The book provides both a legal and economic assessment of an increasingly important issue for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international economic law. However, liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position, being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of WTO law. By contrast, international investment law has been designed in an 'individualistic' manner from the outset - states agree reciprocally to grant certain procedural and substantial individual rights, which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law, the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law, liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from Member States to the EU and the nature of investment agreements as mixed agreements. Against this backdrop, exploring liability issues in the area of international economic law reveals a heterogeneous set of questions depending on the area of law concerned, thus offering different perspectives for studying liability issues.

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.

When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.

This is the third edition of the casebook providing an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, this casebook is an excellent starting point for learning about the Convention and will be particularly useful for international trade lawyers, practitioners and students. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS (R) 2010. The book features an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. Sample questions and answers are also included, which make it particularly helpful for self-study purposes.

Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.

This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

Every day, new warnings emerge about artificial intelligence rebelling against us. All the while, a more immediate dilemma flies under the radar. Have forces been unleashed that are thrusting humanity down an ill-advised path, one that's increasingly making us behave like simple machines? In this wide-reaching, interdisciplinary book, Brett Frischmann and Evan Selinger examine what's happening to our lives as society embraces big data, predictive analytics, and smart environments. They explain how the goal of designing programmable worlds goes hand in hand with engineering predictable and programmable people. Detailing new frameworks, provocative case studies, and mind-blowing thought experiments, Frischmann and Selinger reveal hidden connections between fitness trackers, electronic contracts, social media platforms, robotic companions, fake news, autonomous cars, and more. This powerful analysis should be read by anyone interested in understanding exactly how technology threatens the future of our society, and what we can do now to build something better.

Ausgehend von einer ausfuhrlichen Darstellung der Entwicklungslinien des Voelkerrechts analysiert Soeren C. Schwuchow die Entstehung von Jurisdiktionskonflikten im internationalen Luftraum vor dem Hintergrund rechtlicher Rahmenbedingungen sowie der strategischen Interessen der Staaten. Grundlage ist die Annahme, dass manche Regierungen "Kanonenbootdiplomatie" im Luftraum betreiben, indem sie uber umstrittenen Territorien gezielt Abfangmanoever provozieren, um die eigene Konfliktbereitschaft zu signalisieren. Der Autor analysiert modelltheoretisch die strategische Interdependenz der Staaten und uberpruft sie empirisch. Er liefert so einen Beitrag zum besseren Verstandnis der Bestimmungsgrunde staatlicher Aussenpolitik sowie der Ausgestaltung des Voelkerrechts.

Der kunftige Erfolg bzw. Misserfolg eines Unternehmens wird nicht nur vom bilanziell ausgewiesenen Sachkapital gepragt, sondern insbesondere auch vom fragilen immateriellen Asset Reputation. Es erfordert viel Zeit, um diesen zentralen Vermogenswert erfolgreich aufzubauen, wogegen ein Eintritt reputationswirksamer Risiken eine nachhaltige Reputationsschadigung schnell herbeifuhren kann. Christian Weissensteiner stellt ein theoretisch fundiertes Modell zur system immanenten Erweiterung des Risikomanagementprozesses vor, welches die mehrdimensionale und saliente Unternehmensreputation berucksichtigt. Wesentliche Reputationsbedrohungen werden systematisch und organisationsintern reflektiert und einer proaktiven Steuerung zugefuhrt, um einer Reputations-Destruktion vorzubeugen und somit das bedeutende immaterielle Asset Reputation nachhaltig zu bewahren."

The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

For decades, the public company has played a dominant role in the American economy. Since the middle of the 20th century, the nature of the public company has changed considerably. The transformation has been a fascinating one, marked by scandals, political controversy, wide swings in investor and public sentiment, mismanagement, entrepreneurial verve, noisy corporate "raiders" and various other larger-than-life personalities. Nevertheless, amidst a voluminous literature on corporations, a systematic historical analysis of the changes that have occurred is lacking. The Public Company Transformed correspondingly analyzes how the public company has been recast from the mid-20th century through to the present day, with particular emphasis on senior corporate executives and the constraints affecting the choices available to them. The chronological point of departure is the managerial capitalism era, which prevailed in large American corporations following World War II. The book explores managerial capitalism's rise, its 1950s and 1960s heyday, and its fall in the 1970s and 1980s. It describes the American public companies and executives that enjoyed prosperity during the 1990s, and the reversal of fortunes in the 2000s precipitated by corporate scandals and the financial crisis of 2008. The book also considers the regulation of public companies in detail, and discusses developments in shareholder activism, company boards, chief executives, and concerns about oligopoly. The volume concludes by offering conjectures on the future of the public corporation, and suggests that predictions of the demise of the public company have been exaggerated.

Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

Trade liberalisation can enhance the economic welfare of all trade partners, but in adjusting to greater competition, many import- competing firms and workers face difficult problems. Since 1962, Congress has responded to these adjustment costs by authorising trade adjustment assistance (TAA) programs for workers, firms, and farmers, and continues to monitor their performance and amend the governing legislation. This book discusses the Trade Adjustment Assistance for Firms (TAAF) program, which provides technical assistance to trade- affected firms to help them develop strategies to remain competitive in a dynamic international economy. Legislation has been introduced in the 113th Congress that would reauthorise TAA programs, which are set to expire on December 31, 2013. President Obama also has supported TAA reauthorisation, linking it to renewal of Trade Promotion Authority (TPA).

Es kommt nicht darauf an, die Zukunft vor herzusagen, sondem auf sie vorbereitet zu sein. PERIKLES Es gibt keinen guten Wind fur jene, die nicht wissen, wohin sie segeJn wollen. SENECA Wie weit reichend die zu diskutierenden Fragen sind, war auch den Herausgebem zu Beginn der Arbeiten nicht kIar. Erst die Auseinandersetzung mit diesem Thema aus der Sicht unterschiedlicher Professionen machte das AusmaB deutIich. Die Zusanunen stellung der Beitriige war begleitet von einer Vielzahl von Erkenntnisprozessen tiber die Komplexitiit der Fragestellungen. Wir danken den Autoren fUr ihre unkonventionelle und aufschlussreiche Zusanunen arbeit. Das Ergebnis sind interessante und zugleich nachdenklich stimmende Meinun gen und Anregungen zu den derzeitigen organisatorischen EntwickIungen in den Kran kenkassen. Mit allen Autoren gemeinsam konnte das Ziel verwirkIicht werden, das organisatorische Geschehen im Gesundheitswesen und in den Kassen mit Abstand und aus vielen verschiedenen Blickrichtungen zu betrachten. Das alles ware nicht moglich gewesen, wenn uns die Autoren nicht in unserer Meinung zur Notwendigkeit dieses Buches untersttitzt und mit ihren Ideen neue Facetten des Themas eroffnet hiitten. Das vorliegende Ergebnis ist ein deutlicher Beweis fUr die Verbundenheit der Autoren mit dem deutschen Gesundheitswesen und ihr tiberaus grolles Interesse daran, dass dieses System auch in Zukunft solidarisch und sozial im Interesse der Menschen funktionieren kann. Die Suche nach wirtschaftlichen und zu gleich qualitiitsverbessemden Losungen liegt allen am Herzen. Wir mochten an dieser Stelle auch unseren Ehepartnem und Kindem danken, die uns tiber eine lange Zeit untersttitzt haben, diese Buchidee neben unserem beruflichen Alltag zu verwirkIichen."

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.
The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialised regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.

Protectionism is the economic policy of restraining trade between states, through methods such as tariffs on imported goods, restrictive quotas, and a variety of other restrictive government regulations designed to discourage imports, and prevent foreign take-over of local markets and companies. This policy is closely aligned with anti-globalisation, and contrasts with free trade, where government barriers to trade are kept to a minimum. The term is mostly used in the context of economics, where protectionism refers to policies or doctrines which "protect" businesses and workers within a country by restricting or regulating trade with foreign nations. This book explores topics in relation to protectionism such as: collecting antidumping and countervailing duties, the impacts and implications for the U.S. in free trade agreements, trade remedy legislation, the impact of export restraints on rising grain prices and others. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

The book studies emergence and consolidation of voluntary sustainability standards (VSS); private standards defining sustainability-related product features. The book takes stock of their success and their potential in mediating between economic and non-economic concerns of global production. Despite their private and voluntary nature, VSS generate profound consequences for the producers seeking certification, for the consumers purchasing certified products, and for others affected by their standards. VSS are used by public authorities in the EU as a functional complement to public measures regulating global value chains. At this juncture of market proliferation and public use of private regimes, this book studies how public authority can control, coordinate and review VSS. It studies how the regulation of VSS could unfold through substantive and procedural legal requirements in the domain of European Union law and World Trade Organisation law, as well as through the incentives offered by VSS employment in public measures.

How can it be that people and businesses are ever unable to obtain credit? Why do lenders not simply increase the interest rate for high-risk borrowers? And if increased interest rates cant solve the problem, then surely the use of collateral can?As it turns out, things are not that simple. It seems that the laws of supply and demand do not fully apply to the credit market: low interest rates attract high demand, a part of which is never met, no matter what the interest rate. What is more, excessive interest rates seem to exacerbate the problem. Common knowledge holds that security interests provide at least a part of the answer, and yet economic theory has been ambiguous about them, to say the least.This book provides an in-depth analysis of both the general economic theory of secured lending, as well as the very concrete and detailed aspects of the legal framework in which it takes place, in Belgium and the United States. Legal practitioners will find a deeper economic understanding of how credit works, and answers to legal questions that no traditional, inside-the-box legal handbook will ever ask. Economists will find theory applied to, and checked by, the legal reality in which they necessarily operate, down to minute detail.

In this fresh, objective, and non-argumentative volume in the Elements of International Law series, Peter Hongler combines a comprehensive overview of the technical content of the international tax law regime with an assessment of its crucial relationship to wider international law. Beginning with an assessment of legal principles and foundations, the book considers key general principles, treaty based regimes, and regional integration in tax matters. In the second half of the work Hongler places international tax law in the context of its wider relationships with human rights law, and trade and investment law. He concludes by considering major legal successes and failures and what might be done to address these.

This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).

The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, "Regulation versus Litigation "sheds light on the costs and benefits of two important instruments of economic policy.