This book presents dispute settlement decisions of the World Trade Organization by using extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the large annotations and conclusion sections.

This trilingual volume (Dutch, English and French) contains the provisions of the Netherlands Civil Code dealing with transport law (Book 8 of the Code). Included are those parts which were in force during the summer of 1995: general provisions, maritime law, inland waterway law, road transport law, the law pertaining to the carriage of dangerous substances, and final provisions. Future editions of this volume will be supplemented with other modes of transportation, as they are added to the Code. The translations from the original Dutch into English and French have been prepared under the auspices of the Netherlands Ministry of Justice.

Common Heritage or Common Burden? contains a comprehensive and authoritative assessment of the US role in the negotiations on the UN Convention on the Law of the Sea and particularly in the negotiations on one of the remaining commons, the ocean floor beyond national jurisdiction. The author first examines the US view of the lawfulness of deep seabed mining under international law. He reviews the bureaucratic struggles, within the US Administration and the Congress, concerning the options to be pursued at the Conference; analyses the US position in the seabed negotiations from 1974 to 1980; and casts a fresh look both on the Reagan Administration's `policy review' of 1981-1982 which threatened the Conference's outcome, and current US oceans policy which remains an impediment to the Convention's early entry into force. The study suggests that despite significant compromises negotiated between the US and developing countries at the Conference up to 1980, the emerging seabed regime was not as widely endorsed by US officials as is generally assumed. Drawing on material collected from interviews with many key negotiators, the study contributes to a better understanding of domestic and international decision-making procedures and the dynamics of international negotiations.

This bibliography is a convenient one-volume research guide that covers the most important scholarly literature to date on ocean policies, law, and public policy. Prepared alongside the Handbook on Ocean Politics and Law (1992) published by Greenwood Press, this bibliography gives a succinct summary of the basic sources of information on the subject and then arranges 2081 entries into twelve chapters on the following subjects: the physical features of the world's oceans, international conferences on the uses of the oceans, development of international principles, living resources, non-living resources, deep seabed mining, marine pollution and environmental protection, regional arrangements for environmental protection, military uses of the oceans, navigation and shipping, scientific research and technology transfer, and the major players at UNCLOS III and their positions on key issues. Entries selected for annotation include the most significant studies of ocean law and politics, the most timely material, works that represent different authors and viewpoints broadly, and discussions with different perspectives from a historical standpoint. The bibliography covers the major works on the subject for college, university, institutional, and public libraries, and is easily accessible with author and subject indexes for use by students, experts, and the general public.

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. Even though both shipping and transport law and the harmonisation instruments aim at further harmonisation of private law, the potential interplay between them has never been examined thoroughly in doctrine.In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed. First of all the book investigates whether harmonisation instruments can contribute to uniformity of shipping and transport law in fields where such uniformity is currently lacking. Secondly, it looks at whether the current harmonisation instruments or a future European private law could change (inter)national shipping and transport law.This cross-fertilisation between shipping law and harmonisation instruments makes this book not only a valuable instrument for shipping lawyers, but also for anyone interested in harmonisation of private law.

With the deregulation of commercial airlines in 1978, the United States airline industry has changed dramatically. Route entry and exit flexibility, as well as fare setting have stimulated competition, forcing airlines to emphasize cost control, increased productivity, and effective marketing. How have these changes in both public and private policies influenced airline safety? Do airplanes have more accidents now than ever before? This work examines the causes of airplane accidents and what private and public policies are needed to improve aviation safety. It begins by examining the safety record of the United States commuter airline industry in the post-deregulation era characterized by increased emphasis by airlines on cost control and growing pressures on the air traffic control and airport system. The authors go beyond the safety of the scheduled airlines to examine the reasons for accidents in the nonscheduled and general aviation segments of the United States industry, where the bulk of fatalities occur and where airline pilots increasingly receive most of their training and experience. They then turn to an examination of aviation safety throughout the world, first with a detailed comparison of Canadian and American aviation safety, and then with a look at air safety in all regions of the world and the safety performances of all the world's major airlines. Three emerging issues are then examined in greater detail: assessing the margin of safety, worldwide aging of all airline fleets, and terrorism. Clearly written, this careful and systematic analysis of well over 15,000 individual aviation accidents will provide greater insight for government officials, aviation industrymanagers, and researchers, as well as laypeople and other frequent flyers.

This book examines the changes in the governance of human expression as a result of the development of the Internet. It tells the story of the emergence of a global regime that almost completely lacks institutions, and develops a concept of 'expression governance' that focusses on the governance practices of key actors in Europe and North America. The book illuminates the increased disciplinary capacity of the Internet infrastructure that has become apparent to the public following Edward Snowden's leaks in 2013, and provides a theoretical frame within which such changes can be understood. It argues that the Internet has developed a 'global default' of permissible speech that exists pervasively across the globe but beyond the control of any one actor. It then demonstrates why the emergence of such a 'global default' of speech is crucial to global conflict in the international relations of the Internet. The book concludes with an elaboration of the regulatory practices and theatrical performances that enable a global regime as well as the three key narratives that are embedded within it.

"Maritime Boundaries" presents a variety of cases illustrating the implications of recent changes in maritime territorial jurisdiction. The articles examine issues such as: the history of maritime boundaries, sea level rise and maritime boundaries, the United States-Russia maritime boundary, and the stability of land and sea boundary delimitations in international law.
Contributors: Peter B. Beazley, Rodman R. Bundy, Galo Carrera, Jonathan I. Charney, Douglas Day, Gian Piere Francalanci, David Freeston, Charles E. Harrington, Geoffrey Marston, John Pethick, Tullio Scovazzi, Robert W. Smith.

Ross was an important Danish jurist who wrote a series of influential treatises that combined legal realism, Continental jurisprudence and Scandinavian legal concepts. Although its title suggests a basic introductory work, A Textbook of International Law is actually a sophisticated presentation of his international law of jurisprudence. Reprint of the sole edition, never before reprinted.
"It is a pleasant task to welcome a treatise on international law with such a refreshingly new approach to the subject. (...) It presents] the cardinal doctrines of international law according to a scheme which is at once novel and stimulating to the English reader." --R.Y. Jennings, Journal of Comparative Legislation & International Law, 3rd. Series, 30 (1948) 122
Alf Niels Christian Ross 1899-1979] was Professor of Law at the University of Copenhagen. In 1956 he was a visiting professor at the University of Illinois. He served for seven years on the constitutional committee that laid the groundwork for the Danish constitution of 1953. His many books, which have been translated extensively, include Towards a Realistic Jurisprudence (1946), Constitution of the United Nations: Analysis of Structure and Function (1950), Why Democracy? (1952), Directives and Norms (1968) and On Guilt, Responsibility and Punishment (1975).

China, the most populous country in the world, has developed an e-commerce system that is in many ways distinct from the system established in Europe and North America. Understanding the difference is essential for the smooth development of this new channel of distribution, namely e-commerce. Chinese e-commerce platforms are very good examples on how to exploit development in technology, not only to create value for the operators but also contribute to structural changes in the Chinese economy, boosting internal consumption. The success of Alibaba is unique because of the characteristic of the Chinese market and consumers. Their imminent IPO, at or exceeding the offer value of Facebook, will attract more attention to e-commerce in China as a new method to establish a presence in this market. Chinese companies, e-commerce or not, are eager to expand their presence abroad, and they will adopt a more aggressive approach to participate more in the EU through acquisitions.

The distribution of profits between corporations resident in different jurisdictions gives rise to significant tax planning opportunities for multinational enterprises. As cross-border transactions between corporations grow in number and complexity, the question of how a profit distribution is classified for corporate income tax purposes becomes increasingly important, particularly in the context of issues such as double taxation, non-taxation and tax neutrality. This unique and practical work covers the rules determining which transactions may be classified and therefore taxed as dividend income and how classification conflicts may be resolved. The author examines the classification of various inter-corporate transactions, including: * Payments made under dividend-stripping arrangements. * Fictitious profit distributions. * Economic benefits in the context of transfer pricing. * Returns on debt-equity hybrids. * Interest payments in thin capitalization situations and distributions following liquidation. The analysis of each transaction refers to international tax law. Most weight is given to tax treaties and EU tax law. The approaches adopted in different states' national tax law are covered by a more general analysis. The comprehensive coverage and practical nature of The International Tax Law Concept of Dividend make it an essential acquisition for tax practitioners, researchers and tax libraries worldwide.

Transcribed by William E. Butler into English for the first time, from Du Ponceau's hand, a translation of Gerard de Rayneval's On the Freedom of the Sea. A previously overlooked and unpublished contemporary translation by Peter S. Du Ponceau of the classic treatise by Joseph-Mathias Gerard de Rayneval, De la liberte des mers (Paris, 1811), edited with an extensive introduction by William E. Butler.
Successor two centuries later to Grotius' classic writings on the freedom of the seas, Gerard de Rayneval's work affirmed the principles of natural and positive law applicable to naval warfare, privateers, the law of prize, the deep seabed and high seas, neutrality, and international straits from a French perspective deeply sympathetic to American views of the time. Gerard de Rayneval cherished the hope that Napoleon might be inspired by the work to draft a code of maritime law. This treatise informed negotiations that led to the 1856 Declaration of Paris and was widely cited by continental jurists during the 19th century.
"Professor William Butler's careful scholarship and clear presentation bring to life an important translation of Gerard de Rayneval's work on the law of the sea, a topic of continuing interest to scholars and mariners alike in the 21st century. Professor Butler's detailed introduction and editing of Du Ponceau's translation offer essential background for familiar maritime concepts and adds richness to the body of work explaining the legal regimes surrounding the use of the world's seas." --James W. Houck Vice Admiral, Judge Advocate General's Corps, U.S. Navy (Ret.), Interim Dean and Distinguished Scholar in Residence, Penn State, The Dickinson School of Law
WILLIAM E. BUTLER is the John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University, Emeritus Professor of Comparative Law, University of London, Foreign Member, National Academy of Sciences of Ukraine and National Academy of Legal Sciences of Ukraine.
JOSEPH-MATHIAS GERARD DE RAYNEVAL (1736-1812) was First Deputy Minister of Foreign Affairs and an international lawyer. He was a significant mediator in Anglo-French relations who composed an important memorandum of French strategy for secret assistance to the Americans entitled "Reflections on the Situation in America" (1776). He was a key negotiator in the commercial Eden Treaty (1786), which was signed by him on behalf of France. In 1804 he was awarded the Cross of the Legion of Honor for his contributions to the literature of international law.
PETER STEPHEN DU PONCEAU (1760-1844) was a Franco-American jurist who came to America at the age of 17 and lived in Philadelphia, where he practiced international law until his death. He was president of the American Philosophical Society. In 1810 he published a translation of Bynkershoek's A Treatise on the Law of War.

This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states' attribution of authority through consent with legislative, administrative, and adjudicative functions - three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy - the force - ultimately for the benefits of individuals - the ends - in the global marketplace, and gains a soul of its own in the institutional evolution - the means - of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO's ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO's decision-making by consensus, the book critically examines GATT's "common intention" treaty interpretation, Antidumping's NME methodology, TRIPS' public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.

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 highly topical book considers the important question of how best to protect the environment of the Third Pole - the area comprising the Hindu Kush Himalayas and Tibetan Plateau - using the tool of international law; specifically, international environmental law and the law of international watercourses. Following detailed analysis of weaknesses in current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers. The first option is to transplant existing international law, including conventions from the UN Economic Commission for Europe and the Council of Europe. Secondly, transplantation of a comprehensive international treaty, based upon the Alpine and Carpathian regimes, is suggested. The overwhelmingly European focus of the first two options, and possible contextual constraints to implementation, informs a third option: the development of a new treaty, giving appropriate attention to the Asian context on one hand, and the need for access of information and public participation on the other, to ensure effective implementation and compliance. Taking a comparative, interdisciplinary approach, Protecting the Third Pole will be a key resource for legal and policy scholars. NGO's and practitioners will also benefit from its detailed analysis.

This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari'a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari'a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the 'Shari'a Standards' developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.