This book examines the law of the European internal market. The book focuses in particular on the relationship between the free movement of goods and services, asking whether the same principles can be applied in both fields. It also seeks to tackle some basic questions of EC law, such as the division of power between the Union and the Member States on the one hand, and between the courts and legislatures on the other.

Handelsembargos sind das zentrale Zwangsmittel unterhalb der Schwelle der Gewaltanwendung. Seit dem Ende des Kalten Krieges haben insbesondere EmbargobeschlA1/4sse des Sicherheitsrates der Vereinten Nationen Konjunktur. Einen Schwerpunkt des Buches bilden die Wirkungen dieser BeschlA1/4sse und die im Zusammenhang mit deren Umsetzung aufgeworfenen Rechtsfragen. Dabei wird auch dargestellt, wie in der Praxis der EuropAischen Gemeinschaft Embargos entweder autonom oder in AusfA1/4hrung der BeschlA1/4sse des Sicherheitsrates verhAngt werden. Von besonderer rechtlicher und praktischer Relevanz ist dann die Frage, inwieweit Staaten, Unternehmen und Individuen einen Anspruch auf EntschAdigung fA1/4r erlittene EmbargoschAden haben. Dem geht der Autor auf den verschiedenen Regelungsebenen nach.

This timely volume points the way towards a new positive regulatory framework for international investment, following the failure of the Multilateral Agreement on Investment (MAI). It examines the flaws in free market strategies underpinning the recent phase of globalization, in particular drawing out the lessons from the MAI, which was suspended in October 1998. The authors explore an alternative based on a positive regulatory framework for international business, aimed at maximizing the positive contribution to development of foreign investment and minimizing it's negative social and environmental impacts. The contributors include academics, researchers for non governmental organizations, and business and trade union representatives, writing from a combination of economic, legal and political perspectives. The book combines academic analysis with grass roots and practical experience, and suggests concrete policy proposals.

A Financial Times Best Book of the Year A Fortune Best Book of the Year A ProMarket Best Political Economy Book of the Year An essential guide to the intractable public debates about the virtues and vices of economic globalization, cutting through the complexity to reveal the fault lines that divide us and the points of agreement that might bring us together. Globalization has lifted millions out of poverty. Globalization is a weapon the rich use to exploit the poor. Globalization builds bridges across national boundaries. Globalization fuels the populism and great-power competition that is tearing the world apart. When it comes to the politics of free trade and open borders, the camps are dug in, producing a kaleidoscope of claims and counterclaims, unlikely alliances, and unexpected foes. But what exactly are we fighting about? And how might we approach these issues more productively? Anthea Roberts and Nicolas Lamp cut through the confusion with an indispensable survey of the interests, logics, and ideologies driving these intractable debates, which lie at the heart of so much political dispute and decision making. The authors expertly guide us through six competing narratives about the virtues and vices of globalization: the old establishment view that globalization benefits everyone (win-win), the pessimistic belief that it threatens us all with pandemics and climate change (lose-lose), along with various rival accounts that focus on specific winners and losers, from China to America's Rust Belt. Instead of picking sides, Six Faces of Globalization gives all these positions their due, showing how each deploys sophisticated arguments and compelling evidence. Both globalization's boosters and detractors will come away with their eyes opened. By isolating the fundamental value conflicts-growth versus sustainability, efficiency versus social stability-driving disagreement and showing where rival narratives converge, Roberts and Lamp provide a holistic framework for understanding current debates. In doing so, they showcase a more integrative way of thinking about complex problems.

The Convention on International Trade in Endangered Species (CITES) is the best known and most controversial of international conservation treaties. Since it came into force 25 years ago, debate has raged over its most basic assumptions. CITES treats the international trade in wildlife as the most important threat to the continued existence of wild species. It offers a prescription of trade bans and restrictions for endangered species. However, it is now generally acknowledged that for most species habitat loss is a much more significant threat. Some argue that the CITES remedy actually exacerbates the problem by removing the incentive to conserve wildlife habitat. This collection of essays, the first of its kind, charts the controversies and changes within CITES. It provides case studies of the way CITES has dealt with particular species and notes the growing role of the South in shaping the direction of the treaty. It considers the role of sustainable use, the precautionary principle and unilateralism within CITES. Finally, it examines options for the future of CITES. Implicit within a number of the contributions is the recognition that questions of wildlife conservation cannot be divorced from wider issues of land use, development and social justice. This book provides an essential resource for policy makers, practitioners, academics and students concerned with conservation, development and trade.

Trade and the Environment is a penetrating analysis of the relation between trade and environmental protection policies in the EC and the US. It argues that the international tensions arising from policies designed to protect trade and the environment can be resolved by the free trade provisions of the EC Treaty and the US Constitution, and from the setting of common environmental standards for all parties. It discusses also the contributions of the judiciary and legislature toward the solution of these tensions. The interaction between them, writes Dr Geradin, shapes the balance between trade and environmental objectives in the Community and the United States. More generally, they define the progress of environmental protection in these systems.

What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct investments. Taking a multi-disciplinary approach, the author scrutinizes the circumstances in which, and the extent to which, international investment law's traditional protective standards apply to intellectual property rights investments. After concluding that the TRIPS agreement has shortcomings in this respect, the author analyses intellectual property rights in the context of international investment law in light of traditional standards of protection including the protection against indirect expropriation, the National Treatment Principle, the Most-Favoured Nation clause, fair and equitable treatment, and the prohibition of performance requirements, while emphasizing the importance of transfers of technology within and to developing countries. These explorations contribute to the debates surrounding the fragmentation of international law arising from its expansion and diversification. Scholars, students and practitioners in the field of international investment law, as well as those interested in the protection of intellectual property rights at an international level, will find this book to be a useful and informative read.

'Impeccably researched and sumptuous in its detail... It's a page-turner' The Economist 'Well-paced and cleverly organised' The Sunday Times 'Gripping' Guardian 'A pacy and deeply-reported tale' Financial Times Longlisted for the 2021 Financial Times / McKinsey Business Book of the Year In this compelling story of greed, chicanery and tarnished idealism, two Wall Street Journal reporters investigate a man who Bill Gates and Western governments entrusted with hundreds of millions of dollars to make profits and end poverty but now stands accused of masterminding one of the biggest, most brazen frauds ever. Arif Naqvi was charismatic, inspiring and self-made. The founder of the Dubai-based private-equity firm Abraaj, he was the Key Man to the global elite searching for impact investments to make money and do good. He persuaded politicians he could help stabilize the Middle East after 9/11 by providing jobs and guided executives to opportunities in cities they struggled to find on the map. Bill Gates helped him start a billion-dollar fund to improve health care in poor countries, and the UN and Interpol appointed him to boards. Naqvi also won the support of President Obama's administration and the chief of a British government fund compared him to Tom Cruise in Mission: Impossible. The only problem? In 2019 Arif Naqvi was arrested on charges of fraud and racketeering at Heathrow airport. A British judge has approved his extradition to the US and he faces up to 291 years in jail if found guilty. With a cast featuring famous billionaires and statesmen moving across Asia, Africa, Europe and America, The Key Man is the story of how the global elite was duped by a capitalist fairy tale. Clark and Louch's thrilling investigation exposes one of the world's most audacious scams and shines a light on the hypocrisy, corruption and greed at the heart of the global financial system. 'An unbelievable true tale of greed, corruption and manipulation among the world's financial elite' Harry Markopolos, the Bernie Madoff whistleblower

The 1980s and 1990s have witnessed the emergence of globalized markets accompanied by an uneven process of national and international deregulation and re-regulation. The combined activities of transnational corporations in manufacturing industries (moving towards the global factory) and the newly privatized businesses in the energy, telecommunications and transportation sectors have fuelled an unprecedented growth in global markets and international business networks. The unexpected but now well established development of capitalism in eastern Europe and the boom in China's special economic zones have added still further to the opportunities and risks inherent in the rapidly developing global economy. For lawyers, economists, and political scientists one of the most significant aspects of the emergence of global markets is the question of regulation: how to regulate market access, product safety, consumer protection laws, financial services, probity and capital adequacy as well as anti-trust and competition laws and policies. Businesses complain that regulatory requirements frequently hinder the development of new markets. At the same time greater public awareness and concern, especially over other global issues such as environment protection, have raised the cost implications of regulatory requirements, sometimes astronmically. The essays in this volume attempt to address the success of efforts in the European Community, the US and elsewhere in the world to regulate in such a way as to accomodate both the interests of business and the wider interests of the public. The volume is divided into several sections, the first which deals with the globalization of regulatory processes. Other sections examine regulatory competition in the field of company law, self-regulation and competition in US corporate law; regulatory regimes in the European Union and the issue of regulatory coordination affecting economic and social insterests. This is an original and wide-ranging collection of essays which will attract a broad readership both in the US and Europe.

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2017: Volume 6 reports on European Union - Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia (WT/DS442).

Since their introduction in 1984, milk quotas have become a prominent feature of the Common Agricultural Policy. The vigorous and yet at times questionable trade in milk quotas is a strong indication that its legal ramifications are underestimated at their peril. Indeed practitioners in this area cannot afford to ignore the astonishingly large number and high value of dealings in quota. Academics as well are no longer in doubt as to the importance of quota legislation and its ramifications. Milk quotas constitute a major and novel extension of Community power in the agricultural sector and represent a potent force in the development of Community law. Indeed, the Common Agricultural Policy gives rise to the single largest body of cases before the European Court of Justice with milk quotas taking a leading role. This indispensable and up-to-date practitioner's manual explores the influence that milk quotas have had on both EC and UK legislation. The author examines exactly how these quotas operate in relation to landlords, tenants, taxation and, consequently, rural culture itself. He goes on to consistently link the domestic effects of milk quota legislation to the European Court of Justice and identifies ways in which milk quota regulation is influencing other areas of EC law.

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2017: Volume 7 reports on Indonesia - Importation of Horticultural Products, Animals and Animal Products (WT/DS477, WT/DS478).

In a context of neoliberal globalization, have the processes of implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question.

This book studies the new economic and financial reforms China is adopting to advance its economy, and the policies behind the Chinese Outbound Direct Investment (ODI). It also aims to illustrate the impact of China's reforms on Chinese Outward Investments, and the Internationalization of the RMB.The book explores the new wave of reforms, especially in the financial sector, together with President Xi Jinping's vision for a shared future for mankind together with his explanation on the 'new Era'. In fact, China is entering a 'New Era' and transforming its economy into a more sophisticated one, upgrading the industrial sector and introducing specific and dedicated reforms in the SOEs (State Owned Enterprises) to render them more efficient and allow them to compete fairly at the international level.The book also focuses on RMB 'internationalization'. It also contains an addendum on trade frictions between China and the US.

For decades, the public company has played a dominant role in the American economy. Since the middle of the 20th century, the nature of the public company has changed considerably. The transformation has been a fascinating one, marked by scandals, political controversy, wide swings in investor and public sentiment, mismanagement, entrepreneurial verve, noisy corporate "raiders" and various other larger-than-life personalities. Nevertheless, amidst a voluminous literature on corporations, a systematic historical analysis of the changes that have occurred is lacking. The Public Company Transformed correspondingly analyzes how the public company has been recast from the mid-20th century through to the present day, with particular emphasis on senior corporate executives and the constraints affecting the choices available to them. The chronological point of departure is the managerial capitalism era, which prevailed in large American corporations following World War II. The book explores managerial capitalism's rise, its 1950s and 1960s heyday, and its fall in the 1970s and 1980s. It describes the American public companies and executives that enjoyed prosperity during the 1990s, and the reversal of fortunes in the 2000s precipitated by corporate scandals and the financial crisis of 2008. The book also considers the regulation of public companies in detail, and discusses developments in shareholder activism, company boards, chief executives, and concerns about oligopoly. The volume concludes by offering conjectures on the future of the public corporation, and suggests that predictions of the demise of the public company have been exaggerated.

International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North-South cooperation, as well as South-South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

Services account for three quarters of GDP in many countries but less than a quarter of global trade. This insightful volume assesses recent evidence on services trade barriers, the extent to which preferential trade agreements liberalize trade in services and whether such liberalization benefits only participants or extends to non-member countries. It provides an excellent overview of the state of knowledge in this important area, as well as a number of detailed case studies of recent trade agreements that include services.' - Bernard Hoekman, European University Institute, Italy'Sky-high barriers to services trade are the foremost obstacle confronting 21st century trade ministers and create a major impediment to global growth. Ministers have made commendable progress in several regional trade agreements but not much in the World Trade Organization. This volume charts the terrain and provides an essential guide to the achievements and shortcomings of preferential liberalization.' - Gary Clyde Hufbauer, Peterson Institute for International Economics, US This book fills an important gap in the trade literature by offering a comprehensive cross-regional comparison of approaches to preferential market opening and rule-making in the area of trade in services. Chronicling the spectacular recent rise of preferential trade agreements (PTAs) in services and with contributions from some of the world's leading experts, the book examines the forces shaping the demand for preferences in services trade. It asks whether and how preferential advances differ from, go further than, and might ultimately inform the development of multilateral disciplines on services under the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS). The book's core focus is on comparative scholarship, directing attention to the substantive features of services PTAs around the globe and exploring the iterative nature of rule-making and market opening in a still nascent field of trade diplomacy. It advances a number of ideas on how to multilateralize PTA advances in services and takes stock of the likely impact on the WTO system of ongoing attempts at crafting a plurilateral agreement on trade in services. Trade negotiators and policy officials working in the field of trade and investment in services as well as academics in the fields of law, economics and international political economy will find much of use in this authoritative study. Contributors: S. Abeysinghe, M. Bosworth, R. Chanda, A. Mattoo, M. Robert, M. Roy, P. Sauve, S. Stephenson, I. Streho, R. Trewin, N. Ward

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2017: Volume 2 reports on Russian Federation - Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (WT/DS475).

This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden's revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU's requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU's extraterritorial fundamental rights requirements without violating the principles of the WTO's law on services. It also addresses current developments in international trade law - the conclusion of comprehensive trade agreements - and offers suggestion for the design of data flow clauses that accommodate privacy and trade.

Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field.

International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers:

Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts　

E-Commerce issues, including electronic bills of lading

Insurance and payment mechanisms, such as letters of credit and the UCP 600

International transportation of cargo, including the Rotterdam Rules

Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon

Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and developments relating to deferred prosecution agreements

In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.

Table of Contents

IntroductionPart I International Sales Of Goods Overview Chapter 1 Standard Trade Terms Chapter 2 The Vienna Convention On The International Sale Of Goods 1980 Part II Regulating The Electronic Commerce Environment Overview Chapter 3 Electronic Commerce – Legal Issues And Harmonisation Chapter 4 The Electronic Transaction And Security Issues Part III Transportation Of Cargo Overview Chapter 5 Transportation Of Goods By Sea – Charterparties Chapter 6 Bills Of Lading Chapter 7 Bills Of Lading And Common Law Chapter 8 Carriage Of Goods By Sea: Bills Of Lading And The Carriage Of Goods By Sea Act 1971 (Hague-Visby Rules) Chapter 9 The Hamburg Rules And Recent Developments The Rotterdam Rules Chapter 10 International Carriage Of Goods By Air Chapter 11 International Carriage Of Goods By Rail Chapter 12 International Carriage Of Goods By Road Chapter 13 International Multimodal Transport Part IV Financing And Insurance Overview Chapter 14 Marine Insurance Chapter 15 Letters Of Credit Part V Dispute Resolution Overview Chapter 16 Civil Jurisdiction Chapter 17 Choice Of Law Chapter 18 Foreign Judgments Chapter 19 Arbitration Chapter 20 Mediation (Conciliation): An Alternative Form Of Dispute Resolution Part VI Corruption Overview Chapter 21 Fighting Corruption In International Business

This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline, with attention given to their relation to each other and to the manner which they have developed through arbitration case law. The context of each legal principle is explored, along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.

This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.Intellectual Property (IP) law ? particularly in relation to international trade regimes ? is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today?s IP mechanisms are operating. The overall aim is to find an adequate response to the ?IP balance dilemma?. The theme is pursued throughout various topics, including a look at what this means in relation to the economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.

The charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'.

Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development.

The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions."