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Books > Law > International law > Public international law > International law of transport & communications > General
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.
This book provides an accessible introduction to selected new
issues in transnational law, and connects them to existing
theoretical debates on transnational business regulation. More
specifically, (i) it introduces the argument about the evolving
character of contemporary international business regulation; (ii)
it provides an overview of some of the main fields of law that are
currently important for firms that operate across borders; and
(iii) it sets out an interpretive framework for making sense of
disparate developments occurring across a number of jurisdictions,
among which are the form of regulation and style of enforcement,
issues of legal certainty, and behavioural aspects of regulation.
The selected topics are indicative of some key issues confronting
businesses looking to operate across national borders, as well as
policy makers seeking to introduce and enforce meaningful
regulatory standards in an increasingly global society. Topics
include: consumer law; product liability; warranty law and
obsolescence; collective redress; alternative dispute resolution;
corporate wrongdoing; corporate governance; and e-commerce. This
timely work offers a novel perspective on transnational business
law and examines a range of legal issues that preoccupy companies
operating transnationally. This book is intended not only for law
students looking for an introduction, overview or commentary on the
contemporary state of international business law, but also for
anyone looking for an introduction to the regulation of business in
a global, inter-connected economy.
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.
The European Agreement concerning the International Carriage of
Dangerous Goods by Inland Waterways (ADN) done at Geneva on 26 May
2000 under the auspices of the United Nations Economic Commission
for Europe (UNECE) and the Central Commission for Navigation on the
Rhine (CCNR) has been in force since February 2008. This version
has been prepared on the basis of amendments applicable as from 1
January 2019. The Regulations annexed to the ADN contain provisions
concerning dangerous substances and articles, their carriage in
packages and in bulk on board inland navigation vessels or tank
vessels, as well as provisions concerning the construction and
operation of such vessels. They also address requirements and
procedures for inspections, the issue of certificates of approval,
recognition of classification societies, monitoring, and training
and examination of experts. They are harmonized to the greatest
possible extent with the dangerous goods agreements for other modes
of transport.
The risk-based approach to capital markets regulation is in crisis.
Climate change, shifting demographics, geopolitical conflicts and
other environmental discontinuities threaten established business
models and shorten the life spans of listed companies. The current
rules for periodic disclosure in the EU fail to inform market
participants adequately. Unlike risks, uncertainties are
unquantifiable or may only be quantified at great cost, causing
them to be insufficiently reflected in periodic reports. This is
unfortunate, given the pivotal role capital markets must play in
the economy's adaptation to environmental discontinuities. It is
only with a reformed framework for periodic disclosure, that
gradual and orderly adaptation to these discontinuities appears
feasible. To ensure orderly market adaptation, a new reporting
format is required: scenario analysis should be integrated into the
European framework for periodic disclosure.
Global lawmaking by international organizations holds the potential
for enormous influence over world trade and national economies.
Representatives from states, industries, and professions produce
laws for worldwide adoption in an effort to alter state lawmaking
and commercial behaviors, whether of giant multi-national
corporations or micro, small and medium-sized businesses. Who makes
that law and who benefits affects all states and all market
players. Global Lawmakers offers the first extensive empirical
study of commercial lawmaking within the United Nations. It shows
who makes law for the world, how they make it, and who comes out
ahead. Using extensive and unique data, the book investigates three
episodes of lawmaking between the late 1990s and 2012. Through its
original socio-legal orientation, it reveals dynamics of
competition, cooperation and competitive cooperation within and
between international organizations, including the UN, World Bank,
IMF and UNIDROIT, as these IOs craft international laws. Global
Lawmakers proposes an original theory of international
organizations that seek to construct transnational legal orders
within social ecologies of lawmaking. The book concludes with an
appraisal of creative global governance by the UN in international
commerce over the past fifty years and examines prospective
challenges for the twenty-first century.
This publication outlines key blockchain use cases that demonstrate
how digital solutions can be applied to facilitate domestic and
cross-border trade in Maldives. The Asian Development Bank is
helping Maldives implement a robust domestic and regional trade
system under the South Asia Subregional Economic Cooperation
program. This integrated trade network facilitates seamless
movement of goods and documents, across organizational and national
boundaries, and will vastly improve the business environment and
overall economic activity. The feasibility study conducted from
April to July 2019 established the use cases of blockchain
technology that may be ideal in Maldives.
These guidelines explain how the ASEAN+3 Multi-Currency Bond
Issuance Framework (AMBIF) relates to the professional Cambodian
bond market. The guidelines highlight market characteristics that
are significant for issuers and investors, and review the
regulatory processes required for issuing different types of debt
securities. The guidelines are an output of the ASEAN+3 Bond Market
Forum and were developed to enable bond issuers and their service
providers to pursue further issuances under AMBIF with greater ease
and certainty.
Freight Forwarding and Multimodal Transport Contracts, 2nd Edition,
is a comprehensive guide to the law in relation to contract forms
and terms created by operators, trade associations or international
bodies such as the UN and used as a basis for trading conditions by
freight forwarders, logistics suppliers, combined or multimodal
transport operators and container operators. This second edition
examines the latest editions of contract forms and terms, both
where their object is the supply or procurement of multimodal
carriage, as well as where they are directed to the use of combined
transport equipment (ie containers, swap bodies). Of particular
prominence will be a detailed examination of the latest versions of
conditions used by the principal UK forwarding, logistics,
intermodal and container operators such as the British
International Freight Association (BIFA) conditions 2005A and the
current Freightliner Conditions as well as updates on many of the
conditions in use and legal developments relevant to them, eg Road
Haulage Association Conditions 2009, Maersk Conditions of Carriage,
TT Club Conditions.
In this book, Dr Luping Zhang investigates dispute resolution
mechanisms in international civil aviation with a primary focus on
the functions of the International Civil Aviation Organization
(ICAO) Council. The ICAO was created as a result of the Convention
on International Civil Aviation (Chicago Convention) laying the
foundations for these dispute resolution mechanisms in
international civil aviation, although it neglected to cover
economic regulations. Over the years there has been a proliferation
of bilateral Air Services Agreements (ASA)s and multilateral
treaties. With the advancement of aviation technology, The
Resolution of Inter-State Disputes in Civil Aviation considers
whether dispute resolution mechanisms should be modernised, and if
so, what form this modernisation might take. It explores this
through five chapters: the first chapter defines the scope of the
research and introduces the methodology. The second chapter traces
the evolution of dispute resolution clauses under both multilateral
air law treaties and bilateral ASAs, with the most up-to-date data.
The third chapter analyses how disputes brought forward in relation
to the treaties in Chapter II are resolved in practice. The fourth
chapter builds on empirical evidence to critically assesses the
political and legal implications of settling international aviation
disputes. The final chapter proposes a model for reform based on
this cumulative research, introducing a proposal for amending rules
and procedures in the ICAO, as well as for the establishment of a
new arbitral institution.
This book addresses one of the core challenges in the corporate
social responsibility (or business and human rights) debate: how to
ensure adequate access to remedy for victims of corporate abuses
that infringe upon their human rights. However, ensuring access to
remedy depends on a series of normative and judicial elements that
become highly complex when disputes are transnational. In such
cases, courts need to consider and apply different laws that relate
to company governance, to determine the competent forum, to define
which bodies of law to apply, and to ensure the adequate execution
of judgments. The book also discusses how alternative methods of
dispute settlement can relate to this topic, and the important role
that private international law plays in access to remedy for
corporate-related human rights abuses. This collection comprises 20
national reports from jurisdictions in Europe, North America, Latin
America and Asia, addressing the private international law aspects
of corporate social responsibility. They provide an overview of the
legal differences between geographical areas, and offer numerous
examples of how states and their courts have resolved disputes
involving private international law elements. The book draws two
preliminary conclusions: that there is a need for a better
understanding of the role that private international law plays in
cases involving transnational elements, in order to better design
transnational solutions to the issues posed by economic
globalisation; and that the treaty negotiations on business and
human rights in the United Nations could offer a forum to clarify
and unify several of the elements that underpin transnational
disputes involving corporate human rights abuses, which could also
help to identify and bridge the existing gaps that limit effective
access to remedy. Adopting a comparative approach, this book
appeals to academics, lawyers, judges and legislators concerned
with the issue of access to remedy and reparation for corporate
abuses under the prism of private international law.
This book analyzes the legal issues connected with the provision of
Uber-related services. It primarily focuses on the various
contractual and non-contractual relationships that occur during the
use of Uber applications, especially with reference to Uber
headquarters (Uber App), Uber branch offices (advertisements), Uber
partner drivers (employees or self-employed), Uber application
registered users, Uber transportation service users (contracting
passenger) and third-party Uber transportation service users
(additional passenger). It also provides a comparison of standard
transportation services and contracts of carriage, irrespective of
whether the carrier in question is a common carrier, contractual
carrier, actual carrier or an intermediary service provider.
Furthermore, the book presents the relevant case law, especially
with regard to Uber as a taxi service, Uber as a share-riding
service, Uber as a rent-a-car with driver service, Uber as an
employer and Uber as a key organizer of transportation service, in
Croatia, Belgium, Germany, Italy, the Netherlands, United Kingdom,
United States, Hungary, Argentina, and France. Lastly, it explores
the different legislative approaches to resolving various issues
related to the appearance of Uber and similar companies - the
Laissez-faire model, Status Quo model, Legal Adjustment model, and
the New Legislative Paradigm model.
This report reflects the changes in the South Asia Subregional
Economic Cooperation (SASEC) Program's operational plan for the
period 2016-2025, in particular on priority projects resulting from
a rigorous vetting process. This involves defining SASEC transport
and energy networks and identifying priority projects based on
preparedness and their roles in filling network gaps. The result is
a more reasonable estimate of funding needs to help meet the SASEC
Program's goals of multimodal connectivity, energy market
development, and increased intraregional and interregional trade.
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