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Preface; Contents; Introduction: IP and the Asia-Pacific `Spaghetti Bowl℗þ of Free Trade Agreements; 1 Forum Shifting in Intellectual Property Negotiations: From Bi-lateral Negotiations to TRIPS and Back?; 2 Intellectual Property in the `Spaghetti Bowl℗þ of FTAs in the Region; 3 The Structure of the Book and the Contributions in Context; References; Part I: Free Trade Agreements in the Context of WTO and International Law; An Overview of Free Trade Agreements in the Asia-Pacific Region with a Particular Focus on Intellectual Property; 1 Introduction
2 The Asia-Pacific Region as the Focus of Comparison3 The Political and Economic Background to Concluded Agreements and Negotiations in Progress; 4 Regional FTA Clusters; 5 FTAs with Low Level of IP Content; 6 A Focus on Cooperation and Collaboration; 7 Intellectual Property Chapters in Free Trade Agreements; Conclusion; References; Legal Effects and Policy Considerations for Free Trade Agreements: What Is Wrong with FTAs?; 1 Problem Outline; 2 The `Spaghetti Bowl Plus One℗þ: Legal Effects of Introducing Additional FTAs into the Bowl; 2.1 Unrelated Obligations or One Coherent Standard?
2.1.1 Definition of Conflict2.1.2 Presumption Against the Existence of Conflict; 2.1.3 Universal Agreements: Minimum Standards and Favourability Rules; 2.1.4 FTAs: Concurrence of Aims and NT and MFN Effects; 2.1.5 Result: One Coherent Standard Set by the `Spaghetti Bowl℗þ; 2.2 Excursus: The Odd Exception of Conflicting FTAs in the `Spaghetti Bowl℗þ and Their Legal Effects; 2.3 Conclusion on Legal Effects and Consequences for FTA Negotiations; 3 Policy Processes in FTA Negotiations: What Is Wrong with FTAs?; 3.1 Country Groups; 3.2 Interests in FTAs; 3.2.1 Group A; 3.2.2 Group B; 3.2.3 Group C
3.2.4 Group D3.3 Risks of IP-Related Trade-Offs; 4 Conclusions; 5 Some Initial Thoughts on Remedies; References; Part II: The Political Economy of Free Trade Agreements in the Asia-Pacific Region; What Drives Regionalism in East Asia-And Why It Matters; 1 Introduction; 2 Increasing Interdependence as a Driving Force for the New PTAs; 3 Have Business Interests Driven the New East Asian Regionalism?; 3.1 The State as Agent or Principal?; 4 The Consequences of the Political Domino Effect; Conclusion; References; The Topology of ASEAN FTAs, with Special Reference to IP-Related Provisions
1 Introductory Remarks2 The Challenging Backdrop and Strategic Responses; 2.1 Deep-Seated Economic Challenges and Difficulties; 2.1.1 The Changed Environment in Development and Globalization; 2.1.2 The Asian Financial Crisis and Its Aftermath; 2.1.3 The China Factor; 2.1.3.1 Rising Economic Influence; 2.1.3.2 Unrivalled Economic Gains; 2.1.3.3 Huge Import Demand; 2.2 Strategic Economic Responses and Initiatives; 2.2.1 Accelerating Regional Integration and Liberalization; 2.2.2 Building on Current Strengths and New Complementarities; 3 ASEAN FTAs with Dialogue Partners
2 The Asia-Pacific Region as the Focus of Comparison3 The Political and Economic Background to Concluded Agreements and Negotiations in Progress; 4 Regional FTA Clusters; 5 FTAs with Low Level of IP Content; 6 A Focus on Cooperation and Collaboration; 7 Intellectual Property Chapters in Free Trade Agreements; Conclusion; References; Legal Effects and Policy Considerations for Free Trade Agreements: What Is Wrong with FTAs?; 1 Problem Outline; 2 The `Spaghetti Bowl Plus One℗þ: Legal Effects of Introducing Additional FTAs into the Bowl; 2.1 Unrelated Obligations or One Coherent Standard?
2.1.1 Definition of Conflict2.1.2 Presumption Against the Existence of Conflict; 2.1.3 Universal Agreements: Minimum Standards and Favourability Rules; 2.1.4 FTAs: Concurrence of Aims and NT and MFN Effects; 2.1.5 Result: One Coherent Standard Set by the `Spaghetti Bowl℗þ; 2.2 Excursus: The Odd Exception of Conflicting FTAs in the `Spaghetti Bowl℗þ and Their Legal Effects; 2.3 Conclusion on Legal Effects and Consequences for FTA Negotiations; 3 Policy Processes in FTA Negotiations: What Is Wrong with FTAs?; 3.1 Country Groups; 3.2 Interests in FTAs; 3.2.1 Group A; 3.2.2 Group B; 3.2.3 Group C
3.2.4 Group D3.3 Risks of IP-Related Trade-Offs; 4 Conclusions; 5 Some Initial Thoughts on Remedies; References; Part II: The Political Economy of Free Trade Agreements in the Asia-Pacific Region; What Drives Regionalism in East Asia-And Why It Matters; 1 Introduction; 2 Increasing Interdependence as a Driving Force for the New PTAs; 3 Have Business Interests Driven the New East Asian Regionalism?; 3.1 The State as Agent or Principal?; 4 The Consequences of the Political Domino Effect; Conclusion; References; The Topology of ASEAN FTAs, with Special Reference to IP-Related Provisions
1 Introductory Remarks2 The Challenging Backdrop and Strategic Responses; 2.1 Deep-Seated Economic Challenges and Difficulties; 2.1.1 The Changed Environment in Development and Globalization; 2.1.2 The Asian Financial Crisis and Its Aftermath; 2.1.3 The China Factor; 2.1.3.1 Rising Economic Influence; 2.1.3.2 Unrivalled Economic Gains; 2.1.3.3 Huge Import Demand; 2.2 Strategic Economic Responses and Initiatives; 2.2.1 Accelerating Regional Integration and Liberalization; 2.2.2 Building on Current Strengths and New Complementarities; 3 ASEAN FTAs with Dialogue Partners