In a time of changing trade norms, when free trade seems to be giving way to new kinds of nationalism, some fundamental questions about trade are still not being asked. Is trade consensual or coercive? Is 'free trade' as currently practiced really free? If not, what difference can trade law make in addressing economically oppressive practices that nationalistic trade policies cannot? In this book Garcia offers an examination of trade law's roots in consensual exchange, highlighting the central role of consent in differentiating trade from legally facilitated coercion, exploitation or predation. The book revisits the premise of consensual exchange which underlies the rhetoric of 'free trade', and then examines the social and political conditions that are a necessary part of a more genuine trade law system, in service of the idea that recovering consent in trade law can promote human flourishing on a global scale.
This ground-breaking study is the first book to take a comprehensive approach to the subject of transboundary shipments of hazardous substances and the instruments employed for regulating such shipments. It fully explains which types of trade regulating instruments are employed by which agreements, and then goes on to evaluate the pros and cons of these instruments with respect to their compatibility with international legal norms, especially WTO law. Taken in conjunction with other trade-regulating measures, this analysis assesses the PIC concept/ procedure from three perspectives: its effect on state sovereignty, its potential for enhancing environmental and health protection in importing states, and its relationship with the free-trade regime, represented primarily by the GATT and the SPS and TBT Agreements of the WTO. The analysis also includes coverage of the pertinent export laws of the EU and the United-States, and of the export and import laws of India pertaining to potentially hazardous substances and products.
This work comprehensively covers the legal issues and practical concerns of trade mark licensing in the international context, particularly with regard to the UK and USA. It describes the historical development and current practice of the relevant laws, including the registered user system, quality control, the Lanham Act and the UK 1994 Trade Marks Act. The focus of the work is on types of license agreement, contractual aspects and problems connected with termination. It addresses EC competition law, bankruptcy, product liability and special text considerations, and concludes with an annotated sample trade mark licence, together with extensive cross-references and annotations.
Published Under the Garamond Imprint From Consent to Coercion addresses several of the key issues about the future of unions and social democratic policies in Canada.
Economics, in our modern sense of the term, was not a discipline in the Middle Ages, although the history of economic thought is often written as though it were. Lianna Farber restores the core economic concept of trade to its medieval contexts, showing that it contains three component parts: value, consent, and community. Medieval writing about trade not only relies on these elements, it presents them as unproblematic. By addressing texts in which each element of trade is discussed directly, Farber demonstrates that this straightforward picture is falsely reassuring. In fact, these ideas were deeply contested. In the end, Farber reveals, writing about trade was not descriptive but argumentative, analyzing the act in an attempt to justify it. Such texts reveal deep intellectual uncertainties about the market society they advocated. An Anatomy of Trade in Medieval Writing benefits from Farber's close reading of literary sources, among them the poetry of Geoffrey Chaucer and Robert Henryson; theological sources, including the writing of Thomas Aquinas and Richard of Middleton; and legal sources such as the canon law on marriage formation. A provocative contribution to our understanding of medieval life and thought, this book implies a need to reconsider the genealogy of economics as a way of thinking about the world.