Doing International Business? Here are the Tools! Power Tools for Negotiating International Deals is a nuts and bolts guide. This book is the handbook read before the negotiation. It is also to be used during the negotiation when a decision to stand firm or compromise must be made. Power Tools for Negotiating International Deals shows how international business works, where to stake high ground, what concessions to make, and what mistakes to avoid.Filled with checklists and case examples, these are the power tools needed for negotiating business deals in the global marketplace. When negotiating an international deal, there is often only one good opportunity to strike the bargain and make the deal. To do so, a businessperson needs tools to know what to ask for, what to counter with, and what to offer up as a reasonable compromise. That is how deals get done. Without knowing the terms that would make the best international deal, the deal may still get done - it just will not be the best that could have been negotiated.Power Tools for Negotiating International Deals explains the key issues that need to be negotiated in an international business deal, be it a product sale, agency/brokerage, consulting agreement, distributorship, license, joint venture or consortium. Some of the topics covered in this book:A* the basics of international business dealsA* negotiating international sales of goods and servicesA* negotiating international agency and consulting dealsA* negotiating international distribution dealsA* negotiating international license dealsA* negotiating international joint venture and consortium dealsJames M. Klotz is one of Canada's leading international business lawyers. In addition to cochairing the International Business Transactions group of one of Canada's largest law firms, he has written several books and treatises on international business law and negotiation. He has taught courses in international business law at Osgoode Hall Law School, Toronto, and in international risk assessment at the University of Toronto, School of Continuing Studies. When not flying around the world on deals, he lives and works in Toronto.

This book examines how international trade can be utilised to build a sustainable future. It highlights how international trade and climate regimes can work together to put in place a Green New Deal. The potential of mega-regional trade agreements to aid climate change mitigation and power the energy transition is explored in relation to the energy section, with a particular focus on clean technology. Broader perspectives are provided by an analysis of international trading systems in the Caribbean and Pacific Islands and a review of climate change law and policy in Brazil, Russia, India, and China. This book aims to provide an interdisciplinary understanding of how green trade can be achieved. It will be relevant to researchers and policymakers interested in international trade and environmental economics.

This book adopts an international perspective to examine how the online sale of insurance challenges the insurance regulation and the insurance contract, with a focus on insurance sales, consumer protection, cyber risks and privacy, as well as dispute resolution. Today insurers, policyholders, intermediaries and regulators interact in an increasingly online world with profound implications for what has up to now been a traditionally operating industry. While the growing threats to consumer and business data from cyber attacks constitute major sources of risk for insurers, at the same time cyber insurance has become the fastest growing commercial insurance product in many jurisdictions. Scholars and practitioners from Europe, the United States and Asia review these topics from the viewpoints of insurers, policyholders and insurance intermediaries. In some cases, existing insurance regulations appear readily adaptable to the online world, such as prohibitions on deceptive marketing of insurance products and unfair commercial practices, which can be applied to advertising through social media, such as Facebook and Twitter, as well as to traditional written material. In other areas, current regulatory and business practices are proving to be inadequate to the task and new ones are emerging. For example, the insurance industry and insurance supervisors are exploring how to review, utilize, profit from and regulate the explosive growth of data mining and predictive analytics ("big data"), which threaten long-standing privacy protection and insurance risk classification laws. This book's ambitious international scope matches its topics. The online insurance market is cross-territorial and cross-jurisdictional with insurers often operating internationally and as part of larger financial-services holding companies. The authors' exploration of these issues from the vantage points of some of the world's largest insurance markets - the U.S., Europe and Japan - provides a comparative framework, which is necessary for the understanding of online insurance.

The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.

This book focuses on the PRC's cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members' commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance

This book considers the "three Ps" of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power.

Professor Mike Koehler has brought to this volume the clear-eyed perspective that has made his FCPA Professor website the most authoritative source for those seeking to understand and apply the FCPA. This is a uniquely useful book, laying out systematically the history and rationale of the FCPA, as well as its evolution into a structure governed as much by lore as by law. It will be valuable both to those who counsel international corporations, whether in connection with immediate crises or long-term strategies; and to those who contemplate what the FCPA has become, and how it can be improved.' - Michael Mukasey, Former U.S. Attorney General'This is the single most comprehensive academic treatment of the Foreign Corrupt Practices available. Professor Koehler's book will become the authoritative standard for the field. The book not only treats the history of the FCPA, but analyzes the statute's elements in detail, discusses current cases, and makes proposals for reforms where the current law is deficient. The book is written in a clear, accessible style and I will use it often as a resource for my own scholarly work.' - Daniel Chow, Associate Dean for International and Graduate Programs, The Ohio State University Michael E. Moritz College of Law, USA 'An excellent and thought-provoking book by a great expert. Backed up by rigorous analysis of cases, Professor Koehler constantly challenges those involved in anti-corruption work by asking the question 'why?' He puts forward many constructive and well-argued suggestions for improvements that need to be considered. I have learned a lot from Professor Koehler over the years and I can thoroughly recommend this book.' - Richard Alderman, Former Director of the UK Serious Fraud Office The Foreign Corrupt Practices Act (FCPA) has emerged as a top concern for companies doing business in the global marketplace. This book is the first of its kind given its comprehensive and provocative coverage of the FCPA and its many related legal and policy issues. In The Foreign Corrupt Practices Act in a New Era, Professor Koehler dissects the FCPA's new era and confronts the FCPA statutory text, legislative history, judicial decisions, enforcement agency guidance, and resolved FCPA enforcement actions. Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the 'world's most ethical FCPA violators,' 'the facade of enforcement' the 'three buckets' of FCPA financial exposure, 'FCPA Inc. and the business of bribery,' and the 'offensive use' of the FCPA. The book places an emphasis on learning FCPA issues incrementally in the belief that foundational knowledge (such as general legal principles and general Department of Justice and Securities and Exchange Commission enforcement policies and resolution vehicles) will best enhance understanding and comprehension of specific FCPA topics. Understanding the FCPA's new era is a fundamental skill-set for a diverse group of professionals navigating the global marketplace. This book provides a toolkit that will help readers from the boardroom to the courtroom to the classroom better understand the FCPA, FCPA enforcement, FCPA compliance strategies, and the many legal and policy issues present in this new era. Contents: Prologue Introduction and Overview 1. Before the New Era: The Story of the FCPA and Its Early Enforcement 2. FCPA Foundational Knowledge 3. The FCPA's Anti-Bribery Provisions 4. The FCPA's Books and Records and Internal Controls Provisions 5. FCPA Enforcement 6. Reasons for the Increase in FCPA Enforcement 7. The FCPA's Long Tentacles 8. FCPA Compliance and Best Practices 9. FCPA Reform Conclusion Index

The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action" approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author's experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author's findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging - for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

This book brings together a unique range of case studies focusing on networks in the context of business regulation. The case studies form the basis for an interdisciplinary dialogue on the meaning, value and the limits of the 'network concept' as a tool for understanding and critically evaluating the emergent transnational legal order.

Agriculture has been the unruly horse of the GATT/WTO system for a long time and efforts to halter it are still ongoing. This Research Handbook focuses on aspects of agricultural production and trade policy that are recognized for their importance but are often kept out of the limelight, such as the implication of national and international agricultural production and trade policies on national food security, global climate change, and biotechnology. It provides a summary of the state of the WTO agriculture negotiations as well as the relevant jurisprudence, but also, and uniquely, it focuses on the new and emerging issues of agricultural trade law and policy that are rarely addressed in the existing literature. With contributions from a multi-disciplinary team of leading analysts from around the world, this Research Handbook will appeal to trade negotiators, international trade law and policy academics as well as postgraduate students in the field. Contributors include: K. Anderson, D. Blandford, M. Cardwell, I. Carreno, M.G. Desta, G. Dutfield, C. Haberli, L.A. Jackson, T. Josling, E. Laurenza, A. Matthews, J.A. McMahon, F. Smith, S. Switzer

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region's global impact, this book is of interest to Asia watchers, academics and policymakers alike.

The use of trusts in the modern, globalised economy is expanding rapidly. Trusts are employed, among many other purposes, for tax and estate planning, to protect assets from political unrest, and to address forced heirship issues. Indeed, they have almost become a necessity in an era which has seen the rise of multinational corporations, the frequent transfer of employees across jurisdictions, and an increase in the adoption of residence in another country by retirees and expatriates. "Trusts in Prime Jurisdictions presents an overview of 15 jurisdictions where trusts are part of the economic and legal landscape. This volume comprises 27 expert papers, contributed by practitioners and academics, on various aspects of trust law, taxation and related subjects, both on and offshore. The work will be a valuable resource for the specialist practitioner wishing to gain a broader, international perspective, and for the professional newer to the field who requires a good basic knowledge of the subject.

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.

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.

The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCTTRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROTT Principles and the "lex mercatoria. In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.

The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer. As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated.

The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT's content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.

This EYIEL Special Issue is devoted to the European Union's Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.

This Research Handbook examines one of the most dynamic areas of public international law: the interaction between environmental law and policy and international investment law. The multiplicity of forms that interaction takes is the core theme of this Research Handbook. The contributors are drawn from a variety of legal backgrounds to give a well-rounded view of this complex relationship. Taking a thematic approach, this Research Handbook provides analysis on key issues in the environment-investment nexus, including freshwater resources, climate, biodiversity and sustainable development. The expert contributors unpack the complexities of this field of research through investigating regional experiences, assessing practices and procedures, and offering innovative approaches and new critical perspectives on the issues involved. The Research Handbook demonstrates that the exact nature of the relationship between environmental law and investment law is still evolving and, in so doing, indicates directions for future research. This timely Research Handbook will be of great interest to scholars who are researching the interactions between environmental law, international investment law and sustainable development. More widely, those with a research interest in public international law will find this to be a compelling reference tool. Contributors include: R.J. Anderson, F. Baetens, A.K. Bjorklund, G. Bottini, C. Brown, D. Cucinotta, M. Ferrer, S. Frank, U. Kriebaum, J. Levine, D. Liang, E. Luke, S. Luttrell, E. Mendez Brautigam, K. Miles, I. Odumosu-Ayanu, N. Peart, J. Peel, B.J. Richardson, A. Telesetsky, K. Tienhaara, V. Vadi, J.E. Vinuales, R. Weeramantry, R. Yotova

This book is a major work that focuses exclusively on ship finance and includes contributions on the increasingly complex field of ship finance, which has over the last two decades become a key aspect in the world of shipping and ship owning. The book offers an enlightening mix of theoretical analysis and well-founded practical insights into the daily markets. Given that ship finance continues to develop dynamically around the world, the book covers subjects ranging from the German KG market to Islamic Finance, from loans to legal aspects and from asset pricing to risk management.

From soil degradation and biodiversity loss to the coexistence of malnutrition and obesity, many of the largest challenges facing humanity today are underpinned by food and agriculture systems. In order to alleviate and resolve them, global governance of food and agriculture needs to be reformed. Unravelling the array of international regulatory instruments, this timely book provides the first systematic analysis of the international law surrounding food systems. International Agricultural Law and Policy provides a systems-based analysis of the rules that intersect with the physical elements of agriculture against a framework of commonly held norms. The author conducts a comprehensive examination not only of the rules, but also the implementation and broader socioeconomic, scientific and political context. By, exploring and clarifying the relationship between food security and the right to food and sustainability, Johnson closes the gap between the disparate international rules that govern food and agriculture, while exploring the practical implications of these overlapping regimes. This unique book is an invaluable resource for lawyers and social scientists working within food and agriculture systems and their governance and lays the much-needed groundwork for future research. For policy makers in the food and agricultural space, this book provides a wide-ranging and innovative analysis of the global regulatory landscape that influences law and policy processes.

In response to the primacy of English law as the lingua franca governing petroleum transactions, and the increased global demand for new sources of oil and gas, this fully updated new edition analyses the application of English law to contracts for project investment, financing, and development. The book provides practitioners and other parties with essential operational detail, as well as advising on the implications of English law on the interpretation of relevant provisions. The scope extends, unusually, beyond petroleum contracts made in the UK to cover all petroleum contracts worldwide, delivering exceptionally extensive coverage of this ever-growing sector for an international market. This work is a stand-alone practical guide on the application of English law to petroleum contracts, and provides a detailed and scholarly level of analysis, with reference to all relevant contracts and case law. Beginning with an introduction to the English legal system and the law of general contract, the author goes on to distinguish those characteristics that set petroleum contracts apart from others, including distinction between upstream, midstream, and downstream agreements. The contracts considered include those for the financing, management, sale, purchase and exchange of petroleum assets and interests (collectively called interest contracts), and contracts for the management, sale, purchase and exchange of petroleum quantities and petroleum storage, transportation and capacities (collectively called commodity contracts). Subsequent chapters introduce preliminary petroleum contracts and the obligation to negotiate, conditions precedent and subsequent, joint ventures, and the involvement third parties and the implications for privity in this context. Breaches and doctrines triggered by the impossibility of performance are set out in detail, alongside legal advice on damages, termination, liability allocation and equitable remedies. All relevant provisions are analysed in a final chapter of miscellaneous analysis, ensuring a truly comprehensive treatment of the sector. This new edition has been updated with new chapters on contract architecture and related issues and new sections on the Limitation Act and tolling, further assurances, quantum meruit and estoppel. Chapters have been updated in light of key cases on good faith and relational contracts, fiduciary duties and consequential loss recognitions, amongst others. As English law continues to grow in international importance, this is a key text for practitioners in a number of jurisdictions who are looking to draft contracts or handle international transactions under the umbrella of English law.

This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.

This is a new edition of Peter Oliver's classic work "Free Movement of Goods in the European Community" (now, in the light of the Lisbon Treaty revisions "European Union") which has established itself as one of the leading works of reference on European law for practitioners and academics alike. Indeed, whether advising clients or preparing for teaching there is no European lawyer who can afford not to have a copy of this book close to hand. Concise, precise, and lucid, the book has become the first port of call for anyone seeking answers to questions about the foundations of free movement of goods in the EU. With specialist chapters written by leading academic and practising lawyers, including Peter Oliver himself, this edition has been extensively rewritten to take into account recent judgments from the ECJ, including important cases such as C-110/05 Commission v Italy ('trailers') and C- 142/05 Mickelsson ('jet skis'), both of which relate to restrictions on the use of goods. It also takes account of all the recent European legislation and the impact of the Lisbon Treaty.