT

By Jeff Waincyme

As regulation bites and pressure-groups, government, regulatory bodies and groupsof individuals become ever more active in pursuit of environmental standards, so thefield of environmental litigation looms larger on the list of possible hazards that anycompany, large or small, faces. They must now be aware of not only their potentialliabilities under law, but also how to combat what are frequently lawyer-led actions,exposing defendants to potentially enormous costs. This book, written by partners atNabarro Nathanson, details the various ways in which companies can prepare them-selves for such an action, and covers: Potential liabilities for environmental law in-cluding tortious liability, statutory liability, criminal liability and liability for breach ofEuropean legislation; the considerations for companies prior to litigation; the lawrelating to standing; the law relating to the taking of samples by an enforcing author-ity or a third party. Drawing on personal experience, the authors detail the lessonslearnt from previous cases (generally from the defendants point of view) and providean overview of the various strategies which may be adopted. This book is essential forany practising or in-house lawyer.

ISBN: 1 874698 85 6 Hardback 395pp 2002 @ £95.00/$170.00

WTO TRADE INSTRUMENTS IN EU LAWBy Pierre Didier

Trade globalisation in goods and services becomes every day more real and perceptible.Businesses and the legal community, whether they fear or welcome it, have to reckonwith and adjust their daily practice to new trade rules, new concepts and new proceed-ings. This velvet revolution was amplified and disciplined by the Uruguay Roundnegotiations and by the WTO. These created new law which mutatis mutandis andto a variable degree extends worldwide some basic principles of the EC treaty on freecirculation of goods and services. Domestic legislation transposing WTO law is now

34


in place in all major trading partners and National Agencies can post an implemen-tation record sufficient for detailed and coherent legal review.

ISBN: 1 874698 27 9 Hardback 844pp 1999 @ £110.00$/180.00

ECONOMIC SANCTIONS REPORTEREdited by the International Law Group, Clifford Chance

Readers of the Economic Sanctions Reports (See page 12) will also benefit from asubscription to our quarterly service, Economic Sanctions Reporter.

This Reporter will provide regular updates with all new documentation relating to thesanctions covered in Volumes One and Two of the Reports and any newly sanctionedcountries. It will also contain detailed analysis and interpretation of the impact ofnew developments on the current sanctions regimes.

ISSN: 1466-6537 Loose Leaf or Electronic @ £230.00/$380.00 Annually

GLOBAL ANTI DUMPING HANDBOOKWritten & edited by Cliff Stevenson

With currency devaluations and the threat of recession sweeping the globe, it isinevitable that there should be an upsurge in anti-dumping actions. Anti-dumpingactions used to be the concern only of companies exporting to a small number ofcountries that were active anti-dumping users. Liberalisation of world trade has en-couraged flows of goods between nations, and as markets become more open, there isfear that domestic industries are more susceptible to unfair competition. Thus, paral-lel to the liberalisation of trade is an increase in the number of countries adopting andusing anti-dumping provisions. Companies operating in the global market increas-ingly find that their trade is disrupted through accusations of dumping.

Many business people and officials now find that anti-dumping has risen up thecommercial/political/economic agenda. To this extent, increasing numbers are havingto consider anti-dumping issues in the normal course of their work. However, this isan extremely technical subject, both in terms of legal principles, economics/analysisand accounting concepts.

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TRADE: JOURNALS

Most of the books available on the subject are technical manuals, intended for use bypractitioners in the area, and tend to deal with specific jurisdictions. The Global Anti-Dumping Handbook provides a practical text rather than a legal treatise, and is theonly publication covering the different country legislation so extensively.

ISSN: 1465-413X Loose Leaf or Electronic @ £350.00/ $525.00 Annually

INTERNATIONAL TRADE LAW REPORTSEdited by Clifford Chance, Mahmud Nawaz & Peter Morrisson

The Dispute Resolution Body (DSB) of the WTO is now recognised as the mostinfluential legal institution governing world trade. It has become the final arbiter ofinternational trade disputes between the 140 countries that are members of the WTO.The ramifications of decisions made by the DSB are enormous, not only in terms oftheir economic impact but also as an evolving body of law, with direct and indirecteffects on national law. The cases and decisions are becoming increasingly complex,with some running to over 500 pages. The International Trade Law Reports detailDSB decisions in full with annotations and commentary putting the cases in theirlegal and economic context. These reports comprise the most comprehensive and up-to-date source of information available.

ISSN: 1364-9205 Loose Leaf or Electronic £295.00/$470.00

INTERNATIONAL TRADE CORRUPTION MONITOREdited by Jeremy Pope & Fritz Heimann

Both the OECD and the USTR have agreed that between 1994 and 1996 therewere allegations of bribery in international commercial contracts valued at $64 bil-lion. Corruption in international trade is possibly the single largest and intractabledistortion of the supposed level playing-field that exists today. This is aside from theinternational grey economy in laundered money, trade in drugs and other proscribedgoods, which was recently estimated to have a value of over $100 billion annually.This is a significant percentage of global trade flows, and a useful indicator towardsthe amount of black money floating within the international financial system. Theowners of this are not scrupulous in the way in which they clean those funds, andinevitably a significant proportion of it provides capital for otherwise legitimate projects.To help businesses and their advisors to minimise risk and to take advantage of new

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opportunities, the loose-leaf, quarterly, International Trade Corruption Monitor, editedby Fritz Heimann and Jeremy Pope, directors of Transparency International, willinclude current information on new legislation as the OECD treaty against corrup-tion in international trade, and other emerging international instruments, are giveneffect in domestic law. Uniquely, in one reference source, the international and na-tional instruments will be available, together with explanatory materials and case law asthis emerges. Another section will discuss, in a regular series of papers from expertsthroughout the world, the broader parameters of the reforms taking place and help raiseawareness and deepen understanding of the strategies and the reasoning which underpinthem. A third section will note upcoming events of significance to the readership.

ISSN: 1464-6080 Loose Leaf or Electronic @ £260/$425 Annually

THE NAFTA ARBITRATION REPORTSedited by Chris Thomas & Cameron Mowatt

Although investor-State arbitration dates back to the 1965 Convention on the Settle-ment of Investment Disputes Between States and Nationals of Other States (theICSID Convention), it was not until the late 1990s that this form of internationaldispute settlement became prominent. This was in large part due to the fact that theNorth American Free Trade Agreement (NAFTA) became the first free trade agree-ment to provide for the resolution of investment disputes through investor-Statearbitration. Such investment protections were previously confined to bilateral invest-ment treaties.

The NAFTA Parties subsequently extended investment protections to other Statesthrough free trade agreements (FTAs) or bilateral investment agreements accompa-nying the FTAs. The United States has signalled that it will seek similar investor-State dispute settlement procedures in its future free trade agreements such as theFree Trade Agreement for the Americas.

This development is not restricted to North America or even to Mexicos treaties withEuropean States (such as the 1997 Mexico-Spain Agreement on the Protection andPromotion of Investment). States in Asia and Oceania have also agreed to investor-State arbitration of investment disputes. The recent Agreement Between the Repub-lic of Singapore and Japan for a New-Age Economic Partnership and the Singapore-New Zealand Closer Economic Relations Agreement both provide for investor-Statearbitration.

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TRADE: JOURNALS

Investor-State arbitration is thus a rapidly developing area of international law. Pri-vate parties are accepting this extraordinary offer to submit disputes to arbitration.To date, there have been five NAFTA awards on jurisdiction; five awards on themerits; six awards currently pending; one award has been partially set aside on judi-cial review; and judicial review of another is pending. Thus the importance of thiscannot be over-emphasised: the deliberations of the NAFTA Panels will have a farbroader readership than to just the US, Canada and Mexico.

The NAFTA Arbitration Reports will be the first comprehensive collection of NAFTAarbitral awards and decisions as well as decisions of national courts reviewing awards.Since NAFTAs general dispute settlement process yields important interpretationsof the Agreement as a whole, those panel reports will be included as well. Eachreported decision will be prefaced with a succinct summary and a list of authoritiesconsidered. Cases of particular interest or controversy will be accompanied by thecommentary of experienced counsel and scholars.

The NAFTA Arbitration Reports will be an invaluable resource for practitionersadvising investors seeking to enforce their rights under the NAFTA, other invest-ment treaties, or the ICSID Convention; for government lawyers responsible fordefending investor-State claims; for officials responsible for negotiating trade andinvestment agreements; and for scholars, NGOs and other observers interested inthis rapidly developing area of international law.

The first issue will contain 13 reports from 1998 to the present. This will be includedin a loose-leaf binder that will accomodate further reports. These will be published asand when the decisions become available. We hope that, given the occaisional diffi-culty in obtaining the reports, you will find the NAFTA Arbitration Reports the mostuseful regular publication on the area.

THE FIRST SOURCE FOR N A F T A ARBITRATIONSISSN: 1477-3422 Looseleaf or Electronic 2002 @ $650/£460 Annually

THE WEEKLY TRADE GLOBEEdited by Coudert Brothers

To preserve the currency of the information - even by courier each issue would be 2-3 days out of date - you will receive each issue of the Weekly Trade Globe as a PDF(Adobes Portable Document Format) file, attached to an email each Friday. WithAdobes Acrobat Reader (most of you will already have a copy on your machines, butwe will provide each subscriber with an up-to-date version) you will then open the file,

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print it, and insert it into the Weekly Trade Globe Binder provided. Thus you have allthe clarity and consistency of hard copy - instantly!

The Weekly Trade Globe is a weekly trade alert, announcing trade events on bothsides of the Atlantic. The Trade Globe summarizes in bullet form changes in U.S.,EU and Canadian laws relating to trade, events in trade remedy actions (such asantidumping and countervailing duty investigations and court appeals), export con-trol and anti-corruption regulatory changes and enforcement actions, and disputesettlement proceedings and other events at the World Trade Organization (WTO).

The Weekly Trade Globe differs from other trade related publications in several keyaspects. First, it covers trade developments in the U.S., Canada, the EU and theWTO from the perspective of trade lawyers resident in the United States, EuropeanUnion and Canada. No other single trade publication covers these jurisdictions si-multaneously in equivalent breadth.

Second, it reports the facts and only the facts of rule changes, trade disputesand the like. Thus, for example, it does not engage in lengthy quotations from tradeexperts regarding ongoing trade negotiations. This makes the Weekly Trade Globe agood reference material for attorneys and business people who wish to obtain a quick,unbiased overview of the week in trade.

Third, the unique distribution method we have chosen for the Weekly Trade Globeensures that your information will never be out of date.

Fourth, the Weekly Trade Globe has been available to a small number of people forover 3 years (and the editors have never missed an issue yet!) - you need not worrythat this journal will die like other titles - we collate this information all the time forour own purposes, and with the depth and breadth of expertise provided by theeditors, Coudert Brothers, you can be assured that this journal will remain a superbresource for years to come.

Finally, it covers all changes in certain areas such as trade remedy proceedings andWTO dispute settlement decisions. It does not winnow out trade events based ontheir perceived importance to the editors. Thus, for example, the smallest sunsetreview of an antidumping duty order is covered not merely key events on U.S. casesagainst Japanese steel imports. This makes the Weekly Trade Globe valuable forpersons who need to review all issues, not merely those issues currently popular.

ISSN: 1469-7904 Electronic @ $800/£500 Annually

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ENVIRONMENT: BOOKS

BADLANDS: ESSENTIAL ENVIRONMENTAL LAW FOR PROPERTY PROFESSIONALS

By Clare Deanesly, Chris Papanicolaou & Angela Turner

This book was written for all those practitioners whose everyday workload bringsthem into contact with property law, and states how recent environmental legislationaffects that workload. Covering planning, environmental assessment, planning con-trols for hazardous substances, contaminated land, waste, atmospheric and noisepollution, environmental considerations for property transactions, construction, andappendices dealing with environmental enquiries before contract and a company ac-quisition questionnaire, this book contains all the material you will need to approachand analyse the problems of environmental law and property. It provides a practical,useful and definitive guide to the area.

ISBN: 1 874698 10 4 Hardback 246pp 1993 @ £60.00/$105.00

COMPETITION LAW & THE ENVIRONMENTBy Timothy Portwood

Competition Law offers a crucial point at which environmental and economic policyinteract. Written by a barrister and lecturer in Environmental Law at Bristol Univer-sity, this book questions the perceived conflict between environmental protection andcompetitiveness, and shows how a level playing field can be both competitive andprotect the environment. It provides an analysis of the existing attempts both atinternational and EC levels to interlink environmental protection with competitionpolicy and suggests ways in which those links could be strengthened. Specific chap-ters co

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