Junji Nakagawa

This revealing book analyzes the different methods employed to manage globalization and development, including contributions from a renowned international team including Barbara Stallings, Alicia Giron and J.C. Ferraz.

Globalization, Economic Restructuring and Social Policy

Managing Development

Lurong Chen

Shujiro Urata

Masahito Ambashi

Mega free trade agreements (FTAs) are being formed to fill the gap created by new developments in global governance and are reshaping the world economic order. The Trans-Pacific Partnership (TPP) agreement is one of such 21st century FTAs. This book highlights three trade-related issues covered by the TPP that greatly concern emerging countries – investment, intellectual property rights (IPR), and state-owned enterprises (SOEs). It contains rigorous economic, legal, and political analyses on the final text of the agreement, combined with country-specific policy discussions focusing on Indonesia, the Philippines, Thailand, and Viet Nam, giving readers insights on the establishment of global rules and regulations for 21st century trade. The book also outlines the requirements for emerging Asian countries to better formulate trade policies in the new era of international trade and promote regional integration in ASEAN and East Asia.

Mega Free Trade Agreements and Implications for ASEAN

Emerging Global Trade Governance

More and more members of the WTO are using anti-dumping (AD) measures as an effective tool for protecting domestic industries facing competition with foreign products. In contrast to the 'big four' (US, EC, Canada and Australia), which have been using AD measures frequently since the GATT era, many of the new users established their AD regimes and began to use them after the establishment of the WTO. Why are there more and more new users? How are they applying AD measures? Do they comply with the rules of the WTO Anti- Dumping Agreement? What are their specific characteristics in the handling of AD cases? What should exporters and practitioners do to prepare for AD investigations by the new users? Based on extensive analyses of primary materials and hearings from practitioners and AD authorities, this book provides detailed and updated information to answer these questions on the following new users: China, Chinese Taipei, Korea, Thailand, India, South Africa, Mexico, Argentina, and Brazil.

Anti-dumping Laws and Practices of the New Users

With the advancing globalization of the world economy, domestic economic regulations are becoming more and more subject to efforts at international harmonization. This book presents an analysis of this worldwide phenomenon from both a legal and a politico-economic perspective by focusing on (1) the backgrounds and objectives of international harmonization, (2) the negotiating processes involved, and (3) the impact of harmonization on domestic laws and their administration. International harmonization is discussed in a wide range of cases including trade-related regulations, technical standards and food safety standards, intellectual property rights, labor standards, competition law and policy, financial regulations, and regulations concerning transnational economic crime. Drawing on a wide range of materials and applying a unified analytical framework based on theoretical as well as practical observations, the book surveys this much debated topic in a comprehensive and accessible way. It thus contributes to a better understanding of both the chances and the challenges of globalization and global governance today.

International Harmonization of Economic Regulation

With changes to the international investment law landscape and Asian countries now actively developing their network of bilateral investment treaties (BITs) and free trade agreements (FTAs), this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contribution to its science and practice. The book discusses the major factors that have been driving Asian countries to new directions in international investment rule-making and dispute settlement. It also looks at whether Asian countries are crafting a new model of international investment law to reflect their specific socio-cultural values. Finally, the book examines whether there are any ‘Asian’ styles of international investment rule-making and dispute settlement, or if individual Asian countries are seeking specific national ‘models’ based on economic structure and geopolitical interests. This unique collection is exceptionally useful to students, scholars and practitioners of international investment law, international trade law and public international law.

Asian Perspectives on International Investment Law

Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.

Contractual Relationship as a Dynamic Bargaining Process

Nationalization, Natural Resources and International Investment Law

Globalization in the 1990s provided both opportunities and challenges for developing and transition economies. Though for some, it offered the chance to achieve economic growth through active involvement in the integrated and liberalized world economy, it also increased their vulnerability to external shocks and volatility. As a consequence, stakeholders at every level of the development and transition process – international organizations, national governments and the private sector – had to review their strategies in order to adjust to the new world economic environment. As the Mexican peso crisis of 1994-1995 and the Asian financial crisis of 1997-1998 showed dramatically, the cost of maladjustment was not only very high but it also affected many more stakeholders than before, due to the contagious effects of crises. This revealing book analyzes the different methods employed to manage globalization and development. Bringing together an international team of contributors, including Barbara Stallings, Alicia Giron and J. C. Ferraz, it will prove to be a valuable resource for those involved in the fields of development economics and political economy.

Reconciling regionalism and multilateralism is a challenge common to all branches of global economic governance. While the Bretton Woods/GATT (WTO) institutions, decades-old multilateral framework for global economic governance, are facing serious challenges to their effectiveness, regional framework are emerging as complementary or alternative means of global economic governance. The real challenge is how to reconcile multilateralism and regionalism in global economic governance. This book tackles this problem by analysing issues of multilateral/regional conciliation and coordination in global economic governance, focusing on Asia. Chapters of the book deal with challenges of multilateralism and regionalism in three fields of global economic governance, namely, global monetary/financial governance, global trade governance, and global investment governance. The major regional focus is on Asia, though some chapters deal with regionalism in Europe and North America. Topics include Asian Monetary Fund and Asian financial architecture, open accession provisions of regional trade agreements, and APEC’s role in multilateral investment rules. As a whole, the book elucidates the contemporary reach of Asian regionalism in global economic governance, and shows the neat balance between regionalism and multilateralism in global economic governance. It is of particular use to the students and practitioners of international economic law, international political economy, international finance and international economics, both with and without Asian focus.

Junji Nakagawa

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