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

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

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including 'fair and equitable treatment', 'full protection and security', and the non-discrimination standards.
The burgeoning case-law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyze the case-law and provide a framework for a common consensus to emerge on how the standards should be applied in 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 2 reports on Russian Federation - Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (WT/DS475).

The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.

This book explains various methods of payment in international trade and trade finance schemes for international trade. It also presents an overview of the concepts, purposes, features, and risks of international trade. A grasp of the features and risks of international trade facilitates a better understanding of the numerous methods of payment in international trade and the relevant trade finance schemes, which is essential to success in international trade transactions. In order to complete an international trade transaction, depending on the terms, both parties need access to funds. Compared with large companies, small and medium-sized enterprises (SMEs), frequently face difficulties in raising capital or funds, but financing an international trade transaction is often the key to its successful completion. As such, selecting an appropriate financing mechanism from the various options available is vital. This book offers a systematic overview of international trade and payment together with trade finance, providing instructive examples and illustrations of trade documents, each method of payment, and trade finance including export credit insurance or guarantee.

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applicatins of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

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 1 reports on Canada - Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (WT/DS482) and Russian Federation - Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (WT/DS475).

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

Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.

This book will take the reader through the past, the present, and into the future of the flagship institution of the international customs community: the World Customs Organization (WCO). The purpose is to present to the reader, in a comprehensive, orderly, and synthetic manner, the enormous contributions that this prestigious and recognized institution has been making to the secure growth of global international trade. In the development of the text, special consideration has been given to the relevant instruments in day-to-day customs work, which constitute the bases of the WCO (the Harmonized System Convention, the Revised Kyoto Convention, and the SAFE Framework of Standards, among many others), as well as those issues that are currently of specific interest to the global customs community (cross-border e-commerce, trade facilitation, and authorized economic operator, to mention but a few), trying to reconcile the various practical aspects of customs operations with their theoretical underpinnings. In the final part, the book turns to the future of customs, analyzing the most pressing challenges presented by technological advances, including the Internet of Things, artificial intelligence, 3D printing, and blockchain. In short, this book will be of great interest to all foreign trade operators, mainly to customs officials, customs brokers, carriers and international forwarding agents, managers of importing and exporting companies, as well as all those (professionals and students) who wish to deepen their knowledge of the exciting world of customs and international trade.

In Understanding and Negotiating EPC Contracts, Volume 1, Howard M. Steinberg presents a practical and comprehensive guide to understanding virtually every aspect of engineering, procurement and construction (EPC) contracts for infrastructure projects. The 25 chapters in Volume 1 are supplemented with real-life examples and court decisions, and offer tactical advice for anyone who must negotiate or understand EPC contracts in connection with the implementation, financing or operation of infrastructure projects. Emphasizing current market practices and strategic options for risk sharing, the book contains a narrative explanation of the underpinning of all of the issues involved in EPC contracting. Exhaustive in scope, it clarifies the fundamental commercial principles and pitfalls of "turnkey" contracting for all types of capital investments ranging from electrical and thermal power generation (including combined heat and power, nuclear, wind, solar, natural gas and coal) to refining, to chemical processing to LNG liquefaction and re-gasification to high speed rail, bridging, tunneling and road building. Providing clear and thorough analyses of the issues and challenges, this volume will be of great value to all those involved in complex construction projects.

Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.

Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.

The importance of the issues raised by the WTO Agreement cannot be over-estimated. The completion of the Uruguay Round of negotiations has resulted in the creation of international agreements which themselves raise issues of great difficulty and importance in legal terms--issues of practical importance for international trade in goods and services and for the entire field of Intellectual Property Rights. This book examines the implementation of the GATT agreement, and its national and international legal and constitutional ramifications.

Every day, new warnings emerge about artificial intelligence rebelling against us. All the while, a more immediate dilemma flies under the radar. Have forces been unleashed that are thrusting humanity down an ill-advised path, one that's increasingly making us behave like simple machines? In this wide-reaching, interdisciplinary book, Brett Frischmann and Evan Selinger examine what's happening to our lives as society embraces big data, predictive analytics, and smart environments. They explain how the goal of designing programmable worlds goes hand in hand with engineering predictable and programmable people. Detailing new frameworks, provocative case studies, and mind-blowing thought experiments, Frischmann and Selinger reveal hidden connections between fitness trackers, electronic contracts, social media platforms, robotic companions, fake news, autonomous cars, and more. This powerful analysis should be read by anyone interested in understanding exactly how technology threatens the future of our society, and what we can do now to build something better.

Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.

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 8 reports on Indonesia - Measures Concerning the Importation of Chicken Meat and Chicken Products (WT/DS484), United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381/ARB) and United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea (WT/DS464/RPT).

The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states. The book provides a consolidated summary of the range of ISDS reform proposals that have been put forward internationally, alongside a systematic overview of the ISDS provisions of over 300 international investment agreements concluded by ASEAN and its member states. Combining this information, the authors critically analyse the content, structure and modalities of reform proposals from an ASEAN standpoint, including their ability to address reform concerns particular to ASEAN member states. Chapters explore a wide range of topics, covering the rationale, modalities and concerns involved in ISDS reform. The book will be of interest to academics and graduate students in the fields of international investment law and ASEAN law and policy. It will also be of relevance to policy-makers in ASEAN, and more broadly, to practitioners and arbitrators who are interested in ISDS reform.

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

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

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

Das Buch nimmt eine voelkerrechtliche Analyse des Spannungsverhaltnisses zwischen Kultur und Handel vor. Staatliche Massnahmen zum Schutz und zur Foerderung der Vielfalt von Kulturprodukten, die deren grenzuberschreitenden Austausch beeinflussen, fallen in den Anwendungsbereich zweier voelkerrechtlicher Vertrage: Zum einen beziehen sie sich auf kulturelle Ausdrucksformen, weshalb der Anwendungsbereich der CCD eroeffnet ist. Zum anderen betreffen sie den Handel mit Waren, Dienstleistungen sowie Daten und fallen daher in den Anwendungsbereich des Welthandelsrechts. Dies kann zu UEberschneidungen und Konflikten zwischen den CCD und den WTO-Abkommen sowie zwischen verschiedenen Vorschriften dieser Vertrage fuhren.Das Buch arbeitet diese UEberschneidungen und Konfliktpotenziale heraus und widmet sich moeglichen Loesungsmodellen. Der Bereich der audiovisuellen Medien findet dabei besondere Berucksichtigung, da sich das Konzept der kulturellen Vielfalt vornehmlich in Bezug auf audiovisuellen Medien entwickelt hat. Das Werk zeigt, dass zwar Konfliktpotenzial zwischen den CC-Vorschriften und den WTO-Vorschriften besteht und auch weiterhin bestehen bleibt, dessen Abschwachung aber moeglich ist, indem eine die Vielfalt kultureller Ausdrucksformen begunstigende Umgebung geschaffen wird, in der sich kulturelle Ausdrucksformen entfalten und entwickeln koennen, ohne dass dabei der freie Handel ubermassig beschrankt wurde.

Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements. This title is also available as Open Access on Cambridge Core.

This path-breaking book focuses on the WTO, e-commerce and information communications technologies. It sheds light on how international economic law can be used as a tool in the application of technological processes to facilitate development in developing countries. Rohan Kariyawasam begins by looking predominantly at the rise of international digital networks. He offers an introduction to the networks used in the delivery of electronic products and network-based transactions, and the application of WTO law to the sector. He then suggests how developing countries can use economic law and technology to tap digital markets in the developed world. The book also argues that the advance of basic living standards in some developing countries can be achieved through technological processes, but that this cannot happen without such states paying greater attention to the enforcement of economic, social and cultural rights at home. Picking up the property rights debate (including through bilateral trade), the author argues that ensuring beneficial technology transfer will require balancing foreign investor rights to protect intellectual property. It will also involve restrictions imposed by competition law and WTO surveillance to check the possible misuse of market power by multinational companies. The proposed mixture of measures should, he argues, provide incentives for Foreign Direct Investment. Providing a thorough review of the application of WTO law to the telecommunications sector and the regulation of international digital networks, this book will be of great interest to postgraduate students in international economic law and international development law, as well as those interested in human rights law and technology. It will also appeal to government regulators, NGOs and technologists interested in ICTs and development.

Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.