Institutional bypass is a reform strategy that creates alternative institutional regimes to give citizens a choice of service provider and create a form of competition between the dominant institution and the institutional bypass. While novel in the academic literature, the concept captures practices already being used in developing countries. In this illuminating book, Mariana Mota Prado and Michael J. Trebilcock explore the strengths and limits of this strategy with detailed case studies, showing how citizen preferences provide a benchmark against which future reform initiatives can be evaluated, and in this way change the dynamics of the reform process. While not a 'silver bullet' to the challenge of institutional reform, institutional bypasses add to the portfolio of strategies to promote development. This work should be read by development researchers, scholars, policymakers, and anyone else seeking options on how to promote change and implement reforms in developing countries around the world.
Written by two leading scholars with 60 years of collective experience in the area, this insightful updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key updates include references to the most recent cases, decisions and treaty negotiation developments, analysis of populist critiques of international trade law and analysis of new areas including digital trade and security exceptions.
In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations. Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored.
`A coherent and lively tale that traces in considerable detail the evolution of Canadian immigration policy.' Christopher G. Anderson, Journal of Canadian Studies `A thorough account of Canada's immigration policies ... Any reader interested in immigration to Canada now has a one-stop source for its history.' Douglas Fisher, Ottawa Sun `A closely textured, well-conceived narrative ... an ambitious work that is tremendously reader-friendly.' Barbara Lorenzkowski, Social History `Masterful and meticulously documented.' J.D. Blackwell, Choice `A rich resource for scholars of Canadian immigration.' John Harles, Canadian Journal of Political Science
Dealing with Losers addresses the transition costs associated with most policy reforms and strategies for mitigating those costs in order to facilitate the necessary political compromises to ensure that socially desirable reforms move forward. This book examines widely disparate public policy contexts - from trade liberalization to agricultural supply management, immigration, and climate change policy - to illustrate the importance, in political economy terms, of well-considered transition cost mitigation strategies.
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within this framework, the authors explore such key trade issues as the following: dispute settlement; implementation of judicial decisions and enforcement; principles of non-discrimination; trade in goods; non-discriminatory restrictions as barriers to trade; exceptions from trade-liberalisation obligations; trade and environmental protection;trade in agricultural products; conditions for applying safeguard and anti-dumping measures; prohibited and actionable subsidies; regulation of services; protection of intellectual property rights; regional trade agreements; special and differential treatments; government procurement; competition policy; and regulation of investment. As a timely and accessible analysis of the WTO and its interaction with the EU, this book is sure to be welcomed by international trade professionals, government officials, and interested academics, students, and researchers.
Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock and Howse here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. *competition Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of preferential trade agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007-2010 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.
An important read for academics and policy-makers alike, Hard Choices, Soft Law asserts that voluntary standards, or 'soft' law, are an important supplement to international law in a number of areas. This key work firstly outlines the approach taken to combining soft and hard law and trade, environment and labour values in the WTO and NAFTA, and in the prospective Millennium Round. Then, using the forestry sector - a realm where formal international law remains largely absent - the book provides a detailed examination of the role of soft law in action. It demonstrates how soft and hard law can be combined to promote trade, environmental and social cohesion, in ways that also permit sustainable development. The book presents a wealth of knowledge from a range of contributors familiar with the work of the G7/G8, the OECD, the Biodiversity Convention and the Codex Alimentarius.
Rethinking the Welfare State offers a comprehensive and comparative analysis of social welfare policy in an international context, with a particular emphasis on the US and Canada. The authors investigate the claim that a decentralized delivery of government supported goods and services enables policy objectives to be achieved in a more innovative and efficient way, but at a lower cost. Secondly they examine the effectiveness of the voucher system as a solution to problematic welfare concerns. While this system has shown much promise in improving welfare, there have been problems for institutions unable to attract enough voucher-assisted consumers to ensure their survival. In this context, the authors examine major social programmes such as food stamps, primary and secondary education, post-secondary education, labour market training, childcare, healthcare, legal aid, low-income housing, long-term care and pensions.
In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
An internationally renowned scholar of law and economics, Michael J. Trebilcock has spent over fifty years teaching and researching at the intersection between ideas, interests, and institutions. In Public Inquiries, Trebilcock reflects on his extensive experiences and sheds light on the role of scholars in engaging with the Canadian public policy-making process. Drawing on a number of case studies, Public Inquiries gives an informed overview of the role of ideas and interests in shaping the policy-making process. Trebilcock takes readers through his personal experiences and what he has learned throughout his career. He puts forward general lessons about the public policy-making process and reform in areas including consumer protection, competition policy, trade policy, electricity reform, and legal aid. By showing that not all experiences have been triumphant, and that disappointments can be as revealing as successes, Trebilcock draws out personal lessons and insights with a view to improving the structure and effectiveness of public inquiries.
Occupational licensure, including regulation of the professions, dates back to the medieval period. While the guilds that performed this regulatory function have long since vanished, professional regulation continues to this day. For instance, in the United States, 22 per cent of American workers must hold licenses simply to do their jobs. While long-established professions have more settled regulatory paradigms, the case studies in Paradoxes of Professional Regulation explore other professions, taking note of incompetent services and the serious risks they pose to the physical, mental, or emotional health, financial well-being, or legal status of uninformed consumers. Michael J. Trebilcock examines five case studies of the regulation of diverse professions, including alternative medicine, mental health care provision, financial planning, immigration consulting, and legal services. Noting the widely divergent approaches to the regulation of the same professions across different jurisdictions – paradoxes of professional regulation – the book is an attempt to develop a set of regulatory principles for the future. In its comparative approach, Paradoxes of Professional Regulation gets at the heart of the tensions influencing the regulatory landscape, and works toward practical lessons for bringing greater coherence to the way in which professions are regulated.
A fantastic introduction to international trade! Trebilcock does an outstanding job in breaking through the myth that international trade is somehow too hard to learn without years of study. The field is in desperate need of an expertly written yet accessible presentation, and now it has one. This should be everyones first book on the subject. - Andrew Guzman, University of California, US Michael Trebilcock is one of the leading scholars in the world on the law and economics of international trade. In this compact volume, he offers a concise and lucid survey of the legal and policy issues associated with this increasingly important body of law. It gives non-specialists an accessible introduction to the major issue areas, and is full of insights that specialists will find useful as well. - Alan O. Sykes, Stanford Law School, US This elegantly written and essential volume fills three important gaps. First, it provides an admirably accessible and precise explanation of international trade law, serving to inform students and neophyte practitioners. Second, it encapsulates Prof. Trebilcocks mastery of the doctrine and economic rationales of trade law, serving to inform scholars and advanced practitioners. Third, it develops a well-informed, nuanced, and wise critique of trade law, pointing the way forward for policy-makers. - Joel P. Trachtman, Tufts University, US Michael Trebilcock is one of the intellectual giants in the law of international trade. This work makes an important contribution to our understanding of trade law and will become a classic in the field. It is masterly. - Jagdish Bhagwati, Columbia University, US This book provides a short, straightforward account of the basic structure and principles of international trade law written by one of the leading authorities in this field. The book covers, in a series of short chapters, all the major issues in international trade law, including dispute settlement; the Most Favoured Nation Principle; preferential trade agreements; the National Treatment Principle; contingent protection laws (anti-dumping, countervailing duties and safeguards); trade and agriculture; trade and services; trade and investment; trade-related intellectual property rights; trade policy and domestic health; safety, environmental and labour regulation; and trade policy and developing countries. Each chapter sets out the basic provisions and relevant GATT/WTO agreements governing the issues in question, the central issues or conflicts that have arisen in the interpretation and application of these provisions, leading GATT/WTO case law generated by the formal dispute settlement processes of the GATT/WTO, and unresolved issues that remain a matter of controversy.
Faced with increased levels of international competition and mounting budget deficits some developed, Western economies have responded by introducing trade restrictions. This book uses a comparative analysis of eight leading industrial nations (including Japan, the United States, West Germany and Britain) to demonstrate that such policies are mistaken. Alternatives to trade restrictions, including subsidies for industries and labour-market policy instruments are also shown to have their drawbacks, and the book emphasises the need for countries to find and exploit policies which fulfil their own political and social needs but which are least injurious to their trading partners.
This textbook provides a concise and accessible introduction to the principles and elements of policy design in contemporary governance. Howlett seeks to examine in detail the range of substantive and procedural policy instruments that together comprise the toolbox from which governments select specific tools expected to resolve policy problems. Guiding students through the study of the instruments used by governments in carrying out their tasks, adapting to, and altering, their environments, this book: Discusses several current trends in instrument use often linked to factors such as globalization and the increasingly networked nature of modern society. Considers the principles behind the selection and use of specific types of instruments in contemporary government. Evaluates in detail the merits, demerits and rationales for the use of specific organization, regulatory, financial and information-based tools and the trends visible in their use Addresses the issues of instrument mixes and their (re)design in a discussion of the future research agenda of policy design. Providing a comprehensive overview of this essential component of modern governance and featuring helpful definitions of key concepts and further reading, this book is essential reading for all students of public policy, administration and management.
Under a federal system of government, the division of responsibilities between the federal, provincial/state, and local levels of government may create internal barriers to trade. To deal with this problem, the federal and provincial governments in Canada established the Agreement on Internal Trade (AIT). This paper takes stock of the achievements and shortcomings of the AIT. Because the internal barriers to trade being addressed by the AIT are not unique to Canada, the agreement presents a useful model for reform that could be emulated by other countries.
Dealing with Losers addresses the transition costs associated with most policy reforms and strategies for mitigating those costs in order to facilitate the necessary political compromises to ensure that socially desirable reforms move forward. This book examines widely disparate public policy contexts - from trade liberalization to agricultural supply management, immigration, and climate change policy - to illustrate the importance, in political economy terms, of well-considered transition cost mitigation strategies.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
`A coherent and lively tale that traces in considerable detail the evolution of Canadian immigration policy.' Christopher G. Anderson, Journal of Canadian Studies `A thorough account of Canada's immigration policies ... Any reader interested in immigration to Canada now has a one-stop source for its history.' Douglas Fisher, Ottawa Sun `A closely textured, well-conceived narrative ... an ambitious work that is tremendously reader-friendly.' Barbara Lorenzkowski, Social History `Masterful and meticulously documented.' J.D. Blackwell, Choice `A rich resource for scholars of Canadian immigration.' John Harles, Canadian Journal of Political Science
An internationally renowned scholar of law and economics, Michael J. Trebilcock has spent over fifty years teaching and researching at the intersection between ideas, interests, and institutions. In Public Inquiries, Trebilcock reflects on his extensive experiences and sheds light on the role of scholars in engaging with the Canadian public policy-making process. Drawing on a number of case studies, Public Inquiries gives an informed overview of the role of ideas and interests in shaping the policy-making process. Trebilcock takes readers through his personal experiences and what he has learned throughout his career. He puts forward general lessons about the public policy-making process and reform in areas including consumer protection, competition policy, trade policy, electricity reform, and legal aid. By showing that not all experiences have been triumphant, and that disappointments can be as revealing as successes, Trebilcock draws out personal lessons and insights with a view to improving the structure and effectiveness of public inquiries.
Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.
Paradoxes of Professional Regulation draws on case-studies to develop a coherent and consistent set of regulatory principles for regulating diverse professions.
øThis book presents an accessible yet nuanced introduction to the basic structure and principles of international trade law. It explores the development of the international trade law regime, principally GATT and WTO law, and through clear and concise
In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
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