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Books > Law > International law > Public international law > International economic & trade law
In this updated edition, author Nicola Jentzsch provides an in-depth analysis of the economics and regulation of financial privacy. You get a comparative overview of credit reporting systems in the US and in the 27 member states of the European Union. This is the "most in-depth study of the history and economics of credit reporting to date," according to David Medine, former Associate Director of the U.S. Federal Trade Commission.
The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.
The mental suffering and agony, the ruined lives, the broken homes and hearts, the desolation and yearning and despair - who can measure the cost of crime? Eugene Smith, 1901 The anxiety people feel towards another people - the fear of crime - lies at the foundations of human society. The enormous burden that crime imposes on societies calls for ef?cient social arrangements and institutions. While intuitively obvious, the exact scope of this burden for a long time eluded measurement. With the emergence and development of quantitative methods in economics and statistics, the exercise of calculating costs of crime became possible, and indeed has been undertaken. The emerging ?eld of assessing costs of crime is still a controversial one, both in its methodology and applications. Many people would feel it absurd to calculate costs of crimes, particularly violent ones. What is a cost of murder, rape, or assault? Can any number meaningfully represent the villainous nature of such acts? These questions are undoubtedly good ones. In this book, I will argue that we can estimate costs of different crimes, and that such estimates are relevant for criminal law and crime policy. Notwithstanding the incommensurability of many consequences of crime, society every day makes numerous decisions how to tackle crime, and at least implicitly assesses the relative importance of the problem. Properly done costs of crime estimates make people's evaluation more visible, and allow for more coherent public policy.
The book analyses the development of international standards for countering terrorist financing from the perspective of international criminal law. It is likely to find its value for readers not only as a monograph on the financing of terrorism but also as a reference book on the operational and theoretical development of anti-money laundering strategy following 9/11. In particular, the works of main actors in this area such as the UN Security Council, Financial Action Task Force, IMF, World Bank, and APG are dealt with in depth.
Efficient laws have profound positive social, economic, political and welfare effects. This book develops a new approach to the formulation of efficient laws with an illustrative application to electronic fund transfer regulation in Australia. This approach can be applied to formulate efficient laws, irrespective of social, political and economic organizations of the country under study, which maximize social welfare of the country.
This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.
The International Maritime Organization (IMO), as the United Nations specialized agency responsible for the regulation of shipping engaged in international trade from the points of view of maritime safety and the prevention and control of pol- tion by ships, recognizes that these goals can only be effectively achieved if each and every link in the corresponding chain of responsibility meets fully its obli- tions. Flag, port and coastal States, as well as the shipping industry itself, all have roles to play in collectively improving safety and protecting the environment, both marine and atmospheric, through the development, adoption, and uniform imp- mentation and enforcement of, global standards. In this book, Dr. Christodoulou-Varotsi sets out to explore the extent to which the actions of the European Union and the United States, as the main originators of high standards in these fields, constitute a paradigm to the rest of the inter- tional maritime community. In this regard, while underscoring the need for a - listic, multilateral approach to maritime regulation - as epitomized by the work of IMO - the author explores how standards could be enhanced through the use of unilateral action.
This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.
This volume contains papers presented in a workshop of international experts in September 2008 in Berlin. The experts discussed how environmental consequences of EU legislation can be incorporated in a more effective way. In other words, this contribution focuses on the question of which measures can strengthen the cons- eration of environmental effects in the EU impact assessment procedure and in the subsequent legislative decision-making process. This allows drawing conclusions for the impact assessment process in Germany. This volume begins with an introductory paper (Bizer/Lechner/Fuhr) which served as the basis for discussion in our workshop. The questions raised in this paper are addressed by the authors of the subsequent chapters. Stephen White (DG Environment, EU-Commission) discusses the impact assessment from an int- nal perspective within the Commission. Pendo Maro (European Environmental Bureau) reviews the impact assessment practice from the perspective of an en- ronmental NGO. Martin Schmidt et al. discuss the potential for more formalism to strengthen environmental issues within impact assessments and favour a checklist."
The Asian-Pacific countries as well as India and Russia offer multinational companies all the benefits of booming economies in a world of recession. However, the investor must be aware of the tax regime under which he will operate. This survey presents the rates, definitions of taxable income and the incentives available in a complete, yet concise form. It goes on to review tax minimisation strategies and concludes with a comparison of the overall tax burdens for investors in each country derived from the Devereux/Griffith formulae - a methodology well known within the EU, but applied to this region for the first time.
International trade deals have become vastly complex documents, seeking to govern everything from labor rights to environmental protections. This evolution has drawn alarm from American voters, but their suspicions are often vague. In this book, investigative journalist Haley Sweetland Edwards offers a detailed look at one little-known but powerful provision in most modern trade agreements that is designed to protect the financial interests of global corporations against the governments of sovereign states. She makes a devastating case that Investor-State Dispute Settlement -- a "shadow court" that allows corporations to sue a nation outside its own court system -- has tilted the balance of power on the global stage. A corporation can use ISDS to challenge a nation's policies and regulations, if it believes those laws are unfair or diminish its future profits. From the 1960s to 2000, corporations brought fewer than 40 disputes, but in the last fifteen years, they have brought nearly 650 -- 54 against Argentina alone. Edwards conducted extensive research and interviewed dozens of policymakers, activists, and government officials in Argentina, Canada, Bolivia, Ecuador, the European Union, and in the Obama administration. The result is a major story about a significant shift in the global balance of power.
The International Maritime Organization (IMO), as the United Nations specialized agency responsible for the regulation of shipping engaged in international trade from the points of view of maritime safety and the prevention and control of pol- tion by ships, recognizes that these goals can only be effectively achieved if each and every link in the corresponding chain of responsibility meets fully its obli- tions. Flag, port and coastal States, as well as the shipping industry itself, all have roles to play in collectively improving safety and protecting the environment, both marine and atmospheric, through the development, adoption, and uniform imp- mentation and enforcement of, global standards. In this book, Dr. Christodoulou-Varotsi sets out to explore the extent to which the actions of the European Union and the United States, as the main originators of high standards in these fields, constitute a paradigm to the rest of the inter- tional maritime community. In this regard, while underscoring the need for a - listic, multilateral approach to maritime regulation - as epitomized by the work of IMO - the author explores how standards could be enhanced through the use of unilateral action.
This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question "Who owns the Moon?" The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension - that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.
This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG's text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.
As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty 's prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission 's proposals, including the most recent ones. The authors also highlight the repercussions of the proposed more economic approach to abuses of dominant positions on private litigants opportunities to bring damages actions in national courts for such abuses.
With a foreword by Peter Van den Bossche and Ellen Vos The Codex Alimentarius Commission was established by the Food and Agricultural Organization (FAO) and the World Health Organization (WHO) in 1963, as subsidiary organ of both organizations. Since its establishment, the Commission has been charged with the creation of the Codex Alimentarius: a collection of uniformly-defined food standards. Examples of food standards adopted by the Commission are the Standard for Natural Mineral Waters, the Maximum Residue Levels (MRLs) for hormone growth promoters in cattle, and the Standard for Sardines and Sardine-Type Products. The authority of the Commission is restricted by its position as a subsidiary body of the FAO and the WHO. However, with regard to its normative powers, the Commission operates independently from its parent organizations. This book examines the legal aspects of the Codex Alimentarius Commission and its standards, and describes more precisely the actual status of the standards, both within the framework of the WTO agreements as well as within the context of the EC legal order. In addition, it defines the consequences of the new status of the Codex standards for the legitimacy of the institutional framework of the Commission, its standard-setting procedure, and the Codex standards themselves. The book is geared at scholars of international law and WTO law. It will also be an important reference for specialists at national governments and international organizations (FAO, UNCTAD, WTO, WHO, World Bank, EC Commission, World Organisation for Animal Health, etc.), working with Codex standards and food safety, and equally of interest to food scientists and consumer organizations.
This book analyzes the modern trend in the Japanese M and A market. It reveals from different perspectives the process of convergence to a new monitoring model of the corporation: "the market for corporate control." The book contains a systematic survey of all relevant economic and legal information in this field. Analysis of 17 recent cases of hostile takeover is presented.
Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.
This book explains various methods of payment in international trade and trade finance schemes for international trade. It also presents an overview of the concepts, purposes, features, and risks of international trade. A grasp of the features and risks of international trade facilitates a better understanding of the numerous methods of payment in international trade and the relevant trade finance schemes, which is essential to success in international trade transactions. In order to complete an international trade transaction, depending on the terms, both parties need access to funds. Compared with large companies, small and medium-sized enterprises (SMEs), frequently face difficulties in raising capital or funds, but financing an international trade transaction is often the key to its successful completion. As such, selecting an appropriate financing mechanism from the various options available is vital. This book offers a systematic overview of international trade and payment together with trade finance, providing instructive examples and illustrations of trade documents, each method of payment, and trade finance including export credit insurance or guarantee.
This Open Access book analyses the emergence of Russia as a global food power and what it means for global food trade. Russia's strategy for food production and trade has changed significantly since the end of the Soviet period, and this is the first book to take account of Russia's rise as a food power and the global implications of that rise. It includes food trade policy and practice, and developments in regional food trade. This book will be of interest to academics and practitioners in agricultural economics, international trade, and international food trade.
The law of international trade raises questions of great intellectual depth. In Principles of Law Relating to International Trade, the author draws from his practical and teaching experience to give a comprehensive introduction to the key areas of law that apply in international business. For the benefit of readers unfamiliar with the English legal system and the many associated branches of English civil law, the book includes a brief introduction to, among other topics, constitutional, criminal, and employment law. The branches of law directly related to international trade, such as contract, insurance, competition, carriage of goods, and sale of goods, are concisely covered in the main text. Case studies and examples are used to clarify the issues for the non-specialist, making international trade law accessible to those taking professional examinations in this field, as well as business executives. The extensive use of footnotes and inclusion of case commentaries bring into clearer focus the many facets of this complicated subject and would be of benefit to the international trade law specialist.
This book is an ideal sourcebook for students and practitioners who are interested in international business transactions and want to gain familiarity with the law and practice of international trade law, policies and ethics. It contains eleven chapters, which deal extensively with the United Nations Convention on Contracts for the International Sale of Goods, The UNIDROIT Principles of International Commercial Contracts, Incoterms 2000, Carriage of Goods by Sea, Land and Air, Letters of Credit law, the World Trade Organization, international intellectual property law, anti-dumping and countervailing laws and international commercial arbitration law. Each chapter examines an important aspect of international trade and business by describing and analyzing the relevant law, policies and ethical issues, posing tutorial problems or providing sample examination questions and lists of references and incorporating extracts from relevant international documents and conventions.
This book offers guidelines for the upcoming discussions on reform, representing an attempt to work out conceptions for a better international competition order on the basis of the scientific approach 'law and economics'. It presents the dominant concepts of competition policy as a basis for an international competition order and formulates a synthesis. The result is a new neo-ordoliberal approach. Anti-dumping-measures are analysed of the effects on international competition and resource allocation, and alternatives and improvements are suggested. From national forms of competition policy a synthesis of international competition policies are derived. Currently reforms of the international competition order are heavily discussed and here a selection of the most important suggestions are presented, compared, and evaluated. Finally, this book offers strategies that might serve as second-best solutions, and though they may not be optimal for competition policy, they are politically feasible and an improvement on the current competition regulations. They would be a back-up in case the WTO competition regulations aren't realizable. |
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