Law Commons^™

Governance Interactions In Sustainable Supply Chain Management, Errol Meidinger

Contributions to Books

Published as Chapter 3 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

Supply chains are a major site of transnational business governance, and yet their dynamics and effectiveness are usually more assumed than interrogated in regulatory governance discourse. The very term ‘chain’ implies a more determinist and simplistic understanding of supply relationships than is empirically supportable. Supply chains in practice are complex, dynamic, and highly variable networks. Based on peer-group presentations by more than sixty supply chain professionals, this chapter analyzes …

Tpp And Environmental Regulation, Errol Meidinger

Contributions to Books

Published as Chapter 8 in Megaregulation Contested: Global Economic Ordering After TPP, Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz & Atsushi Sunami, eds.

This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective enforcement; incorporates duties from several multilateral environmental agreements; adds new provisions addressing several important environmental problems; mandates administrative best practices; promotes corporate social responsibility and the use of voluntary certification systems; and …

The Embedded Liberalism Compromise In The Making Of The Gatt And Uruguay Round Agreements, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 2 in The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited, Gillian Moon & Lisa Toohey, eds.

Putting “Human Rights” Back Into The U.N. Guiding Principles On Business And Human Rights: Shifting Frames And Embedding Participation Rights, Tara J. Melish

Contributions to Books

Published as Chapter 4 in Business and Human Rights: Beyond the End of the Beginning, Cesar Rodriguez-Garavito, ed.

The Asean–Australia–New Zealand Fta (Aanzfta), Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 6 in 2 Bilateral and Regional Trade Agreements: Case Studies (2d ed.), Simon Lester, Bryan Mercurio & Lorand Bartels, eds.

The ASEAN–Australia–New Zealand FTA (AANZFTA) combines two different pre-existing country groupings of long-standing. The first of these is ASEAN, the Association of Southeast Asian Nations, which was founded in 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. This grouping has expanded over the years, with Brunei Darussalam joining in 1984, followed by Vietnam in 1995, Laos and Myanmar in 1997, and Cambodia in 1999. While ASEAN has existed for nearly 50 years, for most of that …

When Popular Decisions Rest On Shaky Foundations: Systemic Implications Of Selected Wto Appellate Body Trade Remedies Jurisprudence, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 9 in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita, Julien Chaisse & Tsai-yu Lin, eds.

This chapter argues that the WTO Appellate Body has not been consistent in applying Article 31 of the VCLT and considering the context of the relevant treaty text in light of its object and purpose. It has instead either been overly mechanistic in its textual interpretation or has strayed from the text, sometimes with the appearance of preferring an outcome-based result. Part I of the chapter discusses the appropriate role context should play in interpreting the WTO agreements. …

Achieving A Free Trade Area Of The Asia-Pacific: Does The Tpp Present The Most Attractive Path?, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 15 in The Trans-Pacific Partnership : A Quest for a Twenty-First Century Trade Agreement, C.L. Lim, Deborah K. Elms & Patrick Low, eds.

This chapter examines the prospects for the Trans-Pacific Partnership (TPP) to expand into a Free Trade Area of the Asia-Pacific (FTAAP). It does so by comparing the TPP to other potential models for Asian economic integration, and by identifying what factors might enhance or diminish the possibility of the TPP serving as the FTAAP model.

First, the chapter briefly traces the history of the TPP and its linkage to a potential FTAAP. Second, it …

The Politics And Indirect Effects Of Asymmetrical Bargaining Power In Free Trade Agreements, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 2 in The Politics of International Economic Law, Tomer Broude, Marc L. Busch & Amelia Proges, eds.

The World Trade Organization (WTO) has been, and continues to be, shaped in its agreements and institutional foci in significant part by political pressures emanating from its members, particularly those able to wield the most influence. Rather than being an institution with the singular focus of achieving free trade among all members, the WTO comprises a complex set of agreements, many of which represent a politically driven compromise among members as to how to manage trade rather than to liberalize …

Stability, Integration And Political Modalities: Some American Reflections On The European Project After The Financial Crisis, David A. Westbrook

Contributions to Books

Published as Chapter 22 in Making Transnational Law Work in the Global Economy: Essays in Honour of Detlev Vagts, Pieter H. F. Bekker, Rudolf Dolzer & Michael Waibel, eds.

To those of us concerned with transnational law, and especially the role of German law on the global stage, it does not need saying that Professor Detlev Vagts is highly deserving of that Germanic and traditional scholarly honour, a Festchrift. (In this context, ‘does not need saying’ of course means ‘should be said repeatedly’.) We all owe Detlev Vagts, and as a Germanic traditionalist, I would be delighted to contribute to …

Safety Standards And Indigenous Products: What Role For Traditional Knowledge?, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 8 in International Economic Law and National Autonomy, Meredith Kolsky Lewis & Susy Frankel, eds.

Indigenous communities have used native plants as foods and for medicinal purposes for thousands of years. Some of these indigenous products have proven sufficiently popular that individuals outside the indigenous community have sought to consume, purchase and market them. In certain instances, new products have been derived from the indigenous plant and sold outside the indigenous community. In other cases, the indigenous product has been exported in its original form, but utilized in non-traditional ways in the export market. In recent years, …

Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger

Contributions to Books

Published as Chapter 12 in Import Safety: Regulatory Governance in the Global Economy, Cary Coglianese, Adam M. Finkel & David Zaring, eds.

This paper examines the role of ‘private’ (non-governmental) regulatory programs in assuring the safety of imported products. Focusing particularly on food safety it argues that private regulatory institutions have great capacity to control safety hazards and to implement dynamic systems for detecting and correcting nascent risks. However, to establish the accountability and legitimacy relationships necessary for long-term effectiveness, private safety regulatory programs must devise new ways of incorporating and responding to the interests of developing country producers, laborers, …