Small and Medium-Sized Enterprises in International Economic Law

ISBN : 9780198795650

Thilo Rensmann
416 ページ
156 x 234 mm
International Economic Law Series

International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law.


Thilo Rensmann: Introduction

PART I: International Trade Law
1 Rudolf Adlung and Marta Soprana: Trade Policy for SMEs from a GATS Perspective
2 Arancha Gonzalez: Leveraging Trade Facilitation Reforms for Increased SME Competitiveness
3 Karsten Potschke: Rediscovering the Forgotten Article of the WTO Anti-Dumping Agreement: How Article 6.13 Protects SMEs
4 Tilman Dralle: The South African Walmart/Massmart Case: SME-Friendly Domestic Competition Laws in the Light of International Economic Law
5 Caroline Nicholas and Anna Caroline Muller: SME Participation in Government Procurement Markets - Legal and Policy Considerations under the WTO Agreement on Government Procurement and the UNCITRAL Model Law on Public Procurement

PART II: Regional and Transregional Trade Law
6 Martina Lodrant and Lucian Cernat: SME Provisions in Trade Agreements and the Case of TTIP
7 Heng Wang: An Asian Perspective on SMEs in International Economic Law: Opportunities and Challenges Arising from the TPP
8 Ilan Sherr, Rebecca Fawcett-Feuillette, and Katrien Miclotte: Support of SMEs under European State Aid Law

PART III: International Investment Law
9 Joachim Karl: Opportunities and Challenges of International Investment Law for SMEs
10 Perry S. Bechky: Microinvestment Disputes
11 Alexander Gebert: Legal Protection for SMEs through Investor-State Dispute Settlement: Impediments and Potential Solutions

PART IV: Human Rights, Development, and Entrepreneurship
12 Michael Addo: Business and Human Rights: The Challenges for SMEs
13 Fiorina Mugione and Fulvia Farinelli: Promoting Entrepreneurship for Development: SMEs and the UNCTAD Entrepreneurship Policy Framework

Rudolf Adlung and Marta Soprana: Annex: How small are small and medium-sized enterprises?


Thilo Rensmann is Professor of Public, International and European Law at the University of Augsburg and former Director of the Research Center of International Economic Law at the University of Dresden.