INTERNATIONAL LAW

PUBLICATIONS

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

and Complete Backlist

INTERNATIONAL TRADE LAW

INTERNATIONAL ENVIRONMENTAL LAW

INTERNATIONAL CRIMINAL LAW

2004

www.lexmercatoria.org

CAMERON MAY

Catalogue of

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Welcome to Cameron May’s 2004 Catalogue. As you may notice, we have consistentlyexpanded the breadth of the areas we cover. We now publish widely across many

aspects of public and private international law, including new products covering internationalcriminal law, international commercial arbitration and international human rights, as well ascontinually expanding our products covering all aspects of international trade law andinternational environmental law.

Over the past ten years our attention has been drawn to one facet of an evermore liberaleconomic order. The way in which so much supra-national and cross-boundary regulationhas been incorporated into national legal systems. This has had, and will continue to have, aprofound effect on anyone studying or practising law. Also, much of the regulation, previouslyconsidered as part of a discrete discipline, now informs other, previously disconnected areas.For instance, the precautionary principle that was once the sole preserve of the environmentlobby, has now been cited extensively in the WTO within international trade disputes.

Another new initiative we have undertaken is the acquisition and expansion of the one of theoldest and most popular international law resources websites, www.lexmercatoria.org. This isa free resource containing all the essential texts of the main treaties and regulations coveringall areas of international law. If you do take the time to visit it and use it, you will be in goodcompany - 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 in thefield, (many of whom have decided to write for us rather than some of the better-knownpublishers because of our specialist knowledge and understanding of our subject areas) weare sure that you will find them invaluable both as lexicons, and as the most prospective andexhaustive analyses of public and private international law.

Cameron May titles may be ordered through your regular supplier, directly using the orderform at the back of this catalogue, or via our website at www.lexmercatoria.org. Please notethat all of our publications are also available electronically on CD-ROM on clients’request, otherwise copies are issued in print. Further information on all new and forthcomingtitles will be posted on our website, as will details of the various conferences that we hostthroughout the world.

Nicholas May & James Cameron

INTERNATIONAL TRADE LAW TITLES

BOOKS

ANATOMY OF A TRADE DISPUTE: A DOCUMENTARY HISTORY OF THE KODAK - FUJI FILM DISPUTE

by James P. Durling 7A COMPETITION POLICY FOR THE WTO by Dr Philip Marden 8

A CROSS-SECTION OF WTO LAW by Marco Bronckers 9A WTO GUIDE FOR GLOBAL BUSINESS Carol C. George & Stephen J. Orava 9

DISPUTE RESOLUTION IN THE WTO edited by James Cameron & Karen Campbell 10THE DRAGON AWAKENS: CHINA’S LONG MARCH TO GENEVA by Sean Leonard 11

ECONOMIC SANCTIONS REPORTS edited by the International Law Group, Clifford Chance 12ENFORCEMENT OF INTERNATIONAL ARBITRATION AWARDS: THE NEW YORK CONVENTION OF 1958

by Domenico Di Pietro & Martin Platte 13ESSAYS ON THE FUTURE OF THE WTO: FINDING A NEW BALANCE edited by Kim van der Borght 14

ESSAYS ON THE INTERNATIONAL TRADING SYSTEM: AN UNFINISHED JOURNEY by Pradeep S. Mehta 14ESSAYS ON THE NATURE OF INTERNATIONAL TRADE LAW by Professor Robert E. Hudec 15

THE GENERALISED SYSTEM OF PREFERENCES AND THE WORLD TRADE ORGANISATION by Juan C.Sánchez Arnau 15

THE GLOBAL MERGER NOTIFICATION HANDBOOK, FOURTH EDITION Co-Editors: Samantha Mobley &Luis Gomez 17

THE GOVERNMENT PROCUREMENT AGREEMENT HANDBOOK edited by MGK International TradeConsultants 18

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

OTHER INTERNATIONAL COURTS AND TRIBUNALS edited by Friedl Weiss 19INTERNATIONAL COMMODITY ORGANISATIONS IN TRANSITION edited by Erik Chrispeels 20

INTERNATIONAL AND EU TRADE LAW: THE ENVIRONMENTAL CHALLENGE by Geert Van Calster 20NEW! INTERNATIONAL LAW AS AN OPEN SYSTEM by James Crawford 20

INVESTMENT & COMPETITION IN INTERNATIONAL POLICY: PROSPECTS FOR WTO LAW by Ahmad K.Masa'deh 21

JUDICIAL APPROACHES TO TRADE & ENVIRONMENT: THE EC AND THE WTO by Nicola Notaro 22THE LEGAL STRUCTURE, FUNCTIONS & LIMITS OF THE WORLD TRADE ORDER by Frieder Roessler 23

POLICING THE GLOBAL ECONOMY edited by Prince Sadruddin Aga Khan 24THE ROLE OF GOVERNMENT IN INTERNATIONAL TRADE: ESSAYS OVER THREE DECADES

by Andreas F. Lowenfeld 24TRADE & AGRICULTURE: NEGOTIATING A NEW AGREEMENT? edited by Joseph A. McMahon 25TRADE & THE ENVIRONMENT: BRIDGING THE GAP edited by James Cameron & Agata Fijalkowski 26

TRADE AND THE ENVIRONMENT: THE SEARCH FOR BALANCE edited by James Cameron, Paul Demaret& Damien Geradin 26

TRADE & ENVIRONMENT: LAW & POLICY - INTRODUCTION, CASES & MATERIALS edited by JamesCameron, Mark Jacobs & Geert Van Calster 27

TRADE & FREEDOM by James Bacchus 28TRADE & INVESTMENT IN INDIA by Linda Spedding 28

TRADE & TELECOMMUNICATIONS edited by Mark Clough QC 29TRADE LAW AND GLOBAL GOVERNANCE by Steve Charnovitz 30

UNDERSTANDING THE WTO ANTI-DUMPING AGREEMENT: NEGOTIATING HISTORY AND SUBSEQUENT

INTERPRETATION James P. Durling & Matthew R. Nicely 31

WTLA YEARBOOK, 1ST ED. - THE WTO & INTERNATIONAL TRADE REGULATION edited by PhilippeRuttley, Iain MacVay & Carol George 32

WTLA YEARBOOK, 2ND ED. - LIBERALISATION & PROTECTIONISM IN THE WORLD TRADING SYSTEM

edited by Philippe Ruttley, Iain MacVay & Ahmad Masa’deh 32WTLA YEARBOOK 3RD ED. - DUE PROCESS IN WTO DISPUTE SETTLEMENT edited by Philippe

Ruttley, Ian MacVay & Marc Weisberger 33WTO and East Asia: New Perspectives edited by Mitsuo Matsushita & Dukgeun Ahn 34

WTO DISPUTES: ANTI-DUMPING, SUBSIDIES & SAFEGUARDS by Edwin Vermulst & FolkertGraafsma 35

WTO LITIGATION: PROCEDURAL ASPECTS OF FORMAL DISPUTE SETTLEMENT by Jeff Waincymer 35WTO TRADE INSTRUMENTS IN EU LAW by Pierre Didier 35

JOURNALS

NEW! CHINA TRADE LAW & PRACTICE Edited by Patrick Norton & K. W. (Butch) Almstedt 36ECONOMIC SANCTIONS REPORTER edited by the International Law Group, Clifford Chance 36

GLOBAL ANTI DUMPING HANBOOK written & edited by Cliff Stevenson 37INTERNATIONAL TRADE LAW REPORTS edited by Clifford Chance, Mahmud Nawaz & Peter Morrison 37

INTERNATIONAL TRADE CORRUPTION MONITOR edited by Jeremy Pope & Fritz Heimann 38THE NAFTA ARBITRATION REPORTS edited by Chris Thomas & Cameron Mowatt 38

THE WEEKLY TRADE GLOBE edited by Coudert Brothers 40

INTERNATIONAL ENVIRONMENTAL LAW TITLES

BOOKS

BADLANDS: ESSENTIAL ENVIRONMENTAL LAW FOR PROPERTY PROFESSIONALS by Clare Deanesly, ChrisPapanicolaou & Angela Turner 42

COMPETITION LAW & THE ENVIRONMENT by Timothy Portwood 42CONSERVATION POLICY DIRECTIONS: AN ANNOTATED DIGEST OF RECENT PAPERS BY THE ROYAL

SOCIETY FOR THE PROTECTION OF BIRDS edited by David Pritchard 42CONSTRUCTION LAW & THE ENVIRONMENT by Steven Francis, Sarah Shemmings & Paul Taylor 43

ENVIRONMENTAL CONFLICT RESOLUTION edited by Christopher Napier 43ENVIRONMENTAL CRIME by Fiona Darroch & Peter Harrison 44

ENVIRONMENTAL IMPACT ASSESSMENT: LAW & POLICY - MAKING AN IMPACT II by William Sheate 44ENVIRONMENTAL INFORMATION: LAW, POLICY & EXPERIENCE by Gisele Bakkenist 44

ENVIRONMENTAL LIABILITY INSURANCE by Nick Lockett 45ENVIRONMENTAL RIGHTS: LAW, LITIGATION & ACCESS TO JUSTICE edited by Sven Deimann &

Bernard Dyssli 45INTEGRATED POLLUTION CONTROL by Pamela Castle & Helen Harrison 46

INTERNATIONAL ENVIRONMENTAL IMPACT ASSESSMENT: EUROPEAN & COMPARATIVE LAW AND

PRACTICAL EXPERIENCE edited by ELNI 46LENDER LIABILITY: ENVIRONMENTAL RISK & DEBT by John Jarvis QC & Michael Fordham 46

POLLUTION & PERSONAL INJURY: TOXIC TORTS II by Charles Pugh & Martyn Day 47REINTERPRETING THE PRECAUTIONARY PRINCIPLE edited by Tim O’Riordan, James Cameron &

Andrew Jordon 47THE ROLE OF ENVIRONMENTAL AGREEMENTS edited by ELNI 48

INTERNATIONAL CRIMINAL LAW TITLES

BOOK

THE LAW OF EXTRADITION & MUTUAL ASSISTANCE by Clive Nicholls QC, Clare Montgomery QC &Julian Knowles 49

JOURNAL

INTERNATIONAL CRIMINAL LAW REPORTS edited by Helen Malcolm & Rodney Dixon 50

FORTHCOMING TITLE:

WILDLIFE LAW: CONSERVATION AND BIO-DIVERSITY

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Please refer to our website: http://www.lexmercatoria.org regularly for updates and future titles, orcontact us direct.

SUBJECT TRADE LAW

ANATOMY OF A TRADE

DISPUTE: A DOCUMENTARY

HISTORY OF THE KODAK - FUJI FILM

DISPUTE

By James P. Durling

Although there have been many tradedisputes adjudicated before the WTO, thebattle between the United States and Japanover consumer photographic film standsout as a landmark struggle. Known morepopularly as the “Film Dispute” or the“Kodak-Fuji Dispute”, this particular tradeconflict received an unprecedented amountof media, academic, and internationalattention. The impact of this case continuesto reverberate, as different interests havecited it for the various lessons that have tobe learned.

The Film Dispute represents a textbookexample of a trade policy battle. Thecombination of two fierce commercialrivals, contentious cutting edge policyissues, intensely disputed facts, aggressiveadvocacy, and two determined govern-ments all make this an ideal case-study toanalyse the different elements and evolvingdynamics of a trade policy battle. Indeed,the Film Dispute has already inspired anumber of formal and informal studies inclassrooms worldwide. In a remarkabledisplay of interdisciplinary interest,professors have taught this case in lawschools, business schools, public policyprograms, and even in undergraduate andgraduate political science courses.

James P. Durling, one of America’s leadingprivate practitioners - who advised theJapanese side throughout this case - has

now written the definitive history of theFilm Dispute, describing in detail both itsSection 301 and WTO phases. Weavingtogether the substantive arguments of theprivate companies, the positions of the twogovernments, and the role of publicrelations and politics, the author reveals thecomplex interplay of the various dimensionsof trade policy battles. He combines selectedexcerpts from key documents with hisperspectives as an inside observer of thedispute and illuminates its many differentdimensions. He also places the issue in thebroader context of Section 301, WTOdispute settlement, and the history of U.S.-Japan trade conflicts.

Anatomy of a Trade Dispute distills theessence of familiar documents, but alsopublishes for the first time various keydocuments from the Film Dispute, such asunadopted Congressional resolutions,letters between the governments, andquestions posed by the WTO panel hearingthe 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’ atthe time will find new documents andinsights in this work.

This volume belongs on the shelves of allthose 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/$145.00

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SUBJECT TRADE LAW

A COMPETITION POLICY FOR THE

WTOBy Dr. Philip Marden

To prevent business practices fromrestricting trade, governments areconsidering how best to develop a globalframework of competition rules. Formalproposals have been made for Members ofthe World Trade Organisation to undertakebinding commitments to ban cartels, co-operate in international law enforcementand enforce their competition laws in a non-discriminatory manner. In this refreshingand highly readable book, however,competition law practitioner PhilipMarsden finds that many of thesecommitments are likely to prove irrelevant,if not actually harmful. They would addnothing to - and could take much awayfrom - commitments that already exist andhave precisely the same aim.

Philip Marsden recommends that thediscussion and negotiation of competitionrules at the WTO focus on the problemthat is most relevant to the interaction oftrade and competition policy. This is thefrequent allegation that competitionauthorities are tolerating exclusive businessarrangements that appear to excludecompetitors, and foreign competitors inparticular. This allegation was at the heartof the Kodak/Fuji Film trade case aboutaccess to the Japanese market, and alsounderlies a continuing difference of viewamong trade and competition authorities –particularly on either side of the Atlantic –about how successful companies should beallowed to be. Philip Marsden analyses thesedifferences through a colourful andinsightful examination of how the

European Commission and the Americanantitrust authorities reviewed the Boeing/McDonnell Douglas and GE/Honeywellmergers.

He then examines trade policy proposalsthat have been made to address thisdivergence. These recommend that WTOMembers either change their competitionpolicy analysis to pay more attention to theimpact that ‘efficient but exclusionary’arrangements have on trade, or simplyintroduce new regulation to provide foreigncompanies with an improved position intheir markets. Marsden’s ground-breakinganalysis explains how such changes wouldpull competition policy away from its corediscipline of protecting merit-basedcompetition, thereby distorting thecompetitive process and the efficient andequitable operation of the marketplace,without providing foreign competitors withthe meaningful access to new markets thatthey so desperately seek.

Marsden concludes by offering a frameworkof legal and economic reasoning for thereview of exclusionary arrangements, andof their toleration by competitionauthorities, which accords with the aims ofboth trade and competition policy. Thiswill help the two often conflicting aspectsof trade and competition policy to finallywork together to address truly harmfulbusiness conduct, without depriving trulysuccessful companies of the fruits of theirlabours. As Lord Brittan says in hisForeword to the book, “Marsden’s thoughtfulanalysis and original and interesting positiveproposals go well beyond current thinking.Competition officials, trade negotiators anddispute settlement panellists as well as

SUBJECT TRADE LAW

academics and the heads of companies thatare seeking better access to foreign markets willall find this book absorbing and stimulating.It is based on deep knowledge and study andmerits serious consideration and discussion.”

ISBN: 1 874698 58 9 • Hardback• 392pp • 2003 • @ £125.00/$212.00

A CROSS-SECTION OF WTO LAW

By Marco Bronckers

Marco Bronckers has been practisinginternational trade law for 20 years. He isalso professor of WTO and EC externaltrade relations law at the University ofLeyden. This book provides a cross-sectionalview of the legal issues that are at theforefront of WTO developments, andcontains essays in the following subjects:

- Rethinking the ‘Like Product’Definition in WTO Law: Anti-dumping and EnvironmentalProtection (co-authored withNatalie McNelis)

- Rehabilitating Antidumping andother Trade Remedies throughCost-Benefit Analyses

- Telecommunications Services andthe World Trade Organisation, (co-authored with Pierre Larouche)

- The Impact of TRIPS:Intellectual Property Protection inDeveloping Countries

- The Exhaustion of Patent Rightsunder WTO Law

- The Position of PrivatizedUtilities under WTO and ECProcurement Rules

- Fact and Law in Pleadings Beforethe WTO Appellate Body (co-authored with Natalie McNelis)

- Outside Counsel in WTO DisputeProcess (co-authored with JohnJackson).

- Private Participation in theEnforcement of WTO law: TheNew EC Trade Barriers Regulation

- Better Rules for a New Millennium:A Warning Against UndemocraticDevelopments in the WTO

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

A WTO GUIDE FOR GLOBAL

BUSINESS

Carol C. George & Stephen J. Orava

No global enterprise can afford to ignorethe regulation of international trade by theWorld Trade Organisation (WTO).Companies must comply with the laws thatapply in their home markets and those thatapply wherever else they do business. Over140 Member countries of the World TradeOrganisation have now establishedinternational rules to define howgovernments can regulate trade throughtheir national legal systems.

Currently in effect in over 140 countries,WTO rules have a direct impact onvirtually all trade in goods, the internationalprovision of services and the protection ofintellectual property rights. These rulesprovide businesses with access to newmarkets and improved competitiveconditions in existing ones. Enterprisesconducting business across borders should

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SUBJECT TRADE LAW

therefore maximise the business advantagesof operating with the WTO system andminimise any aspects of the WTO rules thatare contrary to their interests.

As WTO rules continue to develop, thereis still an opportunity to influence theirformation. A ‘proactive’ business will pursuenew and favourable disciplines or seek tolimit developments that are potentiallydetrimental. Those who understand andwork with the WTO rules will be far aheadof their competitors who do not. Thosewho fail to consider future developmentswill certainly lose out to the industry leaderswho seek to shape the rules.

The purpose of this book is to providebusiness people with an introduction to theworld trading system as well as a referenceguide to the implementation of WTO rulesand access to resources and remedies in themajor trading jurisdictions around theworld. Addressing countries individually,each chapter is prepared by local experts ininternational trade and WTO law. Thebook as a whole is closely coordinated tofacilitate ease of reference and comparisonof the methods by which the WTOagreements are incorporated into domesticlaw and the procedural routes available foraddressing WTO-related interests in thevarious jurisdictions.

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

- the national context for tradeliberalisation including theconstitutional perspective on

international law and details ofWTO membership;

- the WTO agreements in nationallaw, and in particular the questionof direct effect and theimplementing legislation that hasbeen enacted or is anticipated;

- WTO law in the courts, whichconsiders the impact of WTOlaw when in conflict with laws ofnational origin, its influence injudicial interpretation ofdomestic law and whether privatecomplaints may be grounded onthe WTO agreements, eitherdirectly or as implemented innational law;

- private WTO complaints, whichdirects industry participants toresources and procedures toensure that their interests areaddressed in the appropriateinternational forum, includingthe dispute settlementmechanism of the World TradeOrganisation.

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 theleading experts in the field, will providethe reader with a clear understanding ofrecent experience, current cases, and futureissues relating to dispute settlement in the

SUBJECT TRADE LAW

WTO. Based upon the first three and ahalf years of experience with the DisputeSettlement Understanding (DSU), and inparticular, the recently established Panel andAppellate Bodies, this surveys the manyconsiderations in bringing a case before theWTO. Written by practitioners, includingthe current Director of the Appellate Body,this volume will be essential for anyonewishing to understand the importance ofthe developing jurisprudence of WTOPanels and the Appellate Body.

ISBN: 1 874698 51 1• Hardback• 421pp • 1998 • @ £85.00/$145.00

THE DRAGON AWAKENS: CHINA’SLONG MARCH TO GENEVA

By Sean Leonard

The ideas behind the work first originatedat the 1st WTO Ministerial Conference heldin Singapore in late 1996. Now, in lateNovember 1999 this book will never bemore topical, having predicted China’s “longmarch” finally coming to an end. Hindsightconfirms that this multi-faceted account isnot only prophetic, but must now becomean essential reference tool for anyoneinvolved with the World TradeOrganisation, be they global tradeprofessional, academic, government official,business executive or even informed citizen.

The Dragon Awakens can offer a diversereadership vital information on two levels:By charting China’s quest to join the globaltrading system, it acts as a compendium ofessential background information that willhelp explain China’s accession to the WTO.

On a second level, the ramifications of thisaccession are explored. Crucially, this willallow readers invaluable insights into thefuture functioning of the WTO withChina as a member.

Sean Leonard conducted extensive research,and numerous first-hand interviews withtrade officials of China and its principaltrading partners. His detailed narrativecovers the increasingly productive bilateraland multilateral negotiations that havetaken place in Beijing, Brussels, Geneva,Tokyo and Washington over the last years.The book traces China’s original efforts tobecome a contracting partner to GATT ’47,explores China’s ‘resumption argument’and focuses upon the substantive tradeissues which concern China’s principaltrading partners in the final stages of thenegotiations for China’s WTO entry.

The Dragon Awakens contains excellentanalysis of the contemporary Chinese legalsystem in the context of WTO and GATT’94 requirements and compatibility. Thatstated, much attention is also paid to howthe geopolitical, economic and securityconcerns of China and its principal tradingpartners have affected the negotiations forChina’s WTO accession.

A unique feature of the work is its extensiveexamination of the provisions of the actual“WTO Draft Protocol on China”, theinternational agreement that will serve asthe basis for China’s WTO membership,especially in the next few years. Thisdocumentation will be of paramountinterest, particularly as it is rarely availableto the public. The reader will gain genuine

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SUBJECT TRADE LAW

insight into the varied concerns of theglobal community with the integration ofChina’s rapidly evolving economy.

Finally, The Dragon Awakens covers thethorny issue of Hong Kong’s separate WTOmembership, and the ironic position ofTaiwan having a pending application toaccede. Also provided is analysis of thecomplicating effects China’s membershipwill have on the WTO’s dispute settlementmechanism, particularly as it will beconsidered a developing country WTOmember, and therefore be entitled to lessstringent and accelerated rules.

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

ECONOMIC SANCTIONS REPORTS

Edited by the International Law Group,Clifford Chance

Economic sanctions affect every aspect ofinternational business. The EconomicSanctions Reports, a two volume guide toeconomic sanctions, edited by theInternational Law Group of CliffordChance, draws together the documentsneeded to understand and comply with allthe economic sanctions currently imposedby the United Nations, the EuropeanUnion, the United Kingdom, and theUnited States.

Volume One of the Reports contains thesanctions materials needed to understandand comply with the economic sanctionscurrently imposed by the United Nations,the European Union, the United Kingdomand the United States on:

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

Volume Two of the Reports contains thesanctions material needed to understandand comply with the economic sanctionscurrently imposed by the United Nations,the European Union, the United Kingdomand 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 legislationadopted by the European Union, theUnited Kingdom and the United States.Whether you are looking for informationon: the asset freeze and trade embargo onIraq or Libya; arms, diplomatic and travelsanctions against Sudan; US legislation onCuba including the Helms-Burton Act; EUblocking legislation; or any bar on financialtransactions with the FRY and Serbia, youwill find it here. Corporations and financialinstitutions operating in the United States,the European Union and the UnitedKingdom and their foreign subsidiarieswhich are involved in or contemplatingtransactions in any of these countries mustbe aware of, and comply with, thesesanctions or risk heavy fines. These volumes

SUBJECT TRADE LAW

are essential reference material if you or yourclients are doing business with anyinstitutions or businesses which operate inthe sanctioned countries.

Readers will also benefit from a subscriptionto our quarterly service, Economic SanctionsReporter (See page 26). This Reporter willprovide regular updates with all newdocumentation relating to the sanctionscovered in Volumes One and Two of theReports and any newly sanctioned countries.It will also contain detailed analysis andinterpretation of the impact of newdevelopments on the current sanctionsregimes.

Economic Sanctions Reports Vol 1 ISBN:1 874698 37 6 • @ £125.00/$212.00Economic Sanctions Reports Vol 2 ISBN:1 874698 42 2 • @ £125.00/$212.00

ENFORCEMENT OF INTERNATIONAL

ARBITRATION AWARDS:THE NEW YORK CONVENTION OF 1958

By Domenico Di Pietro & Martin Platte

International disputes are increasinglyresolved by arbitration. One of theundeniable advantages of this is theconvenient international enforcement ofarbitral awards under the New YorkConvention, one of the most successfulinternational instruments ever.

Enforcement of International ArbitrationAwards is aimed at providing the reader witha comprehensive illustration and analysis

of the issues which arise through the processof recognising and enforcing internationalarbitration agreements and awards. Whilstnot neglecting the academic aspects of thesubject, the book focuses on the practicalproblems which may be encountered in thisarea of practice. This is achieved by athorough discussion of both the wellestablished body of case law, as well as moreprogressive and updated jurisprudence. Inaddition, every chapter contains a practicalsummary and a checklist.

Each chapter is devoted to a key provisionof the Convention. The analysis takes intoaccount the truly international nature ofthe subject and attempts to create awarenessand provide information as to how specificissues have been approached in differentjurisdictions. Therefore it may serve as anindicator of how the courts of otherjurisdictions are likely to treat these issues.

Despite the immense importance of theNew York Convention, there is surprisinglylittle literature devoted to this topic. Thisbook attempts to fill this gap by providinga comprehensive, comparative and easy-to-use guide to the recognition andenforcement of international arbitrationawards under the New York Convention.As such Enforcement of InternationalArbitration Awards is a must buy item forlegal practitioners and academics alike.

ISBN: 1 874698 97 X • Hardback• 288pp • 2001 • @ £125.00/$212.00

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SUBJECT TRADE LAW

ESSAYS ON THE FUTURE OF THE

WTO: FINDING A NEW BALANCE

Edited by Kim Van der BorghtAssociate editors: Eric Remacle

& Jarrod Wiener

Since its establishment in 1995, the WorldTrade Organisation has been the focus ofattention in international governance. TheWTO is both despised and admired. It hasserved as the lightning conductor forworldwide protests against a one-sided formof globalisation. It is despised as anorganisation that strives for globalmembership but advances mainly or solelythe interests of its richest members. It isaccused of undermining internationalhuman rights, promoting environmentaldestruction and hampering social andeconomic development of the poorestcountries. Conversely, it is hailed as the mostadvanced international organisation. It isapplauded for the way it has managed toopen new markets and create greater wealth.Its dispute settlement system is praised forits efficiency and for being rule-based. Theorganisation is admired for having doneaway with power politics and havingreplaced it by a legal system where allmembers are equal, where economic,political or military power is not relevant.This collection of essays shows that the truthis not in the middle.

A broad range of topics is covered in thecollection by authors from a wide variety ofbackgrounds including trade diplomats,members from national administrations andinternational organisations, the judiciaryand academia. Tomás García Azcárate co-authored an essay with Marina Mastro-

stefano in which they explore theagricultural negotiations from a Europeanperspective with an emphasis on thetransatlantic relationship. Melaku Destawrote a critical assessment of agriculture inthe WTO from a developing countryperspective. Isikeli Mataitoga discussed theposition of developing countries in WTOnegotiations. Surya Subedi and JürgenKurtz analysed different aspects of therelationship between investment and traderegulation. The ‘linkages debate’ was furtherdeveloped by Michel Hansenne, lookingat the relationship between WTO and ILO,Sandrine Maljean-Dubois and Yun Zhoaexploring issues of health and environmentand Allan Rosas developing an argumentto introduce non-commercial values intothe World Trade Organisation throughArticle XX GATT. Dencho Georgievprovided an insight into the procedures andrealities of decision-making in the WTO.Finally, Chen Licheng and Kim Van derBorght discussed some of the challengesfaced by China in implementing its WTOcommitments.

The book is prefaced by Karel Van Miert,former European Commissioner forCompetition.

ISBN: 1 874698 49 X • Hardback• 360pp • 2003• @ £125.00/$212.00

ESSAYS ON THE INTERNATIONAL

TRADING SYSTEM:AN UNFINISHED JOURNEY

PRADEEP S. MEHTA

Pradeep S. Mehta has campaigned all hislife for a better world, through his writings

SUBJECT TRADE LAW

and his actions. Having established theConsumer Unity & Trust Society (CUTS)in 1984, Mehta has gained first-handknowledge about the impact ofglobalisation at both the grassroots andinternational level. This collection of essayson economic issues presents a dispassionateanalysis of the effectiveness of the inter-national economic system and of howeconomics affect the everyday lives ofpeople in developing countries. The papersoffer practical suggestions on how to benefitfrom globalisation, without underminingit, as well as a sound analysis of trade anddevelo-pment issues. However, Mehta is lessthan comfortable with the presentinternational economic order – highlycritical of the current state of affairs, hisdaring attitude will challenge bothbureaucrats and anti-globalisers. Indeed,both, advocates and opponents ofliberalisation from the North and the Southalike will benefit from its reading. Mehtaprovides a refreshing point of view fromthe Third World, backed up with the self-assurance that comes with knowing thatwhat is being done is only for the better.

ISBN: 1 874698 69 4 • Hardback384pp • 2004 • @ £125.00/$225.00

ESSAYS ON THE NATURE OF

INTERNATIONAL TRADE LAW

By Professor Robert E. Hudec

Robert E Hudec is the Melvin C SteenProfessor of Law at the University ofMinnesota Law School. He was AssistantGeneral Counsel to the Office of the SpecialRepresentative for Trade Negotiations. An

acknowledged expert on international tradelaw, he has lectured extensively and taughtat universities in Canada, China, France,Germany and Switzerland. This collectionof his more recent essays provides aninvaluable overview of developments in thesubject, from an author who has spent thelast 40 years working in the field, and whoseteaching and writing have proved to beamongst the most influential in the world.Areas covered include:

- The Nature of International TradeLaw

- Concepts of Fairness in Inter-national Trade Law

- Concepts of Discrimination inInternational Trade Law

ISBN: 1 874698 77 5 • Hardback• 396pp • 1999 • @ £75.00/$130.00

THE GENERALISED SYSTEM OF

PREFERENCES AND THE

WORLD TRADE ORGANISATION

Juan C. Sánchez Arnau

The generalised system of preferences andthe World Trade Organisation is the resultof a detailed research on the GSP, one ofthe few instruments adopted by theindustrialised countries to promote exportsfrom the developing world.

The future of the GSP lies in theforthcoming multilateral trade negotiations.By launching the new round ofnegotiations on a further reduction ofimport duties, the Ministerial Declarationadopted in Doha reduces the scope of thepreferential treatment but at the same time,

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SUBJECT TRADE LAW

it emphasises that the WTO seeks to placethe needs and interests of the developingcountries “at the heart of the WorkProgramme”.

Although the Ministerial Declaration makesno specific reference to the GSP or to“preferential treatment”, it specifically refersto all the legal elements that permit suchpreferences, thus opening the door to theutilisation of the GSP or similar measures aspart of the final results of the new round.

The GSP was also used as a model todevelop a number of similar preferentialsystems, such as the EU-Andean countriesprogramme, the US Caribbean BasinInitiative and the Canadian Trade andInvestment Caribbean Programme andmore recently the US African Growth andOpportunity Act. The GSP is also calledupon to play an important role in therestructuring of the EU agreement with theAfrican, Caribbean and Asian countries (theACPs).

This book gives an analysis on how the GSPwas implemented and applied throughoutthirty years and the impact that it has hadon the exports and industrialisationprocesses of the beneficiary developingcountries.

It has been divided into three parts:- An analysis of the preferential trade

theory including the presentationand discussion of a modelrepresenting this type of trade andthe role of the effective protectiontheory in order to understand itseffects.

- The structure of protection in theindustrialised countries, in the lightof the objectives of the GSP andthe above-mentioned theoreticalmodel, thus bringing the initialtheoretical analysis in line with thereality of the problems associatedwith international trade.

- An overall picture of the changes inthe world economy and the tradepolicy of the industrialised countriessince the GSP was put into effect.The changes brought about in thestructure of international tradeduring that same period.

- A detailed analysis of the preferentialschemes of the differentindustrialised countries and thereasons that help to explain whypreferential treatment has had sucha limited impact on the beneficiarycountries’ exports.

The future of the GSP in the current trendof significant reductions in customs tariffsfor industrial products.

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

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'It is the best empirical thesis I have everread...it includes an analysis of internationaltrade that is extremely far-reaching.'Prof. Heinrich Borstis,Universities of London and Fribourg'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 enEconomie de l’espace of the University ofFribourg

ISBN: 1 874698 98 8 • Hardback• 300pp • 2002 • @ £75.00/$130.00

THE GLOBAL MERGER

NOTIFICATION HANDBOOK

FOURTH EDITION

editors: David J. Laing &Samantha J. Mobley

Executive Editor: Luis A. Gómez

The Global Merger Notification Handbookis a compilation of information about themerger control laws of over 70 countriesworldwide.

The fourth edition of the Handbook, likethe earlier editions, is written by, and for,practicing lawyers. It was prepared underthe leadership and supervision of Baker &McKenzie, the world’s largest law firm, anddraws on contributors’ extensive hands-onexperience of dealing with merger controlregimes around the world.

The pace of enactment and modificationof the numerous and diverse mergernotification laws around the world, has

resulted in a new edition of the Handbook.Highlights of the Fourth Edition include:

- a new Foreword by Philip Lowe,Director General of Competition atthe European Commission

- new chapters on the merger controlrules of countries not previouslycovered, such as Bosnia-Herzegovina, China, India, Jordanand Namibia

- coverage of the recent amendmentsto the merger control laws in severalcountries, including the UK, as wellas extensive coverage of the mergercontrol reform process in theEuropean Union

The fourth edition retains its authoritativeand comprehensive survey of merger controlrules worldwide, providing all the relevantinformation in an easy to use format. It isan invaluable tool for any in-house counselinvolved in conducting multi-jurisdictionalmerger control analyses.

- Includes CD-Rom version of the en-tire Handbook, allowing for easydownloading.

- Quick Reference Guide at the begin-ning of the Handbook, setting outthe basic filing thresholds and tim-ing implications of the merger con-trol process in each country.

- Tabulated format, providing easyaccess to the information about eachcountry.

- Includes both a summary of themerger control rules and the legisla-tion itself for nearly every country.

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The global merger notification handbook -Fourth Edition will enable a company’s in-house teams, investment bankers, andlawyers to carry out an immediatepreliminary assessment in order todetermine the number and kind of mergernotifications that will be required in respectof any multinational merger. The hours ofresearch saved on just one transaction willmore than cover the cost of this practicaland easy to use Handbook.

“This publication (…..) stands as one ofthe most invaluable information sources forthose (….) involved in merger control.”Philip Lowe, Director General ofCompetition, European Commission

“A useful and informative book thataddresses an important topic for antitrustpractitioners.”Mark Whitener - Antitrust Counsel, GE

“This is a wonderful book. It sets forth thebasic information on merger notificationand procedures, followed by the languageof the statutes themselves (…) in a conciseand readable way.”Eleanor Fox-Walter J Derenberg Professor ofTrade Regulation at the New York UniversitySchool of Law, and member of the US JusticeDepartment’s International CompetitionPolicy Advisory Committee

ISBN: 1 874698 54 6 • / Loose-leaf,CD-ROM included • @ £195.00/

$330.00

THE GOVERNMENT PROCUREMENT

AGREEMENT HANDBOOK

Edited by MGK International TradeConsultants

Purchasing by governments and publicsector agencies is a very important source ofbusiness for many companies. The marketfor such public procurement is increasinglyglobal in nature. EU businesses need tounderstand the opportunities offered bythe Government Procurement Agreement(GPA). As a result of the GPA, enhancedtransparency and access to majorinternational procurement opportunities isavailable to EU companies:

- The GPA handbook offers businesspeople interested in selling goodsand services to the public sectordetailed commercial informationabout the main purchasers in keyjurisdictions.

- The handbook provides points ofcontact and data on purchasingrecords and intentions for majorpurchasing entities in the USA,Canada, Japan, South Korea,Switzerland, Norway and Israel.

- The handbook also explains theinternational rules which each ofthese countries are bound to followin making their purchasingdecisions. These rules are set out inthe Government ProcurementAgreement (GPA), which is one ofthe agreements covered by theWorld Trade Organisation (WTO).

ISBN: 1 874698 72 4 • Softback• 227pp • 1998 • @ £30.00/$50.00

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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 ideathat a substantial reform of the GATT/WTO system of dispute settlement maybenefit from the insights and lessons to bederived from the practice of otherinternational courts. Improving WTODispute Settlement Procedures is a valuablevade-mecum through the ongoing debateon how best to find, interpret and applythe rule of law in multilateral trade relations.Searchingly analytical papers from eminentspecialists, academics and legal practitionersexamine various procedural aspects of theGATT/WTO system of dispute settlement.Equal focus is brought to bear uponcomparable dispute settlement proceduresused by the International Court of Justiceand by the European Court of Justice.

Academic teachers and students of the Lawof International Organisations, of EuropeanCommunity Law and of InternationalEconomic and Trade Law, will benefitgreatly from this book. Similarly, legalpractitioners seeking to establish themselvesin the rapidly expanding field ofinternational trade law can ill afford toignore it.

Contributors Include:-Dr Bernhard Jansen -K.P.E. Lasok QC -Allan Rosas -John A. Usher -RichardPlender QC, LLD -Daniel Bethlehem -James Cameron & Stephen J. Orava -

Theofanis Christoforou -JacquelynMacLennan -Sir Arthur Watts KCMG, QC-Peter Van Den Bossche -Ernst-UlrichPetersmann, Marco Bronckers & NatalieMcNelis -Melchior Wathelet -Robert E.Hudec -Christine Gray

ISBN: 1 874698 03 1 • Hardback• 430pp • 2000 • @ £85.00/$145.00

INTERNATIONAL COMMODITY

ORGANISATIONS IN TRANSITION

Edited by Erik Chrispeels

International commodity organisations areunder stress as a result of changes ineconomic policies and the politicalenvironment. The discontinuation ofgovernment sponsored price supportmeasures on international commoditymarkets, and a diminishing interest incooperation for development betweenNorth and South have raised questions ingovernments of developed countries aboutthe role of public authorities in commoditymarkets, and the future of internationalcommodity organisations.

International Commodity Organisations inTransition is a timely response to thesequestions. This book offers new orientationsfor the future activities of internationalorganisations established to promoteinternational trade in commodities of exportinterest to developing countries, such ascocoa, coffee, sugar, jute or tropical timber.

Over thirty well-known experts fromaround the world, holding senior positionsin government, international commodity

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organisations, associations and academiahave contributed to this book. Theiranalyses propose new directions forinternational cooperation in commoditiesgrown or mined in developing countries.

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

THE EDITOR: Erik Chrispeels who was alegal adviser to many commodityconferences at the United Nations.

ISBN: 1 874698 09 0 • Hardback• 380pp• 2002 • @ £85.00/$145.00

INTERNATIONAL AND EU TRADE

LAW: THE ENVIRONMENTAL

CHALLENGE

By Geert Van Calster

In International and EU Trade Law: TheEnvironmental Challenge Dr Geert VanCalster undertakes an unbiased, thoroughanalysis of WTO Agreements and theirapplication to Trade and Environmentissues. Employing a carefully documentedapproach, the book examines whether theWTO leaves room for the environmentalpursuits of multilateral environmentalagreements; border tax adjustment;unilateral trade-related environmentalmeasures; eco-labelling; and state aid forenvironmental purposes.

International and EU Trade Law: TheEnvironmental Challenge, offers specific,non-rhetorical suggestions in each Chapter,and identifies a broader framework within

which the WTO will be able to tackle thosetrade and environment issues that areoutstanding. It is the most comprehensiveand analytically underpinned study to dateof a wide range of Trade and Environmentissues. It provides the reader, whetherpolitician, practitioner, civil servant,academic, student or activist, with acomprehensively sourced assessment of theWTO’s lenience for genuine environmentaland public health concerns.

ISBN: 1 874698 33 3 • Hardback• 590pp• 2000 • @ £110.00/$190.00

INTERNATIONAL LAW AS AN OPEN

SYSTEM

By James Crawford

This collection contains a selection of essaysand articles by a leading scholar andpractitioner in international law, coveringnearly two decades of re-flection andresearch.

Professor Crawford is Whewell Professor ofInternational Law in the University ofCambridge, Director of the LauterpachtResearch Centre for International Law, anda fellow of Jesus College, Cambridge. Hewas a Commissioner of the Australian LawReform Commission from 1982-1991where he worked on the recognition ofAboriginal customary laws, foreign stateimmunity and admiralty jurisdiction.Subsequently he was elected a member ofthe United Nations’ International LawCommission, serving for two terms from1991-2001; he was Chairman of theWorking Group for the Draft Statute for

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an International Criminal Court, a processwhich eventually led to the adoption ofthe Rome Statute of the InternationalCriminal Court, and from 1997 SpecialRapporteur on state responsibility,successfully guiding the Commissionthrough the second reading of the Articleson the Responsibility of States forInternationally Wrongfully Acts,culminating in their adoption in 2001. Amember of the New South Wales andEnglish Bars, he has an extensiveinternational practice as counsel andarbitrator in matters relating to internationallaw.

The writings cover a wide variety of topicsrelated to international law, ranging fromthe nature of the international legal system,self-determination, the democraticentitlement in international law, statesecession and state succession, to the natureof the codification process within theInternational Law Commission. Alsoincluded are Professor Crawford reflectionson his work as a member of the AustralianLaw Reform Commission.

The section on International Responsibilityis an invaluable collection of materials by auniquely qualified writer on a central topicof international law, elaborating on manyof the key problems that confronted theInternational Law Commission during thecompletion of its work on state responsibilityand providing a comprehensive overviewof the final stages of the process.

ISBN: 1 874698 14 7 • Hardback• 596pp • 2002 • @ £125.00/$212.00

INVESTMENT & COMPETITION ININTERNATIONAL POLICY

PROSPECTS FOR WTO LAW

Ahmad K. Masa'deh

• Investment & Investors in the InternationalSphere

• Balancing Investment Liberalisation againstInvestors’ Conduct

• Regulating the Multinational

In the twilight of liberalising foreign directinvestment (FDI), where are we on investors’behaviour? This work covers various aspectsof the international law, both extant andproposed, to investment and competitionissues. It is concerned with the creation ofbinding multilateral rules that augmentinvestment freedom in the internationalsphere and at the same time regulate thebehaviour of foreign investors by way ofcurtailing restrictive business practices(RBPs). Its predominant argument is thata multilateral endeavour, that is only limitedto deregulating governmental measuresapplicable to investment projects, and whichignores the regulation of investors’ conduct,is likely to accord multinational enterprises(MNEs) greater leeway at the expense ofhost nations, particularly developing ones,which could unhinge their developmentprograms.

This work traces the historical causes forthe continuous failure to secure a balancedmultilateral instrument for investment andinvestors’ behaviour, an example of whichis the recent failure of the OECDMultilateral Agreement on Investment(MAI). It also examines the potentially

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restrictive nature of corporate conduct inorder to demonstrate the need forinternational rules for investors. Theanalysis is the outcome of a synthesis ofissues ranging from how investmentderegulation may negatively affect thepolitical and economic interests ofdeveloping nations, if it is notcomplimented with another effort thatcompels foreign investors to be ‘goodcorporate citizens, to the consequences ofthe extraterritorial application of the USand EC competition laws as a mechanismto regulate MNEs.

These questions, over which developedand developing countries have oftendisagreed, in addition to the immense heatwhich extraterritoriality generates, supportan urgent need to create multilateralharmonised rules for the liberalisation ofinvestment and the regulation of restrictivebusiness practices. In response to the DohaWTO Ministerial Declaration of 2001 tostart negotiations on investment andcompetition issues, the author suggets theenhancement of the World TradeOrganisation (WTO) and provides analysisas to how to utilize the mechanisms andfacilities of the WTO in order to embedinvestment and competition rules in amultilateral context.

ISBN:1 874698 39 2 • Hardback• 320 PP • 2003 • @ £95.00/$160.00

JUDICIAL APPROACHES TO TRADE

& ENVIRONMENT:THE EC AND THE WTO:

ALIAS THE COMPARATIVE DISADVANTAGE

OF DOLPHINS AND TURTLES

by Nicola Notaro

The present work is a comparison of theECJ decisions and GATT/WTO rulingsin the area of trade and environment. It isconstituted by three main parts:

Part I, composed of three chapters, dealswith the treatment reserved by the ECJ tothe trade and environment conflict.Chapter 1 introduces the context in whichthe free movement of goods andenvironmental policy interact in the EC.Chapter 2 analyses the ‘classicjurisprudence’ of the ECJ on trade andenvironment and tries to identify andexplain the conclusions it has offered andthe problems it has left open. Finally andmost importantly, chapter 3 analyses the‘new wave’ case-law of the ECJ in the samearea and tries to identify and explain thetrends and directions of this recentjurisprudential evolution.

Part II, on a similar path to Part I, expandsupon the GATT/WTO case-law on tradeand environment in three chapters.Chapter 1 introduces the context of tradeliberalisation in the WTO agreements andthe potential conflict with international aswell as national environmental regulation.Chapter 2 analyses the GATT juri-sprudence on trade and environmentpredating the birth of the WTO with itsnew Dispute Settlement Body. Finallyand, again, more importantly, chapter 3

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analyses the WTO jurisprudence in thesame area and attempts to explain thereasons for its important evolution.

Part III of the research, which is muchshorter, builds upon the analysisconducted in Parts I and II. It first stressthe different/similar approaches used bythe two judicial bodies at issue in relationto the same problem and then examinesthe possibility of cross-fertilisationbetween the two. Furthermore, theinstitutional and procedural changeswhich could help to improve the qualityand effectiveness of the ECJ and panels/Appellate Body’s decisions are dealt with.Finally, the outlook of the trade andenvironment debate in the WTO afterthe Doha Ministerial Conference ispresented and some conclusions aredrawn.

ISBN: 1 874698 19 8 • Hardback• 342pp • 2003 • @ £125.00/$212.00

THE LEGAL STRUCTURE &FUNCTIONS OF THE

WORLD TRADE ORDER

By Prof. Frieder Roessler

Frieder Roessler worked for the WorldBank and then for the GATT and theWorld Trade Organisation. In 1989 hewas appointed Director of Legal Affairs, apost which he held until 1995 when hejoined the faculty of law of GeorgetownUniversity in Washington, DC.

He has written extensively, mainly in thefield of international trade law. Thisselection of his essays puts the fabric of theworld trade order under intense scrutiny,highlighting the strengths and weaknessesin its composition and suggesting potentialremedies and improvements to it. Thepublication will doubtless provideinvaluable material for anyone involvedwith, studying or merely following the fieryand topical debate over the past, presentand future structure and function of theworld trade order. Topics covered include:

- “Law, de facto Agreements andDeclarations of Principle inInternational Economic Rela-tions”

- “The International Law Com-mission and the New InternationalEconomic Order”

- “The Concept of Nullification andImpairment in the Legal System ofthe World Trade Organisation”

- “The Rationale for Reciprocity inTrade Negotiations Under FlexibleExchange Rates”

- “The Constitutional Function ofthe Multilateral Trade Order”

- “Diverging Domestic Policies andMultilateral Trade Integration”

- “The Relationship between theWorld Trade Order and theInternational Monetary System”

- “The Relationship BetweenRegional Integration Agreementsand the Multilateral Trade Order”

- “Domestic Policy Objectives andthe Multilateral Trade Order:Lessons from the Past”

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

$145.00

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POLICING THE GLOBAL ECONOMY

Edited by Prince Sadruddin Aga Khan

Economy, Why, How and For Whom?’’took place in Geneva in March 1998. Theconference proved a genuine breakthroughin the highly charged debate on globa-lization. Notably, it saw the emergence of apossible ‘’Third Paradigm’’, reconcilingdominant dogmas and sowing the firsttentative seeds for a genuine meeting ofminds, as well as a more coherent vision ofthe future. Indeed, key personalities fromall sides of the debate voiced with renewedvigour the crucial need to counterbalancelegitimate economic and trade interests withan equally rigorous environmental , socialand ethical dimension. The fundamentalimportance of this delicate equilibrium wasforcefully echoed at the Ministerial Meetingof the World Trade Organisation (WTO)which took place in Geneva a few weekslater, particularly in keynote addressesdelivered by William Clinton, Tony Blairand Nelson Mandela.

ISBN: 1 874698 22 8 • Softback• 360pp • 1998 • @ £40.00/$70.00

THE ROLE OF GOVERNMENT ININTERNATIONAL TRADE -

ESSAYS OVER THREE DECADES

By Andreas F. Lowenfeld

The public law of international trade hasbeen a subject of much puzzlement, bothin regard to the relation of states to eachother and in regard to the relation ofinternational commitments to domesticlegislation. In the articles and reviews here

assembled, one of America’s leadinginternational lawyers explores and clarifiesboth parts of the puzzle.

Part I addresses the evolution of the GeneralAgreement on Tariffs and Trade (theGATT) from an ambiguous agreementamong a handful of states to a full-blowninternational organisation, the WTO. Thefocus is on the interplay betweenrulemaking, adjudication, and diplomaticsettlement of disputes, and on the lag ofremedies well behind the creation ofobligations.

Part II addresses bilateral accords such asthe Canada-U.S. Free Trade Agreement andin particular the search for disputesettlement mechanisms designed to subjectadministration of national laws tointernational scrutiny.

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

Part IV is devoted to economic sanctions.The essays address the U.S. response to theArab Boycott of Israel; the imposition ofmartial law in Poland and the Pipeline Crisisand the efforts of the United States toprevent its trading partners from tradingalso with Cuba.

Altogether the 22 essays, written in ProfessorLowenfeld’s graceful style, are not onlyinformative and thought-provoking, butare a pleasure to read.

ISBN: 1 874698 28 7 • Hardback• 410pp • 2000 • @ £85.00/$145.00

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TRADE AND AGRICULTURE:NEGOTIATING A NEW AGREEMENT?

Edited by Joseph A. McMahon

After the failure of the Ministerial meetingin Seattle a new round of agriculturalnegotiations was launched on March 24,2000 in Geneva. After the first meetingthe Director General expressed optimismthat a positive outcome would result fromthe negotiations. One of the purposes ofthis work is to assess the extent of theproblems that are to confront thenegotiators of a new Agreement onAgriculture.Part I of the book includes a chapter on thehistory of international trade regulation andagriculture before a prolonged discussionof the various issues to be raised in the newround of new negotiations. Chapter 2,written by two of the leading authorities inthis area, discusses three categories of issuesthat will be important in these negotiations.The first category is that of the “core”agenda, mandated by Agreement onAgriculture. The second category of issues,referred to as “new” issues, includes issuessuch as state trading, the administration oftariff rate quotas and the question of exportrestrictions. The final category of issues arethose that currently lie outside the scope ofthe Agreement on Agriculture itself. Theposition of developing countries is thenaddressed, the conclusion offered is that thelatest round of negotiations offers probablythe best prospects ever for developingcountries in general, and their ruralcommunities in particular, to securegrowth-enhancing reforms. This includesa number of policy options for the futureagenda of the WTO, which would entail a

much more co-ordinated effort involvingthe WTO and international developmentfinance institutions than has been the caseup to now.

Part II examines the emergence of the DSUas a single, integrated system for thesettlement of disputes. Separate chaptersaddress the DSU, the question ofdeveloping country practice under the DSUand disputes involving the Agreement onAgriculture.

Part III is devoted to a number of issuescurrently outside the scope of the existingAgreement. This part begins with adiscussion of the issue of Labour Rightswhich is particularly appropriate given thedisruption of the Seattle meeting by theemerging movement against the globalexpansion of capitalism and continues withanother difficult area for the WTO, namelycompetition. The next three chaptersexamine problems arising from the interfacebetween Intellectual Property Rights andagriculture. This includes separate chaptersaddressing the issues of biotechnology, theprotection of intellectual property rights inplant varieties and the extent to which theemergence of genetically modifiedorganisms is generating policy reactionswhich may lead to trade disputes in theWTO. The final two chapters of thecollection address the issue of trade and theenvironment.

ISBN: 1 874698 81 3 • Hardback• 483pp • 2001 • @ £95.00/$160.00

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TRADE & THE ENVIRONMENT:BRIDGING THE GAP

Edited by James Cameron & AgataFijalkowski

The implementation of multilateralenvironmental agreements in trade and non-trade related measures has been a significantpart of the ongoing debate on trade andenvironment. One of the most challengingtasks faced by practitioners in this area hasbeen to find a way to combine economicdevelopment and environmental goals atboth the regional and international levelsin a balanced and effective way. This digestemphasises the most pertinent aspects ofthe trade and environment debate. Theselection of essays is based on presentations,or adapted versions thereof, given at theconference on “The Implementation ofMultilateral Agreements: Ways and Means”,organised by the T.M.C. Asser Instituutand the Ministry of Housing, SpatialPlanning and the Environment of theNetherlands on 15-16 September 1997 inThe Hague.

ISBN: 1 874698 17 1 • Softback• 190pp • 1998 • @ £40.00/$70.00

TRADE & THE ENVIRONMENT:THE SEARCH FOR BALANCE

Edited by James Cameron, Paul Demaret &Damien Geradin

Following the creation of the WTO, aspecial committee on Trade & Environmentwas set up. This reported its findings to the

intergovernmental meeting in Singapore inDecember 1996. Further reports will bemade to the intergovernmental meeting inKyoto in December ’97. The competingsystems of trade liberalisation andenvironmental protection have beenfraught with disagreement overfundamental principles and objectives.However, since UNCED 1992, a consensusis beginning to emerge on how a balancebetween these vital policy objectives can bestruck. Co-published by the Foundationfor International Environmental Law andDevelopment and the Institut d’EtudesJuridique Européennes and edited byProfessor Paul Demaret, James Cameronand Damien Geradin, this is a collection ofthoughtful and imaginative essays on law,policy and economics by the pre-eminentindividuals in the field, backed by theessential documents needed for successfulpractice. Volume I is a new collection ofessays which present a cogent and thoroughanalysis of a range of complex legal, politicaland economic issues arising from theinteraction of free trade and environmentalpolicies. The challenges posed by theinternationally recognised need for theintegration of free trade with environmentalvalues is examined from a number ofperspectives, including that of sustainabledevelopment and the new multilateralorganisations that have been spawned as aresult of the agreement. Volume II providesa comprehensive collection of primarymaterials which support the key referencesin the first volume. All the relevant EU,US, NAFTA and the latest GATT materialsare made available. A valuable companionvolume, it provides the reader with an easy

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reference to all materials examined in thefirst volume.

ISBN: (Vol 1 & 2) 1 874698 55 4• 2 Volumes Hardback • 1200pp • 1994

• @ £155.00/$275.00

TRADE & ENVIRONMENT LAW &POLICY: INTRODUCTION, CASES

AND MATERIALS

Edited by James Cameron, Mark Jacobs &Geert Van Calster

The trade & environment issue hasremained highly contested, politicallycontroversial and a source of intellectualfascination. Despite extensive discussionswithin the WTO, in the Committee onTrade & Environment, at the Commissionon Sustainable Development and innumerous non-governmental organisationdialogues, issues of outstanding importanceto businesses, government and civil societyremain unresolved. Significant publicprotest in Seattle about the negative affectsof globalisation on the environment,frustrations about the failure to resolve thetechnical issues at the heart of the demandfor integration of environmental concernsinto the trading system, together withdisputes such as trade in geneticallymodified organisms, hormone-fed beef,turtles caught through the harvesting ofshrimp and the introduction of alien specieshave all raised awareness of the fundamentalimportance of the trade and environmentissue. Resolving the legitimacy ofenvironmental barriers to trade based uponthe precautionary principle is a billion dollarquestion for business.

This book builds upon Trade andEnvironment: The Search forBalance published by Cameron Mayin 1994. That was a collection ofessays by leading publicists, togetherwith a collection of documents.With so much activity, not least inthe dispute settlement body of theWTO, it was important to updatethat publication. Ultimately wedetermined that there was no needfor a further collection of essays butthat an authoritative introduction tothe essential documents would benecessary.

The introduction provides the rightamount of information for those who wantto gain a basic understanding of the tradeand environment debate, and also providesa guide to those who are familiar with thecritical issues and simply want to be broughtup to date and pointed to the content ofthe cases and materials.

Anyone working in and around the tradeand environment debate, whether they bepolicy analysts, lawyers, governmentrepresentatives, NGO campaigners, trademanagers in major multinationals, advisersin and to trade associations as well asacademics, researchers and students, willfind the documentation invaluable. It is up-to-date, completely comprehensive and hasbeen carefully edited.

ISBN: 1 874698 18 X • Loose Leaf• 1999 • @ £195.00/$330.00

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TRADE AND FREEDOM

James Bacchus

Trade and Freedom by James Bacchus is acollection of essays that present for the firsttime publicly many of the thoughts of theformer Chairman — and longest-servingMember — of the Appellate Body of theWorld Trade Organization in Geneva,Switzerland.

In 1995, Bacchus became one of the sevenfounding Members of the Appellate Body— the highest court in world trade, andthe tribunal of final appeal in WTO disputesettlement. In December 2003, hecompleted eight years and two terms as theonly American — and the only remainingfounding Member — on the AppellateBody. He was twice appointed to thetribunal by consensus of the Members ofthe WTO, and was twice elected Chairmanof the Appellate Body by his six colleagues.

Bacchus has judged more WTO disputesthan any other international jurist. He is aformer Member of the Congress of theUnited States, and a former Special Assistantto the United States Trade Representative.Having completed his service at the WTO,he is now Chairman of the Global TradePractice Group of the 1200-memberinternational law firm of Greenberg Traurig,P.A. He is also a professor of law atVanderbilt University Law School. Hisbook was written while he served on theAppellate Body.

Trade and Freedom is a book of reflectionsthat draws extensively on the uniqueexperience of the author’s eight years in

Geneva at the WTO. The book is in twoparts. In the first part — an extended essayentitled “Reflections of a Faceless ForeignJudge” — the author takes the readerbehind the closed doors of the WTO. Hegives “faces” to the “faceless judges,” andexplains “the philosophy of trade” thatinspires their service to the global tradingsystem. In the second part — a collectionof a dozen additional essays — he expandson the themes of the first part of the book,and offers additional insights into theongoing evolution of the trading system.Throughout the book, Bacchus explainsand emphasizes what he sees as the vitaland indispensable connection betweentrade and freedom.

ISBN: 1 874698 59 7 • Hardback• 513pp • 2004 • @ £125.00/$225.00

TRADE & INVESTMENT IN INDIA

By Linda Spedding

This book provides a timely analysis of thekey issues that assist appropriatedevelopment and project finance decisionsin India, paying particular attention to theregulatory and policy framework withregard to the principle that goodenvironmental management is alsoeconomically expedient. It covers the ‘new’India of opportunity: background andreform; areas of priority, public and privatesector interests; the meaning of projectfinance; the project objectives and choiceof vehicle; the likely parties, assessment ofliabilities; the environmental imperative;insurance; credit agreements; key sourcesof finance; sample terms and conditions;

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risk management; specimen BOT, BOOTarrangements, and the future developmentopportunities such as power, infrastructureand renewable energy resources. Illustratedwith practical examples (the author is asolicitor in London, an advocate of theSupreme Court in India, and an Attorneyat Law in New York), this title will beinvaluable to those interested in ProjectFinance in developing countries,environment and development lawyers,corporates and development agencies.

ISBN: 1 874698 06 6 • Hardback• 435pp • 1997 • @ £95.00/$175.00

TRADE AND

TELECOMMUNICATIONS

Edited by Mark Clough QC

Trade & Telecommunications is the mostcurrent book to address the implications ofthe global liberalisation of voice telephonyand other basic telecom services for theinternational telecommunications industry.With their focus on areas of potentialdispute, the team of authors is led byAshurst Morris Crisp partner, MarkClough, who is a leading EU trade,competition and regulatory specialist. Asolicitor advocate, he has considerableexperience of WTO dispute procedures.

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

- The European perspective hasbeen written by EuropeanCommission senior admi-nistratorMyriam Gonzalez Durantez, who

was a key member of the EU WTObasic telecoms negotiating team;

- The effect on the US market hasbeen contributed by KellyCameron, a partner at PowellGoldstein Frazer & Murphy. Hewas previously the leader of the USFederal Comm-unicationsCommission WTO basic telecomsteam during the three years leadingup to the signing of the agreement;

- Ted Ringrose, writing on theimpact on Asian telecomm-unications markets, was part ofthe Hong Kong Government’sWTO basic telecoms neg-otiationteam and prepared the HongKong schedule of commitments.

Trade & Telecommunications sets both theWTO basic telecoms agreement in theoverall context of the WTO institutionalframework and the general agreement ontrade in services, including the liberalisationof value added telecommunications services.In addition a separate chapter focuses onWTO dispute procedure, and includes anup-to-date table of WTO proceedings.

The WTO basic telecoms agreementprovides major commercial opportunitiesfor the international telecommunicationsindustry by opening up foreign markets tocompetition on the basis of equal treatmentwith national services and service suppliers.In particular, the agreement has provided abackbone for the liberalisation of domesticmarkets, illustrated by the total liberalisationof basic telecoms in Europe from 1 January1998. The agreement has also had a majorimpact on liberalisation of the domesticmarkets in the US and Asia. The regulatory

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SUBJECT TRADE LAW

paper adopted at the same time as theagreement contains the blue print for a levelplaying field and liberalisation guarantees.Entering into force in February 1998, theWTO basic telecoms agreement is one ofthe most important developments for theinternational telecommunications industryas it enters the new millennium.

ISBN: 1 874698 13 9 • Hardback• 307pp • 2001 • @ £95.00/$160.00

TRADE LAW AND GLOBAL

GOVERNANCE

By Steve Charnovitz

Bringing together 16 of his essays in onecollection, Steve Charnovitz demonstratesthe linkages among key issues in the currentdebates about globalisation. The Reviewsbelow speak for themselves:“Charnovitz is in a class by himself. Hisessays reflect both enormous scholarshipand a splendid policy sense. No matter howlearned you are, you can always read himwith profit on the many problems facingthe world trading system today.This book is indispensable. Buy, borrow orsteal it: and then read and be enlightened.”Jagdish Bhagwati, University Professor,Columbia UniversityEconomic Policy Adviser to the DirectorGeneral, GATT (1991-93) & ExternalAdviser to the Director General, WTO*“Steve Charnovitz has been one of the mostprofound US analysts of international tradelaw, environmental law, labor law andhuman rights law over many years. Thisbook demonstrates his unique success in

explaining - from a democratic citizenperspective rather than from an outdatedstate-centered approach - the complexlinkage problems and governancechallenges in these vast fields of internationallaw and policy.”Ernst-Ulrich Petersmann, Professor of Law,European University Institute,Former Legal Adviser to GATT and WTO*“Trade and environment” and “trade andlabour” continue to be a challenge formultilateral and regional trade negotiations.This book will help to sharpen the policydebates on trade linkage.Professor Tommy Koh, Ambassador-At-Large,Ministry of Foreign Affairs, SingaporeDirector, Institute of Policy Studies, Singapore*“Steve Charnovitz’s Essays in Trade Law andGlobal Governance is a tour de force. Thevolume provides thoughtful and sweepingcoverage of a critical subject: the connectionbetween trade liberalisation and other policydomains, such as environmental protection,labor, and human rights.These linkages — and the WTO’s failureto deal with them — lie at the heart of thebacklash against globalisation. Charnovitznot only explains the problem but also spellsout where we might begin to look forsolutions . . . required reading for anyoneinterested in the globalisation debate ingeneral or reform of the trade regime inparticular.”Daniel C. Esty, Professor of EnvironmentalLaw and PolicyYale University, USA

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

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UNDERSTANDING THE WTOANTI-DUMPING AGREEMENT:NEGOTIATING HISTORY &

SUBSEQUENT INTERPRETATION

James P. Durling & Matthew R. Nicely,

As normal tariffs and the various non-tariffbarriers to trade are phased out throughoutthe world under the various agreements ofthe World Trade Organisation (WTO),more and more countries are turning to“sanctioned” forms of import protection.By far the most common of these are themeasures permitted under the Agreementon Implementation of Article VI of theGeneral Agreement on Tariffs and Trade1994 — more commonly known as theAnti-Dumping Agreement. Anti-dumpingmeasures have become the protectionist toolof choice, given the ubiquitous yet largelyinnocuous act of inter-market pricediscrimination, combined with therelatively low “material injury” threshold thatmust be met in order to justify thesemeasures.

Few issues in the history of the GATT andWTO have triggered as much sustainedinterest and controversy as the issue of“dumping” and the appropriate responseto this so-called “unfair trade” activity underinternational regulatory law. Most recently,the continuing controversy over whethereven to put anti-dumping on the agendafor the new Doha Development Roundthreatened to derail the whole effort. Havingobtained the right to counteract dumping,active users of anti-dumping measuresvigorously defend what many view as anend-run around the fundamental principles

of the GATT. Few other trade issues havesuch a long and controversial history.

In their book Understanding the WTO Anti-Dumping Agreement: Negotiating Historyand Subsequent Interpretation, Jim Durlingand Matt Nicely provide a much-neededresource to explain to practitioners, nationalauthorities, and scholars the detailed historybehind the various provisions of thisimportant agreement. It is also the hope ofthe authors that their book will prove usefulto WTO Member nation negotiators as theyseek to find ways to improve on the existingagreement during the course of DohaRound.

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

- a summary of the changes madefrom the Tokyo Round Code,including where relevant a blacklineversion to highlight materialchanges to the text;

- excerpts from the seven differentnegotiating drafts on the way to thefinal Uruguay Round text,including where relevant a blacklineversion to highlight changes beingmade from version to version;

- excerpts from the various panel andAppellate Body decisionsaddressing each provision of theAgreement, through December 31,2001; and

- commentary about the negotiatinghistory of the underlying provision,the precedents to date, and theopen issues to be addressed in futurenegotiations or future disputesettlement.

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With all of these documents collected inone place, and with plans to provideupdated analysis of new precedent andcommentary, this book is a must for anyonewho considers themselves a student of theAnti-Dumping Agreement.

ISBN: 1 874698 93 7 • Hardback• 688pp • 2002 • @ £125/$212.00

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 WTOdispute settlement system, The World TradeLaw Association was established in April1997. Its aim is to provide lawyers workingin this field with a forum for discussionand research on the impact of the WTO oninternational trade.

The WTLA held its inaugural conferencein April 1997 with distinguished speakers,including H.E. Prof. Celso Lafer, Chairmanof the WTO’s Dispute Settlement Body,Dr. Debra Steger, the Director of the WTOAppellate Body Secretariat, and Prof. Ernst-Ulrich Petersmann, former legal adviser tothe WTO. The material covered at theConference has now been revised to formthe first Yearbook of the WTLA. Thismaterial has been updated to take accountof legal developments since the conferencein April 1997. Issues covered include thefollowing:

- 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 SYSTEM

Edited by Philippe Ruttley, Iain MacVay &Ahmad Masa’deh

The WTLA Yearbook is the most timelyoverview of the international legaldevelopments generated by the WTO.Over the next few years, the WTLAYearbooks will form an invaluable series andwill become an indispensable reference toolfor lawyers in private practice, governmentservice or universities working in this field.This series of topical essays will be the mostup to date broad treatment of this swiftly-moving area.

This volume of essays, the second in theannual World Trade Law AssociationYearbook series, bring together some of thepapers delivered at the Association’s 1998Annual Conference, fully updated andexpanded to cover recent developmentssince the September 1998 conference. Thevolume also contains specially writtencontributions from Association members.

Particular highlights include two papers byProf. John Jackson of Georgetown

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University surveying recent WTO disputesettlement cases. The volume also containsa 180 page survey of Asian anti-dumpinglaws by Prof. Norio Komuro of KobeUniversity, covering India, Japan, Korea,Singapore, Indonesia, the Philippines andThailand. In addition, the 1998 Yearbookincludes Ahmad Masa’deh’s in-depth studyof the current state of international law oninvestment measures (including the lessonsto be learned from the MultilateralAgreement on Investment negotiations).This volume of topical WTO andinternational trade papers will be requiredreading for lawyers and decision makers inindustry, government and private practicewho need up-to-date knowledge of thisrapidly evolving area of law. The success ofthe first volume in this series underlinedthe difficulty of finding excellent materialsand commentary on this rapidly-expandingfield of practice, so we hope that you willfind the 2nd WTLA Yearbook an equallysuperb treatment of the subject.

ISBN: 1 874698 92 9 • Softback• 284pp • 1999 • @ £65.00/$110.00

3RD WTLA YEAR BOOK -

DUE PROCESS IN WTO DISPUTE

SETTLEMENT

Edited by Philippe Ruttley, Ian MacVay& Marc Weisberger

The World Trade Law Association'sYearbooks are the most timely overview ofthe international legal developmentsgenerated by the WTO. Collected over anumber of years, the WTLA Yearbooks willform an invaluable series and become an

indispensable reference tool for lawyers inprivate practice, government service oruniversities working in this field. This seriesof topical essays will be the most up to dateand broad treatment available of thisswiftly-moving area.

This volume, the third in the WTLAYearbook series, brings together a numberof the papers delivered at the Association’s1999 Annual Conference. These have beenfully updated and expanded to cover morerecent developments. The publication alsocontains specially written contributionswritten by key Association members.

The WTLA Yearbooks will be requiredreading for lawyers and decision makers inindustry, government and private practicewho 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 findingexcellent materials and commentary on thisfast expanding field of practice. We areconfident that readers will find the 3rd

WTLA Yearbook an equally superbtreatment of the subject.

In response to the creation of the WTOdispute settlement system, The World TradeLaw Association was established in April1997. Its aim is to provide lawyers workingin this field with a forum for discussionand research on the impact of the WTO oninternational trade. The WTLA held itsInaugural conference in April 1997 with apanel of highly distinguished speakers. Theconferences now occur on an annual basis,and have consistently maintained standardsof excellence and prescience, with theWTLA Yearbooks publishing the substance

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SUBJECT TRADE LAW

of the lively debates that this area ofinternational law and policy engenders.

ISBN: 1 874698 68 6 • Softback• 199pp • 2000 • @ £75.00/$130.00

WTO AND EAST ASIA:NEW PERSPECTIVES

editors: Mitsuo Matsushita &Dukgeun Ahn

East Asia has huge potential for economicdevelopment in the 21st century. This hasalready lead to a more active and substantialrole for the region in the world trading system.

China has recently shown a remarkably highgrowth of its economy. Korea and Japanare currently negotiating a Free TradeAgreement (FTA) that would embracecomprehensive economic cooperation. There may be even a larger free trade areain East Asia including not only China,Korea, Japan, Taiwan and Hong Kong butalso ASEAN countries.

In this volume, experts on WTO andinternational trade – John Jackson, ThomasCottier, William Davey and MitsuoMatsushita amongst others - from Asia,Europe and the United States examinevarious legal, economic and policy aspectsof the multi-lateral as well as the regionaltrading system. A wide range of WTO andFTA issues have also been addressed withnew pers-pectives on the basis of the EastAsian experience.

@ £125.00/$225.00 / Hardback /ISBN: 1 874698 64 3

WTO DISPUTES:ANTI-DUMPING, SUBSIDIES AND

SAFEGUARDS

By Edwin Vermulst & Folkert Graafsma

This book analyzes WTO Panel andAppellate Body Reports with respect to thefour commercial defence Agreements: theAnti-Dumping Agreement, the Agreementon Subsidies and Countervailing Measures,the Safeguards Agreement and theAgreement on Textiles and Clothing.

Coming in the aftermath of the succesfullaunch of a new round of multilateral tradenegotiations in Doha in November 2001,it provides a timely and indispensableoverview of the state of play of disputesettlement reports covering these fourAgreements. Indeed, a disproportionatelyhigh number of WTO dispute settlementcases have involved interpretations ofprovisions of these Agreements, bearingwitness to their importance in real life.

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

The authors, having been involved in anumber of the proceedings discussed in thisvolume, have chosen to approach theirsubjexct by focusing on the technicalitiesthat are so important in this complex areaof trade law. An issue-based analytical first

SUBJECT TRADE LAW

chapter is followed by four chaptersproviding annotated versions of the fourcommercial defence Agreements whichpursue the order of the Agreementsthemselves.

The book will be an invaluable referencetool for trade diplomats and othergovernment officials, lawyers and academicsinvolved in both WTO dispute settlementproceedings and in the effort to formulatenew rules in the framework of the DohaRound.

ISBN: 1 874698 78 3 • Hardback• 878pp • 2002 • @ £125.00/$212.00

WTO LITIGATION:PROCEDURAL ASPECTS OF FORMAL DISPUTE

SETTLEMENT

By Jeff Waincyme

As regulation bites and pressure-groups,government, regulatory bodies and groupsof individuals become ever more active inpursuit of environmental standards, so thefield of environmental litigation looms largeron the list of possible hazards that anycompany, large or small, faces. They mustnow be aware of not only their potentialliabilities under law, but also how to combatwhat are frequently lawyer-led actions,exposing defendants to potentiallyenormous costs. This book, written bypartners at Nabarro Nathanson, details thevarious ways in which companies canprepare themselves for such an action, andcovers: Potential liabilities for environmentallaw including tortious liability, statutoryliability, criminal liability and liability forbreach of European legislation; the

considerations for companies prior tolitigation; the law relating to standing; thelaw relating to the taking of samples by anenforcing authority or a third party.Drawing on personal experience, theauthors detail the lessons learnt fromprevious cases (generally from thedefendant’s point of view) and provide anoverview of the various strategies which maybe adopted. This book is essential for anypractising or in-house lawyer.

ISBN: 1 874698 85 6 • Hardback• 935pp• 2002• @ £125.00/$212.00

WTO TRADE INSTRUMENTS INEU LAW

By Pierre Didier

Trade globalisation in goods and servicesbecomes every day more real andperceptible. Businesses and the legalcommunity, whether they fear or welcomeit, have to reckon with and adjust their dailypractice to new trade rules, new conceptsand new proceedings. This ‘velvetrevolution’ was amplified and disciplinedby the Uruguay Round negotiations andby the WTO. These created new law whichmutatis mutandis and to a variable degreeextends worldwide some basic principlesof the EC treaty on free circulation of goodsand services. Domestic legislationtransposing WTO law is now in place in allmajor trading partners and NationalAgencies can post an implementation recordsufficient for detailed and coherent legalreview.

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

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CHINA TRADE LAW & PRACTICE

Editors:PATRICK NORTON

& K. W. (BUTCH) ALMSTEDT

Associate Editor: JIANG PENG

Trade with China is becoming anincreasingly important part of the businessof many multinational companies. Butalong with the benefits of China trade comecertain risks. Among these risks is that tradein particular goods may be significantly dis-rupted by Chinese Government trade mea-sures. Government imposed antidumpingduties, countervailing sometimes closing theChina market to foreign products alto-gether. China, even before its entry intothe World Trade Organization, had initi-ated an aggressive program of antidump-ing investigations and subsequent to itsjoining the WTO trade body continuedwith an aggressive antidumping investiga-tion policy and most recently (in 2002)conducted a very far-reaching safeguardsinvestigation of steel imports. Anti-sub-sidy investigations are authorized and willalmost certainly commence soon.

For China the risks that trade disruptionpresent to multinationals are, at least, twofold. On the one hand, China’s domesticmarket is among the most rapidly expand-ing in the world, and China’s WTO acces-sion obligations will open that market evenfurther over the next few years. WTO-sanc-tioned trade measures can effectively closeoff this market just as it promises to open.On the other hand, many multinationalsnow use China as their principal manufac-turing platform. The economics of manu-facturing in China often turn, however, on

the ability to import supplies and compo-nents from outside China. A disruption inthose supplies or a significant increase incosts can change those economics overnight— after a major capital investment in manu-facturing facilities.

This Journal examines China’s rapidly ex-panding trade remedy programs, includ-ing the many antidumping investigationsthat China has already conducted, its dra-matic steel safeguard measures in 2002, andits incipient countervailing duty enforce-ment program. Expert commentary dis-cusses the conformity of China’s trade rem-edy laws and practices with WTO stan-dards, investigation practices that are likelyto prove troublesome to foreign exporters(and their importers), and practical con-siderations for dealing with Chinese inves-tigation authorities. The Journal will in-clude translations of all of China’s final de-cisions in antidumping and countervailingduty cases, as well as translations of all therules that apply in China’s trade remedyinvestigations. Published as a loose-leaf, theJournal will be updated twice annually.

ISSN: 1741-9921 • Loose Leaf orElectronic • @ £350.00/$595.00

• Annual

ECONOMIC SANCTIONS REPORTER

Edited 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.

SUBJECT TRADE LAW

This Reporter will provide regular updateswith all new documentation relating to thesanctions covered in Volumes One and Twoof the Reports and any newly sanctionedcountries. It will also contain detailedanalysis and interpretation of the impact ofnew developments on the current sanctionsregimes.

ISSN: 1466-6537 • Loose Leaf orElectronic •@ £230.00/$395.00

• Annual

GLOBAL ANTI DUMPING

HANDBOOK

Written & edited by Cliff Stevenson

With currency devaluations and the threatof recession sweeping the globe, it isinevitable that there should be an upsurgein anti-dumping actions. Anti-dumpingactions used to be the concern only ofcompanies exporting to a small number ofcountries that were active anti-dumpingusers. Liberalisation of world trade hasencouraged flows of goods between nations,and as markets become more open, there isfear that domestic industries are moresusceptible to unfair competition. Thus,parallel to the liberalisation of trade is anincrease in the number of countriesadopting and using anti-dumpingprovisions. Companies operating in theglobal market increasingly find that theirtrade is disrupted through accusations ofdumping.

Many business people and officials now findthat anti-dumping has risen up thecommercial/political/economic agenda. To

this extent, increasing numbers are havingto consider anti-dumping issues in thenormal course of their work. However, thisis an extremely technical subject, both interms of legal principles, economics/analysisand accounting concepts.

Most of the books available on the subjectare technical manuals, intended for use bypractitioners in the area, and tend to dealwith specific jurisdictions. The Global Anti-Dumping Handbook provides a practicaltext rather than a legal treatise, and is theonly publication covering the differentcountry legislation so extensively.

ISSN: 1465-413X • Loose Leaf orElectronic • @ £350.00/ $595.00

Annually

INTERNATIONAL TRADE LAW

REPORTS

Edited by Clifford Chance, MahmudNawaz & Peter Morrisson

The Dispute Resolution Body (DSB) ofthe WTO is now recognised as the mostinfluential legal institution governing worldtrade. It has become the final arbiter ofinternational trade disputes between the140 countries that are members of theWTO. The ramifications of decisions madeby the DSB are enormous, not only in termsof their economic impact but also as anevolving body of law, with direct andindirect effects on national law. The casesand decisions are becoming increasinglycomplex, with some running to over 500pages. The International Trade Law Reportsdetail DSB decisions in full with

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SUBJECT TRADE LAW

annotations and commentary putting thecases in their legal and economic context.These reports comprise the mostcomprehensive and up-to-date source ofinformation available.

ISSN: 1364-9205 • Loose Leaf orElectronic (CD-Rom) • Annual

Vol. 1: £145/$250 • Vol. 2: £180/$310Vol. 3: £210/$360 • Vol. 4: £210 $360Vol. 5: £275/$470 • Vol. 6: £310/$530

• Vol. 7: £310/$530Please see our website or contact us for a special

offer on this Publication

INTERNATIONAL TRADE

CORRUPTION MONITOR

Edited by Jeremy Pope & Fritz Heimann

Both the OECD and the USTR have agreedthat between 1994 and 1996 there wereallegations of bribery in internationalcommercial contracts valued at $64 billion.Corruption in international trade is possiblythe single largest and intractable distortionof the supposed ‘level playing-field’ thatexists today. This is aside from theinternational ‘grey’ economy in launderedmoney, trade in drugs and other proscribedgoods, which was recently estimated to havea value of over $100 billion annually. Thisis a significant percentage of global tradeflows, and a useful indicator towards theamount of ‘black’ money floating withinthe international financial system. Theowners of this are not scrupulous in theway in which they ‘clean’ those funds, andinevitably a significant proportion of itprovides capital for otherwise legitimateprojects. To help businesses and their

advisors to minimise risk and to takeadvantage of new opportunities, the loose-leaf, quarterly, International TradeCorruption Monitor, edited by FritzHeimann and Jeremy Pope, directors ofTransparency International, will includecurrent information on new legislation asthe OECD treaty against corruption ininternational trade, and other emerginginternational instruments, are given effectin domestic law. Uniquely, in one referencesource, the international and nationalinstruments will be available, together withexplanatory materials and case law as thisemerges. Another section will discuss, in aregular series of papers from expertsthroughout the world, the broaderparameters of the reforms taking place andhelp raise awareness and deepenunderstanding of the strategies and thereasoning which underpin them. A thirdsection will note upcoming events ofsignificance to the readership.

ISSN: 1464-6080 • Loose Leaf orElectronic • @ £260.00/$445.00

• Annual

THE NAFTA ARBITRATION

REPORTS

edited by Chris Thomas & CameronMowatt

Although investor-State arbitration datesback to the 1965 Convention on theSettlement of Investment Disputes BetweenStates and Nationals of Other States (theICSID Convention), it was not until thelate 1990s that this form of internationaldispute settlement became prominent. This

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was in large part due to the fact that theNorth American Free Trade Agreement(NAFTA) became the first free tradeagreement to provide for the resolution ofinvestment disputes through investor-Statearbitration. Such investment protectionswere previously confined to bilateralinvestment treaties.

The NAFTA Parties subsequently extendedinvestment protections to other Statesthrough free trade agreements (FTAs) orbilateral investment agreementsaccompanying the FTAs. The UnitedStates has signalled that it will seek similarinvestor-State dispute settlementprocedures in its future free trade agreementssuch as the Free Trade Agreement for theAmericas.

This development is not restricted to NorthAmerica or even to Mexico’s treaties withEuropean States (such as the 1997 Mexico-Spain Agreement on the Protection andPromotion of Investment). States in Asia andOceania have also agreed to investor-Statearbitration of investment disputes. Therecent Agreement Between the Republic ofSingapore and Japan for a New-AgeEconomic Partnership and the Singapore-New Zealand Closer Economic RelationsAgreement both provide for investor-Statearbitration.

Investor-State arbitration is thus a rapidlydeveloping area of international law. Privateparties are accepting this extraordinary offerto submit disputes to arbitration. To date,there have been five NAFTA awards onjurisdiction; five awards on the merits; sixawards currently pending; one award has

been partially set aside on judicial review;and judicial review of another is pending.Thus the importance of this cannot be over-emphasised: the deliberations of the NAFTAPanels will have a far broader readership thanto just the US, Canada and Mexico.

The NAFTA Arbitration Reports will bethe first comprehensive collection ofNAFTA arbitral awards and decisions aswell as decisions of national courts reviewingawards. Since NAFTA’s general disputesettlement process yields importantinterpretations of the Agreement as a whole,those panel reports will be included as well.Each reported decision will be prefaced witha succinct summary and a list of authoritiesconsidered. Cases of particular interest orcontroversy will be accompanied by thecommentary of experienced counsel andscholars.

The NAFTA Arbitration Reports will bean invaluable resource for practitionersadvising investors seeking to enforce theirrights under the NAFTA, other investmenttreaties, or the ICSID Convention; forgovernment lawyers responsible fordefending investor-State claims; for officialsresponsible for negotiating trade andinvestment agreements; and for scholars,NGO’s and other observers interested inthis rapidly developing area of internationallaw.

The first issue will contain 13 reports from1998 to the present. This will be includedin a loose-leaf binder that will accomodatefurther reports. These will be published asand when the decisions become available.We hope that, given the occaisional

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SUBJECT TRADE LAW

difficulty in obtaining the reports, you willfind the NAFTA Arbitration Reports themost useful regular publication on the area.

THE FIRST SOURCE FOR N A F T AARBITRATIONS

ISSN: 1477-3422 • Looseleaf or Electronic• 2002• @ £460.00/$785.00 • Annual

THE WEEKLY TRADE GLOBE

Edited by Coudert Brothers

To preserve the currency of the information- even by courier each issue would be 2-3days out of date - you will receive each issueof the Weekly Trade Globe as a PDF(Adobe’s Portable Document Format™)file, attached to an email each Friday. WithAdobe’s Acrobat Reader (most of you willalready have a copy on your machines, butwe will provide each subscriber with an up-to-date version) you will then open the file,print it, and insert it into the Weekly TradeGlobe Binder provided. Thus you have allthe clarity and consistency of hard copy -instantly!

The Weekly Trade Globe is a weekly tradealert, announcing trade events on both sidesof the Atlantic. The Trade Globesummarizes in bullet form changes in U.S.,EU and Canadian laws relating to trade,events in trade remedy actions (such asantidumping and countervailing dutyinvestigations and court appeals), exportcontrol and anti-corruption regulatorychanges and enforcement actions, anddispute settlement proceedings and otherevents at the World Trade Organisation(WTO).

The Weekly Trade Globe differs from othertrade related publications in several keyaspects. First, it covers trade developmentsin the U.S., Canada, the EU and the WTOfrom the perspective of trade lawyersresident in the United States, EuropeanUnion and Canada. No other single tradepublication covers these jurisdictionssimultaneously in equivalent breadth.

Second, it reports the facts — and only thefacts — of rule changes, trade disputes andthe like. Thus, for example, it does notengage in lengthy quotations from “tradeexperts” regarding ongoing tradenegotiations. This makes the Weekly TradeGlobe a good reference material forattorneys and business people who wish toobtain a quick, unbiased overview of theweek in trade.

Third, the unique distribution method wehave chosen for the Weekly Trade Globeensures that your information will never beout of date.

Fourth, the Weekly Trade Globe has beenavailable to a small number of people forover 3 years (and the editors have nevermissed 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 andbreadth of expertise provided by theeditors, Coudert Brothers, you can beassured 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 doesnot winnow out trade events based on their

SUBJECT TRADE LAW

perceived importance to the editors. Thus,for example, the smallest sunset review ofan antidumping duty order is covered –not merely key events on U.S. cases againstJapanese steel imports. This makes theWeekly Trade Globe valuable for personswho need to review all issues, not merelythose issues currently popular.

ISSN: 1469-7904 • Electronic only• @ $850.00/£500.00 • Annual

42

SUBJECT ENVIRONMENTAL LAW

BADLANDS: ESSENTIAL

ENVIRONMENTAL LAW FOR

PROPERTY PROFESSIONALS

By Clare Deanesly, Chris Papanicolaou &Angela Turner

This book was written for all thosepractitioners whose everyday workloadbrings them into contact with property law,and states how recent environmentallegislation affects that workload. Coveringplanning, environmental assessment,planning controls for hazardous substances,contaminated land, waste, atmospheric andnoise pollution, environmental consi-derations for property transactions,construction, and appendices dealing withenvironmental enquiries before contractand a company acquisition questionnaire,this book contains all the material you willneed to approach and analyse the problemsof environmental law and property. Itprovides a practical, useful and definitiveguide to the area.

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

COMPETITION LAW & THE

ENVIRONMENT

By Timothy Portwood

Competition Law offers a crucial point atwhich environmental and economic policyinteract. Written by a barrister and lecturerin Environmental Law at Bristol University,this book questions the perceived conflictbetween environmental protection and

competitiveness, and shows how a levelplaying field can be both competitive andprotect the environment. It provides ananalysis of the existing attempts both atinternational and EC levels to interlinkenvironmental protection with competitionpolicy and suggests ways in which thoselinks could be strengthened. Specificchapters cover the environmental aspectsof the GATT, the interaction between EClegislation on the environment andcompetition; recent trends in competitionlaw decisions; state aids and environmentalprotection; the new approach in the EC’sFifth Environmental Programme “TowardsSustainability”; and prescriptions for futureaction and trends in EC competition andenvironmental law decisions.

ISBN: 1 874698 35 X • Hardback• 229pp • 1994 • @ £75.00/$135.00

CONSERVATION POLICY

DIRECTIONS: AN ANNOTATED

DIGEST OF RECENT PAPERS BY THE

ROYAL SOCIETY FOR THE

PROTECTION OF BIRDS

Edited by David Pritchard

The RSPB is one of the most respectedvoluntary wildlife conservationorganisations in the world. It has aformidable reputation for persuasivelypresenting its case to governments and otherdecision makers. Here for the first time aselection of 80 recent RSPB submissionsand reports have been condensed into shortsummaries which give a unique anddigestible insight into the cutting edge of

SUBJECT ENVIRONMENTAL LAW

conservation. In 16 chapters ranging acrossplanning law, rural development policy,new local government structures, Europeanagriculture, mineral extraction, fisheries anda host of other topics, brief commentariesafter each summary give an insider’s viewof the political context for the issues, andnews of progress on each. In an increasinglycomplex and fast-moving field, this formany, from planning specialists,conservationists, local and nationalgovernment officers and lawyers, will bethe ideal guide to the contemporary scene.

ISBN: 1 874698 76 7 • Softback• 269pp • 1996 • @ £24.95/$45.00

CONSTRUCTION LAW & THE

ENVIRONMENT

By Steven Francis, Sarah Shemmings &Paul Taylor

The construction industry is increasinglyaffected by environmental issues, both withregard to the materials they use (and someare proscribed) and the way in which theybuild. Issues such as noise and pollutionare increasingly to the fore. And theindustry is under pressure from its clients.They want ‘green’ buildings and the use ofenergy saving ‘green’ technology at no extracost. Government now requires theindustry to produce environmental policystatements, and to show a commitment toBS 7750 or other EnvironmentalManagement Systems. Restrictions ondeveloping greenfield sites meanincreasingly that contaminated land, withthe attendant clean-up costs, is having to

be considered. This book, written by threepartners from Berrymans, a highly respectedconstruction law practice, shows how theconstruction industry can protect itself fromthe ever-increasing burden of regulationand legislation imposed by government andthe EC; clearly defines the environmentallegislation applicable to the industry; andshows how to guard against the problemsin the future. This is an essential text for allthose who work in or are associated withthe construction industry, from lawyers,contracts managers, project managers,property developers and architects toengineers and surveyors.

ISBN: 1 874698 70 8 • Hardback• 257pp • 1995 • @ £70.00/$125.00

ENVIRONMENTAL CONFLICT

RESOLUTION

Edited by Christopher Napier

Conciliation, mediation and facilitationtechniques are becoming more commonlyused for the resolution of disputesconcerning the environment withoutrecourse to formal litigation and the Courts.Also, and this is particular to environmentalissues, facilitation techniques are being usedto build consensus around projects or issuesaffecting the environment where widelydiffering views may be held within a largeconstituency of interested parties/stakeholders. The author, a partner atClifford Chance, has gathered togethersome ground-breaking experience in thisimportant new area of practice and theintroduction is being provided by ProfessorLarry Susskind of MIT, the leading light in

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SUBJECT ENVIRONMENTAL LAW

environmental conflict resolution in the US.In Environmental Conflict Resolutionexperienced practitioners will describe theprinciples and use of these techniques forresolution of environmental issues andreview their progress in the United Statesand Europe. Actual cases will be studied.

ISBN: 1 874698 66 X • Hardback• 281pp • 1998 • @ £85.00/$140.00

ENVIRONMENTAL CRIME

By Fiona Darroch & Peter Harrison

The existence and prosecution ofenvironmental crimes has become animportant part of pollution control, a majorconcern for business and industry and acampaigning tool for pressure groups.Written by an acknowledged expert on thesubject from English Heritage and a solicitorfrom Simmons & Simmons, this bookexplains the nature and development of theuse of criminal sanctions in environmentallaw, the implications for industry, theregulatory bodies, pressure groups and theenvironment. It contains a commentary onthe main offences and an analysis of currenttrends and future developments in the UKand other jurisdictions. This is a topic whichall practitioners need to be aware of to adviseclients on their present and potentialliability. The book brings together theimportant material in a fast-developing areawithin one complete work for the first time.

ISBN: 1 874698 40 6 • Hardback• 533pp • 1999 • @ £60.00/$105.00

ENVIRONMENTAL IMPACT

ASSESSMENT: LAW & POLICY -MAKING AN IMPACT II

By William Sheate

Updated and revised from the originalground breaking ‘Making an Impact’,published in 1994, this book placesEnvironmental Impact Assessment (EIA)in the context of international and domesticpolicy and regulation. EIA is now a legally-required part of the planning stage of allinfrastructure and development projectsthat are likely to have an effect on theenvironment. Written by William Sheate,an acknowledged EIA expert from ImperialCollege, University of London, it providesa clear analysis of the principles andlegislation behind EIA and examines EIAfrom its origin to its expanding role inachieving sustainable development. Notonly is this book an authoritative referencetext on UK and EU EIA law and policy, italso provides an insight on the contrastsbetween different legal regimes in the USand on the international stage.

ISBN: 1 874698 50 3 • Hardback• 300pp • 1996 • @ £29.95/$55.00

ENVIRONMENTAL INFORMATION:LAW, POLICY & EXPERIENCE

By Gisele Bakkenist

Access to information on the environmentis now a right and therefore an obligation.Domestic legislation has followed hot onthe heels of EC law and policy. You need toknow what the public has a right to know,

SUBJECT ENVIRONMENTAL LAW

whether you advise corporates, localgovernment or pressure groups. This is atotally comprehensive and thorough pieceof research unavailable in any other text inthis country. Written by Gisele Bakkenist,a solicitor at Leigh Day & Co, and editedby Peter Atherton, a barrister, it coversEuropean Community Law, InternationalLaw and English Law. The book containsan energetic and compelling commentaryon the state of the law on access toinformation in this country. It includesbackground, policy, the EC Directive onEnvironmental Information, rights of accessto information, adjudication of denials ofaccess, private and public sector obligationsto provide information, existing legislationand how it provides for the disseminationof information, enforcement, and thecommercial opportunities that can begained or denied.

ISBN: 1 874698 15 5 • Hardback• 306pp • 1994 • @ £60.00/$105.00

ENVIRONMENTAL LIABILITY

INSURANCE

By Nick Lockett

Environmental liability issues will dominatethe insurance market as we move into thenext century. As the problem of historicpollution moves into the forefront of publicconsciousness, the insurance industry willincreasingly be targeted as the maincontributor to clean-up costs and there areenormous liabilities stored up under oldpolicies which underwriters and insurerswill seek to avoid. Inevitably insurance coverunder current policies will be restricted andnew policies will emerge. This book looks

at the old policies and their attachedliabilities and at the new risk-transfermechanisms available. It provides: acomprehensive analysis of the issues whichthe insurance industry had to address andthose which it will have to address in thefuture; the legal stumbling blocks whichplague the field of environmental insurance,such as triggerage issues, exclusion clauses,historic liability, policy limitations, criminalliability and defence costs, issues affectingunderwriters, and how companies shouldprotect their insurance positions; how oldinsurance policies can be made to coverhistoric pollution liability and how to bestmanage existing environmental risk and thesteps that companies should be taking now.

ISBN: 1 874698 65 1 • Hardback• 267pp • 1996 • @ £85.00/$150.00

ENVIRONMENTAL RIGHTS: LAW,LITIGATION & ACCESS TO JUSTICE

Edited by Sven Deimann & Bernard Dyssli

This volume comprises a series of papersdrawn from a conference co-hosted byELNI and the Societe Francaise pour la droitde l’Environment on the issue of ecologicalrights and NGO-litigation. The essays tackletwo aspects of the issue of ecological rightsin particular: the efforts at the constitutionaland institutional level to establish a right toa healthy environment, and the strategiespursued to ensure those rights, in theabsence of their constitutional recognitionin most countries. With authorsthroughout the world contributing to thisbook, it offers a unique overview of recentNGO litigation experience. Also it coversinformation essential to practitioners and

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SUBJECT ENVIRONMENTAL LAW

academics who wish to have an analysis ofthe comparative aspects of environmentallaw in supra-national organisations such asthe EU.

ISBN: 1 874698 11 2 • Softback• 343pp • 1995 • @ £40.00/$70.00

INTEGRATED POLLUTION

CONTROL

by Pamela Castle & Helen Harrison

Now that the regime of Integrated PollutionControl is some four years old, not least forthose ‘dirty industries’ it was intended toregulate, the relationship between operatorsand the regulatory authorities is graduallybecoming clarified. Only now are themeanings and working definitions of‘BATNEEC’ and ‘BPEO’, and theirimplications for businesses, becomingconcrete. Furthermore, new EU legislationis about to be implemented in the UKwhich will have a significant effect on thestringency of existing UK standards, andthe inception of the new EnvironmentAgency (EA) which will incorporate theNational Rivers Authority, Her Majesty’sInspectorate of Pollution, and the WasteRegulation Authorities. This book, writtenby one of the leading practisingenvironmental lawyers in the country, apartner at McKenna & Co, and a solicitorfrom the same firm, explores not only theregulatory structure in detail, but also givespractical advice on how best to cope withthe existing and emerging regimes.

ISBN: 1 874698 80 5 • Hardback• 309pp • 1996 • @ £65.00/$115.00

INTERNATIONAL ENVIRONMENTAL

IMPACT ASSESSMENT:EUROPEAN & COMPARATIVE LAW

AND PRACTICAL EXPERIENCE

Edited by ELNI

This book aims to highlight the latestdevelopments in the use of EIA from aninternational perspective. It assembles anddevelops the papers of the AnnualConference of the Environmental LawNetwork International held in Milan.Reports from Western and Eastern Europe,North America, Australia and Africa givean impression of the regional differences inthe application and design of EIA. Thecontributions as well as the discussion atthe conference, which is also documentedin this publication, are evidence of theincreasing importance of EnvironmentalImpact Assessment as an essentialenvironmental policy tool. With authorsthroughout the world contributing to thisbook, including Joseph DiMento, John EBonine, Thomas Bunge and AllesandroCuratol, this publication offers a uniqueoverview of recent EIA experience.

ISBN: 1 874698 07 4 • Softback• 276pp • 1997 • @ £40.00/$70.00

LENDER LIABILITY:ENVIRONMENTAL RISK & DEBT

By John Jarvis QC & Michael Fordham

Lender Liability is a new and potentiallydevastating aspect of environmental liabilitythat all those advising corporates andfinancial institutions must be aware of. Co-published by UKELA, the text covers the

SUBJECT ENVIRONMENTAL LAW

potentially ruinous litigation that can ensuefrom ignorance of environmental liabilitythat can be attached to most asset classes,the US experience, civil liability, criminalliability, seizure of profits, the issues forlenders, the relationship with the activityand with land, and self-protection in theform of safe lending and safe debt-collection. As environmental criteria gainincreasing importance when deciding uponcompany acquisitions, insolvency, and asset-security, this book is essential reading forany corporate, banking, insolvency orenvironmental lawyer, as well asaccountants, bankers and receivers.

ISBN: 1 874698 05 8 • Hardback• 220pp • 1993 • @ £55.00/$95.00

POLLUTION & PERSONAL INJURY:TOXIC TORTS II

By Charles Pugh & Martyn Day

Following the success of the first edition ofToxic Torts it has become the definitive texton the subject, regularly used byenvironmental and PI lawyers throughoutthe UK and Europe, and now a set coursetext at a number of universities the secondedition (some 3 years after the first) is nowavailable. Written by a leading barristerspecialising in pollution law and health &safety litigation, and a renownedenvironmental/PI lawyer, the book has beenextensively rewritten to accommodate thedevelopment of the subject over the past 3years, and is now over a third longer thanthe original text. Since the first edition, aplethora of new cases have gone before thecourts, and Charles Pugh and Martyn Day

have, in one way or another, been involvedin many of them. As before, it is theirpractical experience that makes this text souseful and accessible, covering in twosections the problems of bringing complexmulti-party actions to court, the applicationof the law of tort to environmentalproblems, how to gain funding, and thetype of interference common amongstopposing lawyers to inhibit that process.The second section deals extensively withcase law and practice, including thejudgment and an analysis of the RECHEMcase. In response to developing case law thenew edition contains, for the first time,chapters devoted to Air, Noise, and Landpollution which should be read by anypractitioner dealing with such claims.

ISBN: 1 874698 16 3 • Hardback• 297pp • 1995 • @ £65.00/$125.00

REINTERPRETING THE

PRECAUTIONARY PRINCIPLE

Edited by Tim O’Riordan, James Cameron& Andrew Jordon

The precautionary principle is a culturallyframed concept that takes its cue fromchanging social conceptions about theappropriate roles of science, economics,ethics, politics and law in anticipatoryenvironmental protection and mana-gement. Originally it was introduced as partof a strategy for taking care in the face ofuncertainty over the possible enviro-nmental consequences of human action.Since the 1980s, there has been a mismatchbetween levels of possible danger, andinadequacy of accuracy in forecasts, that has

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SUBJECT ENVIRONMENTAL LAW

heightened consumer concern over theneed to be more proactive and participatoryin environmental affairs. Hence, theprecautionary principle has become muchmore politicised in the context ofenvironmental and consumer protest, inchanging outlooks on science, and in thesocial responsibility of corporations. Withthe huge controversy in trade negotiationsover what substances can be incorporatedor removed from traded products, notablyfood, and in the light of the continuingdebate over genetically modified crops,mobile phones and brain damage, as wellas putative scares over microtoxins andlatent carcinogens, the precautionaryprinciple is back in the limelight.

The book is laid out in a particular way (seecontents opposite). One strand of discussionlooks at how the precautionary principle isevolving in various countries representativeof important influences in the internationaldebate over the incorporation of theprinciple into science and public affairs. Asecond strand analyses the movement ofthe precautionary principle within theevolution of the public interpretation ofscience and regulation, especially suchconditions of uncertainty. The third strandfocuses on the manner in which the principleis evolving in international law andespecially international trade, which hasbecome the ground for its most recentreincarnation.

ISBN: 1 874698 23 6 • Hardback• 284pp • 2001 • @ £75.00/$130.00

THE ROLE OF ENVIRONMENTAL

AGREEMENTS

Edited by ELNI

Environmental agreements are anincreasingly popular instrument ofenvironmental policy, particularly in somemember states of the European Union.This study is one of the first extensivecomparative evaluations of environmentalagreements published. It gives an overviewof the use of the instrument in Denmark,Germany, the Netherlands, France,Belgium, the United Kingdom, Poland, theUnited States, and the EuropeanCommunity and examines eightagreements that have been concluded inthree European countries and the UnitedStates.

ISBN: 1 874698 62 7 • Softback• 540pp • 1998 • @ £60.00/$100.00

SUBJECT CRIMINAL LAW

THE LAW OF EXTRADITION &MUTUAL ASSISTANCE

By Clive Nicholls QC,Clare Montgomery QC

& Julian Knowles

Nicholls, Montgomery & Knowlesprovides a thoroughly modern analysis ofthe principles and practice of extraditionand international mutual legal assistance.The work aims to be both comprehensive,for example by providing domesticexamples with international cross-referencing, and user-friendly through clearand concise indexing.

The Law of Extradition and MutualAssistance will be of assistance to all legalpractitioners, from lawyers to academics,government employees and members of thejudiciary. However, the book has also beenconstructed in such a way that it providesnewcomers to these areas of the law with aninstructive and understandable resource.

The authors have unrivalled expertise inthe field, which is reflected in the book’suniquely accessible and detailed treatmentof its subjects. Between them Nicholls,Montgomery & Knowles have appearedin almost every significant extradition andmutual assistance case in the UnitedKingdom in the last 20 years, includingtheir successful defence of Senator Pinochet.As a result each author is able to bringunique insights to bear on the analysis,which seeks to be both critical and prescient.

Each chapter contains detailed footnotesincorporating references to manyunreported and foreign authorities as well

as to law review articles and academiccommentary. The impact of the HumanRights Act 1998 and the EuropeanConvention on Human Rights is alsocomprehensively covered.

The Law of Extradition and MutualAssistance has comprehensive appendicesincorporating all the relevant statutory andtreaty materials as well as a bibliographyand references to relevant internet sites. Thecontents of the publication are arranged asfollows:

PART I is concerned with extradition andincludes coverage of the following topics:

- Introduction and overview ofextradition procedure from theUnited Kingdom

- Extradition crimes- Jurisdictional scope of the

Extradition Act 1989- Committals- Restrictions on return- Extradition to the United Kingdom- The order for return stage- Extradition and the European

Convention on Human Rights.

PART II covers mutual assistance in thecriminal field including:

- Evidence from the UnitedKingdom for use overseas

- Overseas evidence for use in theUnited Kingdom

- Entry, search and seizure- Enforcement of overseas restraint

and confiscation orders in theUnited Kingdom

ISNB: 1 874698 43 0 • Hardback• @ £125/$212.00 / 872pp• 2002

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SUBJECT CRIMINAL LAW

INTERNATIONAL CRIMINAL LAW

REPORTS

edited by Helen Malcolm & Rodney Dixon

The International Criminal Law Reportswill publish decisions of courts from aroundthe world relevant to the rapidly developingfield of international criminal law. This is afield that has expanded significantly inrecent years with, amongst others:

- The establishment of internationalwar crimes tribunals for the formerYugoslavia and Rwanda.

- The adoption of a Statute for apermanent International CriminalCourt (ICC).

- The proliferation of domesticproceedings concerned with warcrimes and human rights violations,including the widely publicisedPinochet case.

- The development of interstatemutual assistance and enforcementprocedures to address cross-bordercrime.

- The emergence of methods ofcombating offences committedthrough new informationtechnology and the internet.

International criminal law impacts on thepublic, private and commercial sectors. Thebody of law includes war crimes, terrorism,extradition, state mutual assistance, moneylaundering, international corporate liability,drug trafficking, and computer and internetcrime, together with human rights law.International criminal law is practised andenforced before both national andinternational courts, with many innovative

approaches being adopted to meet the newchallenges of a rapidly expanding field.

The International Criminal Law Reportswill publish, cross-reference, and commentupon these precedents. They will providean invaluable resource for practitioners indomestic and international jurisdictions,who are increasingly required to cite andcompare authorities from foreign courts, andfor policy-makers, academics andresearchers. The cases, although oftenrecorded in different national or other lawreports, have never before been selected andprinted together for ease of reference andcomparison in the manner envisaged by theICLR.

ISSN: 1471-4310 • Loose Leaf orElectronic • Started 2000 • Annual

Vol. 1: £350/$595Vol. 2: £350/$595

Please see our website or contact us for a specialoffer on this Publication

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