International rules on trade in services and intellectual property are ’new’ additions to the multilateral trading system, but both have played an important role in the system since their entry. Accompanied by a detailed introduction, this volume contains essays which cover not only the law and jurisprudence of these topics but also the underlying economics and politics behind their incorporation into the multilateral system and continued prominence. The volume provides readers with a comprehensive overview of the development of these controversial and increasingly important areas of international trade law.
Table of Contents
Contents: Introduction; Part I Conceptual Issues: Ideas, interests, and institutionalization: ’trade in services’ and the Uruguay Round, William J. Drake and Kalypso NicolaÃ¯dis. GATS Case Law: Eleven years of GATS case law: what have we learned?, Eric H. Leroux; Rien ne va plus? Distinguishing domestic regulation from market access in GATT and GATS, Joost Pauwelyn. Challenges: Public services and trade liberalization: mapping the legal framework, Marcus Krajewski; Movement of natural persons and the GATS, Rupa Chanda; Determining the necessity of domestic regulations in services: the best is yet to come, Panagiotis Delimatsis. Part II Intellectual Property: The TRIPS Agreement: The objectives and principles of the TRIPS agreement, Peter K. Yu; Intellectual property, trade and development: the state of play, Daniel J. Gervais; The globalization of private knowledge goods and the privatization of global public goods, Keith E. Maskus and Jerome H. Reichman; TRIPS - Round II: should users strike back?, Rochelle Cooper Dreyfuss; Back to bilateralism? Pendulum swings in international intellectual property agreements, Ruth L. Okediji; Enough is enough - the notion of binding ceilings in international intellectual property protection, Annette Kur and Henning Grosse Ruse-Khan; The tragedy of TRIPS, Peter M. Gerhart; Name index.
Markus Krajewski is University Professor for Public and International Law, Faculty of Law, University of Erlangen-Nuremberg, Germany and Bryan C. Mercurio is Professor of Law and Associate Dean (Research), Faculty of Law, The Chinese University of Hong Kong, Hong Kong.