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Small and Medium-Sized Enterprises in International Economic Law

Small and Medium-Sized Enterprises in International Economic Law

Author: Thilo Rensmann
Publisher: Oxford University Press
ISBN: 9780198795650
Published In: May 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Introduction, Thilo Rensmann

PART I: International Trade Law
1: Trade Policy for SMEs from a GATS Perspective, Rudolf Adlung and Marta Soprana
2: Leveraging Trade Facilitation Reforms for Increased SME Competitiveness, Arancha González
3: Rediscovering the Forgotten Article of the WTO Anti-Dumping Agreement: How Article 6.13 Protects SMEs, Karsten Pötschke
4: The South African Walmart/Massmart Case: SME-Friendly Domestic Competition Laws in the Light of International Economic Law, Tilman Dralle
5: SME Participation in Government Procurement Markets - Legal and Policy Considerations under the WTO Agreement on Government Procurement and the UNCITRAL Model Law on Public Procurement, Caroline Nicholas and Anna Caroline Müller

PART II: Regional and Transregional Trade Law
6: SME Provisions in Trade Agreements and the Case of TTIP, Martina Lodrant and Lucian Cernat
7: An Asian Perspective on SMEs in International Economic Law: Opportunities and Challenges Arising from the TPP, Heng Wang
8: Support of SMEs under European State Aid Law, Ilan Sherr, Rebecca Fawcett-Feuillette, and Katrien Miclotte

PART III: International Investment Law
9: Opportunities and Challenges of International Investment Law for SMEs, Joachim Karl
10: Microinvestment Disputes, Perry S. Bechky
11: Legal Protection for SMEs through Investor-State Dispute Settlement: Impediments and Potential Solutions, Alexander Gebert

PART IV: Human Rights, Development, and Entrepreneurship
12: Business and Human Rights: The Challenges for SMEs, Michael Addo
13: Promoting Entrepreneurship for Development: SMEs and the UNCTAD Entrepreneurship Policy Framework, Fiorina Mugione and Fulvia Farinelli
Annex: How small are small and medium-sized enterprises?, Rudolf Adlung and Marta Soprana