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

Innovation and IPRs in China and India - Myths, Realities and Opportunities (Hardcover, 1st ed. 2016): Kung-Chung Liu, Uday S.... Innovation and IPRs in China and India - Myths, Realities and Opportunities (Hardcover, 1st ed. 2016)
Kung-Chung Liu, Uday S. Racherla
R4,481 Discovery Miles 44 810 Ships in 12 - 17 working days

This book examines the two most populous nations on earth - India and China - in an effort to demystify the interaction between intellectual property rights (IPR) regimes, innovation and economic growth by critically looking at the economic and legal realities. In addition, it analyzes the question of how innovation can best be transformed into IPR, and how IPR can best be exploited to encourage innovation. Comparing and contrasting these two giant nations can be highly beneficial as China and India were the two fastest-growing economies in the last three decades, and together their populations make up one third of the world's total population; as such, exploring how to sustain their growth via innovation and commercialization of IPR could have a tremendous positive impact on global well-being. While a study of these two mega countries with such diverse dimensions and magnitudes can never be truly comprehensive, this joint effort by scholars from law, business management and economics disciplines that pursues an empirical approach makes a valuable contribution. Divided into three parts, the first offers an in-depth doctrinal and empirical analysis. The second part exclusively focuses on India, while the last is dedicated to China.

Intellectual Property Rights in a Fair World Trade System - Proposals for Reform of TRIPS (Hardcover): annette kur Intellectual Property Rights in a Fair World Trade System - Proposals for Reform of TRIPS (Hardcover)
annette kur
R5,432 Discovery Miles 54 320 Ships in 12 - 17 working days

This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.Intellectual Property (IP) law ? particularly in relation to international trade regimes ? is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today?s IP mechanisms are operating. The overall aim is to find an adequate response to the ?IP balance dilemma?. The theme is pursued throughout various topics, including a look at what this means in relation to the economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.

Sovereign Rules and the Politics of International Economic Law (Hardcover): Marc Froese Sovereign Rules and the Politics of International Economic Law (Hardcover)
Marc Froese
R3,902 Discovery Miles 39 020 Ships in 12 - 17 working days

How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law - introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.

The Political Economy of the Investment Treaty Regime (Paperback): Jonathan Bonnitcha, Lauge N. Skovgaard Poulsen, Michael... The Political Economy of the Investment Treaty Regime (Paperback)
Jonathan Bonnitcha, Lauge N. Skovgaard Poulsen, Michael Waibel
R1,333 Discovery Miles 13 330 Ships in 12 - 17 working days

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Blackstone's Guide to the Sanctions and Anti-Money Laundering Act 2018 (Paperback): Hugo Lodge Blackstone's Guide to the Sanctions and Anti-Money Laundering Act 2018 (Paperback)
Hugo Lodge
R1,775 Discovery Miles 17 750 Ships in 12 - 17 working days

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

International Trade Law (Hardcover, 6th edition): Indira Carr, Peter Stone International Trade Law (Hardcover, 6th edition)
Indira Carr, Peter Stone
R5,316 Discovery Miles 53 160 Ships in 12 - 17 working days

International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts E-Commerce issues, including electronic bills of lading Insurance and payment mechanisms, such as letters of credit and the UCP 600 International transportation of cargo, including the Rotterdam Rules Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and developments relating to deferred prosecution agreements In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.

The Global Economic Order - The International Law and Politics of the Financial and Monetary System (Hardcover): Elli Louka The Global Economic Order - The International Law and Politics of the Financial and Monetary System (Hardcover)
Elli Louka
R3,774 Discovery Miles 37 740 Ships in 12 - 17 working days

Exploring in depth the institutions that underpin the global economy, this study provides invaluable insights into why a minimum economic order has endured for so long and why states are unwilling to establish a maximum order, a global safety net for all. The author investigates how debt, a critical component of states' economic infrastructure, leads to debilitating crises, and how these crises undermine the economic autonomy and political independence of states. A must read for those who wish to understand how the world economic order operates and impacts the well-being of individuals and entire populations, this book is indispensable for professionals and students in the fields of law, political sciences and international relations and those who seek to understand why economic peace is, in many cases, beyond our reach.

The Internationalization of Government Procurement Regulation (Paperback): Aris Georgopoulos, Bernard Hoekman, Petros C.... The Internationalization of Government Procurement Regulation (Paperback)
Aris Georgopoulos, Bernard Hoekman, Petros C. Mavroidis
R1,963 Discovery Miles 19 630 Ships in 12 - 17 working days

As governments are major buyers of goods and services, foreign companies are keen to be able to participate in procurement opportunities on an equal footing with national firms. This has given rise to the inclusion of procurement disciplines in trade agreements and to internationally-agreed good regulatory practices in this important policy area. The contributions to this book examine how the dynamic mix of bilateral, regional, plurilateral and international norms on government procurement is reflected in purchasing practices at the national level and whether these are leading to convergence in policies and approaches. The countries studied span both advanced, high-income economies and emerging economies. Some are members of the WTO procurement agreement, others are not. Most WTO members have decided not to commit to binding international disciplines on procurement in trade agreements. This book explores whether there has been nonetheless internationalization of good procurement practices, and what current public purchasing processes suggest as regards the value added of signing on to binding rules of the game in this area. The approach taken in the volume is interdisciplinary. Contributors include economists, political scientists, legal scholars, and practitioners with a solid understanding of both the extant international disciplines and national government procurement policies. Each chapter assesses the current state of play as regards legislation and procurement practices; the degree to which industrial policy considerations feature in the relevant regulatory frameworks; the existence and use of domestic dispute resolution and review procedures that allow firms to contest the behavior of procuring entities; and the availability of data on procurement processes and outcomes.

Enforcement of Transnational Regulation - Ensuring Compliance in a Global World (Hardcover): Fabrizio Cafaggi Enforcement of Transnational Regulation - Ensuring Compliance in a Global World (Hardcover)
Fabrizio Cafaggi
R3,948 Discovery Miles 39 480 Ships in 12 - 17 working days

'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.' - Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands 'Globalization pushes the boundaries of markets. Alongside the greater ''goods'' of transnational economic activity come the ''bads'' of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority - the superstates of a brave new world - but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.' - Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. Verbruggen

The Protection of Intellectual Property in International Law (Hardcover): Henning Grosse Ruse-Khan The Protection of Intellectual Property in International Law (Hardcover)
Henning Grosse Ruse-Khan
R6,921 Discovery Miles 69 210 Ships in 12 - 17 working days

This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. These frameworks allow for different ways to conceptualise the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system. It analyses the relationship of the two main IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law: the intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements as well as European human rights treaties. Part four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.

International Economic Law, Globalization and Developing Countries (Hardcover): Julio Faundez, Celine Tan International Economic Law, Globalization and Developing Countries (Hardcover)
Julio Faundez, Celine Tan
R4,866 Discovery Miles 48 660 Ships in 12 - 17 working days

'In the galaxy of issues that developing countries are faced with in their international economic relations, this publication manages to focus on some critical areas of particular concern to developing countries. Moreover, the issues focussed on have a contemporary relevance touching as they do on financial reform, aid and IMF conditionality, international trade and investment, multinational corporations, competition, corruption, the environment and intellectual property issues. This is a comprehensive appraisal of development related problems in international economic relations written by practitioners and academics in the field.' - Asif Qureshi, University of Manchester, UK International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries. The onset of the current process of globalization has brought about momentous changes to the rules and processes of international law. This comprehensive book examines a number of these changes, including the radical expansion of international economic law, the increase in the power of international economic organizations, and the new informal approaches to law-making. The greater reliance on judicial and arbitral mechanisms, and the proliferation of international human rights instruments, many of which have a direct bearing on international economic relations, are also discussed. The contributors to this book are all prominent experts in the fields of international law and international political economy, drawn from both developing and developed countries. This insightful book will appeal to scholars and advanced students with an interest in international law, development studies, international political economy and international governance. It will also be an indispensable tool for practitioners - including members of leading international NGOs, international lawyers, political scientists and international development specialists. Contributors: Y. Akyuz, D. Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E. Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T. Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu III

The Politics of Investment Treaties in Latin America (Hardcover): Julia Calvert The Politics of Investment Treaties in Latin America (Hardcover)
Julia Calvert
R2,743 Discovery Miles 27 430 Ships in 12 - 17 working days

International investment law is at a crossroads. Civil society groups, prominent think tanks, and international organisations are calling for widespread reform. At the centre of controversy are international investment agreements (IIAs) and investor-state dispute settlement (ISDS). Over 1,000 legal claims have been brought by foreign investors under IIAs since the mid-1990s, resulting in multi-million dollar fines imposed against governments for policies related to the environment, natural resource governance, and access to basic services among other areas of public concern. Governments targeted by investor claims are pursuing a variety of reforms that range from the incremental to paradigm-shifting. These different responses raise important questions about the politics of infringement and reform: Why do governments infringe on IIAs despite the costs of doing so? Why do some governments heavily targeted by investor claims pursue more substantive reforms than others? This book provides a timely examination of infringement and reform in Latin America, where governments felt the sting of investor claims sooner and with greater frequency than in other regions. It focuses on Peru, Argentina, and Ecuador, countries that responded very differently to waves of investor claims. Based on interviews with government officials, and international lawyers as well as an extensive analysis of legal transcripts, detailed case study chapters examine the conditions that prompted investor claims and the factors that inform country's reform agendas. In doing so, the book illustrates the conditions under which IIAs constrain state behaviour and how different belief systems produce different responses to external pressures for treaty compliance.

Social Regulation in the WTO - Trade Policy and International Legal Development (Hardcover): Krista Nadakavukaren Schefer Social Regulation in the WTO - Trade Policy and International Legal Development (Hardcover)
Krista Nadakavukaren Schefer
R3,510 Discovery Miles 35 100 Ships in 12 - 17 working days

This original and authoritative book analyzes how the WTO?s restrictions on the use of trade measures for social goals affects the development of the law of the international community.The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important ?trade-&? cases handed down by the WTO?s Appellate Body, the book stimulates creative consideration of the extent to which the international trading system?s prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

GATT and Global Order in the Postwar Era (Hardcover): Francine McKenzie GATT and Global Order in the Postwar Era (Hardcover)
Francine McKenzie
R1,047 Discovery Miles 10 470 Ships in 12 - 17 working days

After the Second World War, the General Agreement on Tariffs and Trade (GATT) promoted trade liberalization to help make the world prosperous and peaceful. Francine McKenzie uses case studies of the Cold War, the creation of the EEC and other regional trade agreements, development, and agriculture, to show that trade is a primary goal of foreign policy, a dominant (and divisive) aspect of international relations, and a vital component of global order. She unpacks the many ways in which trade was politicised, and the layers of meaning associated with trade; trade policies, as well as disputes about trade, communicated ideas, hopes and fears that were linked to larger questions of identity, sovereignty, and status. This study reveals how the economic and political dimensions of foreign policy and international engagement intersected, showing that trade was not only instrumentalised in the service of particular policies or relations but that it was also an essential aspect of international relations.

Transparency in the WTO SPS and TBT Agreements - The Real Jewel in the Crown (Hardcover): Marianna B. Karttunen Transparency in the WTO SPS and TBT Agreements - The Real Jewel in the Crown (Hardcover)
Marianna B. Karttunen
R2,746 Discovery Miles 27 460 Ships in 12 - 17 working days

Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through non-judicial means.

The Constitutional Foundations of European Contract Law - A Comparative Analysis (Hardcover): Kathleen Gutman The Constitutional Foundations of European Contract Law - A Comparative Analysis (Hardcover)
Kathleen Gutman
R4,387 Discovery Miles 43 870 Ships in 12 - 17 working days

Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

The International Law of Property (Hardcover): John G Sprankling The International Law of Property (Hardcover)
John G Sprankling
R4,374 Discovery Miles 43 740 Ships in 12 - 17 working days

Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

The Foundations of International Investment Law - Bringing Theory into Practice (Hardcover): Zachary Douglas, Joost Pauwelyn,... The Foundations of International Investment Law - Bringing Theory into Practice (Hardcover)
Zachary Douglas, Joost Pauwelyn, Jorge E. Vinuales
R4,320 Discovery Miles 43 200 Ships in 12 - 17 working days

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

The Law of Energy Underground - Understanding New Developments in Subsurface Production, Transmission, and Storage (Hardcover):... The Law of Energy Underground - Understanding New Developments in Subsurface Production, Transmission, and Storage (Hardcover)
Donald N Zillman, Aileen McHarg, Adrian Bradbrook, Lila Barrera-Hernandez
R3,215 Discovery Miles 32 150 Ships in 12 - 17 working days

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

Legal Accountability in EU Markets for Financial Instruments - The Dual Role of Investment Firms (Hardcover): Carl Fredrik... Legal Accountability in EU Markets for Financial Instruments - The Dual Role of Investment Firms (Hardcover)
Carl Fredrik Bergstroem, Magnus Strand
R2,665 Discovery Miles 26 650 Ships in 12 - 17 working days

The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.

International Investment Law and Policy in Africa - Exploring a Human Rights Based Approach to Investment Regulation and... International Investment Law and Policy in Africa - Exploring a Human Rights Based Approach to Investment Regulation and Dispute Settlement (Paperback)
Fola Adeleke
R1,264 Discovery Miles 12 640 Ships in 12 - 17 working days

This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Secondary Rules of Primary Importance in International Law - Attribution, Causality, Evidence, and Standards of Review in the... Secondary Rules of Primary Importance in International Law - Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals (Hardcover)
Gabor Kajtar, Basak Cali, Marko Milanovic
R2,666 Discovery Miles 26 660 Ships in 12 - 17 working days

The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.

A Contemporary Concept of Monetary Sovereignty (Hardcover): Claus D. Zimmermann A Contemporary Concept of Monetary Sovereignty (Hardcover)
Claus D. Zimmermann
R3,627 Discovery Miles 36 270 Ships in 12 - 17 working days

Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As a consequence of globalization and increasing financial integration and a worldwide trend towards the creation of economic and monetary unions, the principle of monetary sovereignty has undergone significant change. This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community. The book examines the historic origins and evolution of the concept of monetary sovereignty, putting it into the context of broader concepts of sovereignty. It argues that monetary sovereignty remains relevant as a dynamic legal concept with both positive and normative components. It investigates the continuing hybridization of international monetary law resulting from changes to its formal and material sources. It then examines the complex phenomenon of exchange rate misalignment under international monetary and trade law, and the increasing regionalization of monetary sovereignty, notably in light of the European sovereign debt crisis. Finally, it assesses the role the concept of monetary sovereignty can play in the reorganization of international finance following the recent global financial crisis.

Research Handbook in International Economic Law (Hardcover): Andrew T. Guzman, Alan O. Sykes Research Handbook in International Economic Law (Hardcover)
Andrew T. Guzman, Alan O. Sykes
R6,371 Discovery Miles 63 710 Ships in 12 - 17 working days

This major work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective. The book includes extensive coverage of international trade issues, which are generally considered to be the core of international economic law, and focuses on such topics as barriers to trade, dispute settlement, trade and services, regionalism and remedies. It also goes significantly beyond these to look at related areas of the discipline; international investment, including discussion of regulatory issues and private rights of action; intellectual property issues relating to trade; commercial law; legal and economic aspects of international tax and international finance; the closely related areas of trade and international competition policy; international environmental law; and international telecommunications. Providing in many cases a unique interdisciplinary blend of analysis, the Handbook offers a cutting edge approach to international economic law, and an authoritative source of reference for scholars, graduate students and policymakers.

Documents in International Economic Law - Trade, Investment, and Finance (Paperback, New): Christian J. Tams, Christian Tietje Documents in International Economic Law - Trade, Investment, and Finance (Paperback, New)
Christian J. Tams, Christian Tietje
R2,536 Discovery Miles 25 360 Ships in 12 - 17 working days

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

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