Farmers have engaged in collective systems of conservation and innovation improving crops and sharing their reproductive materials since the earliest plant domestications. Relatively open flows of plant germplasm attended the early spread of agriculture; they continued in the wake of (and were driven by) imperialism, colonization, emigration, trade, development assistance and climate change. As crops have moved around the world, and agricultural innovation and production systems have expanded, so too has the scope and coverage of pools of shared plant genetic resources that support those systems. The range of actors involved in their conservation and use has also increased dramatically.

This book addresses how the collective pooling and management of shared plant genetic resources for food and agriculture can be supported through laws regulating access to genetic resources and the sharing of benefits arising from their use. Since the most important recent development in the field has been the creation of the multilateral system of access and benefit-sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture, many of the chapters in this book will focus on the architecture and functioning of that system. The book analyzes tensions that are threatening to undermine the potential of access and benefit-sharing laws to support the collective pooling of plant genetic resources, and identifies opportunities to address those tensions in ways that could increase the scope, utility and sustainability of the global crop commons.

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

While energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as a source of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use of geothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and other nuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at the international level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.

This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees. Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.

Competition (or antitrust) law is national law. More than 120 jurisdictions have adopted their own competition law. Is there a need for convergence of the competition law systems of the world? Much effort has been devoted to nudging substantive law convergence in the absence of an international law of competition. But it is widely acknowledged that institutions play as great a role as substantive principles in the harmonious - or dissonant - application of the law. This book provides the first in depth study of the institutions of antitrust. It does so through a particular inquiry: Do the competition systems of the world embrace substantially the same process norms? Are global norms embedded in the institutional arrangements, however disparate? Delving deeply into their jurisdictions, the contributors illuminate the inner workings of the systems and expose the process norms embedded within. Case studies feature Australia/New Zealand, Canada, Chile, China, Japan, South Africa, the USA, and the European Union, as well as the four leading international institutions involved in competition: the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network; and the introductory and synthesizing chapter by the directors of the project draws also from the new institutional arrangements of Brazil and India. The book reveals that there are indeed common process norms across the very different systems; thus, this study is a counterpart to studies on convergence of substantive rules. The synthesizing chapter observes an emerging 'sympathy of systems' in which global process norms, along with substantive norms, play a critical role. The book provides benchmarks for the field and suggests possibilities for future development when the norms are embraced in aspiration but not yet in practice. It offers insights for all interested in competition law and global governance.

GATT Dispute Settlement Reports compiles all dispute settlement reports issued under the General Agreement on Tariffs and Trade (GATT 1947), including its Tokyo Round plurilateral codes, from 1948 to 1995. This compilation includes both adopted and unadopted reports.The GATT documents containing the reports are reproduced in English in their original form and without any modifications. They are presented in chronological order based on the initiation date of the dispute, with each case identified by a unique GATT dispute (GD) number. A cover page for each dispute provides the report's adoption status, the date it was issued and any GATT or WTO disputes directly related to the dispute in question. At the end of each volume, there is a list of all GATT dispute settlement reports contained within the series, with references to the relevant volume and page numbers.

This book provides a much-needed analysis of this very important subject for company lawyers, including discussion of the principle of freedom of establishment, and focusing upon the key issue of determining where a corporation has its 'seat' for legal purposes. A survey is given of current EC law and of private international law developments in three 'incorporation' countries (Netherlands, England and Switzerland) and three 'real seat' countries (Germany, France and Italy). Following on from entry into force of the Treaty of Amsterdam, an integrated approach of EC law and private international law is advocated in order to develop instruments to facilitate cross-border company migration. Special attention is given to the 1998 EC Draft Proposal for a Fourteenth Company Law Directive on Cross-border Company Transfers.

Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.

Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

This book deals comprehensively with the major treaties and conventions covering the law of international copyright and neighbouring rights. It explains the complex legal, economic and political background to the treaties and their contents, and how they inter-relate. There is also practical commercial discussion of how copyright and neighbouring rights are treated in international trade measures such as GATT, WTO, NAFTA, and bilateral and unilateral treaties, with a section devoted to how unilateral trade measures are applied by the USA in particular. There is also some discussion of how international copyright law and neighbouring rights may develop in the future. The book is intended to be a definitive account of the law of international copyright and neighbouring rights, but it is also intended to be accessible to non-specialist practitioners. It is fully cross-referenced to a forthcoming companion volume, European Copyright Law and Policy (expected to publish in 2008), offering readers a comprehensive approach to the subject. The author has been consulted on copyright policy on numerous occasions by various governmental and non-governmental organisations within and outside the EC, and therefore is ideally placed to give an inside view on how policy is formed.

This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability-both as it is now and as it should be in the future.

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 3 reports on European Union - Measures Affecting Tariff Concessions on Certain Poultry Meat Products (WT/DS492) and United States - Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China (WT/DS471).

Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock, Howse and Eliason here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections with examinations of topics such as: agriculture services and Trade-Related Intellectual Property Rights labour rights the environment migration competition. Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of Preferential Trade Agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007--10 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.

Das Handbuch ermoglicht eine Risikoeinschatzung geplanter Fusionen und dient als Argumentationshilfe und Anleitung fur Fusionskontrollverfahren in China. Es orientiert sich an den fur die Praxis massgeblichen Gesichtspunkten und geht dabei auf die chinesische Fallpraxis und die Diskussion in der chinesischen Rechtsliteratur ein. Berucksichtigung finden auch die politischen und kulturellen Besonderheiten Chinas. Der Anhang enthalt Ubersetzungen der wichtigsten Rechtsvorschriften, juristischer Entscheidungen sowie Formulare.

Cultural assets such as paintings, sculptures and archaeological objects are commodities - merchandise if you will. The trade with cultural assets is not free; indeed, it is governed by numerous national and supranational provisions. The work intends to clarify the relationship of such trade restrictions and the constitutionally stipulated ownership guarantee. For this purpose the author scrutinizes the legal systems as well as the practice of European countries.

The book examines the twofold 'boundaries' of the concept of the European Union's internal market - the geographical and the substantive - through the prism of expanding the internal market to third countries without enlarging the Union. The book offers a comprehensive analysis of the conditions under which the internal market can effectively be extended to third countries by exporting EU acquis via international agreements without sacrificing its defining characteristics. Theoretical rather than empirical in approach, the book scrutinises and meticulously questions the required level of uniformity within flexible integration relating to the substantive scope of the internal market, the role of foundational principles in the European Union's market edifice, and the institutional framework necessary for granting third country actors full participation in the internal market while safeguarding the autonomy of the Union's legal order.

For over 40 years Professor Sir Roy Goode QC has been involved in the preparation of international instruments, working with the International Institute for the Unification of Private Law, the Hague Conference of Private International Law and the International Chamber of Commerce. The essays selected for this volume, written over the course of Sir Roy's career, offer a unique insight into the development of transnational commercial law, combining close theoretical study with an understanding of the practical relevance and application of the principles under discussion. Encompassing a range of topics, such as the processes and products of international harmonisation, comparative law and the conflict of laws, and placing a particular emphasis on the policies and problems of harmonisation, these essays were ground-breaking at the time of their publication and are still widely referenced to this day. Authorial commentary on the essays, provided through introductions to each section of the book, helps the reader to trace how the law has developed since, and often as a result of, the publication of each paper.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. Following the UK withdrawal from the European Union, the Sanctions and Anti-Money Laundering Act 2018 was enacted to enable the UK to continue to implement a regime originating in the EU. This book covers the implementation of a new system for the enforcement of sanctions, including a new mechanism for an appropriate minister to review listings of designated persons and a mechanism for review of that ministerial decision by the High Court. This guide covers the background and Parliamentary scrutiny through to enactment. It offers an approachable commentary to the statute, enabling practitioners to get to grips with the key provisions and the implications for practice. As with all Blackstone's Guides, this book will be in two parts; the first providing detailed commentary on the effects and scope of the Act and the second providing a full copy of the Act itself.

Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

This is the market's most student-friendly textbook on EU internal market law, covering everything students need to know about the legal and regulatory framework of the internal market and eliminating the need for a full EU law text. Concise and focused, chapters explore the underlying socio-economic and historical contexts of EU law, and offer a thorough examination of the law's technical aspects, ensuring that students gain a rich understanding of the way that legal rules and structures have developed from key political and social debates. Key concepts are illustrated by excerpts, summaries and discussions of classic and modern cases. Numerous features include text boxes, illustrative cases, legal interpretations, tables, and suggestions for further reading, which support students with little background knowledge of the subject, leading them to total mastery of the material.

Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It looks at the origins of the field of law and economics, tracks the field's progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership among eleven key nations of the Pacific Rim has already expanded trade and economic cooperation among the Parties. It also serves to encourage political cooperation among them and has served as a model for future 'wide and deep' free trade agreements. The chapters of this book will provide readers with a detailed understanding of the CPTPP's coverage, including provisions relating to tariff elimination, customs rules of origin, agriculture, sanitary and phytosanitary measures, technical barriers to trade, telecommunications, intellectual property, investment and investor-state arbitration, financial and other services, government procurement, state-owned enterprises, electronic commerce and digital trade, small and medium-sized enterprises, competition law, labor and environmental protection, dispute settlement, and many others. No international lawyer, economist, trade negotiator, or enterprise can afford not to take advantage of the opportunities for business that the CPTPP offers. This book has been written by CPTPP negotiators, experts, and practitioners.