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

The Coherence of EU Free Movement Law - Constitutional Responsibility and the Court of Justice (Hardcover): Niamh Nic Shuibhne The Coherence of EU Free Movement Law - Constitutional Responsibility and the Court of Justice (Hardcover)
Niamh Nic Shuibhne
R3,773 Discovery Miles 37 730 Ships in 12 - 17 working days

At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. The drivers reflect 'good' impulses (the protection of fundamental rights); avoidable habits (the proliferation of principles and conflicting lines of case law authority); inherent ambiguities (the unsettled purpose and objectives of the internal market); and broader systemic conditions (the structure of the Court and its decision-making processes). These dynamics cause problematic instances of case law fragmentation - which has substantive implications for citizens, businesses, and Member States participating in the internal market as well as reputational consequences for the Court of Justice and for the EU more generally. However, ultimately the Member States must take greater responsibility too: only they can ensure that the Court of Justice is properly structured and supported, enabling it to play its critical institutional part in the complex narrative of EU integration. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice. The idea of constitutional responsibility draws from the nature of the duties that a higher court owes to a constitutional text and to constitutional subjects. It is based on values of fairness, integrity, and imagination. A paradigm of case law coherence is less rigid, and therefore more realistic, than a benchmark of legal certainty. But it still takes seriously the Court's obligations as a high-level judicial institution bound by the rule of law. Judges can legitimately be expected - and obliged - to be aware of the public legal resource that they construct through the evolution of case law.

International Finance - Transactions, Policy, and Regulation (Hardcover, 24th Revised edition): Hal S. Scott, Anna Gelpern International Finance - Transactions, Policy, and Regulation (Hardcover, 24th Revised edition)
Hal S. Scott, Anna Gelpern
R8,345 Discovery Miles 83 450 Ships in 12 - 17 working days

This textbook provides comprehensive coverage of international finance, considering the subject from legal, regulatory, policy, and transactional perspectives. The introductory chapter begins with core legal and economic concepts, followed by an overview of major financial market and policy institutions, and the problem of systemic risk, which has increasingly animated financial regulation. Chapter 2 anchors the remainder of the book in the analysis of two financial and economic crises: the 2007-2009 global financial crisis and the COVID-19 pandemic that began in 2020. Many of the regulatory policies and market adaptation episodes discussed in the book responded to the financial crisis, or, more recently, to the post-crisis reforms. The material on the economic and financial fallout from the COVID-19 pandemic and the policy response, updated through early 2022, begins with the U.S. experience, and includes substantial additional coverage of Europe and Asia. Discussion of the pandemic's impact and response highlights major changes in the role of government in the economy and the role of central banks as lenders of last resort. After the first two chapters, the book is organized in five parts. Part One deals with the international aspects of banking and securities markets in major financial centers. It covers sweeping reforms in response to the global financial crisis of 2007-2009 and the Eurozone crisis that followed, the push for regulatory relief in the United States and elsewhere in 2017-2020, and market developments against the background of the pandemic and tightening regulation in 2021-2022. Chapters 5 and 6 analyze the latest developments in the European Union's ambitious institutional redesign program, including the European Banking Union, as well as the United Kingdom's exit from the European Union, and its implications for the United Kingdom, Europe, and the rest of the world. An overview of the Japanese financial system, updated to reflect post-crisis reforms, concludes Part One. Part Two considers the infrastructure of global financial markets, including payment, clearing and settlement systems, foreign exchange regimes, and international coordination of capital and liquidity requirements. Capital and liquidity standards, coordinated under the auspices of the Basel Committee on Banking Supervision, are key to government efforts to control systemic risk. Chapter 8 includes in-depth coverage of tightening capital and liquidity regulations after the 2007-2009 crisis, and their gradual relaxation since 2017-a trend that has continued in response to COVID-19. Chapter 10 on payment systems briefly notes the developments in financial sanctions following Russia's invasion of Ukraine; however, most of the new material on sanctions is in Part Five. In this edition, the discussion of digital payments and crypto currencies is consolidated in a new chapter on financial technology, also in Part Five. Part Three surveys major market instruments, including securitization and derivatives contracts, and the latest developments in the asset management industry and its regulation. Chapter 16 highlights the differences in U.S. and European approaches to derivatives regulation. The asset management material in Chapter 17 builds on our discussion of securities markets in Part One. Among other topics, this edition examines the market and governance implications of the rise of index funds, and money market fund performance during the COVID-19 pandemic. Part Four focuses on the emerging markets, and covers project finance, debt crises, and international financial institutions charged with crisis response and development finance. This edition covers a wide range of recent developments, including debt distress in the wake of the COVID-19 shock, the rise of new creditors from Russia and China, new efforts at multilateral coordination of sovereign debt restructuring, crises and defaults in Venezuela and Ukraine, as well as key lessons from Argentina's past and recent default episodes. Chapter 20 on China includes an updated overview of that country's financial system, as well as recent changes in the U.S.-China relationship, including the impact of the COVID-19 pandemic and an important trade agreement negotiated on the eve of the pandemic, including financial sector liberalization and safeguards against exchange rate manipulation. Part Five in this edition deals with a broader range of new challenges to the international financial system. Chapter 21 continues to focus on the financing of terrorism, money laundering, and other illicit financial activities, and includes new material on financial sanctions against Russia and their implications for financial markets and payment systems. A new Chapter 22 is dedicated to financial technology. It surveys the design and operation of cryptocurrencies, crypto as an asset class, stablecoins, and potential approaches to regulation. It also analyzes central bank digital currencies (CBDC), and the design and oversight of decentralized lending activities using digital technology.

World Trade Law after Neoliberalism - Reimagining the Global Economic Order (Paperback): Andrew Lang World Trade Law after Neoliberalism - Reimagining the Global Economic Order (Paperback)
Andrew Lang
R1,550 Discovery Miles 15 500 Ships in 12 - 17 working days

The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.

Human Rights and Corporate Wrongs - Closing the Governance Gap (Hardcover): Simon Baughen Human Rights and Corporate Wrongs - Closing the Governance Gap (Hardcover)
Simon Baughen
R3,294 Discovery Miles 32 940 Ships in 12 - 17 working days

This book will be an important resource for scholars and practitioners alike in the emerging field of business and human rights. Simon Baughen's careful and comprehensive analysis of the US and UK case law on corporate responsibility for human rights abuses is invaluable.' - Claire Methven O'Brien, The Danish Institute for Human RightsThe effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. This timely book considers how these 'governance gaps', as identified by Professor John Ruggie, may be closed. Simon Baughen examines the status of corporations under international law, the civil liability of corporations for their participation in international crimes and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles. The book includes in-depth analysis of the key legal issues and examines a variety of scenarios including: the Alien Tort Statute litigation against transnational corporations (TNCs) in the US; the use of customary international law as a cause of action in jurisdictions outside the US; and tort litigation against TNCs in the US and UK. The author evaluates how governance gaps may be closed, building on a critical analysis of the place of home States, host States and TNCs under international law and of the UN Guiding Principles and other 'soft law' initiatives. This book will be essential reading for postgraduate students and academics in human rights and corporate governance. It will also provide comprehensive insights for practitioners in NGO.

Yearbook on International Investment Law & Policy 2011-2012 (Hardcover, 2011-2012): Karl P. Sauvant Yearbook on International Investment Law & Policy 2011-2012 (Hardcover, 2011-2012)
Karl P. Sauvant
R9,567 Discovery Miles 95 670 Ships in 12 - 17 working days

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 raises 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 on recent trends and issues in foreign direct investment (FDI). It then discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties. 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. The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment. It also discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties.

Public Health in International Investment Law and Arbitration (Hardcover): Valentina Vadi Public Health in International Investment Law and Arbitration (Hardcover)
Valentina Vadi
R4,214 Discovery Miles 42 140 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.

Investment Treaty Arbitration - Problems and Exercises (Paperback): Kaj Hober Investment Treaty Arbitration - Problems and Exercises (Paperback)
Kaj Hober; As told to Joel Dahlquist Cullborg
R1,776 Discovery Miles 17 760 Ships in 12 - 17 working days

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyze all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key features include: ? extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases? exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master?'s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

Documents in International Economic Law - Trade, Investment, and Finance (Hardcover): Christian J. Tams, Christian Tietje Documents in International Economic Law - Trade, Investment, and Finance (Hardcover)
Christian J. Tams, Christian Tietje
R4,939 Discovery Miles 49 390 Ships in 12 - 17 working days

International economic law is one of the crucial branches of international law, and of major importance both practically and conceptually. This document collection brings together all of the most important treaties, regulations, and other documents in this area. It presents the key documents of contemporary international economic law in one single volume, so to provide students as well as practitioners with an accessible reference guide. The book will feature a brief introduction, providing readers with a 'roadmap' through what is perceived by many as the maze of international economic law. The collection brings together documents relating to the three main pillars of international economic law, namely world trade law, international monetary law, and international investment law. These are preceded by texts of a more general character, notably issued by the United Nations and clarifying the parameters of international economic relations. This broad focus enables readers to view international economic law in its breadth and to avoid the pitfalls of a 'compartmentalised' approach, which exclusively focuses on, for example, WTO law or investment law without appreciating their interrelation. By bringing together key texts of all three branches, the book should be invaluable to students taking general courses of international economic law as well as more specialised courses such as WTO law or investment law.

From Single Market to Economic Union - Essays in Memory of John A. Usher (Hardcover): Niamh Nic Shuibhne, Laurence W. Gormley From Single Market to Economic Union - Essays in Memory of John A. Usher (Hardcover)
Niamh Nic Shuibhne, Laurence W. Gormley
R3,206 Discovery Miles 32 060 Ships in 12 - 17 working days

The path from single market to economic union is a continuing, and controversial, story; raising questions about the present and future regulation, structures, and purpose of economic union within the broader objectives of the EU legal and political order. This collection focuses on the evolution and regulation of the EU as an economic union, in tribute to the scholarship of the late Professor John A Usher. The process of treaty reform within the EU has now reached fruition and attention is being re-focused on substantive aspects of EU law and policy. The essays in the collection consider the EU internal market in its broadest sense: the fundamental free movement provisions remain at the core, but the concept of the transnational market must also accommodate competing interests to which the EU is committed but the implications of which can nonetheless distort, and thus need to be carefully balanced within, the basic free trade framework (for example, intellectual property rights and the protection of innovation, and also the implementation of social policy objectives). The collection also situates the market in its broader politico-economic context. The global economic climate remains precarious and questions about optimal financial and fiscal regulation, and monetary stability, remain critically significant, especially in a transnational context given the degree of inter-dependency generated by the EU integration project. The essays in the collection offer in-depth reflections on different 'parts' of this evolving transnational economic union, linked together as a whole by cross-cutting thematic concerns about competence and regulation, and about where and how the economic law of the EU fits within the broader integration narrative. Together, these different elements of the proposed collection demonstrate the different facets of EU economic law and its regulation; and this approach, in turn, reflects the extraordinary breadth of John Usher's remarkable contribution to scholarship.

Fossil Fuel Subsidy Reform - An International Law Response (Hardcover): Vernon J.C. Rive Fossil Fuel Subsidy Reform - An International Law Response (Hardcover)
Vernon J.C. Rive
R3,305 Discovery Miles 33 050 Ships in 12 - 17 working days

Fossil fuel consumption is an increasingly volatile issue, and its subsidisation continues to be challenged by lobbyists and activists. This timely book provides an empirically-grounded and theoretically-informed account of international law sources, mechanisms, initiatives and institutions relevant to the practice of subsidising fossil fuel consumption and production. This book offers a wide-ranging analysis and critique of polycentric international responses to environmentally harmful fossil fuel subsidies. Drawing on interviews with officers and representatives of a wide range of institutions involved in subsidy reform, as well a broad range of cabinet papers and diplomatic correspondence, Vernon Rive dissects and maps the activities of the international legal and governance framework relevant to fossil fuel subsidy reform. Featuring sustained and comprehensive analysis throughout, the book considers the existing WTO framework's potential to legally challenge fossil fuel subsidy practices. This engaging book will be indispensable to researchers in law with a particular interest in the frameworks that underpin and challenge fossil fuel subsidies. Furthermore, it will provide critical insight for legal practitioners and policymakers operating in international trade and environment policy, as well as wider global climate change networks.

Transnational Commercial Law - International Instruments and Commentary (Hardcover, 2nd Revised edition): Roy Goode, Herbert... Transnational Commercial Law - International Instruments and Commentary (Hardcover, 2nd Revised edition)
Roy Goode, Herbert Kronke, Ewan McKendrick, Jeffrey Wool
R13,668 Discovery Miles 136 680 Ships in 12 - 17 working days

Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments.
Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods.
Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes.
In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.

Consent in International Arbitration (Hardcover, New): Andrea M. Steingruber Consent in International Arbitration (Hardcover, New)
Andrea M. Steingruber
R9,091 Discovery Miles 90 910 Ships in 12 - 17 working days

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

Treaty Interpretation in Investment Arbitration (Hardcover, New): J. Romesh Weeramantry Treaty Interpretation in Investment Arbitration (Hardcover, New)
J. Romesh Weeramantry
R9,329 Discovery Miles 93 290 Ships in 12 - 17 working days

The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. Foreword by by Professor Michael Reisman, Yale Law School _

Research Handbook on Global Justice and International Economic Law (Paperback): John Linarelli Research Handbook on Global Justice and International Economic Law (Paperback)
John Linarelli
R1,540 Discovery Miles 15 400 Ships in 12 - 17 working days

The fairness of institutions of global economic governance ranks among the most pressing issues of our time. Most approaches to understanding the complex structure of treaties and intergovernmental organizations such as the WTO tend to uncritically accept an economic focus, highlighting gains from trade and the merits of progressive trade and investment liberalization. While the economic arguments are compelling, other ways of thinking about the roles of these institutions have received less attention. The Research Handbook fills this gap by offering a substantial interdisciplinary examination of the normative and policy underpinnings of the international economic order.The book includes specially commissioned chapters based on theories of justice, human rights, and critical legal studies, as well as on economics and the internal structure of international economic law itself, all written by leading scholars in their respective fields. The contributors offer an interdisciplinary approach to understanding the relationship between international economic law and policy and the rights and welfare of peoples across the globe. The end result is an essential point of reference for developing a comprehensive toolkit for evaluating the institutions of global economic governance. Containing extensive and significant interdisciplinary coverage of key areas of research on international economic law and policy, this Research Handbook will appeal to political scientists, philosophers, legal scholars, economists and international relations theorists. Contributors: G. Brock, B.S. Chimni, L.V. Ciko, P. Clements, C.M. Correa, F.J. Garcia, B. He, C.L. Lim, J. Linarelli, S.M. Lundan, A. Maneschi, H. Murphy, E.-U. Petersmann

EU Foreign Investment Law (Hardcover): Angelos Dimopoulos EU Foreign Investment Law (Hardcover)
Angelos Dimopoulos
R3,439 R3,126 Discovery Miles 31 260 Save R313 (9%) Ships in 12 - 17 working days

The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law. EU foreign investment law is emerging as a critically important issue, particularly since the introduction of EU competence over foreign direct investment after the Lisbon Treaty and the recent successful challenge of the compatibility of Member States Bilateral Investment Treaties with EU law. Within this framework, the book sets out to identify whether and to what extent the EU has become an international actor in the field of foreign investment. Exploring the existing legal framework on the scope and exercise of EU competence and its legal effects, it examines the foundations upon which EU investment policy is based and will be based in the future. The book addresses questions relating to the definition of foreign investment; the scope of EU competences; the exercise of EU powers; the substantive content of existing and future EU International Investment Agreements; and the objectives of EU investment policy and its EU law effects. From this grounding, the study widens to scrutinize the influence that the EU exerts on international law and regulation of foreign investment. Paying careful attention to the substantive content and orientation of EU International Investment Agreements, the book takes a comparative approach to the content of Bilateral Investment Treaties, as well as to the ramifications of EU foreign investment regulation for international law, especially with regard to the EU's international responsibility. Taking into account the recent developments in the field, this book provides the first comprehensive treatment of the legal, practical, and political concerns that the creation of an EU common investment policy creates.

The Domestic Politics of Negotiating International Trade - Intellectual Property Rights in US-Colombia and US-Peru Free Trade... The Domestic Politics of Negotiating International Trade - Intellectual Property Rights in US-Colombia and US-Peru Free Trade Agreements (Hardcover)
Johanna Von Braun
R4,218 R2,899 Discovery Miles 28 990 Save R1,319 (31%) Ships in 12 - 17 working days

The Domestic Politics of International Trade considers the issues surrounding intellectual property rights in international trade negotiations in order to examine the challenges posed to domestic policy-makers by the increasingly broad nature of Free Trade Agreements (FTAs). Throughout the book the author demonstrates the importance of domestic politics in understanding the nature and outcome of international negotiations, particularly as they relate to international economic diplomacy. The book looks in detail at the intellectual property negotiations which formed part of the US-Peru and US-Colombia Free Trade Agreements and analyses the extent to which public health authorities and other parties affected by the increased levels of intellectual property protection were integrated into the negotiation process. The book then juxtaposes these findings with an analysis of the domestic origins of US negotiation objectives in the field of intellectual property, paying particular attention to the role of the private sector in the development of these objectives. Based on a substantial amount of empirical research, including approximately 100 interviews with negotiators, capital based policy-makers, private sector representatives, and civil society organisations in Lima, Bogota and Washington, DC, this book offers a rare account of different stakeholders' perceptions of the FTA negotiation process. Ultimately, the book succeeds in integrating the study of domestic politics with that of international negotiations. This book will be of particular interest to academics as well as practitioners and students in the fields of international law, economic law, intellectual property, political economy, international relations, comparative politics and government.

Schuman Report on Europe - State of the Union 2012 (Paperback, 2nd ed. 2012): Foundation Schuman Schuman Report on Europe - State of the Union 2012 (Paperback, 2nd ed. 2012)
Foundation Schuman
R1,510 Discovery Miles 15 100 Ships in 10 - 15 working days

The Schuman 2012 Report on the State of the Union is both a reference and a tool. A reference: bringing together contributions from leading specialists, including an interview with Jean-Claude Trichet, former President of the European Central Bank. This Report proposes a novel analytical framework, so that everyone can form his/her opinion on a series of key questions:
The European Union and the Crisis: between doubts and necessity Facing the Economic and Financial Crisis: strategy for growth and employment
Europe and the New World (Im)balance A tool: with its thirty original colour maps it brings together essential information.

The summary of political Europe: analysis of European elections 2011, calendar of the elections in 2012, political and economic representation of women in Europe, normative production of the Union in 2011, European Opinion in 2011

Europe in Figures: a new series of statistics and maps, covering all major current issues (growth, purchasing power, economic policy, demography, immigration, energy, environment, globalization, European policies, ...). The key to understanding the European dynamic. Under the direction of T. Chopin and M. Foucher, the following people have contributed to this book: J-C. Trichet, J. P. Jouyet, M.Barnier, A. Lamassoure, C.Coelho, J. Bitterlich, J-P. Herteman, W. Martens, J-D. Giuliani, P.Hassner, C. de Boissieu, S.Hill, M.Lemoine, N.Gnesotto, L. Martinez, P. Joannin, S. de Corte, B.Aguilera-Barchet, C. Deloy, P-A. Molina, F. Lirzin, S. Paulo.

Blame it on the WTO? - A Human Rights Critique (Hardcover): Sarah Joseph Blame it on the WTO? - A Human Rights Critique (Hardcover)
Sarah Joseph
R4,001 Discovery Miles 40 010 Ships in 12 - 17 working days

This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more 'human rights-friendly'.

International Investment Law and Comparative Public Law (Hardcover, New): Stephan W. Schill International Investment Law and Comparative Public Law (Hardcover, New)
Stephan W. Schill
R9,134 Discovery Miles 91 340 Ships in 12 - 17 working days

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement (Hardcover): Michelle T. Grando Evidence, Proof, and Fact-Finding in WTO Dispute Settlement (Hardcover)
Michelle T. Grando
R3,349 Discovery Miles 33 490 Ships in 12 - 17 working days

This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e. the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case, (b) to make suggestions for improvement.
This book analyzes questions such as (i) which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof); (ii) what quantum of proof is necessary to convince the panel (standard of proof); (iii) the role of the panel, disputing parties, and non-disputing parties (e.g. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) the consequences of a party's failure to cooperate in the process of fact-finding; (v) how the parties can access the information which is necessary to prove their allegations; and (vi) the treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world, the common law and the civil law, and to the extent possible the approaches adopted by other international courts and tribunals.

Human Rights in International Investment Law and Arbitration (Hardcover): Pierre-Marie Dupuy, Ernst-Ulrich Petersmann,... Human Rights in International Investment Law and Arbitration (Hardcover)
Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, Francesco Francioni
R8,439 Discovery Miles 84 390 Ships in 12 - 17 working days

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

Human Rights in International Investment Law and Arbitration (Paperback, New): Pierre-Marie Dupuy, Ernst-Ulrich Petersmann,... Human Rights in International Investment Law and Arbitration (Paperback, New)
Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, Francesco Francioni
R2,480 Discovery Miles 24 800 Ships in 12 - 17 working days

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

Language and Translation in International Commercial Arbitration - From the Constitution of the Arbitral Tribunal through... Language and Translation in International Commercial Arbitration - From the Constitution of the Arbitral Tribunal through Recognition and Enforcement Proceedings (Hardcover, Edition.)
Tibor Varady
R1,590 Discovery Miles 15 900 Ships in 10 - 15 working days

With a foreword by Judge Thomas Buergenthal, International Court of Justice The present book is the first book-length monograph addressing practically all language issues likely to arise throughout the arbitration process and post-arbitration proceedings. International Commercial Arbitration is a transcultural venture and the need to bridge language differences is a part of the process. There are more and more cases in which procedural or alleged procedural deficiencies pertaining to language emerge as an issue with unforeseen and costly consequences. The author presents a comprehensive survey of questions related to language and translation in (post-)arbitral proceedings. The issues are systematized and answers to the questions are suggested and analyzed, relying primarily on arbitration and court cases, international agreements, statutes and institutional rules. As such, it allows the reader to find answers to specific questions, and also offers a distinctive comparative survey. The book provides guidance to both arbitrators and parties to arbitration as well as to judges and other participants in post-award proceedings. Tibor Varady is a Professor of Law at the Central European University, Budapest, and Emory University School of Law, Atlanta. He has been an arbitrator in no less than 200 cases. Professor Varady has been on the list of arbitrators of eight arbitral institutions in Europe, Africa and Asia.

Chinese Investment Treaties - Policies and Practice (Hardcover, New): Norah Gallagher, Wenhua Shan Chinese Investment Treaties - Policies and Practice (Hardcover, New)
Norah Gallagher, Wenhua Shan
R11,383 Discovery Miles 113 830 Ships in 12 - 17 working days

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs.
Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book will provide a detailed review and analysis of China's approach to foreign investment. It will consider the current role of investment treaties in China's foreign economic policy, analyze and interpret the key provisions of the BITs, and discuss the future agenda of China's investment program. It will look at how this investment regime interconnects with the domestic system and consider the implications for a foreign investor in China.

Appeals Mechanism in International Investment Disputes (Hardcover, New): Karl P. Sauvant Appeals Mechanism in International Investment Disputes (Hardcover, New)
Karl P. Sauvant
R7,172 Discovery Miles 71 720 Ships in 12 - 17 working days

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions. The Columbia Program on International Investment, a joint undertaking of Columbia Law School and the Earth Institute, has taken on the challenge of the international investment law system and in April 2006 held its first symposium, "Coherence and Consistency in International Investment Law." Appeals Mechanism in International Investment Disputes is one important result: It compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis is on the question of an appellate body for international investment disputes. The authors also seek ways to streamline and improve the system, channeling the benefits of free trade and investment flows to people in both the developing and emerging markets. The Appendices provide readers with extensive background material to place the chapters into context. Selected sections include concise commentaries to further illuminate the timely themes covered by the chapters. The volume is singular in its success at bringing together so many exceptional individuals on a question of growing import-how to improve the international law regime to increase prosperity and further global development. If a reader wants to know what the influential voices in international law are saying right now, and in a concise and readable format, this is the publication to have.

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