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

Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Paperback): Anselmo Reyes,... Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Paperback)
Anselmo Reyes, Weixia Gu
R1,629 Discovery Miles 16 290 Ships in 10 - 15 working days

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

The Role of Climate Change in Global Economic Governance (Hardcover): Bradly J Condon, Tapen Sinha The Role of Climate Change in Global Economic Governance (Hardcover)
Bradly J Condon, Tapen Sinha
R3,624 Discovery Miles 36 240 Ships in 12 - 17 working days

Climate change presents an unprecedented global challenge, and impacts upon a wide range of human economic activity. The issue of how to address climate change in developing countries has provoked international political controversy and the urgent need for effective international responses has become increasingly apparent. The Role of Climate Change in Global Economic Governance addresses the growing number of legal and economic issues that arise with respect to climate change, combining analysis from economic, financial, and legal perspectives. The book assesses how the World Trade Organization, international investment law, and the international intellectual property rights regime approach the economic issues raised by climate change. The authors analyse how climate change regulation interacts with international economic law, and consider how financial instruments and insurance can mitigate the risks posed by climate change and facilitate adaptation. It breaks new ground in considering the financial sector's response to climate change, looking at how market mechanisms and risk insurance can reduce its economic cost.

Trade in Goods (Paperback, 2nd Revised edition): Petros C. Mavroidis Trade in Goods (Paperback, 2nd Revised edition)
Petros C. Mavroidis
R2,559 Discovery Miles 25 590 Ships in 12 - 17 working days

This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.

Money Matters in Migration - Policy, Participation, and Citizenship (Hardcover): Tesseltje De Lange, Willem Maas, Annette... Money Matters in Migration - Policy, Participation, and Citizenship (Hardcover)
Tesseltje De Lange, Willem Maas, Annette Schrauwen
R3,129 Discovery Miles 31 290 Ships in 10 - 15 working days

Migration, participation, and citizenship, are central political and social concerns, are deeply affected by money. The role of money - tangible, intangible, conceptual, and as a policy tool - is understudied, overlooked, and analytically underdeveloped. For sending and receiving societies, migrants, their families, employers, NGOs, or private institutions, money defines the border, inclusion or exclusion, opportunity structures, and equality or the lack thereof. Through the analytical lens of money, the chapters in this book expose hidden and sometimes contradictory policy objectives, unwanted consequences, and inconsistent regulatory structures. The authors from a range of fields provide multiple perspectives on how money shapes decisions from all actors in migration trajectories, from micro to macro level. Taking an interdisciplinary approach, the book draws on case studies from Europe, the Americas, Asia, and Africa. This comprehensive overview brings to light the deep global impacts money has on migration and citizenship.

Decoding Chinese Bilateral Investment Treaties (Hardcover, New Ed): Shen Wei Decoding Chinese Bilateral Investment Treaties (Hardcover, New Ed)
Shen Wei
R3,177 Discovery Miles 31 770 Ships in 10 - 15 working days

This is a major work investigating China's bilateral investment treaties (BITs) regime through various approaches including textual analysis, case study, comparative study and empirical study. This book tries to unveil some of the puzzles in Chinese BITs. The general consensus is that the evolution of China's BIT regime has its underlying logic, which follows an investment liberalization trend and fits China's changing role from a key capital-importing state to a major capital-exporting state. A similar trend is evident in Chinese BIT-making and BIT policy. This book investigates these theoretical assumptions and looks into some of the loopholes in Chinese BITs.

Regionalism in International Investment Law (Hardcover): Leon Trakman, Nicola Ranieri Regionalism in International Investment Law (Hardcover)
Leon Trakman, Nicola Ranieri
R4,572 Discovery Miles 45 720 Ships in 12 - 17 working days

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China.
The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues.
Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.

Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Hardcover): Anselmo Reyes,... Multi-Tier Approaches to the Resolution of International Disputes - A Global and Comparative Study (Hardcover)
Anselmo Reyes, Weixia Gu
R5,178 Discovery Miles 51 780 Ships in 10 - 15 working days

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

New Asian Regionalism in International Economic Law (Hardcover, New Ed): Pasha L. Hsieh New Asian Regionalism in International Economic Law (Hardcover, New Ed)
Pasha L. Hsieh
R2,762 Discovery Miles 27 620 Ships in 10 - 15 working days

This book provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law. It argues that new Asian regionalism has emerged amid the Third Regionalism and contributed to the New Regional Economic Order, which reinvigorates the role of developing countries in shaping international trade norms. To substantiate the claims, the book introduces theoretical debates and evaluates major regional economic initiatives and institutions, including the ASEAN+6 framework, APEC, the CPTPP and the RCEP. It also sheds light on legal issues involving the US-China trade war and the COVID-19 pandemic, as well as trade policies of Asian powers, the European Union and the United States. Hence, the legal analysis and case studies offer a fresh perspective of Asian integration and bridge the gap between academia and practice.

Applicable Law in Investor-State Arbitration - The Interplay Between National and International Law (Hardcover): Hege Elisabeth... Applicable Law in Investor-State Arbitration - The Interplay Between National and International Law (Hardcover)
Hege Elisabeth Kjos
R4,070 Discovery Miles 40 700 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. This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor-state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.

The BRIC States and Outward Foreign Direct Investment (Hardcover, New): David Collins The BRIC States and Outward Foreign Direct Investment (Hardcover, New)
David Collins
R3,987 Discovery Miles 39 870 Ships in 12 - 17 working days

This book examines the relatively recent and under-explored phenomenon of outward foreign direct investment (FDI) from the large emerging market countries, focusing on the four BRIC states (Brazil, Russia, India, and China) and on the services sector meaning primarily telecommunications, finance, and transport. It considers the international legal framework governing FDI, discussing the nature and extent of the bilateral and regional investment treaty commitments undertaken by each of the BRIC states, including their commitments under the WTO General Agreement on Trade in Services, as well as their obligations as members of the International Monetary Fund and the World Bank. Drawing on trends observed in the regulatory approach of these countries to FDI in services, including the observed flow of FDI both to and now from the developing world, the book proposes a multilateral investment treaty aimed at the liberalization and protection of FDI in services. The treaty will capture the emerging equilibrium in global FDI patterns signifying a unified approach to the regulation of foreign investment in the growing services economy by developing and developed economies alike. The treaty will strengthen the legitimacy of investor-state dispute settlement and recognize public interest norms such as environmental protection and human rights as well as allow signatories to retain sovereignty over matters relating to national security and economic stability.

The UNCITRAL Arbitration Rules - A Commentary (Hardcover, 2nd Revised edition): David D Caron, Lee M. Caplan The UNCITRAL Arbitration Rules - A Commentary (Hardcover, 2nd Revised edition)
David D Caron, Lee M. Caplan
R12,349 Discovery Miles 123 490 Ships in 12 - 17 working days

Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained.
Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.

The Three Laws of International Investment - National, Contractual, and International Frameworks for Foreign Capital... The Three Laws of International Investment - National, Contractual, and International Frameworks for Foreign Capital (Hardcover)
Jeswald W. Salacuse
R3,310 R3,141 Discovery Miles 31 410 Save R169 (5%) Ships in 12 - 17 working days

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials. Three different legal frameworks are applicable to foreign investment: the laws of the host state and the investor's home country, the contract between the host state and the investor, and the rules and principles of international investment law. These three bodies of law interact with each other and must be analysed together when interpreting an investment agreement or arbitrating a dispute. This book examines the content of each of these three legal frameworks and explores how they influence the flow of foreign investment. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III explores the nature of the contractual framework for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of bilateral investment treaties and on general principles. Finally, Part V considers how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials working in the field.

The International Minimum Standard and Fair and Equitable Treatment (Hardcover): Martins Paparinskis The International Minimum Standard and Fair and Equitable Treatment (Hardcover)
Martins Paparinskis
R2,925 Discovery Miles 29 250 Ships in 12 - 17 working days

Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law.
This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard.
The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

The Regulation of International Trade - 4th Edition (Hardcover, 4th edition): Robert Howse, Antonia Eliason The Regulation of International Trade - 4th Edition (Hardcover, 4th edition)
Robert Howse, Antonia Eliason
R6,072 Discovery Miles 60 720 Ships in 12 - 17 working days

Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock and Howse 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 examinations of topics such as:

* agriculture
* services and trade-related intellectual property rights
* labor 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 2007-2010 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.

The Design of Competition Law Institutions - Global Norms, Local Choices (Hardcover): Eleanor M Fox, Michael J. Trebilcock The Design of Competition Law Institutions - Global Norms, Local Choices (Hardcover)
Eleanor M Fox, Michael J. Trebilcock
R2,947 Discovery Miles 29 470 Ships in 12 - 17 working days

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.

EU Energy Law (Hardcover, New): Angus Johnston, Guy Block EU Energy Law (Hardcover, New)
Angus Johnston, Guy Block
R10,270 Discovery Miles 102 700 Ships in 12 - 17 working days

This work is the only current, single volume coverage of the the latest EU energy legislation and its application on the context of the rules of the EU Treaties. Providing a comprehensive account of EU energy law following the adoption of the third energy package in 2009 this book focuses on internal market issues and the applicable rules and developments in energy law. It covers key issues such as environmental and contractual matters, and the roles and responsibilities of regulatory authorities, including the new Agency for the Cooperation of Energy Regulators (ACER). As well as the Third Package Directives in the Electricity and Gas Internal market, the work covers a wealth of other recent legislative material, including the accompanying Regulations on cross-border trade in gas and electricity, the ACER Regulation, the Regulation on Energy Market Integrity and Transparency, the Second Renewables Directive, the Gas Security of Supply Regulation, the Carbon Capture and Storage Directive, as well as proposals for the new Energy Efficiency Directive. Relevant case law from the free movement and competition fields is integrated into the substantive analysis of particular topics including detailed analysis of PreussenElektra, cases on security of supply, and various competition law decisions and cases concerning, for example, essential facilities and long-term contracts (involving capacity reservation and destination clauses etc). In addition to discussing energy contracts generally, the work also analyses regulatory problems relating to energy contracts which are not covered by other books in the field. Pre-existing long-term contracts raise problems relating to investment law (under the Energy Charter Treaty, bilateral investment treaties, etc) and fundamental rights law (property rights protection). New long-term contracts raise both regulatory and competition law questions which are also discussed. Coverage also includes the evolution of the EU's energy legislation; the liberalization of energy markets after the third package; security of supply; energy sources; and energy efficiency. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here in a revised and expanded form for the benefit of those who do not subscribe to the looseleaf.

International Law in Financial Regulation and Monetary Affairs (Hardcover): Thomas Cottier, John H. Jackson, Rosa M. Lastra International Law in Financial Regulation and Monetary Affairs (Hardcover)
Thomas Cottier, John H. Jackson, Rosa M. Lastra
R4,012 Discovery Miles 40 120 Ships in 12 - 17 working days

The early twenty-first century has seen a conspicuous absence of formal international law concerning money and finance. This book argues that this lack of formal international regulation was a significant contributing factor to the global financial crisis that began in 2007. It focuses on this lack of global substantive principles and 'hard law' rules in the field of financial regulation and monetary affairs, and analyses the emerging framework within international law that aims to govern financial institutions and markets. The global financial crisis has demonstrated the essential need for financial and monetary regulatory reform, and for the establishment of appropriate mechanisms for the settlement of financial disputes and for the regulation of cross-border financial institutions. This book therefore presents the foundations of solutions that could fill these critical gaps in international financial law. It addresses cross-border issues, financial regulation, and provides detailed analyses of monetary policies and regulation. This book is an updated collection of papers first published in the Special Edition of the Journal of International Economic Law on 'The Quest for International Law in Financial Regulation and Monetary Affairs' (Volume 12, Number 3, September 2010), which also show that the regulatory hands-off approach was not replicated in other areas of international economic law. International trade regulation witnessed an increased number of international rules and the reinforcement of a rule-oriented, if not rule-based, approach. Judicial dispute settlement and retaliation, exclusively based upon international ruling and authorization, was reinforced. Given the importance of trade regulation and WTO law, which has an established institutional and legal framework, the book therefore provides a much-needed comparative approach.

Arbitration of International Business Disputes - Studies in Law and Practice (Hardcover, 2nd Revised edition): William W Park Arbitration of International Business Disputes - Studies in Law and Practice (Hardcover, 2nd Revised edition)
William W Park
R13,261 Discovery Miles 132 610 Ships in 12 - 17 working days

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes.
The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion.
The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms.
Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Mistake and Non-Disclosure of Fact - Models for English Contract Law (Hardcover): Hugh Beale Qc Fba Mistake and Non-Disclosure of Fact - Models for English Contract Law (Hardcover)
Hugh Beale Qc Fba
R2,257 Discovery Miles 22 570 Ships in 12 - 17 working days

In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.

Energy in International Trade Law - Concepts, Regulation and Changing Markets (Hardcover): Anna-Alexandra Marhold Energy in International Trade Law - Concepts, Regulation and Changing Markets (Hardcover)
Anna-Alexandra Marhold
R2,778 Discovery Miles 27 780 Ships in 10 - 15 working days

Against the backdrop of energy markets that have radically changed in recent decades, this book offers an in-depth study of energy regulation in international trade law. The author seeks to clarify what we define as 'energy' in the context of the applicable international trade rules, and gives the reader a thorough analysis of the concepts, history and law of the various legal frameworks underpinning international energy trade. In addition, several case studies address the ongoing quest for energy security and show how the existing rules relate to some of the vast challenges that energy markets face today, notably the decentralisation and decarbonisation of energy markets.

Cambridge Compendium of International Commercial and Investment Arbitration 3 Volume Hardback Set (Hardcover): Stefan Kroell,... Cambridge Compendium of International Commercial and Investment Arbitration 3 Volume Hardback Set (Hardcover)
Stefan Kroell, Andrea Bjorklund, Franco Ferrari
R8,930 R8,195 Discovery Miles 81 950 Save R735 (8%) Ships in 12 - 17 working days

The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

Trademark Protection and Territoriality Challenges in a Global Economy (Hardcover): Irene Calboli, Edward Lee Trademark Protection and Territoriality Challenges in a Global Economy (Hardcover)
Irene Calboli, Edward Lee
R3,798 Discovery Miles 37 980 Ships in 12 - 17 working days

There is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.' - Daniel J. Gervais, Vanderbilt University Law School, US 'Trademark law is territorial but trademarks, like trade, are increasingly global. Trademark owners often operate in worldwide markets where they are confronted with varying territorial legal rules about registration and even use of their trademarks. This apparent dichotomy between trade without borders and trademark laws with borders creates many challenging legal and practical issues which this volume tackles. This outstanding collection offers both specialists and novices insights into this complex topic. The editors are to be commended for their foresight in bringing this collection together.' - Susy Frankel Victoria, University of Wellington, New Zealand 'The growing globalization of trade increases the challenges faced by trademark owners in the territories where they operate or plan to expand. Trademark owners thus have to find ways to solve the tension between global markets and territorial regimes of protection, which is precisely what this book explores from different angles and what makes it an essential work in today's borderless and brand-based economy. The result is a remarkable collection of original and thought-provoking chapters, which masterfully discuss the challenges and opportunities that the global economy presents, and will continue to present, for the territorial acquisition and enforcement of trademark rights.' - Jacques de Werra, University of Geneva, Switzerland As the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field. The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names. A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context. Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource. Contributors include: G.W. Austin, I. Calboli, L. Chan Grinvald, M. Chon, D.C.K. Chow, G.B. Dinwoodie, C.H. Farley, L.C. Grinvald, M. LaFrance, M.A. Leaffer, E. Lee, J. Lipton, L.A.W. Lockridge, D.E. Long, P.-E. Moyse, M. Wong, P.K. Yu, D. Zografos Johnsson

EU Law after Lisbon (Hardcover): Andrea Biondi, Piet Eeckhout EU Law after Lisbon (Hardcover)
Andrea Biondi, Piet Eeckhout; Edited by (associates) Stefanie Ripley
R4,231 Discovery Miles 42 310 Ships in 12 - 17 working days

Many of the most controversial areas of reform initiated by the Lisbon Treaty were not negotiated in the Treaty itself, but left to be resolved during its implementation. Since the Treaty's entry into force, the implementation process has already had a profound impact on many areas of EU law and policy, and consolidated new areas of power, such as over foreign investment. This collection gathers leading specialists in the field to analyse the Treaty's implementation and the directions of legal reform post-Lisbon. Drawing on a range of expertise to assess and comment on the Treaty, the contributors include both academics and practitioners involved in negotiating and implementing the Treaty. Focusing on the central issues and changes resulting from the Lisbon Treaty, the contributors examine the Treaty in the broader background of how the EU, and EU law in particular, has been developing in recent years and provide a contextual understanding of the future direction of EU law in the post-Lisbon era.

Digital Services in International Trade Law (Hardcover): Ines Willemyns Digital Services in International Trade Law (Hardcover)
Ines Willemyns
R3,152 Discovery Miles 31 520 Ships in 10 - 15 working days

Digitisation has significantly impacted international trade. This book explains the impact of digitisation on trade in services, the ensuing concept of 'digital services' and the different types of trade barriers these services face. This book establishes that the legal framework that applies to trade in services also applies to digital services. It elaborates on the scope of the General Agreement on Trade in Services (GATS) and how to classify digital services. The relevant GATS obligations are subsequently applied to several case studies that illustrate the barriers to digital services trade. These case studies demonstrate the impact of the applicability of GATS to digital services on countries' international obligations. Finally, the book maps the electronic commerce-related provisions in in regional trade agreements (RTAs). Six extensive e-commerce RTAs are compared in depth and it is considered whether they add substantially to the existing multilateral obligations applicable to digital services trade.

The Shifting Landscape of Global Trade Governance - World Trade Forum (Paperback): Manfred Elsig, Michael Hahn, Gabriele Spilker The Shifting Landscape of Global Trade Governance - World Trade Forum (Paperback)
Manfred Elsig, Michael Hahn, Gabriele Spilker
R1,180 Discovery Miles 11 800 Ships in 10 - 15 working days

Today's trade regime and its rules are under pressure. Increasing societal discontent with globalization and the rise of protectionist measures threaten the trade regime's legitimacy and effectiveness. The authors explore systemic challenges to the trade regime, inter alia, related to development, migration, inequality, the digital economy and climate change. The Shifting Landscape of Global Trade Governance allows the readers, in times of change, to put current developments into context and offers an understanding of the different dynamics defining today's regulation of the global economy. Chapters authored by leading researchers from different disciplines - law, political science and economics - address the challenges of the global economic system and share novel outlooks, both theory- and data-based, for the future.

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