Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Banner

The Legality of Bailouts and Buy Nationals

International Trade Law in a Crisis

By: Kamala Dawar
Media of The Legality of Bailouts and Buy Nationals
See larger image
Published: 21-09-2017
Format: Hardback
Edition: 1st
Extent: 272
ISBN: 9781509908240
Imprint: Hart Publishing
Series: Hart Studies in Competition Law
Dimensions: 234 x 156 mm
RRP: £64.99
 

: UK Delivery 5-7 working days

This book is also available in other formats: View formats

Delivery & Returns

Tell others about this book

Loren Epson

About The Legality of Bailouts and Buy Nationals

"This book offers a well-argued and insightful critical assessment of the shortcomings of international trade and competition rules in tackling interventionist State measures in the context of an economic crisis. Dawar offers an evidence-rich account of the challenges that State protectionism creates for international trade liberalisation and for the protection of competition in international markets. Her insights will be particularly interesting in the context of current events leading to another surge of State economic interventionism, both for academics and for policy-makers with an interest in international trade."
Dr Albert Sanchez-Graells, University of Bristol Law School

"This book bursts the bubble of the self-congratulatory attitude that existing institutions, which were set up to discipline governments from a race to the bottom on economic policy, worked well after the financial crisis. These institutions may have prevented tariff wars, a big achievement compared to the time of the Great Depression. But they went along with the subsidies and state aid that governments put in place after 2007. Such flexibility on economic policy is essential in turbulent times. But these institutions are undermined if flexibility comes with a race to the bottom that shifts money away from policies for the more marginalized sections of society. At a time when the left behinds are changing the political landscape of the world, Kamala's book debunks the myth of the success of existing institutions in containing the economic fallout of the global financial crisis. It gives a sobering warning of what might unfold when institutions deal with economic challenges by turning a blind eye to their own rules for checking unfair competition."
Dr Swati Dhingra, Senior Lecturer at the Department of Economics, London School of Economomics

'An impressive contribution to our understanding of the financial crisis. Dawar's reading of bailouts and buy national through the lens of competition law and government procurement law and policy is inspirational.'
Professor Mary E Footer, University of Nottingham School of Law

'The diplomatic fiction that during the crisis years regional and global trade rules ensured a level commercial playing field is skewered by Dawar's trenchant legal analysis.'
Professor Simon Evenett, University of St Gallen



This book examines the international regulation of crises bailouts and buy national policies. 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 and subsidies aid at both multilateral and regional levels, identifying 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?

Bookmark and Share
Close