International Economic Law After the Global Crisis : A Tale of Fragmented Disciplines

This Collection Explores The Theme Of Fragmentation Within International Economic Law As The World Emerges From The 2008 Global Financial Crisis, The Subsequent Recession And The European Sovereign Debt Crisis Which Began In Early 2010. The Post-crisis 'moment' Itself Forms A Contemporary Backdrop To The Book's Focus On Fragmentation As It Traces The Evolution Of The International Economic System From The Original Bretton Woods Design In The Aftermath Of The Second World War To The Present Time. The Volume Covers Issues Concerning Monetary Cooperation, Trade And Finance, Trade And Its Linkages, International Investment Law, Intellectual Property Protection And Climate Change. By Connecting A Broad, Cross-disciplinary Survey Of International Economic Law With Contemporary Debate Over International Norm And Authority Fragmentation, The Book Demonstrates That This Has Been Essentially A Fragmented And Multi-focal System Of International Economic Regulation.-- The Fragmented Disciplines Of International Economic Law After The Global Financial And Economic Crisis: An Introduction / C.l. Lim & Bryan Mercurio -- Does Financial Law Suffer From A Systemic Failure? : A Study Of The Fragmentation Of Legal Sources / Rolf H. Weber -- Credit Rating Agencies : Financial Multipolarity, Eu Regulatory Export And The Development Of Global Standards Through Multilevel Governance / Elisabetta Cervone -- The Broken Glass Of European Integration : Origins And Remedies Of The Eurozone Crisis And Implications For Global Markets / Emilios Avgouleas And Douglas W. Arner -- From Regional Fragmentation To Coherence : A Way Forward For East Asia / Ross P. Buckley -- The Law Works Itself Pure : The Fragmented Disciplines Of Global Trade And Monetary Cooperation, And The Chinese Currency Problem / C.l. Lim -- Roadblocks And Pathways Towards Inter-state Cooperation In Increasing Interdependence / An Hertogen --^ The Industrial Policy Of China And Wyo Law : The Shrinking Policy Space Argument As Sterile Fragmentation / Junji Nakagawa -- The First Condition Of Progress? : Freedom Of Speech And The Limits Of International Trade Law / Tomer Broude & Holger Hestermeyer -- Emergency Safeguard Measures For Trade In Services : A Case Study Of Intra-disciplinary Fragmentation / Shin-yi Peng -- The Schizophrenia Of Countermeasures In International Economic Law : The Case Of The Asean Comprehensive Investment Agreement / Martins Paparinskis -- Multilateral Convergence Of Investment Company Regulation / Anita K. Krug -- Greek Debt Restructuring, Abaclat V. Argentina And Investment Treaty Commitments : The Impact Of International Investment Agreements On The Greek Default / Julien Chaisse -- Chinese Bilateral Investment Treaties : A Case Of Internal Fragmentation / Juan Ignacio Stampalija --^ A Post-global Economic Crisis Issue: Development, Agriculture, Land Grabs, And Foreign Direct Investment / Antoine Martin -- Intellectual Property Rights In International Investment Agreements : Striving For Coherence In National And International Law / Tania Voon, Andrew Mitchell And James Munro -- The Anti-counterfeiting Trade Agreement : Less Harmonization, Further Fragmentation / Bryan Mercurio -- The Wto Legality Of The Application Of The Eu's Emission Trading System To Aviation / Lorand Bartels -- Certain Legal Aspects Of The Multilateral Trade System And The Promotion Of Renewable Energy / Rafael Leal-arcas & Andrew Filis -- Conclusion : Beyond Fragmentation? / C. L. Lim & Bryan Mercurio. [edited By] C.l. Lim, University Of Hong Kong; Bryan Mercurio, Chinese University Of Hong Kong. The Collection Began Life Partly As A Collection Of Papers Delivered During The Second Conference Of The Asian International Economic Law Network (aieln) ... Held At The University Of Hong Kong During The Summer Of 2011 Includes Bibliographical References And Index. 1. The fragmented disciplines of international economic law after the global financial and economic crisis: an introduction C.L. Lim and Bryan Mercurio Part I. Monetary Cooperation, Trade and Finance: 2. Does financial law suffer from a systemic failure? A study of the fragmentation of legal sources Rolf H. Weber 3. Credit rating agencies: financial multipolarity, EU regulatory export and the development of global standards through multilevel governance Elisabetta Cervone 4. The broken glass of European integration: origins and remedies of the Eurozone crisis and implications for global markets Emilios Avgouleas and Douglas W. Arner 5. From regional fragmentation to coherence: a way forward for East Asia Ross P. Buckley 6. 'The law works itself pure': the fragmented disciplines of global trade and monetary cooperation, and the Chinese currency problem C.L. Lim Part II. Trade and Some of its Linkages: 7. Roadblocks and pathways towards inter-state cooperation in increasing interdependence An Hertogen 8. The industrial policy of China and WTO law: 'the shrinking policy space' argument as sterile fragmentation Junji Nakagawa 9. The first condition of progress? Freedom of speech and the limits of international trade law Tomer Broude and Holger Hestermeyer 10. Emergency safeguard measures for trade in services: a case study of intra-disciplinary fragmentation Shin-yi Peng 11. The schizophrenia of countermeasures in international economic law: the case of the ASEAN comprehensive investment agreement Martins Paparinskis Part III: Investment Law and Intellectual Property Protection: 12. Multilateral convergence of investment company regulation Anita K. Krug 13. Greek debt restructuring, Abaclat v. Argentina and investment treaty commitments: the impact of international investment agreements on the Greek default Julien Chaisse 14. Chinese bilateral investment treaties: a case of 'internal fragmentation' Juan Ignacio Stampalija 15. A post-global economic crisis issue: development, agriculture, 'land grabs', and foreign direct investment Antoine Martin 16. Intellectual property rights in international investment agreements: striving for coherence in national and international law Tania Voon, Andrew Mitchell and James Munro 17. The anti-counterfeiting trade agreement: less harmonization, further fragmentation Bryan Mercurio Part IV. Aspects of Climate Change Regulation: 18. The WTO legality of the application of the EU's emission trading system to aviation Lorand Bartels 19. Certain legal aspects of the multilateral trade system and the promotion of renewable energy Rafael Leal-Arcas and Andrew Filis Part V. Concluding Observations: 20. Conclusion: beyond fragmentation? C.L. Lim and Bryan Mercurio Discusses a broad range of legal and regulatory instruments and legal regimes, looking at emerging issues facing the international economic law system after the global financial crisis. This book demonstrates that this has essentially been a fragmented and multi-focal system of international economic regulation.