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Books > Law > International law > Public international law > International law of transport & communications > General
A collection of the 52 most important conventions, agreements,
model laws, and institutional rules for int'l sales transactions,
documentary credit, shipping, insurance, dispute settlement, and
enforcement of contracts abroad. Includes inter alia the UN
Convention on Contracts for the International Sale of Goods (CISG),
UCC Articles 1, 2, 4A, 5, 7 and 9, Unidroit Principles of
International Commercial Contracts, EU Draft Common Frame of
Reference, Incoterms 2010, Uniform Customs and Practice for
Documentary Credit UCP600, various Hague Conventions on Private
International Law, UNCITRAL Arbitration Rules, ICC Arbitration
Rules, IBA Rules on Taking of Evidence in Int'l Commercial
Arbitration, and the New York Convention on Recognition and
Enforcement of Foreign Arbitral Awards. The collection is aimed at
advanced graduate students, researchers, and practitioners. With
its many editorial improvements and elaborate index, it is sure to
become an indispensable tool for anyone working in int'l business,
commerce, and trade.
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.
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.
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.
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.
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.
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.
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.
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.
The Law of the Sea (LOS) treaty resulted from some of the most
complicated multilateral negotiations ever conducted. Difficult
bargaining produced a remarkably sophisticated agreement on the
financial aspects of deep ocean mining and on the financing of a
new international mining entity. This book analyzes those
negotiations along with the abrupt U.S. rejection of their results.
Building from this episode, it derives important and subtle general
rules and propositions for reaching superior, sustainable
agreements in complex bargaining situations. James Sebenius shows
how agreements were possible among the parties because and not in
spite of differences in their values, expectations, and attitudes
toward time and risk. He shows how linking separately intractable
issues can generate a zone of possible agreement. He analyzes the
extensive role of a computer model in the LOS talks. Finally, he
argues that in many negotiations neither the issues nor the parties
are fixed and develops analytic techniques that predict how the
addition or deletion of either issues or parties may affect the
process of reaching agreement.
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.
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