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Books > Law > International law > Public international law > International law of transport & communications > General
In his forty-three years as a practising lawyer, Kevin O'Donnell encountered a wide and sometimes weird mixture of characters lawyers, clients, police officers, and others. When it came time to tell the story of his career, he knew that he didn't want to write a book only about the law; he wanted to write a book about the people with whom and for whom he worked. Some of these stories may come off as improbable or even impossible, but they're all true. He shares tales of the more notable people he had the privilege of dealing with and the unusual situations those associations created. He received the occasional threat of violence, but fortunately, none of them came to pass. He also survived the aggression of his peers, in and out of court. During his experience as a law student, articled clerk, employee lawyer, senior associate for substantial law fi rms, and partner in a fi rm in regional Victoria, he saw it all- and some of the best anecdotes from those years await within. Many of the people he writes about are still his friends (and some never were), while some of them are now deceased. They've all provided him with amusement over the years, as well as wry smiles as he brought their shared adventures to life in his memoir.
"The Trademark Law Dictionary will be helpful for anyone who researches trademark law. With it, one can easily locate terms and quickly understand concepts-all in one volume. I am impressed with the enormous scope of this reference. The inclusion of international treaty terms is in itself a substantial contribution to the field." Christine Haight Farley Professor of Law American University Washington College of Law THE TRADEMARK LAW DICTIONARY Part of The Law Dictionary Series The One-Stop Source for Legal Terminology JDs, LLMs & SJDs Attorneys & Paralegals FIND IT Easy to Locate Terms & Cross-Referenced KNOW IT Clear & Easy to Understand USE IT Communicate Effectively & Efficiently Apply Intricate Terminology & Underlying Legal Concepts JDs, LLMs & SJDs need to be able to communicate effectively and efficiently. This Dictionary will afford Law Students and Law Professors with the resource they need to bring clarity to the burgeoning field of IP Law. Practitioners & Paralegals of Intellectual Property law must understand, cross-reference and apply intricate terminology. The IP Dictionary gives the Practitioner & Paralegal the ability to easily locate terms and underlying concepts and apply them to their work product. www.thelawdictionaryseries.com
At last, the students, coaches and arbitrators who have dedicated so many hours to the Danubia Files will see the results of their labours. Six tribunals of renowned international arbitrators and educators have issued awards in the Vis Problems XIV to XIX. Each award considers the issues and sets out the decision of the tribunal in their own words and style. And at last, here is a reference text that deals with one of the most important - yet most neglected - stages in arbitration procedure: the drafting of the arbitration Award. The first lesson of this book is that there is no single "right" way to draft an award. Each tribunal has its own voice, its own character; there are many styles that can produce a good award. "A wonderful achievement and highly innovative and useful contribution that will be of great interest to all international arbitration lawyers, scholars and students." - Gary Born, Chair, International Arbitration Group, Wilmer Cutler Pickering Hale and Dorr LLP. "I wish I'd thought of it This book will immediately become a "must-have" for law firm international arbitration groups. The awards not only increase the already rich value of the Vis problem materials for advocacy training, they also are a much-needed resource for award drafting practice. Be sure to read the down-to-earth drafting guides by Louise Barrington and Pierre Karrer." - Lucy Reed, Global co-Head, International Arbitration, Freshfields. "You can measure the height of the Great Pyramid at Cheops without climbing it by multiplying the height of a pole by the ratio of the two shadows (500 BC). You can put little wheels on luggage (1970). Great ideas in retrospect seem obvious, and the Danubia files are another." - Jan Paulsson, President, International Council of Commercial Arbitrators (ICCA).
This study examines U.S.-Mexico sugar trade with special attention given to the impact of changes in trade and market environments caused by implementation of the North American Free Trade Agreement (NAFTA) and the introduction of high fructose corn syrup (HFCS). These two factors contributed to shaping sugar markets in the United States and Mexico as well as sugar trade between the two countries. The study includes two sections: (1) a description of the sugar markets from an historic point of view and (2) an empirical study forecasting the market and trade outlook.In section one, characteristics of the sugar industry and transition of the sugar markets brought by the two factors (NAFTA and HFCS) are presented. Adoption of HFCS shaped the U.S. sweetener market in the 1980s and a similar phenomenon appears to be beginning in Mexico. This is explained by not only income growth but also the provisions of NAFTA that facilitate U.S. HFCS to enter the Mexican market and restrict Mexican sugar to the U.S. market. Although Mexico is promised favorable access to the U.S. market under NAFTA, it has not been successful in exporting sugar; rather, the focus has been to suppress HFCS adoption in the domestic market.Next, an empirical study comprised of three analyses is presented. Regression results from the market analysis showed that the estimated price elasticities for both sugar demand and supply are significant and inelastic. These estimates are built into the second model that examines bilateral trade. Results from simulations of the trade analysis indicate Mexico's HFCS adoption rate will determine the magnitude of Mexico's sugar export, which consequently poses a significant influence on U.S. markets. Also the way the U.S. government allocates quotas among exporters will have a significant impact, particularly on the costs of the U.S. sugar program. Game theory analysis is then used to assess what strategies the involved participants will prefer. The results suggest that there will be a conflict of interests and that the U.S. HFCS industry may play an influential role in forming a sugar policy.
This paper proposes improving anti-dumping 's (AD) procedural institutions by enhancing the quality of public governance in the formulation of AD decisions by national authorities. It further examines the AD practices and laws of China and South Africa, arguing that poor governance in emerging economies contributes to their prolific use of AD, usually disproportionate to their small share of world imports. These economies already maintain higher tariff barriers than industrial countries, so that without effective steps to ensure better governance to restrain the arbitrary and proliferating use of AD, they may lose out significantly on the gains from the trade liberalization for which they have been striving for decades.
Trade negotiations are a topic of growing importance, and the popularity of bilateral and regional trade deals as an alternative to slow negotiations at the World Trade Organization (WTO) is growing. But so is the anti-free trade sentiment among environmental and social-justice associations. Today, an important question is how free trade can be designed in a sustainable way. Based on the theoretical concept of two-level diplomacy, Astrid Fritz Carrapatoso analyzes whether domestic consultations help to further integrate trade-related environmental issues into trade agreements. Because the domestic dimension of international negotiations is often neglected, this study focuses on consultation procedures between the government and interest groups. Determinants for the integration of environmental aspects into trade agreements can thus be worked out. The book is aimed at scholars and students in the field of social sciences, economics, environmental studies, journalists interested in global and regional trade issues as well as environmental themes, politicians dealing with trade and environment issues and NGOs and other interest groups working in the environmental and/or trade sector.
In a broad survey this issue of "Current African Issues" presents a multifaceted picture of the current state of the African economy. After a period of falling per capita incomes that started in the 1970s, Africa finally saw a turnaround from about 1995. The last few years have seen average per capita incomes in Africa grow by above 3 per cent per year on average, partly due to the resource boom but also due to improved economic policies. Africa receives more aid per capita than any other major region in the world and there is a significantly positive effect of aid on growth.One of the most notable aspects of the current process of globalization is the increase in trade between Sub-Saharan Africa and Asia, particularly China and India. The authors conclude with a call for policy coherence among donors. The most problematic areas politically for policy change of those discussed in the paper are not aid policy but trade policy and the European Union Common Agricultural Policy. This is a challenge to EU policy makers, since the latter areas are probably the most important to change if we take our commitment to development seriously.
The UK's third statutory trade union recognition procedure appeared to have thrown unions a lifeline following many years of unfavourable legislation and attacks on their immunities. This book suggests that, despite the vast majority of new agreements being voluntary in nature, the statutory provisions do not encourage voluntary negotiations in every case. There is still a resistant trend towards unions generally even if recognition cases vary in terms of employer orientations. This book identifies weaknesses in the procedure allowing employers to use this ambiguous state regulation as a means of avoiding recognition, but also suggests that opposition is not extensive. The book identifies how despite reacting to the provisions in a proactive manner certain union strategies may actually hinder recognition. Debates have centred on whether the promotion of cooperative relations might marginalize unions. The book suggests that unions are often reactive to employers' agendas resulting in a restricted role. Although limited roles may subsequently lead to a greater involvement. This book would be of particular interest to industrial relations and HRM academics, practitioners and unions alike.
Since the 1970s, securitization has become a major financial technique in the international financial arena. Most developed countries and some developing countries utilize it for financing and hedging credit risks. After the Basel II Accord was released in June 2004, true sale securitization transactions play an increasingly important role for banks to find cheap funding and therefore to gain or increase their competitiveness. All member states of the European Union will implement the Basel II Accord into their domestic laws. German banks and the German Federal Ministry of Finance are seeking new methods and policies to support them. The incentive for this study is provided by the similarities between the German and Chinese financial system. In addition, due to China's commitments to the World Trade Organization (WTO) China is under huge pressures to open its financial market to foreign banks. Analyzing the legal obstacles that lie in true sale securitization transactions in Germany, I will draw some useful conclusions for developing securitization in China.
Russia's accession negotiations to the WTO have been dragging on for over a decade. An exact entry date has not been set as of the time of this writing. Various challenges remain which leave the largest accession candidate and former communist country as one of the few states outside the world trading system. What are the key challenges that need solving? Is there a linkage to the country's economic past? Do political reasons play a role? The author introduces the topic by giving a comprehensive introduction to the WTO system as well as the formal accession process. Following a detailed analysis of the economic transition process, including the elements of liberalization, privatization, stabilization and institutional building gives an idea of Russia's economic particularities. Based on these findings, the investigation into Russia's current condition in the accession process gives an in-depth view of the country's current economic situation, its trading system and the challenged that need solving before becoming a member of the WTO. The book addresses university students, in particular in the field of economics and international studies, scholars and people interested in the topic of the international trading system.
This book reviews natural health product laws and regulations for Canada's primary natural health products (NHP) trading partners, namely, Australia, China, France, Germany, Hong Kong, India, USA, United Kingdom, and the European Union and compare them to Canada's natural health product regulations. The study was also undertaken to identify priority areas where policy research should be focussed and then propose strategies to address these selected policy research areas. The Canadian NHP definition was used to compare similar classes of products for these other countries. Further, the major components of the Canadian regulatory framework for NHPs that were used for research purposes were the following: Product Licensing including Standards of Evidence, Site Licensing, Good Manufacturing Practices and Adverse Reaction Reporting. Tables of regulatory information were prepared for each country, providing sections for certain aspects of the Canadian NHP regulatory framework and including the main governmental regulatory authority for each country. This work reveals a fast-paced change and revision of national and international regulations for NHPs such as herbals, vitamins, minerals and homeopathic medicines. Many changes in the European countries were precipitated by the implementation of European Union Directives. Canada's major trading partner, the United States, classifies some NHPs as dietary substances, while other NHPs are under the U.S. FDA's control as non-prescription medicine and homeopathic medicines which are classified as drugs. In the United States, dietary substances require little regulatory scrutiny yet the regulatory environment in the United States is moving toward a more regulated system. Strategies for prioritizing policy research needs in the area of international regulations of Natural Health Products (NHPs) were developed. The priority areas for policy research fell into two main categories: the safety of the products being manufactured and sold to Canadians and processes to facilitate trade between countries. The overall aim for trade development should be to look for methods and means of further harmonization with trading partners and to develop Mutual Recognition Agreements (MRAs).
The delayed development of the Islamic world, in defiance of the formulaic approaches long favored by economists, suggests that the traditional Sharia and Islamic values and principles are at least partially responsible for the region's persistent backwardness. By analyzing the impact of the legal regime of the Sharia on Saudi Arabia during the Arab Oil Bust of the 1980s, this thesis concludes that Islamic social values and the Sharia's de facto role as an uncodified pre-emptive Arab common law implemented with high regard to precedent by ulama with extraordinary power of judicial review had the effect of accentuating the effects of the Oil Bust, making the theory of the Petrocurse a subset of a larger Cost of Being Muslim. On the other hand, the author concludes that not only is the Sharia not constrained by its nature to playing a deleterious economic role, but that it has broad commercial application, both domestically and internationally, and a new generation of more flexible Muslim economists, lawyers, and financial theorists have pointed the way toward a possible comprehensive modern adaptation of Islamic laws and principles.
This is the last of three volumes dealing with the International Legal Environment (see list in back of book), included in the Collected Research Studies of the Royal Commission on the Economic Union and Development Prospects for Canada. The Third United Nations Conference on the Law of the Sea (UNCLOS 3) culminated in the adopted of the United Nations convention on the law of the sea in 1982. Since then 150 countries, including Canada, have signed this historic treaty. It affects Canada's four major ocean industries: fishing, offshore petroleum, shipping and ocean mining. As Canada contemplates ratification of this agreement, it must consider these as well as several other maritime matters, including transit management, offshore development, marine-technology development and ocean-science policy. This volume delineates the issues and their implications for Canada's future at sea, and recommends the establishment of an independent advisory body to ensure serious and comprehensive treatment of maritime concerns.
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:
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 book will be the first English on space law written by a Chinese scholar. With the rapid development of space activities in China, many space scientist and lawyers are keen to know Chinese Legal views on policies and laws on space activities. The book discusses new development of space law in view of the rapid development of space commercial activities from a Chinese legal perspective. The topics selected in the book reflect the author's teaching and research in space law at four different universities: Leiden University, Erasmus University Rotterdam, City University of Hong Kong and the University of Hong Kong. Six areas of space law issues have been selected: property rights, space registration and liability regime, launching services, telecommunications services, national space legislation and international space co-operation. All the topics are closely related to current Chinese space legislation and practice. When dealing with the above six issues, the author will first briefly discuss the current rules and practice at the international level, followed by in-depth analysis of Chinese situation. This will be a unique book. Those who are researching on space law and/or in charge of formulating national space policy will be especially interested in the elaboration of Chinese attitude toward space commercialisation and of the current Chinese space policies and laws.
The Crisis behind the Euro-Crisis encourages dialogue among scholars across the social sciences in an attempt to challenge the narrative that regarded the Euro-crisis as an exceptional event. It is suggested instead that the Euro-crisis, along with the subsequent crises the EU has come to face, was merely symptomatic of deeper systemic cracks. This book's aim is to uncover that hidden systemic crisis - the 'crisis behind the Euro-crisis'. Under this reading it emerges that what needs to be questioned is not only the allegedly purely economic character of the Euro-crisis, but, more fundamentally, its very classification as an 'emergency'. Instead, the Euro-crisis needs to be regarded as expressive of a chronic, dysfunctional, but 'normal' condition of the EU. By following this line of analysis, this book illuminates not only the causes of contemporary turbulences in the European project, but perhaps the 'true' nature of the EU itself.
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