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

Weaponizing EU State Aid Law to Impact the Future of EU Investment Policy in the Global Context (Hardcover, 1st ed. 2022):... Weaponizing EU State Aid Law to Impact the Future of EU Investment Policy in the Global Context (Hardcover, 1st ed. 2022)
Pamela Finckenberg-Broman
R2,692 Discovery Miles 26 920 Ships in 18 - 22 working days

This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU's trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU's incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.

The Structure of Investment Arbitration (Paperback): Tony Cole The Structure of Investment Arbitration (Paperback)
Tony Cole
R1,405 Discovery Miles 14 050 Ships in 10 - 15 working days

Although a State's treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.

Fresh Water and International Economic Law (Hardcover, New): Edith Brown Weiss, Laurence Boisson De Chazournes, Nathalie... Fresh Water and International Economic Law (Hardcover, New)
Edith Brown Weiss, Laurence Boisson De Chazournes, Nathalie Bernasconi-Osterwalder
R4,427 Discovery Miles 44 270 Ships in 18 - 22 working days

Fresh water resources are at the same time ecological, economic, social, and cultural goods and must be managed accordingly. However, efforts to manage these resources are complicated by tensions arising from possible clashes between the regimes favouring privatization, trade and investment liberalization, and domestic and international regimes governing water resources, environmental protection and human rights. The relationships between the international economic and legal framework on the one hand and fresh water resource management and protection on the other, are complex and multifaceted. This book addresses the key interdisciplinary issues that increasingly confront policy makers, tribunals, arbitration bodies and other institutions. It focuses primarily on law, but also includes perspectives from economics, political science and other disciplines. It examines such questions as are governments free to decide whether or not to export water resources? Can foreign investors sue host states for adopting measures to control water pollution? Can international trade rules be used to reduce or eliminate water related subsidies? Do rules on the liberalization of water services affect domestic and international human rights obligations relating to water supply? More generally, how do the procedural rights of states, individuals, affected communities and investors affect decisions regarding the right to drinking water, the rights of investors to exploit water resources, and the rights of governments to protect their lakes, rivers and groundwater?

Foreign Investment, International Law and Common Concerns (Paperback): Tullio Treves, Francesco Seatzu, Seline Trevisanut Foreign Investment, International Law and Common Concerns (Paperback)
Tullio Treves, Francesco Seatzu, Seline Trevisanut
R1,546 Discovery Miles 15 460 Ships in 10 - 15 working days

Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Transparency in International Trade and Investment Dispute Settlement (Paperback): Junji Nakagawa Transparency in International Trade and Investment Dispute Settlement (Paperback)
Junji Nakagawa
R1,524 Discovery Miles 15 240 Ships in 10 - 15 working days

An increasing number of international trade disputes are settled through the WTO dispute settlement (DS) procedure. In parallel, an increasing number of international investment disputes are settled through investor-host state arbitration procedure. What does "transparency" mean in the context of international trade and investment dispute settlement? Why is enhanced transparency demanded? To what extent and in what manner should these dispute settlement procedures be transparent? The book addresses these issues of securing transparency in international trade and investment dispute settlement. Transparency in international trade and investment dispute settlement drew attention of international economic law scholars in the late 1990s, but most literature discusses the transparency in trade DS and investment DS separately. The book deals with the issue in a comprehensive and coherent manner, combining the analyses of the issue in both DS procedures and comparing the pros and cons to enhanced transparency in them. The main argument of the book is, firstly, that transparency in these procedures should be enhanced so that they may be accountable to a wider range of stakeholders, but, secondly, that the extent and the manner of transparency might differ in these two procedures, reflecting their structural and functional differences. The book appeals to both scholars and students interested in international economic law and international relations, as well as lawyers and government officials who deal with international trade and investment regulation.

The Dieselgate - A Legal Perspective (Hardcover, 1st ed. 2017): Marco Frigessi di Rattalma The Dieselgate - A Legal Perspective (Hardcover, 1st ed. 2017)
Marco Frigessi di Rattalma
R4,614 Discovery Miles 46 140 Ships in 10 - 15 working days

This book explains, compares and assesses the legal implications of Dieselgate within a range of selected jurisdictions and at the EU, international and comparative law level.The book analyses the US EPA-VW $14.7 billion dollar settlement of 2016, one of the largest civil settlements in the history of environmental law. As it shows, the Dieselgate affair has raised a host of issues concerning corporate and social responsibility, tort liability, environmental liability, contractual defective products, warranty, and false environmental claims in a range of jurisdictions. Issues like repurchasing or retrofitting cars from consumers and making direct payments to consumers through car buy-backs and compensation are analysed. Further, the book relates how Dieselgate has also contributed to the discussion about the introduction of more effective collective measures of redress for consumers, such as class actions, in Germany, France, Italy and the UK.The book subsequently reviews the criminal offences Volkswagen is currently confronted with in Germany, France and Italy, i.e. fraud and manipulation of capital markets (by belatedly providing shareholders with essential information relevant for the share value), and, potentially, environmental crimes. It demonstrates how Dieselgate has sparked new debates in Germany, Italy, France and the UK about the need to introduce enterprise liability for organised crimes, lack of compliance and control structures, and intentional violations of the law.Lastly, the book discusses how EU law has sought to respond to Dieselgate and thus investigates the controversial EU Regulation No. 2016/646 introducing a "temporary conformity factor" of 2.1 (equivalent to a 110% increase on the current limit) to be applied for NOx in the new RDE testing cycle, and the works of the EU committee of inquiry into Emissions Measurements in the Automotive Sector (EMIS).

Trade Liberalization - Fears and Facts (Hardcover): Robert A. Rogowsky, Linda A. Linkins, Karl S. Tsuji Trade Liberalization - Fears and Facts (Hardcover)
Robert A. Rogowsky, Linda A. Linkins, Karl S. Tsuji
R2,030 Discovery Miles 20 300 Ships in 18 - 22 working days

Examining the often-expressed concerns about trade liberalization, the authors assess both the facts and common perceptions underlying the issues. Research shows that some popular concerns about trade are factually based, but others are less well supported or arise from apparent misunderstandings of the way international markets work. This form of presentation both highlights the current divergence of views and demonstrates the extent to which either new research or better public dissemination of existing research might lead toward greater consensus. The authors examine seven often-expressed concerns about trade liberalization to assess both the facts and common perceptions underlying the issues. * Trade's effect on manufacturing jobs * Trade's effect on wage and income inequality * Trade deficits * U.S. economic exposure to foreign-market instability * The threat to sovereignty * Trade's effect on the environment * Health and safety After briefly summarizing the concerns raised in each area, the authors review a large body of recent economic and legal literature. Plain statements by advocates of a particular position on an issue appear alongside discussion of more formal economic or legal analysis of the same issue. This form of presentation both highlights the current divergence of views and demonstrates the extent to which either new research or better public dissemination of existing research might lead toward greater consensus.

Subsidies in the Context of the WTO's Free Trade System - A Legal and Economic Analysis (Hardcover, 1st ed. 2017):... Subsidies in the Context of the WTO's Free Trade System - A Legal and Economic Analysis (Hardcover, 1st ed. 2017)
Gurwinder Singh
R5,092 Discovery Miles 50 920 Ships in 10 - 15 working days

This book analyses subsidies from various perspectives and creates a model that determines whether or not their use is justified. Further, it analyses the various causes of trade distortion, trade-discriminatory practices, and other issues associated with unregulated subsidies. In addition, the book considers how these issues fall within the scope of subsidies described under the SCM Agreement. The primary discussion from the perspective of WTO objective concerns the trade practice of awarding subsidies, for exports and also for protectionist purposes. Here, the terms justifiable and non-justifiable are used as hypothetical parameters to determine the extent of state support, considering the country classification based on economic and technological criteria, and their objectives for development. These parameters are distinct from Prohibited, Actionable, and Non-Actionable subsidies, as classified under the SCM Agreement. Subsidies awarded for the purposes of development and for welfare are considered as justifiable, whereas subsidies for the promotion of exports or state measures adopted for protectionist purposes are non-justifiable. Lastly, the book addresses the implications of such subsidies on the core objectives of the WTO and in connection with fair trade values.

The EU, the WTO and the NAFTA - Towards a Common Law of International Trade (Hardcover): J. H. H. Weiler The EU, the WTO and the NAFTA - Towards a Common Law of International Trade (Hardcover)
J. H. H. Weiler
R4,201 Discovery Miles 42 010 Ships in 10 - 15 working days

This volume, built on a recent series of courses at the Academy of European Law, Florence, addresses the overlapping regulatory trade regimes of the WTO, the EU and the NAFTA. The various contributions deal with discrete areas of the international trading system each placing considerable emphasis on the interlocking nature of the various components of that system. The co-existence of regimes, often governing simultaneously complex transnational transactions, is the focus of the volume.

Culture and International Economic Law (Hardcover): Valentina Vadi, Bruno de Witte Culture and International Economic Law (Hardcover)
Valentina Vadi, Bruno de Witte
R4,362 Discovery Miles 43 620 Ships in 10 - 15 working days

Culture represents inherited values, ideas, beliefs, and traditions, which characterize social groups and their behaviour. Culture is not a static concept but rather a dynamic force and as such has always benefitted from economic exchange. Nowadays globalization and international economic governance offer unprecedented opportunities for cultural exchange. In parallel, foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. The increase in global trade and foreign direct investment (FDI) has determined the creation of legally binding and highly effective regimes that demand states to promote and facilitate trade and FDI. An international economic culture has emerged that emphasizes productivity and economic development at the expense of the common wealth.This book explores the 'clash of cultures' between international law and international cultural law exploring some key questions such as whether states can promote economic development without infringing their cultural wealth? The book is split into four parts, the first part explore the main themes and challenges while part two considers the cultural life of international economic law, part three focuses on intellectual property law and the fourth explores issues in European law. The book contains original chapters by experts in the field including Yvonne Donders, Francesco Francioni, Federico Lenzerini and Ana Vrdoljak. It covers issues including whether grass root resistance developed to cope with the threats to culture posed by economic globalization, how international courts and tribunals are adjudicating culture-related cases, and the relationships between culture, human rights, and economic activities.

International Investment Law - A Chinese Perspective (Hardcover): Guiguo Wang International Investment Law - A Chinese Perspective (Hardcover)
Guiguo Wang
R6,383 Discovery Miles 63 830 Ships in 10 - 15 working days

Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI.

This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system.

The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies."

Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions (Hardcover, 1st ed. 2018): Bruce... Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions (Hardcover, 1st ed. 2018)
Bruce Kilpatrick, Pierre Kobel, Pranvera Kellezi
R4,805 Discovery Miles 48 050 Ships in 18 - 22 working days

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic "To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Path Of World Trade Law In The 21st Century, The (Hardcover): Steve Charnovitz Path Of World Trade Law In The 21st Century, The (Hardcover)
Steve Charnovitz
R6,823 Discovery Miles 68 230 Ships in 18 - 22 working days

The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?

The Constitutionalization of the World Trade Organization - Legitimacy, Democracy, and Community in the International Trading... The Constitutionalization of the World Trade Organization - Legitimacy, Democracy, and Community in the International Trading System (Hardcover)
Deborah Z. Cass
R4,293 Discovery Miles 42 930 Ships in 10 - 15 working days

This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues that the WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models. Under these definitions serious issues of legitimacy, democracy and community are at stake. The WTO would lack a proper political structure to balance the work of its judicial bodies; it may curtail the ability of states to decide matters of national economic interest; it lacks authorization by a coherent political community; and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.

Climate Change and International Trade (Hardcover): Rafael Leal-Arcas Climate Change and International Trade (Hardcover)
Rafael Leal-Arcas
R5,328 Discovery Miles 53 280 Ships in 10 - 15 working days

Rafael Leal-Arcas expertly examines the interface of climate change mitigation and international trade law with a view to addressing the question: How can we make best use of the international trading system experience to aim at a global climate change agreement?The insightful book contributes to developing the architecture for a post 2012 global climate agreement and, in doing so, seeks and proposes new approaches to climate change mitigation by linking it to the international trade system. The author suggests the adoption of a bottom-up approach to climate change negotiations by using the evolution of multilateral trade agreements as a model for reaching a global climate treaty. He discusses the innovative approach of inserting climate goals within regional trade agreements, given their proliferation - especially bilateral - in the international trading system. He explains the trade implications of climate change mitigation policies by analyzing a couple of areas where the international regimes for trade and climate change mitigation may potentially clash. Climate Change and International Trade will strongly appeal to undergraduate and graduate students of international and European trade law, international and European environmental law as well as social science academics. NGOs, think tanks, practitioners, researchers, and international organizations will also find plenty of valuable information in this timely resource. Contents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography Index

Elsevier's Dictionary of European Community Company/Business/Financial Law (Hardcover): H.K. Bock, G. Frey, I. R. Bock Elsevier's Dictionary of European Community Company/Business/Financial Law (Hardcover)
H.K. Bock, G. Frey, I. R. Bock
R6,486 Discovery Miles 64 860 Ships in 10 - 15 working days

Hardbound. This volume is a general dictionary within the areas of company, business and financial law, where the selection of terms is based primarily on established and emerging usages within Community legal terminology. The volume provides definitions and general explanations in English, supplemented with specific explanations in Danish and/or German as required. The careful arrangement of terms in Danish and German allows near-independent use between these two languages. Heavy emphasis is placed on idiomatic language use with the inclusion of a large number of complex verb and noun phrases, everyday abbreviated terms, and names of institutions etc. When making the selection of terms, the compilers used their experience as professional translators of commercial and theoretical legal and financial documents. The dictionary will be invaluable to Community business people, lawyers, accountants, translators and students.

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
R6,864 Discovery Miles 68 640 Ships in 10 - 15 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.

The Global Tobacco Epidemic and the Law (Hardcover): Andrew D. Mitchell, Tania Voon The Global Tobacco Epidemic and the Law (Hardcover)
Andrew D. Mitchell, Tania Voon
R4,323 Discovery Miles 43 230 Ships in 10 - 15 working days

Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. Written by health and legal experts from institutions around the globe, The Global Tobacco Epidemic and the Law examines the key areas of domestic and international law affecting the regulation of tobacco.The book offers a wide-ranging and in-depth exploration of relevant legal questions, including a focus on the activities of the World Health Organization and the WHO Framework Convention on Tobacco Control, as well as an extensive evaluation of relevant developments in international trade law and international investment law. The authors' expert analysis also sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, as reflected in detailed case studies of tobacco control in various countries and regions around the world. The answers to these questions are of vital interest to the international community, with states' regulatory sovereignty regarding tobacco increasingly being challenged in local and international courts and tribunals. Combining unique insight with rigorous analysis, this book will facilitate a more sophisticated understanding of the legal issues concerning tobacco control and will be of interest to lawyers, diplomats, policymakers and NGOs, as well being a valuable resource for scholars of law, public policy and health. Contributors: N. Boister, O.A. Cabrera, J. Carballo, R. Cunningham, M. Davison, K. DeLand, L. Gruszczynski, P. Henning, L. Hsu, J. Liberman, G. Lien, T-y. Lin, C-f. Lo, A. Mitchell, L. Shmatenko, D. Singh, J. Strawbridge, T. Tucker, T. Voon, H. Wipfli, C-F. Wu, A. Yadav

Law, Force and Diplomacy at Sea (Routledge Revivals) (Hardcover): Ken Booth Law, Force and Diplomacy at Sea (Routledge Revivals) (Hardcover)
Ken Booth
R4,357 Discovery Miles 43 570 Ships in 10 - 15 working days

Law, Force and Diplomacy at Sea, first published in 1985, is one of the few comprehensive treatments on the subject from a strategic perspective. It offers a detailed strategic analysis of the background and outcome of the Third UN Conference on the Law of the Sea, and its naval implications. The interplay between the interest of the naval powers in freedom of navigation and the interest of coastal states in control provides the setting for the strategic problems. The sea is taking on more properties of the land: it is becoming 'territorialised', and this is presenting fresh challenges and opportunities to which navies and their national governments have to respond. This study is designed for students of naval strategy, for international lawyers and for students of international affairs who wish to think about the important security questions in the maritime environment.

International Insolvency Law - Reforms and Challenges (Hardcover, New Ed): Paul Omar International Insolvency Law - Reforms and Challenges (Hardcover, New Ed)
Paul Omar
R4,390 Discovery Miles 43 900 Ships in 10 - 15 working days

International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.

The WTO and the Environment - Development of competence beyond trade (Paperback): James Watson The WTO and the Environment - Development of competence beyond trade (Paperback)
James Watson
R1,189 Discovery Miles 11 890 Ships in 10 - 15 working days

This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO's interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.

The WTO and Anti-Dumping (Hardcover, illustrated edition): Douglas R Nelson, Hylke Vandenbussche The WTO and Anti-Dumping (Hardcover, illustrated edition)
Douglas R Nelson, Hylke Vandenbussche
R18,543 Discovery Miles 185 430 Ships in 10 - 15 working days

This two volume set contains a careful selection of the most significant papers on anti-dumping. These important articles have not only shaped the policy debate in this area but have also substantially influenced how we think about the use and role of anti-dumping in trade relations today. After an initial look at some classic articles, the collection provides an overview of the past two decades of academic research on this subject. The contributions are both empirical and theoretical with the emphasis being on the economic rather than the legal analysis involved. The volumes make these papers easily accessible to a wide audience, including academics, policy-makers and all those concerned with anti-dumping issues.

Indirect Expropriation in International Law (Hardcover): Sebastian Lopez Escarcena Indirect Expropriation in International Law (Hardcover)
Sebastian Lopez Escarcena
R3,728 Discovery Miles 37 280 Ships in 10 - 15 working days

The precise circumstances in which a governmental measure amounts to an indirect expropriation requiring compensation remains one of the most controversial and important questions of contemporary international investment law. This work provides a comprehensive assessment of how international law has responded to this problem, taking into account the jurisprudence from a range of international courts and tribunals. It provides a helpful oversight of how the law in this area has developed and where it may be heading in the future.' - James Harrison, University of Edinburgh Law School, UKWhen does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations. Sebastian Lopez Escarcena offers a comprehensive coverage of the history and main concepts of the international law of expropriation. The interaction between human rights conventions and investment treaties are analysed from a global perspective, providing the reader with a unique insight into expropriation at an international level. Within the course of his examination, the author illuminates important concepts of public law, from deprivation of property to payment of compensation, and from margin of appreciation to proportionality. In examining in detail the case law of different international tribunals, this shrewd book formulates some insightful answers to the threshold question, and will be of great interest to decision-makers in investment treaty arbitrations, to legal practitioners, state officers and scholars in international investment law and international human rights law, and to anyone dealing with international and comparative law in general. Contents: 1. Introduction 2. From Compensation to Indirect Takings 3. Expropriation in Human Rights Law 4. The Approach of the Iran-US Claims Tribunal 5. Bilateral Treaties and International Awards 6. Takings in Multilateral Treaties 7. The Applicable Standard 8. Conclusion Bibliography

International Adjudication on Trial - The Effectiveness of the WTO Dispute Settlement System (Hardcover): Sivan Shlomo Agon International Adjudication on Trial - The Effectiveness of the WTO Dispute Settlement System (Hardcover)
Sivan Shlomo Agon
R3,035 Discovery Miles 30 350 Ships in 10 - 15 working days

Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, is the WTO DSS expected to achieve? Has it fulfilled these objectives so far, and how can their achievement and the system's effectiveness be enhanced in the future? Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.

World Trade Organization And International Trade Law: Antidumping, Subsidies And Trade Agreements (Hardcover, World Scientific... World Trade Organization And International Trade Law: Antidumping, Subsidies And Trade Agreements (Hardcover, World Scientific Studies in In ed.)
Gary N Horlick
R4,518 Discovery Miles 45 180 Ships in 18 - 22 working days

This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts.

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