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Books > Law > International law > Public international law > International law of transport & communications > General
Now in its sixth edition, this key text provides a comprehensive
analysis of the international carriage of goods by road under the
provisions of the CMR Convention. The author offers unparalleled
coverage of both English and European case law in a text that is
praised for its accessible, user-friendly style.
This new edition is fully updated with the very latest in case
law both internationally and on a domestic level, including:
- New developments on the applicability of the CMR to multimodal
transport, as per the "Godafoss" case
- The concept of the "wilful misconduct" in failure to guard the
vehicle
- Thorough analysis of "TNT Express Nederland BV "v" AXA
Versicherung AG
"
It also provides new coverage of the impact of e-commerce on
road haulage.
This book is an invaluable reference tool for transport
practitioners with an international and domestic client base. It is
also a useful guide for academics and students of the carriage of
goods by road.
This technical study examines the state of e-commerce
infrastructure among CAREC countries looking at internet payment
systems, delivery, and logistics infrastructure. Digital trade
promotion has been a long-standing priority for member countries of
the Central Asia Regional Economic Cooperation (CAREC) Program to
support their integration into global value chains and economic
diversification. The study underscores the importance of enabling
legislation, digital literacy, and creation of trust. Comprehensive
strategy; adequate data for policy making; and support for
e-commerce ecosystems, industry associations, and start-ups could
nurture e-commerce markets. In addition, CAREC countries must
leverage international and regional initiatives to expand domestic
and cross-border e-commerce and promote digital trade.
This report provides an analysis of the rise of non-tariff measures
(NTMs) and its implications for Asia and the Pacific. Prepared
jointly by ESCAP and UNCTAD, it reviews the costs and benefits
associated with such measures from a sustainable development
perspective, and identifies good practices to ensure that they
serve their legitimate social or environmental purpose while not
unnecessarily and negatively affecting trade and investment. The
report focuses on the rise of NTMs and why they matter for
sustainable development. It delves on the impact of NTMs in Asia
and the Pacific, explores their relationship to international
standards and discusses streamlining NTMs for Sustainable
Development.
International commercial contracts in the context of increasing
globalization of the national markets have posed some of the most
difficult questions of the legal theory as developed since the
emergence of nation states; those are, whether it is possible or
desirable to allow international commercial contracts to be
governed by the law merchant or, in its medieval name, lex
mercatoria, a body of rules which has not been derived from the
will of sovereign states, but mainly from transnational trade
usages and practices, and to what extent those rules should govern
transnational transactions. The traditional approach of legal
positivism to the questions maintains that law governing contracts
containing a foreign element should be a national law which will be
determined according to choice of law rules. However, the
particularities of cross border trade yield unsatisfactory results
when the rules essentially designed for the settlement of domestic
disputes or national laws pertaining to international economic
relations, but developed under the influence of a certain legal
tradition, are tried to be applied. New solutions are needed to
overcome the special problems of international trade between
merchants from different legal systems. In that regard, while the
international commercial arbitration which has been freed from the
constraints of the domestic laws is an important step, the courts
generally applying the principle of party autonomy which allows
parties to designate the law that will apply to their transactions
have proved insufficient due to the positivistic influence on the
conflict of laws rules of most countries which has limited parties'
choice of law to the national substantive laws. The problems
created by those inconsistencies and divergences have been felt
more strongly in the European Community which constitutes an
internal market by integrating the national markets of Member
States into a single one. The present paper is an attempt to search
for answers to those questions with a special emphasis on the
situation in the European Community on the basis of the idea that
law as a servant of social need must take account of the far
reaching and dramatic socio-economic changes.
Written by eminent international judges, scholars and
practitioners, this book offers a timely study of China's role in
international dispute resolution in the context of the construction
of the 'Belt and Road Initiative' (BRI). It provides in-depth
analysis of the law and practice in the fields of international
trade, commerce, investment and international law of the sea, as
they relate to the BRI construction. It is the first comprehensive
assessment of China's policy and practice in international dispute
resolution, in general and in individual fields, in the context of
the BRI construction. This book will be an indispensable reading
for scholars and practitioners with interest in China and
international dispute resolution. It also constitutes an invaluable
reference for anyone interested in the changing international law
and order, in which China is playing an increasingly significant
role, particularly through the BRI construction.
This report explores how Asia and the Pacific can capitalize on
growing opportunities in digital services through structural
reforms and international cooperation. Another year into the
coronavirus disease (COVID-19) pandemic, the report describes an
Asia and Pacific region that has more experience in tackling
pandemic hardships, better data showing positive integration
trends, and greater confidence in regional cooperation to address
shared concerns. The publication gives an overview of changes in
trade and global value chains, cross-border investment, financial
integration, and the movement of people since the pandemic began.
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