This book explores the concept of test data exclusivity protection for pharmaceuticals. Focusing on Art 39(3) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and relevant provisions in selected free trade agreements (FTA) and national laws, it combines normative, historical, comparative and economic analysis of test data exclusivity protection.At the heart of this book is the novel and original Index of Data Exclusivity and Access (IDEAS), which analyzes the effectiveness of test data exclusivity provisions in FTAs and national laws both on the strength of exclusivity as well as on access to medicine. IDEAS provides a framework for the assessment of current test data exclusivity protection standards on the basis of their proximity to Article 39(3) of the TRIPS Agreement, the scope of exclusivity and the flexibilities in FTAs, and subsequently in national laws. This book aims to broaden national and international policy makers' grasp of the various nuances of test data exclusivity protection. Furthermore, it provides practical recommendations with regard to designing an appropriate legal system with a strong focus on promoting access to medicine for all.

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a "bribe merchant"), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

For the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas's interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities' protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means). Of the 49 essays written by scholars and practitioners from different parts of the world six are in French.

Defining Global Justice offers the first comprehensive overview of the history of the United States' role in the International Labor Organization (ILO). In this thought-provoking book, Edward Lorenz addresses the challenge laid down by the President of the American Political Science Association in 2000, who urged scholars to discover "how well-structured institutions could enable the world to have 'a new birth of freedom'." Lorenz's study describes one model of a well-structured institution. His history of the U.S. interaction with the ILO shows how some popular organizations, including organized labor, the women's movement, academics, the legal community, and religious institutions have been able to utilize the ILO structure to counter what the APSA president called "self-serving elites and ... their worst impulses." These organizations succeeded repeatedly in introducing popular visions of social justice into global economic planning and the world economy.

By underscoring the role of women in this process, he highlights the importance of gender relations in the development of labor standards policy. Lorenz also shows how transformations in the economic and social reproduction of knowledge gradually displaced academics from the cutting edge of research on labor issues.

Throughout this fascinating study, Lorenz reminds his readers that the development of decent labor standards has come in large part from the efforts of religious groups and a host of other nongovernmental, voluntary civic organizations that have insisted labor is a human activity, not a commodity.

Defining Global Justice reveals why the United States, despite showing exceptional restraint in domestic social policymaking, played a leading role in the pursuit of just international labor standards. Lorenz's lucid volume covers a century's worth of efforts, charting the development of a body of international law and an institutional structure as important to the global economy of the twenty-first century as the battle against slavery was in the nineteenth century.

This volume offers a comprehensive and empirically rich analysis of regional maritime disputes in the South China Sea (SCS). By discussing important aspects of the rise of China's maritime power, such as territorial disputes, altered perceptions of geo-politics and challenges to the US-led regional order, the authors demonstrate that a regional power shift is taking place in Asia-Pacific. The volume also provides in-depth discussions of the responses to Chinese actions by SCS claimants as well as by important non-claimant actors.

Counterfeit products represent a growing problem for a wide range of industries. There are many estimates of the size of this problem most of which coalesce around $500-billion annually on a global basis. Overall, a wide range of industries agree that there is a severe problem with the global protection of intellectual property rights (IPR), yet, there have been virtually no attempts to describe all aspects of the problem. This book aims at giving the most complete description of various characteristics of the intellectual property rights (IPR) environment in a global context. The authors believe a holistic understanding of the problem must include consumer complicity to purchase counterfeit, actions of the counterfeiters (pirates) as well as actions (or inaction) by home and host governments, and the role of international organizations and industry alliances. Only after establishing how all the actors in the IPR environment relate to one another can we describe global protection of the intellectual property rights environment and the managerial response of IPR owners and/or industry associations to combat this ongoing problem. The bookconcludes with pragmatic recommendations for protecting intellectual property given the recent trends discussed in the previous chapters, making it of interest to practitioners and policy-makers alike.

Compiled by leading international trade law practitioners and academics from across the globe, this volume provides legal and business communities with information, knowledge and an understanding of recent developments in international trade, business and international commercial arbitration. Scholarly in style, this volume contributes to the discussions surrounding the developments whilst being informative and of practical use to the business community and lawyers. Covering the areas of international trade and business law, arbitration law, foreign law and comparative law, with one section devoted to the Willem C. Vis International Commercial Arbitration Moot, it contains: leading articles comments case notes book reviews. International Trade and Business Law Review is an invaluable resource for post-graduate students and business and legal professionals, primarily studying and working in the UK, USA and Australia.

Understanding Investment Law in Zambia deals with both the domestic law and international legal norms pertaining to foreign direct investment. A wide array of topics is covered in this book, including the contractual, legislative and treaty-based protections available to investors as they consider entrusting their capital to another jurisdiction. These protections are considered through the prism of the Zambian investment climate, and give a glimpse into both historical and current issues.

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who 'think' and 'act' through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of 'corporate culture', and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.

This book analyzes the modern trend in the Japanese M and A market. It reveals from different perspectives the process of convergence to a new monitoring model of the corporation: "the market for corporate control." The book contains a systematic survey of all relevant economic and legal information in this field.

Analysis of 17 recent cases of hostile takeover is presented.

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) recent trends and issues in foreign direct investment (FDI). Part Two, then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and helpfully annexes the key official European Union documents. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.

This book explores the legal implications of China's state-directed economic model for the existing international economic order. It first reveals the close links between the market and the state in contemporary China by profiling an emerging triple role of the state in the economy. It then explores how the domestic legal system underpins the distinctive market-state relationship, before analysing whether essential norms of international economic law, which bracket the international economic order, are able to adapt to China's innovative market-state relationship. The book argues that the international economic order is inherently limited since it tends to adhere to an orthodox dichotomy, with a clear boundary between the market and the state. It also suggests that China's new state-market relationship has challenged the dichotomy - the state does not intend to eliminate the functioning of the market but, conversely, utilises a market mechanism and makes itself more integrated into the market. Lastly the book proposes a fresh perspective to comprehend the 'market-state' question, which does not to take for granted that all market-state relationships are mutually exclusive.

This book brings together international perspectives on free trade issues that affect civil society from the general populace to the governments of nations, and is relevant not only for lawyers, but also policymakers, international actors and businesses, as well as those with a general interest in free trade agreements. The book examines the manifestation of the concept of free trade in agreements, such as the Trans-Pacific Partnership (TPP), Regional Comprehensive Economic Partnership (RCEP), and China-Australia Free Trade Agreement (ChAFTA). It asks whether such agreements are entered into for the purposes of enhancing trading relationships between partner nations, strengthening commercial ties, and fostering economic growth; or are they sometimes used merely for local political outcomes of the most influential nations.

There is a wide-spread consensus that UTPs occur throughout the food supply chain. Unfair trading practices (UTPs) can be defined as practices which grossly deviate from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on its counterparty. Some Member States, such as France, Belgium and the UK, have already adopted legislation specifically prohibiting such practices (in the food and/or non-food supply chain). In addition, various self-regulatory initiatives exist. In April 2019, the European Parliament and the Council adopted Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. A Commission Proposal of April 2018 (COM(2018) 173 final) was substantially amended. To improve farmers' and small and medium sized businesses' position in the food supply chain, the Directive bans certain unfair trading practices including late payments for perishable food products; last minute order cancellations; unilateral changes to contracts; refusal to enter into a written contract; returning unsold or wasted products; payment for buyer's marketing. Each Member State has to designate a competent authority to enforce these rules and these authorities must have the power to both launch investigations and fine operators who break the rules. The Member States now have two years to implement the Directive.

One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated 'civilising mission' of the contract, a notion which itself constitutes the canon of the Western liberal principle of 'civilised economy'. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law's development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the "right to development" within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author's professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

This volume contains papers presented in a workshop of international experts in September 2008 in Berlin. The experts discussed how environmental consequences of EU legislation can be incorporated in a more effective way. In other words, this contribution focuses on the question of which measures can strengthen the cons- eration of environmental effects in the EU impact assessment procedure and in the subsequent legislative decision-making process. This allows drawing conclusions for the impact assessment process in Germany. This volume begins with an introductory paper (Bizer/Lechner/Fuhr) which served as the basis for discussion in our workshop. The questions raised in this paper are addressed by the authors of the subsequent chapters. Stephen White (DG Environment, EU-Commission) discusses the impact assessment from an int- nal perspective within the Commission. Pendo Maro (European Environmental Bureau) reviews the impact assessment practice from the perspective of an en- ronmental NGO. Martin Schmidt et al. discuss the potential for more formalism to strengthen environmental issues within impact assessments and favour a checklist."

This book offers guidelines for the upcoming discussions on reform, representing an attempt to work out conceptions for a better international competition order on the basis of the scientific approach 'law and economics'. It presents the dominant concepts of competition policy as a basis for an international competition order and formulates a synthesis. The result is a new neo-ordoliberal approach. Anti-dumping-measures are analysed of the effects on international competition and resource allocation, and alternatives and improvements are suggested. From national forms of competition policy a synthesis of international competition policies are derived. Currently reforms of the international competition order are heavily discussed and here a selection of the most important suggestions are presented, compared, and evaluated. Finally, this book offers strategies that might serve as second-best solutions, and though they may not be optimal for competition policy, they are politically feasible and an improvement on the current competition regulations. They would be a back-up in case the WTO competition regulations aren't realizable.

The linkages between WTO rules governing trade and energy security with a certain degree of focus on India are the main subject of this book. The edited volume brings together the views of academics, policymakers and experts with extensive experience covering WTO and international trade issues. The issues examined include mapping the linkages between trade and energy security in the WTO agreements, case law, accession and Doha negotiations; assessing the issues that could be raised by energy deficit or energy surplus countries at the WTO; analyzing the provisions of the ECT and NAFTA vis-a-vis the Indian policy framework and examining the trade regimes of selected OPEC members and other major suppliers of fossil fuels to India. While the Indian perspective is evident in the contributions, this book will also be of interest to an international audience, as trade, the WTO and energy security are global concerns and of relevance to all practitioners and academics working on these issues."

This book investigates whether legal reforms intended to create a market-friendly regulatory business environment have a positive impact on economic and financial outcomes. After conducting a critical review of the legal origins literature, the authors first analyze the evolution of legal rules and regulations during the last decade (2006-2014). For that purpose, the book uses legal/regulatory indicators from the World Bank's Doing Business Project (2015). The findings indicate that countries have actively reformed their legal systems during this period, particularly French civil law countries. A process of convergence in the evolution of legal rules and regulations is observed: countries starting in 2006 in a lower position have improved more than countries with better initial scores. Also, French civil law countries have reformed their legal systems to a larger extent than common law countries and, consequently, have improved more in the majority of the Doing Business indicators used. Second, the authors estimate fixed-effects panel regressions to analyze the relationship between changes in legal rules and regulations and changes in the real economy. The findings point to a lack of systematic effects of legal rules and regulations on economic and financial outcomes. This result stands in contrast to the widespread belief that reforms aiming to strengthen investor and creditor rights (and other market-friendly policies) systematically lead to better economic and financial outcomes.

The law of international trade raises questions of great intellectual depth. In Principles of Law Relating to International Trade, the author draws from his practical and teaching experience to give a comprehensive introduction to the key areas of law that apply in international business. For the benefit of readers unfamiliar with the English legal system and the many associated branches of English civil law, the book includes a brief introduction to, among other topics, constitutional, criminal, and employment law. The branches of law directly related to international trade, such as contract, insurance, competition, carriage of goods, and sale of goods, are concisely covered in the main text. Case studies and examples are used to clarify the issues for the non-specialist, making international trade law accessible to those taking professional examinations in this field, as well as business executives. The extensive use of footnotes and inclusion of case commentaries bring into clearer focus the many facets of this complicated subject and would be of benefit to the international trade law specialist.

Despite the enormous diversity and complexity of financial instruments, the current taxation of hybrid financial instruments and the remuneration derived therefrom are characterized by a neat division into dividend-generating equity and interest-generating debt as well as by a coexistence of source- and residence-based taxation. This book provides a comparative analysis of the classification of hybrid financial instruments in the national tax rules currently applied by Australia, Germany, Italy and the Netherlands as well as in the relevant tax treaties and EU Directives. Moreover, based on selected hybrid financial instruments, mismatches in these tax classifications, which lead to tax planning opportunities and risks and thus are in conflict with the single tax principle, are identified. To address these issues, the author provides reform options that are in line with the dichotomous debt-equity framework, as he/she suggests the coordination of either tax classifications or tax treatments.

"This book offers a well-argued and insightful critical assessment of the shortcomings of international trade and competition rules in tackling interventionist State measures in the context of an economic crisis. Dawar offers an evidence-rich account of the challenges that State protectionism creates for international trade liberalisation and for the protection of competition in international markets. Her insights will be particularly interesting in the context of current events leading to another surge of State economic interventionism, both for academics and for policy-makers with an interest in international trade." Dr Albert Sanchez-Graells, University of Bristol Law School "This book bursts the bubble of the self-congratulatory attitude that existing institutions, which were set up to discipline governments from a race to the bottom on economic policy, worked well after the financial crisis. These institutions may have prevented tariff wars, a big achievement compared to the time of the Great Depression. But they went along with the subsidies and state aid that governments put in place after 2007. Such flexibility on economic policy is essential in turbulent times. But these institutions are undermined if flexibility comes with a race to the bottom that shifts money away from policies for the more marginalized sections of society. At a time when the left behinds are changing the political landscape of the world, Kamala's book debunks the myth of the success of existing institutions in containing the economic fallout of the global financial crisis. It gives a sobering warning of what might unfold when institutions deal with economic challenges by turning a blind eye to their own rules for checking unfair competition." Dr Swati Dhingra, Senior Lecturer at the Department of Economics, London School of Economomics 'An impressive contribution to our understanding of the financial crisis. Dawar's reading of bailouts and buy national through the lens of competition law and government procurement law and policy is inspirational.' Professor Mary E Footer, University of Nottingham School of Law 'The diplomatic fiction that during the crisis years regional and global trade rules ensured a level commercial playing field is skewered by Dawar's trenchant legal analysis.' Professor Simon Evenett, University of St Gallen This book examines the international regulation of crises bailouts and buy national policies. It undertakes this research with specific reference to the crisis years 2008-2012. The book includes a comparative analysis of the regulation of public procurement and subsidies aid at both multilateral and regional levels, identifying the strengths and weakness in the WTO legal framework and selected regional trade agreements (RTAs). Ultimately, the aim of this work is to provide options for improving the consistency of these laws and the regulation of these markets. This is of immediate relevance for good economic governance, as well as for managing future systemic financial crises in the interests of citizens: as tax payers and consumers.