Book contents
- Frontmatter
- Contents
- About the Editors and Authors
- Acknowledgments
- Law and development perspective on international trade law
- Introduction
- Part I Developing Countries and International Trade
- 1 Law and Development for Least Developed Countries
- 2 Development Disputes in International Trade
- 3 Intellectual Property Rights, Trade, and Economic Development
- 4 Trade, Border Security, and Development
- Part II Law and Development in the World Trade Organization
- Part III Law and Development in Free Trade Agreements
- Part IV Law and Development in Regional Initiatives
- Epilogue
- Index
- References
2 - Development Disputes in International Trade
from Part I - Developing Countries and International Trade
Published online by Cambridge University Press: 05 August 2011
By
Book contents
- Frontmatter
- Contents
- About the Editors and Authors
- Acknowledgments
- Law and development perspective on international trade law
- Introduction
- Part I Developing Countries and International Trade
- 1 Law and Development for Least Developed Countries
- 2 Development Disputes in International Trade
- 3 Intellectual Property Rights, Trade, and Economic Development
- 4 Trade, Border Security, and Development
- Part II Law and Development in the World Trade Organization
- Part III Law and Development in Free Trade Agreements
- Part IV Law and Development in Regional Initiatives
- Epilogue
- Index
- References
Summary
Introduction
A central “law and development” perspective on international economic law relates to the effective participation of developing countries in the international economic and legal system – in the World Trade Organization (WTO), regional trade agreements (RTAs), bilateral investment treaties (BITs), and other international economic legal mechanisms. In this field, considerable attention has been given over the past decade or so to two overarching legal issues. Substantively, there is the seemingly intractable difficulty in concretizing and enforcing fluid concepts such as “development,” “special and differential treatment” (SDT), and “common but differentiated responsibilities (CDR)” as firm legal rules and principles. In terms of process and procedure, there is the question of the diminished capacity of developing countries (and associated private economic actors) to use rules-based dispute settlement, such as in the WTO, or under RTAs and BITs, to their advantage.
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2011
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