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Books > Law > International law > Public international law > International economic & trade law > General

The Law and Practice of Fine Art, Jewellery and Specie Insurance (Paperback): David Scully The Law and Practice of Fine Art, Jewellery and Specie Insurance (Paperback)
David Scully
R2,500 Discovery Miles 25 000 Ships in 12 - 17 working days

This comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.

Trade Liberalization (Hardcover): Romain Wacziarg Trade Liberalization (Hardcover)
Romain Wacziarg
R18,944 Discovery Miles 189 440 Ships in 12 - 17 working days

This compelling research review discusses the major literary contributions to the economic analysis of the consequences of trade liberalization on growth, productivity, labor market outcomes and economic inequality. Examining the classical theories that stress gains from trade stemming from comparative advantage, the review also analyses more recent theories of imperfect competition, where any potential gains from trade can stem from competitive effects or the international transmission of knowledge. Empirical contributions provide evidence regarding the explanatory power of these various theories, including work on the effects of trade openness on economic growth, wages, and income inequality, as well as evidence on the effects of trade on firm productivity, entry and exit. This review will be an invaluable research resource for academics, practitioners and those drawn to this fascinating topic.

Global Governance (Hardcover): Axel Marx, Jan Wouters Global Governance (Hardcover)
Axel Marx, Jan Wouters
R18,189 Discovery Miles 181 890 Ships in 12 - 17 working days

Global governance emerged as a concept more than two decades ago. Despite its relevance to key processes underlying the major public policy questions of our age, the contours of 'global governance' remain contested and elusive. This Research Review seeks to clarify key trends and challenges in global governance by bringing together the leading scholarship on its different forms. The Research Review discusses key issues in relation to global governance institutions: democracy, legitimacy, accountability, fragmentation, effectiveness and dispute settlement.

Trade Secrecy and International Transactions - Law and Practice (Hardcover): Elizabeth Rowe, Sharon K. Sandeen Trade Secrecy and International Transactions - Law and Practice (Hardcover)
Elizabeth Rowe, Sharon K. Sandeen
R4,566 Discovery Miles 45 660 Ships in 12 - 17 working days

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

Global Governance through Trade - EU Policies and Approaches (Hardcover): Jan Wouters, Axel Marx, Dylan Geraets, Bregt Natens Global Governance through Trade - EU Policies and Approaches (Hardcover)
Jan Wouters, Axel Marx, Dylan Geraets, Bregt Natens
R3,957 Discovery Miles 39 570 Ships in 12 - 17 working days

Wielded by major economic powers, linkages between trade and such issues as environmental protection and human rights have become a widely used and controversial policy instrument. This volume provides a comprehensive and authoritative analysis, across issue-areas, of the European Union's deployment of trade to advance its normative goals.' - Miles Kahler, Council on Foreign Relations'The EU treaties call for the EU to promote its core values internationally. Trade is one instrument to do so: linking preferential access to the large EU market to convergence towards EU or internationally agreed norms. The volume offers an insightful discussion of the scope for, and the effectiveness of, EU trade linkage strategies to influence the labour, environmental and human rights-related policies of selected trade partners. It advances the state of our knowledge on a controversial and important subject.' - Bernard Hoekman, EUI and CEPR, Italy A 'new generation' of EU trade policies aims to advance public goods such as promoting sustainable development, protecting human rights and enhancing governance in third states. The pursuit of these objectives raises important questions regarding coherence, effectiveness, legitimacy and extraterritoriality. In Global Governance through Trade leading scholars from different disciplines address these topical questions. The book contains a comprehensive analysis of the concept of governing through trade and investigates how the EU 'exports' regulation through conditional market access regulation, bilateral trade agreements and unilateral trade policy. Several case studies complement the general analysis and provide an in-depth assessment of the European Union's new trade policies. This multidisciplinary book will be an enlightening read for a wide-ranging audience encompassing academics, policymakers, policy analysts and students of, amongst others, trade law and policy, global governance, sustainable development, human rights and labor standards. Contributors: L. Bartels, L. Beke, N.A.J. Croquet, C. Damro, D. Geraets, N. Hachez, M. Koekkoek, J. Larik, R. Leal-Arcas, A. Marx, P.C. Mavroidis, B. Natens, C. Ryngaert, J. Soares, G. van Calster, C.M. Wilmarth, J. Wouters, J. Yap

Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws (Paperback): Mike Koehler Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws (Paperback)
Mike Koehler
R2,090 Discovery Miles 20 900 Ships in 12 - 17 working days

In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: 'you just don't bribe.' The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.

Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover): Gilles Cuniberti Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover)
Gilles Cuniberti
R2,967 Discovery Miles 29 670 Ships in 12 - 17 working days

This innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.

The ASEAN Comprehensive Investment Agreement - The Regionalisation of Laws and Policy on Foreign Investment (Hardcover): Julien... The ASEAN Comprehensive Investment Agreement - The Regionalisation of Laws and Policy on Foreign Investment (Hardcover)
Julien Chaisse, Sufian Jusoh
R3,146 Discovery Miles 31 460 Ships in 12 - 17 working days

'In The ASEAN Comprehensive Investment Agreement: The Regionalization of Laws and Policy on Foreign Investment, Julien Chaisse and Sufian Jusoh provide analysis --unmatched in scope and detail -- of ACIA's role in supporting the development of the ASEAN Economic Community. This contribution will serve as an invaluable resource for policymakers, business leaders, lawyers, and scholars interested in the development of investment law and policy in Asia.' - Mark Feldman, Peking University, China 'Julien Chaisse and Sufian Jusoh take up the formidable challenge of unpacking the ingredients of the Asian ''noodle bowl'', delivering a comprehensive book that synthesizes the convoluted investment legal standards pertaining to the ASEAN into an intelligible discourse. Throughout, they offer insight into the design and purpose of this model of economic integration, as well as its impact on the rights of investors from states neighbouring the ASEAN region. This volume serves as a reliable and practical guidebook that will edify any reader interested in the subject matter.' - Kyle Dickson-Smith, FCIArb., Canada/Australia The international law of foreign investment is one of the fastest growing areas of international economic law and policy which increasingly rely on large membership investment treaties such as the ASEAN Comprehensive Investment Agreement (ACIA). This book comprehensively examines the role of this specific international treaty on investment and situates it in the wider global trend towards the regionalisation of laws and policy on foreign investment. Considering the state of the ASEAN Economic Community in 2015 and its transformation until 2025, Julien Chaisse and Sufian Jusoh illustrate the pivotal role ACIA has to play in future international investment law negotiations and the benefits to ASEAN and third country investors and their investments. Collective commitment to a common standard contributes to depoliticize any potential conflict between individual investors and host states making the agreement particularly crucial to discussions involving ASEAN member states and between ASEAN and Dialogue Partners as well as to investment decisions including investment liberalization and investment facilitation. Offering the first detailed analysis of ACIA and its applications, this book will prove essential reading for legal practitioners in the field of international investment law as well as researchers and students studying the ASEAN Economic Community and its contemporary moulding.

The Freest Market in the World - The Constitutional Logic of Economic Liberty in China's Hong Kong (Paperback): Gonzalo... The Freest Market in the World - The Constitutional Logic of Economic Liberty in China's Hong Kong (Paperback)
Gonzalo Villalta Puig, Eric Ip
R1,087 Discovery Miles 10 870 Ships in 9 - 15 working days

On the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People's Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong's economic liberty as the freest market economy in the world. This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong's Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan's constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-century classically liberal common law and how it developed into a Hayekian laissez-faire convention under British colonial rule, was codified into the Basic Law and is interpreted and applied by the branches of the Government of the Region. The book closes with remarks on the future of Hong Kong's free market constitutionalism in face of recent challenges as the year 2047 approaches and the 50 years of 'unchanged' capitalist system under the Basic Law come to an end. This book will appeal to students, scholars and practitioners of law, economics, political science and public administration. It will especially appeal to those with an interest in Hong Kong law, international economic law or comparative constitutional law.

Environmental Border Tax Adjustments and International Trade Law - Fostering Environmental Protection (Hardcover): Alice Pirlot Environmental Border Tax Adjustments and International Trade Law - Fostering Environmental Protection (Hardcover)
Alice Pirlot
R3,482 Discovery Miles 34 820 Ships in 12 - 17 working days

This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change. The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument. This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.

The Political Economy of the Investment Treaty Regime (Hardcover): Jonathan Bonnitcha, Lauge N. Skovgaard Poulsen, Michael... The Political Economy of the Investment Treaty Regime (Hardcover)
Jonathan Bonnitcha, Lauge N. Skovgaard Poulsen, Michael Waibel
R3,340 Discovery Miles 33 400 Ships in 12 - 17 working days

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Petroleum Contracts - English Law & Practice (Hardcover, 2nd Revised edition): Peter Roberts Petroleum Contracts - English Law & Practice (Hardcover, 2nd Revised edition)
Peter Roberts
R12,203 Discovery Miles 122 030 Ships in 12 - 17 working days

In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.

International Economic Law, Globalization and Developing Countries (Paperback): Julio Faundez, Celine Tan International Economic Law, Globalization and Developing Countries (Paperback)
Julio Faundez, Celine Tan
R1,936 Discovery Miles 19 360 Ships in 12 - 17 working days

'In the galaxy of issues that developing countries are faced with in their international economic relations, this publication manages to focus on some critical areas of particular concern to developing countries. Moreover, the issues focussed on have a contemporary relevance touching as they do on financial reform, aid and IMF conditionality, international trade and investment, multinational corporations, competition, corruption, the environment and intellectual property issues. This is a comprehensive appraisal of development related problems in international economic relations written by practitioners and academics in the field.' - Asif Qureshi, University of Manchester, UK International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries. The onset of the current process of globalization has brought about momentous changes to the rules and processes of international law. This comprehensive book examines a number of these changes, including the radical expansion of international economic law, the increase in the power of international economic organizations, and the new informal approaches to law-making. The greater reliance on judicial and arbitral mechanisms, and the proliferation of international human rights instruments, many of which have a direct bearing on international economic relations, are also discussed. The contributors to this book are all prominent experts in the fields of international law and international political economy, drawn from both developing and developed countries. This insightful book will appeal to scholars and advanced students with an interest in international law, development studies, international political economy and international governance. It will also be an indispensable tool for practitioners - including members of leading international NGOs, international lawyers, political scientists and international development specialists. Contributors: Y. Akyuz, D. Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E. Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T. Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu III

Trade Mark Law in Europe 3e (Hardcover, 3rd Revised edition): Alexander von Muhlendahl, Dimitris Botis, Spyros Maniatis, Imogen... Trade Mark Law in Europe 3e (Hardcover, 3rd Revised edition)
Alexander von Muhlendahl, Dimitris Botis, Spyros Maniatis, Imogen Wiseman
R9,247 Discovery Miles 92 470 Ships in 12 - 17 working days

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.

The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover):... The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover)
Mariolina Eliantonio, Caroline Cauffman
R3,482 Discovery Miles 34 820 Ships in 12 - 17 working days

This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gerardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato

Dispute Settlement Reports 2019: Volume 1, Pages 1 to 342 (Hardcover): World Trade Organization Dispute Settlement Reports 2019: Volume 1, Pages 1 to 342 (Hardcover)
World Trade Organization
R5,469 Discovery Miles 54 690 Ships in 12 - 17 working days

These are the WTO's authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. DSR 2019: Volume I contains the Appellate Body reports on 'Brazil - Certain Measures Concerning Taxation and Charges' (WT/DS472, WT/DS497).

Proportionality in Investor-State Arbitration (Hardcover): Gebhard Bucheler Proportionality in Investor-State Arbitration (Hardcover)
Gebhard Bucheler
R4,145 Discovery Miles 41 450 Ships in 12 - 17 working days

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.

Contract Governance - Dimensions in Law and Interdisciplinary Research (Hardcover): Stefan Grundmann, Florian Moeslein, Karl... Contract Governance - Dimensions in Law and Interdisciplinary Research (Hardcover)
Stefan Grundmann, Florian Moeslein, Karl Riesenhuber
R3,721 Discovery Miles 37 210 Ships in 12 - 17 working days

This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Moeslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.

Treaties on Transit of Energy via Pipelines and Countermeasures (Hardcover): Danae Azaria Treaties on Transit of Energy via Pipelines and Countermeasures (Hardcover)
Danae Azaria
R3,996 Discovery Miles 39 960 Ships in 12 - 17 working days

This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit states responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit states interruptions of transit.

Law, Force and Diplomacy at Sea (Routledge Revivals) (Hardcover): Ken Booth Law, Force and Diplomacy at Sea (Routledge Revivals) (Hardcover)
Ken Booth
R4,211 Discovery Miles 42 110 Ships in 12 - 17 working days

Law, Force and Diplomacy at Sea, first published in 1985, is one of the few comprehensive treatments on the subject from a strategic perspective. It offers a detailed strategic analysis of the background and outcome of the Third UN Conference on the Law of the Sea, and its naval implications. The interplay between the interest of the naval powers in freedom of navigation and the interest of coastal states in control provides the setting for the strategic problems. The sea is taking on more properties of the land: it is becoming 'territorialised', and this is presenting fresh challenges and opportunities to which navies and their national governments have to respond. This study is designed for students of naval strategy, for international lawyers and for students of international affairs who wish to think about the important security questions in the maritime environment.

Public Health in International Investment Law and Arbitration (Paperback): Valentina Vadi Public Health in International Investment Law and Arbitration (Paperback)
Valentina Vadi
R1,181 Discovery Miles 11 810 Ships in 12 - 17 working days

Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the 'clash of cultures' between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.

Corruption in International Investment Arbitration (Hardcover): Aloysius P. Llamzon Corruption in International Investment Arbitration (Hardcover)
Aloysius P. Llamzon
R8,079 Discovery Miles 80 790 Ships in 12 - 17 working days

This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.

Caribbean Integration Law (Hardcover): David S. Berry Caribbean Integration Law (Hardcover)
David S. Berry
R4,454 Discovery Miles 44 540 Ships in 12 - 17 working days

Caribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.

International Trade Law Statutes and Conventions 2013-2015 (Hardcover, 3rd edition): Indira Carr, Miriam Goldby International Trade Law Statutes and Conventions 2013-2015 (Hardcover, 3rd edition)
Indira Carr, Miriam Goldby
R5,307 Discovery Miles 53 070 Ships in 12 - 17 working days

This new edition of International Trade Law Statutes and Conventions presents all the key legislation for International Trade Law in one student-friendly volume. Developed in response to feedback from lecturers and students, this book is: Up-to-date with the law: this book provides a fully current and comprehensive collection of legislation Tailored Content: content has been curated to align with international trade law courses Exam Friendly: conforming to regulations, this is an un-annotated text that is suitable for exam use Easy to Use Format: a clear and attractive text design, detailed table of contents and multiple indices provides ease of reference and navigation With easily accessible coverage of course-relevant material, International Trade Law Statutes and Conventions is ideal for course and exam use, as well as for reference. This book is a perfect companion resource to student learning and exam success.

The Principle of Mutual Recognition in EU Law (Hardcover): Christine Janssens The Principle of Mutual Recognition in EU Law (Hardcover)
Christine Janssens
R4,152 Discovery Miles 41 520 Ships in 12 - 17 working days

Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

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