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

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

Author: Kamala Dawar
Publisher: Hart Publishing
ISBN: 9781509908240

Published In: September 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509935130

List Price: RM631.80

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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.

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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