The interpretation and application of the rules of international and regional trade is becoming an increasingly specialized field. This study provides an in-depth analysis of the core legal concepts characterizing the two most prominent and successful efforts in the regulation of international trade to date. Adopting a comparative method, it analyzes the basic legal instruments employed by the EU and the WTO for the purpose of liberalizing trade in goods among their respective Members. To this end, this study offers a fresh look at the principles underlying the basic rules of international trade law, including the prohibition of border measures, the principle of non-discrimination on grounds of nationality, and the principle of reasonableness.

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

The great novelty of Netherlands Insolvency Law is that it is the first book in the English language covering the Netherlands insolvency law as a whole. It is a practical book for use by internal and external legal counsel, Dutch and non Dutch companies, students, academics and practitioners alike, presenting not only the principal concepts but also the current state of affairs of the Netherlands in solvency law. The reader is offered not only the black letter law, but also impar tial discussions presenting differing views on particular aspects of the insolvency law. Furthermore, Netherlands Insolvency Law briefly addresses recent develop ments such as the EU Insolvency Regulation and the progress made on the ongo ing total revision of the Netherlands Bankruptcy Act in the "Marktwerking, Deregulering en Wetgevingskwaliteit (MDW)"-project. Declercq has successfully managed to strike such a balance that, on the one hand, the book offers the reader more than an average introduction, while on the other hand, it is not weighed down in a quagmire of technical detail. Declercq's experi ence and international exposure as an insolvency lawyer in one of the most repu table law fmns in the Netherlands has probably contributed in this respect. Netherlands Insolvency Law promises to become a standard textbook to a wide ranging audience. ANTONIUS I. M. vAN MIERLO ProfessorofLaw Erasmus University Rotterdam January 2002 VII TABLE OF CONTENTS Preface V Abbreviations XIII Introduction XVII CHAPTER 1 - THE NETHERLANDS BANKRUPTCY ACT 1."

The UNCITRAL Model Law on International Commercial Arbitration has been a great success in harmonizing the law of arbitration around the world. Several dozen countries have either adopted the law or amended their own laws to be in conformity with it. The fact that the law is the same in so many countries allows courts from each country to benefit from the interpretation of the Model Law provisions in many countries. This book, written by distinguished arbitration practitioners, compiles decisions applying the Model Law from most Model Law jurisdictions, and organizes them in order to provide easy reference. The cases are organized by section of the Model law, with the cases applying that section from multiple jurisdictions summarized together. Each summary includes a statement of the holding of the case, a broader summary of the facts and the ruling, and case citations. This compilation will allow arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions. Decisions are compiled applying the Model Law from various Model Law jurisdictions and cases are organized by section of the Model Law, with the cases applying to that section from multiple jurisdictions summarized together.

This work covers the new Netherlands Antillean legislation on money laundering and makes suggestions for improvement. It provides an overview of money that has been obtained from criminal activities and either is used for illegal purposes and/or is used for the infiltration of the legal underworld by making (seemingly legal) investments (also called dirty money). This work also covers the International Agreements, and the legal situation in the USA, and includes some remarks on bank secrecy and other secrecy obligations. This book will serve as a reference manual for staff of financial institutions, government personnel, accountants and legal practitioners, who in their work may be confronted with aspects of money-laundering.

The ICSID Reports provide the only comprehensive collection of the arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties. These decisions make an important contribution to the growing body of jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration. Volume 9 of the ICSID Reports includes the hitherto unpublished annulment decision in the Amco Asia case, the TV Nova/Czech Republic saga, and the first Canadian appellate court decision on NAFTA Chapter 11 arbitration and the standard of review.

Although cross-border industrial sub-contracting is the main tool of industrial organisation in the global economy, practitioners in this important field are significantly hampered by a lack of uniform rules. This book offers a first step in discerning and formulating a framework for such rules, based on the experience of counsel for both contractors and sub-contractors in over twenty countries worldwide. It consists of the final papers, subsequently revised by the presenters, delivered at a conference held in Florence, in February 2000, under the auspices of the Union Internationale des Avocats (UIA) and the Association Internationale des Jeunes Avocats (AIJA). Other essays present the basic legal issues from a comparative perspective and clarify the fundamental distinctions in the points of view of the contractor and the sub-contractor. Individual contributions from practitioners in twenty countries (encompassing EU countries, the United States, Central and Eastern Europe, and the Asia-Pacific region) detail applicable domestic laws so that the user can determine points of difference, common aspects, and potential pitfalls in most of the world's major industrial sub-contracting jurisdictions. "Handbook on Cross-Border Industrial Sub-Contracting will be of great value of lawyers and business people everywhere engaged in this all-important area of today's legal practice.

This book expands on law-related research by comprehensively examining the legal aspects of sustainability with a focus on the impact on business strategies, investigating the impact of law and regulation on business sustainability strategies through a variety of legal lenses. It assumes that firms must adopt an integrated approach to law and sustainability, considers multiple disciplines and goals and joins scholarship from fields such as environmental law, energy, government regulation and intellectual property.

Firms increasingly have an interest in transitioning to sustainable business practices that take into consideration the fact that global resources are finite and will be increasingly scarce. They acknowledge that current actions have social, economic and environmental consequences and employ options to ensure that future generations have the same options and benefits.Examples of sustainable practices increasingly employed by firms include the institutionalization of whole life-cycle analysis in marketing and product design, utilization of sustainable inputs and energy sources, tracking and reporting sustainability performance, attempting the valuation of future generation prosperity and happiness as a discounting mechanism and integrating sustainability into firm culture and management goals.

It is clear that law and regulation have an extremely important role to play in the transition to more sustainable business practices. Broadly stated, law can provide structure for firms responding to forces that pull transition by enabling sustainability leadership and competitive advantage through funding models, intellectual property rights and collaboration means.Additionally, law can work to push transition by compelling firms to act through regulatory structures, accounting and governance mechanisms.Finally, coherent legal approaches are necessary to harmonize transition across countries by aligning and adapting goals to promote an equitable global marketplace that promotes development.

Representing a variety of areas and perspectives, the authors go beyond the existing legal literature to explore the impact of sustainability law on business practice and its implications for policy and future research."

Since the ratification of the Hague Trust Convention by the Netherlands and Italy, the question of whether civil law countries ought to have a trust or a legal institution resembling it has gained importance. The Business and Law Research Centre at the University of Nijmegen founded an international working group of experts in the field of trust law in 1996. This group developed eight principles of European trust law designed to facilitate transactions within European jurisdictions, to enable countries to recognise the potential for the development of new domestic legal concepts and to provide guidance as to how these developments can be framed in different legal and socio-economic contexts. This book provides a detailed analysis of these principles both from a common law and a civil law point of view. In particular, the national reports give an overview of the current law relating to trusts and fiduciary relationships and, in the case of civil law jurisdictions, whether the trust concept can be incorporated in the domestic legal systems on the basis of the eight principles.

This book proposes a different approach to theorising and analysing antitrust issues, working on the premise that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit the attention paid to or exclude issues that could otherwise be considered. This reasoning is motivated by the pursuit of inclusiveness and broadness in the antitrust context. The work contends that traditional top-down antitrust theories are weak because they are incomplete and insufficient in their description and analysis of antitrust issues. Thus, it identifies the need to construct a bottom-up approach. Invariably, such an approach would have to avoid ex ante judgments about the suitability of the normative contents of antitrust laws and theories, lest it fall into the same trap that plagues traditional theories. As a possible solution, the author proposes a procedural account referred to as the person-centred approach (built on theories such as Sen's Capability) and carefully reviews its practicality.

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

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

This book provides new insights into the economic impacts, strategic objectives and legal structures of an emerging branch of government incentives conditioned on meeting intellectual property-related requirements. Despite becoming more common in recent years, such incentives - ranging from patent fee subsidies and patent box tax deductions to inventor remuneration schemes - are still under-researched. A diverse range of analytical methods, including econometric analyses, case studies and comparative legal analysis, are used to study these incentives in countries in Europe and China. Scholars, policymakers and practitioners can benefit from the conceptual and practical insights as well as policy recommendations provided.

This book focuses on the influence of food safety and quality requirements on international trade in food. Drawing on the case of Benin and other fishery products exporting countries in West and East Africa, the book explores the consequences of EU requirements on market access and food safety regulation in exporting developing countries. Moreover, it examines the processes through which UEMOA Member States intend to overcome their food safety challenges thanks to regional cooperation. In this regard, the book dwells on the conditions and mechanisms of regulatory convergence within the UEMOA.In addition to exploring the differences in approaches to food safety regulation (proactive or reactive approaches) between the EU and most West African developing countries, the book further analyses the case of Benin shrimp exports to the EU in the light of the rules of the World Trade Organization (WTO). Essentially, the book assesses whether WTO rules provide sufficient leverage to enable weaker countries to press for reforms in other WTO Members' food safety laws so as to avoid protectionism and unnecessary obstacles to trade.

One of the most pressing issues confronting the multilateral trade system is the challenge posed by the rapid proliferation of preferential trade agreements. Plenty has been written about why governments might choose to negotiate preferentially or multilaterally, but until now it has been written almost exclusively from the perspective of governments. We know very little about how non-state actors view this issue of 'forum choice', nor how they position themselves to influence choices by governments about whether to emphasize PTAs or the WTO. This book addresses that issue squarely through case studies of trade policy-making and forum choice in eight developing countries: Chile, Colombia, Mexico, South Africa, Kenya, Jordan, Indonesia and Thailand. The case studies are based on original research by the authors, including interviews with state and non-state actors involved in the trade policy-making process in the eight countries of this study.

The book offers a horizontal legal analysis on the problematic of risk sharing, which arises inevitably in an economic and political integration process, such as in the European Union, and even more so in the euro area. The question is how the burden of adverse economic developments is spread across the integration area, in this case the euro area, whether risk is distributed evenly and what risk sharing mechanisms apply. The book looks at the legal basis and the concrete stage of development of such mechanisms in European law, as well as at divergences among national legal orders and practices as a source for risk asymmetries. Individual contributions refer in particular to the areas of banking, capital markets and unemployment insurance. The point of view adopted in the book is important for everyone who wants to develop a robust understanding of the practical functioning of the complex integration process regulated by EU law.

This book is the first legal treatment of tied aid and examines in detail the compatibility of tied aid with EU and WTO law. The workings of the aid projects and aid procurement systems of donor countries granting bilateral aid are fully examined through case studies from the UK, Italy, the EU and the US. Tied aid refers to aid granted to developing countries on condition that goods and services for the aid-financed projects are purchased from the donor country only. The recipient country, in order to receive the grant or the loan, has no other choice but to fulfil the condition imposed by the donor. Economists have shown that tying aid undermines the effectiveness of aid. It leads to higher costs paid for the goods and services purchased and the distortion of the nature of the aid. Further, tying frustrates the potential of aid to foster trade between developing countries - in many of these countries public bodies and, in particular, aid-financed projects are major potential outlets for trade between neighbouring states. The importance of tied aid has been pointed out in economic literature but there is surprisingly little written on the legal aspects of tied aid practices and this book seeks to fill this major gap in the literature. The book is of interest to academics in the field of EU and WTO law, NGOs and practitioners working both in the field of public procurement and development policies.

What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies. The Panel reports and the Appellate Body decisions make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively; that is, they apply good faith to fill lacunae in any of the WTO covered agreements. Also, adjudicators use the principle differently, depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement. As it applies to the former, good faith is used to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception to trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism. The book also introduces the novel field of WTO procedural law governing trade dispute litigation. In the Dispute Settlement Understanding (DSU), good faith appears in the standard of review, rules of evidence and fact-finding, standing, duty of prior consultation, right of establishment of a panel, ex officio investigations, withdrawal of notices of appeal, and the raising of objections. In all these areas it ensures that the rules of dispute resolution are not abused. The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly, promptly and effectively. Insights into good faith in WTO law are not only important for trade law professionals. Current applications and future operations of the principle are likely to be of strategic value for answering the increasingly pressing question of how WTO law and other international agreements ought to be reconciled.

This new book from MOCOMILA, the Monetary Law Committee of the ILA, is a unique collaboration of the top academic and practitioner monetary and financial lawyers from around the world. It examines current legal issues of international monetary and financial law in the light of the current global financial crisis and consequent reforms of international and domestic financial architecture. The book deals with post-crisis financial regulation and supervision, including that of rating agencies and sovereign wealth funds, and financial crisis resolution with an analysis of bank rescue operations.
Covering matters of current interest such as central banks, international payments, money laundering, and sovereign debt, this book is for banking and financial practitioners, in-house lawyers, central banks and international financial institutions as well as academics in the field of international and financial law.

This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.

This book examines the labour standards provisions in a number of Regional and Bilateral Trade Agreements, and assesses the potential of using the relevant clauses in these trade agreements as a benchmark for a multilateral approach. Based on the lessons learned from the Regional model, the book proposes a Global Labour and Trade Framework Agreement (GLTFA) combined with a joint ILO/WTO enforcement mechanism to resolve the contentious issue of the link between the CLS and international trade. The history of the linkage between the Core Labour Standards (CLS) and international trade dates back roughly 150 years, and has recently become one of the most vexing issues facing policy-makers. At the heart of the debate is the question whether or not trade sanctions should be imposed on countries that do not respect the CLS as embodied in multilateral conventions administered by the International Labour Organization (ILO). Concretely, this would entail inserting a social clause in the World Trade Organization (WTO) rules, and would trigger the imposition of sanctions on those countries that do not adhere to the CLS.

This book examines the interplay between cooperation on technical barriers to trade (TBT) in free trade agreements and the multilateral framework of the World Trade Organization. In recent years, TBT, especially differences in standards, have attracted increased interest and have been addressed as part of the WTO+ negotiated agenda in trade agreements. Because of a number of political and legal constraints, the process of further cooperation at the WTO have been stalled, which made free trade agreements a central pillar in setting the agenda of international trade governance. This leads us to rethinking the interrelation between the WTO and free trade agreements and to questioning the role of both fora in the future of trade. The book examines some TBT provisions in free trade agreements and highlights their positive and problematic aspects when it comes to the WTO-consistency and the ideas of open and inclusive trade. It also suggests that a more optimal way forward would be to increase parallel work on TBT cooperation at the WTO, a more inclusive forum that could address issues of global significance, such as environmental protection and regulation of digital goods. The book explores the potential for trade agreements to advance the WTO agenda, but notes that the organization would need to adapt its institutional structure and governance in order to do so. Drawing on the example of the EU and US so-called “new generation� trade agreements, the book provides a detailed analysis of the various methods used to navigate TBT cooperation, and offers insight into how these agreements can serve as inspiration for future multilateral disciplines. This book is a valuable resource for trade law academics, policymakers, and anyone interested in the intersection of technical barriers to trade, regional trade agreements, and the WTO.

This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a "more economic approach". For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.

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