Small and Medium-Sized Enterprises in International Economic Law (International Economic Law Series)

International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs). In the wake of the digital revolution, smaller companies now play an important role in the economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As 'born global' SMEs increasingly permeate transnational supply chains, so interactions between these companies and legal policy makers proliferate. Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. Diverse perspectives illuminate regional developments (in particular within the EU), such as State Aid and the implications of multinational free trade partnership agreements. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. The essays also examine questions of legitimacy and conduct in the global marketplace; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law. Content: Cover Series Small and Medium-​Sized Enterprises in International Economic Law Copyright Table of Contents Detailed Table of Contents List of Figures List of Tables List of Boxes Table of Cases Table of Legislation Table of Treaties List of Abbreviations List of Contributors Introduction A. The Internationalization of SMEs as a Challenge to International Economic Law B. Sustainable Development and the Internationalization of SMEs C. Recalibrating International Economic Law in Response to the Internationalization of SMEs I. Regulatory developments at the multilateral and regional levelsII. SMEs as a new cross-​cutting issue on the research agenda of international economic law D. Conclusion References Part I International Trade Law 1. Trade Policy for SMEs from a GATS Perspective A. Introduction B. SME Involvement in International Trade C. Policies Affecting SMEs-​Their Status under the GATS I. General framework II. SME-​related policies as reflected in schedules of commitments 1. Sector column 2. Market access 3. National treatment III. Scheduling patterns across countries and sectors IV. Policy discretion in liberalized sectors and modes1. Market regulation and control 2. Investment-​ and production-​related support schemes 3. Export assistance 4. Recognition measures under Article VII GATS 5. Preferences in government procurement V. Policy discretion under ill-​specified commitments? VI. Transparency disciplines D. Overview of Size-​Related Commitments-​GATS and RTAs I. GATS commitments 1. Horizontal limitations 2. Sector patterns 3. Prospects for change II. Regional Trade Agreements III. Size-​related effects of scheduling patterns-​GATS vs RTAs E. Summary III. Diversifying market participation through exportsIV. Limiting export cost uncertainty allows smaller shipments to be more competitive E. Good Domestic Policy Will Enhance TFA Benefits I. Competitive trade logistic services further enhance export competitiveness II. Public-​private partnerships engender innovative and efficient solutions III. Targeted fiscal policies provide renewed FDI to fuel SME growth F. Conclusion References 3. Rediscovering the Forgotten Article of the WTO Anti-​Dumping Agreement: How Article 6.13 Protects SMEs A. Introduction International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. 'Small and Medium-sized Enterprises in International Economic Law' offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law --Front flap of cover International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. 'Small and Medium-sized Enterprises in International Economic Law' offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. 0The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law While international trade and investment is still dominated by larger multinational enterprises (MNEs), small and medium-sized enterprises (SMEs) are increasingly reaching out beyond their traditional domestic habitat. A significant number of SMEs today are engaged in transboundary trade and investment and in the wake of the digital revolution the phenomenon of ‘born global’ SMEs can be increasingly observed. In addition, many SMEs enter the global economy indirectly via global value chains. International economic law, with its traditional focus on MNEs and their interests, is only slowly waking up to this new reality. At the same time, it is increasingly recognized that the internationalization of SMEs provides the key to creating more sustainable and inclusive global economic growth. The 2015 UN Sustainable Development Goals, for example, expressly call for the facilitation of increased access for SMEs to international trade and investment. This book undertakes a first attempt at systematically analysing the interaction between SMEs and international economic law. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Salient regional and transregional developments are taken into account, including the implications of the TPP and the TTIP negotiations for SMEs. Close attention is also devoted to the concern of many states that further liberalization of international trade and investment would unduly restrict the regulatory space necessary to protect and promote the legitimate interests of domestic SMEs. Examining the effect widening access to the global marketplace has had on the international legal landscape, this book presents the first comprehensive analysis of the interaction between small and medium-sized enterprises (SMEs) and international economic law