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

Engagement Between Trade and Investment - The Role of PTIAs (Hardcover, 1st ed. 2021): Niall Moran Engagement Between Trade and Investment - The Role of PTIAs (Hardcover, 1st ed. 2021)
Niall Moran
R3,137 Discovery Miles 31 370 Ships in 18 - 22 working days

This book explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether they are doing so over time. The book explores eight of the factors identified as evidencing inter-regime engagement. These chapters look at when engagement is appropriate and to what extent it is appropriate in relation to each of these areas. Based on the findings of this book's empirical and comparative law analysis of PTIAs, BITs, and the trade and investment law regimes, the book examines whether the conclusion of PTIAs compared to BITs has resulted in increased levels of engagement between the trade and investment law regimes. This book does not put forth the view that convergence between trade and investment is always appropriate, but provides recommendations as to how treaties may be formulated and interpreted in a manner that takes inter-regime engagement into account with a view to ensuring the harmonious simultaneous development of the two regimes. The question of the future direction for engagement between the trade regime and the investment regime is very topical in light of changes to the architecture of both regimes at present.

Public Services in EU Trade and Investment Agreements (Hardcover, 1st ed. 2020): Luigi F. Pedreschi Public Services in EU Trade and Investment Agreements (Hardcover, 1st ed. 2020)
Luigi F. Pedreschi
R2,687 Discovery Miles 26 870 Ships in 18 - 22 working days

This book examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. Going beyond the existing literature, it asks whether the treatment of public services in EU trade and investment agreements is coherent with the special status of public services in "internal" EU law, specifically internal market law, while also challenging the notion that trade and investment agreements automatically pose serious threats to public services. The book will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers. Luigi F. Pedreschi is affiliated to the European University Institute in Florence, Italy, and currently works as a Research Associate at the Robert Schuman Centre for Advanced Studies, also located in Florence.

E-Commerce: Law and Jurisdiction - The Comparative Law Yearbook of International Business (Hardcover): Dennis Campbell, Susan... E-Commerce: Law and Jurisdiction - The Comparative Law Yearbook of International Business (Hardcover)
Dennis Campbell, Susan Woodley
R6,133 Discovery Miles 61 330 Ships in 18 - 22 working days

The special issue of the "Comparative Law Yearbook of international Business deals with the very topical subject of e-commerce. This is an area that has seen an explosion of interest in recent years but, since the increase in the use of the Internet as a vehicle for conducting business transactions has been so rapid, the law has again fallen behind, particularly in the areas of regulation and jurisdiction. The situation is changing, however, with the introduction of both national and international legislation dealing with issues and relating to, "inter alia, data protection, privacy, electronic signatures, consumer protection and morality. The authors in this volume provide commetaries on the most recent developments in various jurisdictions, including the approach of the European Union to the problems raised by e-commerce. They discuss the difficulties in relation to jurisdiction arising from the global nature of Internet and the possibilities for dispute resolution between multi national parties to an electronic transaction. The topic is obviously one that will require much attention in the coming years and one which will need strict regulation if electronic commerce is destined to become the trading medium of the future.

Blame it on the WTO? - A Human Rights Critique (Hardcover): Sarah Joseph Blame it on the WTO? - A Human Rights Critique (Hardcover)
Sarah Joseph
R4,084 Discovery Miles 40 840 Ships in 10 - 15 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. The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more 'human rights-friendly'.

Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 1 (Hardcover, 1st ed. 2022): Peng Guo, Haicong Zuo, Shu Zhang Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 1 (Hardcover, 1st ed. 2022)
Peng Guo, Haicong Zuo, Shu Zhang
R4,009 Discovery Miles 40 090 Ships in 10 - 15 working days

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 1990 to 2005. During this period, the number of cases grew gradually. The total number of cases remained low, the reasons of which might be the following: parties were not familiar with the CISG hence decided to opt out of it; the case collection and report systems in China at that time were not as developed as now rendering many cases inaccessible. This book deals with the cases in the early days of the development of the CISG in China. These cases reflect how People's Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People's Courts change their approaches to the interpretation and application of the CISG in the future.

The 2008 Global Financial Crisis in Retrospect - Causes of the Crisis and National Regulatory Responses (Hardcover, 1st ed.... The 2008 Global Financial Crisis in Retrospect - Causes of the Crisis and National Regulatory Responses (Hardcover, 1st ed. 2019)
Robert Z. Aliber, Gylfi Zoega
R3,835 Discovery Miles 38 350 Ships in 18 - 22 working days

This book addresses the causes and consequences of the international financial crisis of 2008. A range of esteemed contributors explore developments in the United States, where the crisis of 2008 originated, as well as the smallest country affected, Iceland, by evaluating developments since 2008. Currently, many countries are facing similar problems as Iceland did in 2008: this book is of interest to economists and policy makers in these countries to study what happened in Iceland, and why the recovery of that economy was strong and swift. The chapters in this book originate from panel discussions and conferences and explore areas including regulation, state projects and inflation.

Performance Requirements and Investment Incentives Under International Economic Law (Hardcover): David Collins Performance Requirements and Investment Incentives Under International Economic Law (Hardcover)
David Collins
R3,566 Discovery Miles 35 660 Ships in 10 - 15 working days

In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.Performance Requirements and Investment Incentives Under International Economic Law astutely links the debate surrounding the use of such tools to the rise of emerging markets as key participants in economic globalization. The industrialization of developing countries has led to an increased reliance on foreign direct investments as a method of growth, in turn giving rise to the implementation of various regulatory strategies. Innovatively focusing on the inter-relation between performance requirements and investment incentives, David Collins illustrates the problems caused by their differential control and considers some possible approaches to achieving effective oversight. Drawing on network governance theory, he considers a unified regime of governance, which would allow for more comprehensive and systematic evaluation. Detailed and informative, this book will prove a useful reference tool for both academic and practicing lawyers as well as providing an excellent grounding for students and scholars of international economic law and international investment law. Governmental policy analysts will find its accessible style highly rewarding.

International Investment Law and Comparative Public Law (Hardcover, New): Stephan W. Schill International Investment Law and Comparative Public Law (Hardcover, New)
Stephan W. Schill
R9,235 Discovery Miles 92 350 Ships in 10 - 15 working days

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

Trade Agreements and Public Health - A Primer for Health Policy Makers, Researchers and Advocates (Hardcover, 1st ed. 2020):... Trade Agreements and Public Health - A Primer for Health Policy Makers, Researchers and Advocates (Hardcover, 1st ed. 2020)
Deborah Gleeson, Ronald Labonte
R1,634 Discovery Miles 16 340 Ships in 18 - 22 working days

The need for policy coherence between trade and health has never been greater, yet few public health workers are equipped to navigate this complex field. This book aims to fill this gap, providing a focused and readable introduction to the topic. It introduces the principles underpinning trade treaties and examines the implications of trade rules for health services and access to medicines, unhealthy commodities, labour rights and the environment. It explores the trade policy making process, methods for trade and health research, and recommendations for strengthening policy coherence.

Modern Law of International Trade - Comparative Export Trade and International Harmonization (Hardcover, 1st ed. 2020): Ajendra... Modern Law of International Trade - Comparative Export Trade and International Harmonization (Hardcover, 1st ed. 2020)
Ajendra Srivastava
R3,830 Discovery Miles 38 300 Ships in 18 - 22 working days

This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions-India and England-in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.

The WTO Transit Regime for Landlocked Countries and its Impacts on Members' Regional Transit Agreements - The Case of... The WTO Transit Regime for Landlocked Countries and its Impacts on Members' Regional Transit Agreements - The Case of Afghanistan's Transit Trade with Pakistan (Hardcover, 1st ed. 2021)
Suhailah Akbari
R3,806 Discovery Miles 38 060 Ships in 18 - 22 working days

This book assesses Afghanistan's transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members' regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from WTO transit rules in demanding freedom of transit through the territory of Pakistan, how these rules influence the transit agreement concluded between Afghanistan and Pakistan, and finally how useful it would be to challenge Pakistan under the WTO dispute settlement system for its failure to provide Afghanistan freedom of transit and free access to and from the sea.

The Export Control and Embargo Handbook (Hardcover, 3rd Revised edition): Eric L. Hirschhorn The Export Control and Embargo Handbook (Hardcover, 3rd Revised edition)
Eric L. Hirschhorn
R8,381 Discovery Miles 83 810 Ships in 10 - 15 working days

The Export Control and Embargo Handbook, Third Edition is a comprehensive examination of export administration regulations. While most currently available titles covering export control and embargo law carry a broader international focus, U.S. regulations are the central topic of this book. The Export Control and Embargo Handbook provides the very latest information on the embargo, transaction, and currency controls administered by the Commerce, State, Energy, and Treasury Departments, as well as the Nuclear Regulatory Commission. This fully updated third edition is useful for individuals involved in issues surrounding both the exporting from the U.S. and re-exporting U.S.-origin goods and technology, as well as for transactions involving embargoed countries and their products. Offering a detailed analysis of licensing requirements and exceptions from a well-known expert in the field, the book also provides convenient access to the relevant excerpts from the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).
Blending information with practical application, Eric L. Hirschorn's in-depth analysis of the key U.S. export restrictions on 'dual use' goods, software and technology, defense articles, technology and services, and nuclear equipment and technology, along with the rules governing dealings with embargoed countries, make this an invaluable asset for legal practitioners in the export industry. Any lawyer or government official involved in embargo issues can easily access necessary information using the detailed Table of Contents and thorough index. Law students preparing for a career in trade law will also benefit from the book's accessible style.

Biological Diversity and International Law - Challenges for the Post 2020 Scenario (Hardcover, 1st ed. 2021): Mar Campins... Biological Diversity and International Law - Challenges for the Post 2020 Scenario (Hardcover, 1st ed. 2021)
Mar Campins Eritja, Teresa Fajardo del Castillo
R3,989 Discovery Miles 39 890 Ships in 10 - 15 working days

The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement (Hardcover): Michelle T. Grando Evidence, Proof, and Fact-Finding in WTO Dispute Settlement (Hardcover)
Michelle T. Grando
R3,386 Discovery Miles 33 860 Ships in 10 - 15 working days

This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e. the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case, (b) to make suggestions for improvement.
This book analyzes questions such as (i) which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof); (ii) what quantum of proof is necessary to convince the panel (standard of proof); (iii) the role of the panel, disputing parties, and non-disputing parties (e.g. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) the consequences of a party's failure to cooperate in the process of fact-finding; (v) how the parties can access the information which is necessary to prove their allegations; and (vi) the treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world, the common law and the civil law, and to the extent possible the approaches adopted by other international courts and tribunals.

Shifting Patterns of Agricultural Trade - The Protectionism Outbreak and Food Security (Hardcover, 1st ed. 2021): Vasilii... Shifting Patterns of Agricultural Trade - The Protectionism Outbreak and Food Security (Hardcover, 1st ed. 2021)
Vasilii Erokhin, Gao Tianming, Jean Vasile Andrei
R3,208 Discovery Miles 32 080 Ships in 18 - 22 working days

This book is a pivotal publication that seeks to improve food security in the conditions of escalating protectionism in global agricultural trade. The authors argue that global trade systems have been increasingly distorted by emerging trade tensions between major actors such as the US, China, the EU, and Russia, as well as trade policies in many other countries. In view of the most recent disruption of global food supply chains due to the outbreak of the COVID-19, the book examines the effects of administrative restrictions, tariff escalations, and other forms of protectionism on food security. Over the decades, food security concerns have been emerging, along with the growth of the world population. More than two billion most impoverished people in the world spent up to 70% of their disposable income on food. In 2020, the running pandemic has unraveled accumulated problems. As many countries rely on agricultural imports, lockdowns and disrupted food production and supply chains tremendously threaten food security of those nations. Agricultural trade was already slowing in 2019 before the virus struck, weighed down by trade tensions, and decelerating economic growth. The spread of the virus and strict quarantine measures trigger economic decline that results in food prices rises and volatilities. Due to the pandemic, nearly all regions will suffer double-digit decline in trade volumes 2020. The virus will be defeated, but the effects of the protectionism outbreak would have a much longer-lasting impact on agricultural production, international supply chains, and food security worldwide. In this publication, the authors probe into many of the choices that link national, regional, and global policies extensively with the provision of food security for all in the new era of post-virus global trade. Since studying global agricultural trade has a multinational application, its outcomes might be shared with a broad international network of stakeholders, including research institutions, universities, and individual researches. The book is appropriate for government officials, policymakers, and businesses of many countries. Adaptation of research outcomes and solutions to the situation in particular countries and various collaboration formats will let to increase the visibility of the publication and to elaborate new practices and solutions in the sphere of establishing sustainable food security.

Anti-dumping in the WTO, the EU and China - The Rise of Legalization in the Trade Regime and its Consequences (Hardcover): Yan... Anti-dumping in the WTO, the EU and China - The Rise of Legalization in the Trade Regime and its Consequences (Hardcover)
Yan Luo
R3,745 Discovery Miles 37 450 Ships in 18 - 22 working days

With its virtually universal treaty network and its binding dispute settlement mechanism (DSM), has the World Trade Organization (WTO) become a legalizedA" international organization? To a large extent, the positive effect of the move to a higher level of legalization in the WTO is commonly acknowledged. Nevertheless, contrary to the high expectations of trade 'legalists', empirical studies suggest that the policy goal of trade liberalization cannot always be achieved by the functioning of the WTO legal system. Indeed, legalization at the international level often affects domestic systems in ways that are not only unintended, but often provoke unanticipated reactions. This incisive new study analyzes the proliferation of legalization in the WTO and two vital aspects of its consequences. The author illustrates the rise of legalization in the trade regime by examining the pragmatic process of legalization and its consequences in the field of anti-dumping. She particularly sketches the historical development of legalization in the multilateral anti-dumping framework by identifying significant events which illustrate the increased obligation, greater precision, and stronger delegation in the regime. She then explores the impact of international legalization on the EU's anti-dumping regime and China's dispute settlement activities in this area since the country's relatively recent accession. She demonstrates that, even after decades of legalization, domestic anti-dumping investigations often fail to fulfil the expectations of global legalists, and that the results of those investigations are not always challengeable in the DSM. The author's focus brilliantly illuminates two features of the role of legalization played in the development of the WTO system that are widely discussed: (1) the correlation between legalization in GATT/WTO law and corresponding changes in domestic policy-making, policy administration, and judicial review; and (2) the impact of legalization on the utilization of the DSM to settle disputes in particular subject areas. Concluding that the evolution of the GATT/WTO system is an illustrative example of the phenomenal rise of legalization in international organizations, the book is a valuable contribution to the broader debate of 'constitutionalization' in the international economic law literature. This is the first study to systematically analyze the rise of legalization in the WTO and its impact on domestic systems in this context. In its analysis of the discourse, dynamics, and effects of legalization in the trade regime, and in its empirical examples, this book will prove of great value to all professionals, legal or otherwise, involved with international trade and the economics of globalization.

Institutionalising Patents in Nineteenth-Century Spain (Hardcover, 1st ed. 2018): David Pretel Institutionalising Patents in Nineteenth-Century Spain (Hardcover, 1st ed. 2018)
David Pretel
R1,522 Discovery Miles 15 220 Ships in 18 - 22 working days

This book examines the development of the Spanish patent system in the years 1826 to 1902, providing a fundamental reassessment of its evolution in an international context. The Spanish case is particularly interesting because of this country's location on the so-called European periphery and also because of the centrality of its colonial dimension. Pretel gauges the political regulation and organisation of the system, showing how it was established and how it evolved following international patterns of technological globalisation and the emergence of the 'international patent system' during the late nineteenth century. Crucially, he highlights the construction and evolution of the patent system in response to the needs of Spain's technologically dependent economy. The degree of industrial backwardness in mid-nineteenth-century Spain set the stage for the institutionalisation of its modern patent system. This institutionalisation process also entailed the introduction of a new technological culture, social infrastructure and narrative that supported intellectual property rights. This book is important reading to all those interested in the history of patents and their role in globalisation.

Financial Market Regulations and Legal Challenges in South Asia (Hardcover): Amit K. Kashyap, Anjani Singh Tomar Financial Market Regulations and Legal Challenges in South Asia (Hardcover)
Amit K. Kashyap, Anjani Singh Tomar
R5,067 Discovery Miles 50 670 Ships in 18 - 22 working days

South Asia has experienced a long period of robust economic growth. While many regulatory policies have helped usher in this prosperous growth, some markets have plateaued due to hardships such as the decline in foreign remittance and international credit lines, and a contraction of exports. To continue to grow, the nations in this region must begin to integrate into the globalized world economy. Financial Market Regulations and Legal Challenges in South Asia addresses the difficulties and challenges of the regulatory environment in South Asia. This research-based publication outlines the apparent issues and resolutions as these developing nations transition into global economic players. This book is an excellent resource for policy makers, researchers and students in the financial field, government officials, bankers, and financial market regulators.

Human Rights in International Investment Law and Arbitration (Hardcover): Pierre-Marie Dupuy, Ernst-Ulrich Petersmann,... Human Rights in International Investment Law and Arbitration (Hardcover)
Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, Francesco Francioni
R8,950 Discovery Miles 89 500 Ships in 10 - 15 working days

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

International Investment Law and the Environment (Hardcover): Saverio Di Benedetto International Investment Law and the Environment (Hardcover)
Saverio Di Benedetto
R3,564 Discovery Miles 35 640 Ships in 10 - 15 working days

This book expands upon research into the protection of foreign investments, which is currently an intensively studied area of international law. At the same time, it also examines environmental protection, as well as general areas of debate in international law, including fragmentation, self-contained regimes, the role of interpretation and of principles, and theories of indeterminacy. In this detailed and concise monograph, Saverio Di Benedetto examines the problematic impact of environmental issues on international investment law from the perspective of arbitral dispute settlement and treaty-making. Current debates concerning 'self-contained' regimes and international law form the background to this investigation. By extrapolating insights from the vast and heterogeneous amount of available practice, the book provides an order to the two spheres of values, from internal and fragmentary approaches to systemic forms of integration. Finally, it outlines a possible method for reconciling investor rights and environmental concerns, which is centred around the model of exceptions and highlights the role of legal principles. This book is essential reading for academics of international investment law and related matters, with useful research material for both practitioners and policy-makers. Moreover, the innovative approach of this book makes it appropriate for adoption in specialized undergraduate and postgraduate courses in international economic law. Contents: Preface Part I: Foreign Investments versus the Environment 1. Introduction: The Social and Legal Context 2. International Investment Law and Environmental Protection 3. Theoretical Approaches to International Investment Law 4. Applicable Law and Methods of Interpretation Part II: Integrating Environmental Protection into International Investment Law 5. Internal Arguments: From Ordinary Meanings to Derogatory Logic 6. Systemic Approaches 7. Exceptional Models 8. Environmental Exceptions, Indeterminacy and Legal Principles Bibliography Index

Chinese Investment Treaties - Policies and Practice (Hardcover, New): Norah Gallagher, Wenhua Shan Chinese Investment Treaties - Policies and Practice (Hardcover, New)
Norah Gallagher, Wenhua Shan
R11,380 Discovery Miles 113 800 Ships in 10 - 15 working days

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed, and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. The second title to publish in the new Oxford International Arbitration Series is a comprehensive commentary on Chinese BITs.
Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book will provide a detailed review and analysis of China's approach to foreign investment. It will consider the current role of investment treaties in China's foreign economic policy, analyze and interpret the key provisions of the BITs, and discuss the future agenda of China's investment program. It will look at how this investment regime interconnects with the domestic system and consider the implications for a foreign investor in China.

Crime and Art - Sociological and Criminological Perspectives of Crimes in the Art World (Hardcover, 1st ed. 2021): Naomi... Crime and Art - Sociological and Criminological Perspectives of Crimes in the Art World (Hardcover, 1st ed. 2021)
Naomi Oosterman, Donna Yates
R4,318 Discovery Miles 43 180 Ships in 10 - 15 working days

This volume brings together work by authors who draw upon sociological and criminological methods, theory, and frameworks, to produce research that pushes boundaries, considers new questions, and reshape the existing understanding of "art crimes", with a strong emphasis on methodological innovation and novel theory application. Criminologists and sociologists are poorly represented in academic discourse on art and culture related crimes. However, to understand topics like theft, security, trafficking, forgery, vandalism, offender motivation, the efficacy of and results of policy interventions, and the effects art crimes have on communities, we must develop the theoretical and methodological models we use for analyses. The readership of this book is expected to include academics, researchers, and practitioners in the fields of criminology, sociology, law, and heritage studies who have an interest in art and heritage crime.

De Minimis Aid  Under EU Law (Hardcover, 1st ed. 2022): Ricardo Pedro De Minimis Aid Under EU Law (Hardcover, 1st ed. 2022)
Ricardo Pedro
R2,646 Discovery Miles 26 460 Ships in 18 - 22 working days

This book deals with de minimis aid and demonstrates that it is both a sui generis legal concept in the context of State aid and subject to a complex regime. On the one hand, it is a sui generis concept in that (i) it seeks to strike a balance between simplifying the grant process and not distorting competition in the internal market, while being a tool that Member States are able to apply easily and (ii) it is subject to ex ante control by Member States. On the other hand, it is complex in that (i) it requires determining the sectors of economic activity it applies to; (ii) a few notions specific to the regime are not easy to understand, such as the notion of "single undertaking"; and (iii) it requires combining four de minimis regimes (one general and three special), which in turn requires reconciling those regimes with each other and with other aid, not least because of the cumulation rules. Lastly, these particularities were also reflected in the recovery regime for unlawful de minimis aid. Aimed at lawyers, legal consultants and those working in undertakings as well as students, the book provides a comprehensive overview of the current de minimis regimes and is clear and complete, while also proposing a fresh view on the area of EU State aid law. Ricardo Pedro is Researcher at the Centro de Investigacao de Direito Publico (CIDP), Universidade de Lisboa, Portugal.

Eurasian Economic Perspectives - Proceedings of the 23rd Eurasia Business and Economics Society Conference (Hardcover, 1st ed.... Eurasian Economic Perspectives - Proceedings of the 23rd Eurasia Business and Economics Society Conference (Hardcover, 1st ed. 2020)
Mehmet Huseyin Bilgin, Hakan Danis, Goekhan Karabulut, Giray Goezgor
R4,093 Discovery Miles 40 930 Ships in 18 - 22 working days

This book presents selected papers from the 23rd Eurasia Business and Economics Society (EBES) Conference, held in Madrid, Spain. While the theoretical and empirical papers presented cover diverse areas of economics and finance in different geographic regions, the main focus is on the latest research concerning international trade, public economics, and regional studies. The book also includes studies on the economics of innovation, inequality and tourism.

Regional Fisheries Management Organizations - The interplay between governance and science (Hardcover, 1st ed. 2021): Leandra... Regional Fisheries Management Organizations - The interplay between governance and science (Hardcover, 1st ed. 2021)
Leandra R. Goncalves
R3,661 Discovery Miles 36 610 Ships in 10 - 15 working days

This book analyzes empirical data from three specific Regional Fisheries Management Organizations (RFMOs) designed to establish rules for the conservation and management of fish stocks in the ocean, in order to assess their effectiveness in converting science into policy for the recovery and maintenance of fishery populations. The three RFMOs discussed are the CCAMLR (Convention for the Conservation of Antarctic Marine Living Resources), the ICCAT (International Commission for the Conservation of Atlantic Tunas) and the CCSBT (Commission for the Conservation of Southern Bluefin Tuna). The book seeks to understand when governments choose to listen to science, and establishes a framework to examine the institutional designs currently in place to accommodate RFMO policy suggestions and the conditions under which they are implemented successfully. The study will be of interest to academics and professionals broadly interested in global environmental governance and international relations, and will specifically appeal to policymakers, conservationists, and environmental researchers interested in fishery management and policy at the global and regional scale. Goncalves provides an accessible and comprehensive analysis of RMFOs. She offers valuable insights into the role of science and politics in shaping sustainable fisheries policies for the open oceans. ---Peter M Haas, Professor Department of Political Science, University of Massachusetts Amherst As envisaged by the UN Decade of Ocean proclamation, this book is an important and sincere effort, hopefully to be accompanied by many others to come during this promising decade, that will help to build a common framework to ensure that ocean science can support countries and the international community in creating improved conditions for the sustainable development of our cherished Ocean. ---Fabio H. Hazin - Professor at Federal Rural University of Pernambuco, Brazil

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