The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis

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The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis

By Kamala Dawar
Hart Publishing September 2017

Specifications

ISBN-13
9781509908240
Publisher
Hart Publishing
Publication
September 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book examines the international regulation of public procurement from a competition perspective. It undertakes this research with specific reference to the crisis years 2008-2012.

The book includes a comparative analysis of the regulation of public procurement at both multilateral and regional levels, identifying both the strengths and weakness in the WTO legal framework and selected regional trade agreements (RTAs).

Ultimately, the aim of this work is to provide options for improving the consistency of these laws and the regulation of these markets. This is of immediate relevance for good economic governance, as well as for managing future systemic financial crises in the interests of citizens: as tax payers and consumers.

Table of Contents

1. Introduction
I. Overview
II. Promoting Competition
III. Government Procurement Law and Policy
IV. Integrating Competition and Government Procurement Laws
V. Private Anti-Competitive Behaviour
VI. Assessing the Legality of the Crisis Measures in Six Case Study Countries
VII. The Enforcement of International Trade Law in a Crisis
VIII. The Outline of the Book

Part I: The Rules Governing Bailouts and Buy-Nationals
2. The International Framework
I. Introduction
II. Competition Policy and Non-Discrimination under the GATT
III. Competition and Public Procurement under the GATT
IV. GATT Article I:1 Most Favoured Nation and Government Procurement
V. Buy-Nationals under the Agreement on Subsidies and Countervailing Measures
VI. Competition Policy under the GATS: Bailouts and Buy-Nationals
VII. The WTO Government Procurement Agreement and Competition
VIII. Conclusions
3. The Regional Rules
I. Overview
II. Selecting the RTAs for Assessment
III. The USA's RTAs
IV. Brazil's RTAs
V. India's RTAs
VI. The EU's RTAs
VII. TFEU State Aid Rules under WTO Commitments
VIII. Conclusions
4. Characterising the Rules
I. Introduction
II. Assessing the Provisions
III. The Nature of Legal Obligations
A. Bilateral and Collective Obligations
IV. The Nature of Selected WTO Obligations
V. WTO GPA Provisions
VI. WTO ASCM Provisions
VII. Characterising the Selected RTA Provisions
VIII. The TFEU and the Role of the European Commission
IX. Summary Conclusions

Part II: The Case Studies International Trade Law in a Crisis: Who Makes it and Who Breaks it?
5. Assessing the Legality of Bailouts and Buy-Nationals
I. US Fiscal Bailout Measures
II. Brazil's Bailout Measures in the Financial Sector
III. The Legality of India's Bailouts and Buy-Nationals
IV. Regulating Crisis Bailouts under the TFEU
V. Member State Bailouts in the Financial Sector
VI. The UK Financial Sector Bailouts under the TFEU
VII. The Financial Bailout Measures in Germany
VIII. The Legality of the Rescue Measures under the TFEU
IX. The Interface between EU State Aid Control and the ASCM

Part III: Enforcing International Trade Law in a Crisis
6. Challenging Bailouts and Buy National Measures
I. Overview
II. WTO Consultations and the Dispute Settlement Body
III. WTO Trade Remedies 2008–13
IV. Regional Regulatory Responses to the Crisis
7. From the Wealth to the Stealth of Nations
I. Overview
II. Increasing Compliance During Crises: The Case for Collective Enforcement
III. The Institution of the WTO
IV. Hodie tibi, cras mihi?
V. To the Health or the Stealth of Nations?
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