From modest beginnings in the early 1990's, a reform movement in the regulation of public procurement has mushroomed into a global imperative. Two fundamental values of international free trade policy--value for money and the deterrence of corruption--have brought intense scrutiny to bear on public procurement practices in nearly every country. Now international standards (notably those of the WTO and the EU) must be met if a trading nation is to take its place in the global markets. This collection of essays offers fifteen distinct views on the current status and trends in public procurement and its various aspects. From general discussion of setup, overcoming obstacles, ensuring transparency, and compliance with international rules to specific issues raised in economies as diverse as Kosovo, China, and the United States, "Public Procurement: The Continuing Revolution provides a great wealth of insight and information. Although the emphasis throughout is on legal issues, the contributors include not only lawyers but also economists and specialists in purchasing practice. In addition, this is the first book to note the relatively recent trend, in developed countries, toward a less prescriptive, more flexible approach to regulation in which a degree of transparency is sacrificed. The question of how this trend will affect international procurement regimes is perhaps the most viral and interesting aspect of current theory and practice in the field. "Public Procurement: The Continuing Revolution is of inestimable value not only to public procurement specialists, whatever their profession, but to a much wider audience who will recognise the decisive influence of this important economicactivity on the entire area embracing trade and even international relations. Most of these essays were originally presented as papers at an international conference hosted by the Public Procurement Research Group at the University of Nottingham in September 2001.

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the "right to development" within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author's professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

It aims to identify the reasons behind the approach toward international arbitration and the role that public policy plays in this regard. Although some previous scholarships have addressed the application of public policy exception in international arbitration, no study has provided a systematic and more in-depth analysis of the application of public policy exception as applied in the United States and Turkey. This book uses a comparative study approach to attempt to fill this lacuna.

In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations. This book focuses on the question why companies conclude GFAs, and identifies four groups of incentives: reduction and privatization of conflicts; public relations; promotion of equal competitive conditions; exogenous requirements and avoidance of public regulation. Based on an in-depth analysis of incentives considered to play a dominant role in the decision of companies to conclude GFAs, the book attempts to predict under which conditions GFAs can be expected to proliferate in the future.

This is a multidisciplinary volume comprising contributions from lawyers, scientists and policy makers on the globally significant issue of accessing biological, and ultimately genetic, resources for commercial and scientific purposes. This volume deals with a number of international instruments but emphasizes the Convention on Biological Diversity and considers the International Treaty on Plant Genetic Resources for Food and Agriculture, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, the rights of Indigenous Peoples, as well as issues in bioprospecting, scientific and commercial development. Consideration of the issues is raised at national, regional and international levels but here the focus is primarily the unique Australian experience, thereby reflecting the larger international debates between the developed nations and the megadiverse developing nations.

This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.

Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.

This book integrates important milestone cases with new analyses to provide comprehensive coverage of environmental law and economics. It covers important international topics, including interactions of global environmental features and public/private health, economics of the institutions for optimal environmental management, extension of the Polluter Pays Principle to the global arena (including international trade), improved approach to the usage of cost-benefit analysis methods, economic or environmental decision-making under risk aversion and uncertainty, integration of operations in world trade and finance with the ecology and economics of the environment, objective treatment of methods of compliance, and dispute settlement procedures in the international environmental disputes arena.

This book offers in-depth legal and political analysis concerning the compatibility of the Westphalian state model with globalization and the digital revolution. It explores the concept of democracy in a globalized world, discusses the legitimacy of economic integration in the global market, and presents three case studies (from Brazil, Taiwan and Spain) on the impact of social media on elections. It further entails novel perspectives on the impact of digitalization on national borders, and the role of citizens and experts in the shaping of globalization. A final chapter addresses the extent to which insights gained from the analysis of the abovementioned aspects will need to be considered in efforts to recover from the current global health and economic crisis.

This book clearly chronicles the evolution of Chinese VAT regulations, with a particular focus on the reforms of recent years. Covering all the provisions of the laws related to VAT, it also provides examples and implementation instructions. Practically structured and easy to consult, it allows readers to quickly find answers to questions that may arise in the course of their work. As such, the book is a valuable tool for accountants, advisors, lawyers, public officials and anyone working in the sector.

This book provides a critical comprehensive summary of the coevolution of telecom markets, rules and public institutions over the last 25 years, focusing on the challenges that regulators and policy makers have been facing. Even if the perspective of the book is European (as the EU regulatory framework is examined), most of the economic and institutional issues addressed are common to all telecom markets in advanced economies. The book addresses some traditional fundamental topics in the telecom regulation literature, as well as some hot-button topics in the current policy debate, e.g., ultrafast broadband and 5G networks, the relationship between investments and competition, the sector digitalisation and the role of OTTs. All these are relevant to students, researchers, and policy makers interested to get a sound understanding of the sector, its many dimensions and coevolutionary patterns.

The distribution of technology among enterprises and nations lies at the heart of international economic relations, affecting trade, investment, finance and economic policies, and is affected in turn by the political relations between nations. The need for effective transfer of technology to developing countries has acquired renewed urgency in recent years as production becomes increasingly knowledge-intensive and competition is determined more and more by the ability of enterprises to learn, to acquire and use knowledge, and to innovate. Access to knowledge has become key to economic success in the marketplace. This text discusses the background, objectives, approaches and progress achieved in the decade-long negotiations on an International Code of Conduct on the Transfer of Technology which took place under the aegis of UNCTAD. It examines the impact and continued relevance of the Code negotiations to subsequent policy and legislative instruments on international technology transfer, both at domestic and international levels, and identifies and examine emerging trends and negotiating agendas that will help to shape the future of international technological co-operation. The central question posed by the initiators of the Draft Code of Conduct is still relevant today - how can we facilitate a just and mutually beneficial system of technology flow in a world of rapid change and increasing gaps in the technological capability of developed and developing countries? The need for marginalized countries to access knowledge in order to learn, adjust and integrate effectively into the world economic system must be balanced with the vital need to reward inventors and innovators to ensure the continued generation of knowledge. It is these issues that will continue to dominate any future discussion on the international transfer of technology. This book will be a valuable work of reference on the evolution of international technological cooperation in the last quarter of the 20th century, as well as a useful guide to policymakers, scholars and international negotiators dealing with these and related issues of international economic cooperation.

This book provides a detailed examination of the issue of conformity of goods and documents under the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). This issue lies at the heart of sales law and is one of the most frequently litigated. The book explores: the Convention's requirements as to quality, quantity, description and packaging of the goods (conformity); the requirements flowing from the need for the goods to be free from rights or claims of third parties; and the questions of what documents the seller must deliver to the buyer and what constitutes a 'good' document under the CISG. The book engages extensively with a substantial body of cases decided under the CISG and academic commentary. It systematises the Convention's experience to date with a view to turning it into an integrated, comprehensive and distinctive CISG legal regime on conformity of goods and documents. The analysis is comparative and draws on the experience of some major domestic legal systems, such as English and US law. The focus is both analytical and practical. The book will be of interest to legal practitioners, academic lawyers and students with an interest in international and comparative sales, commercial and contract law.

Modern investment treaties give private arbitrators power to determine whether governments should pay compensation to foreign investors for a wide range of sovereign acts. In recent years, particularly developing countries have incurred significant liabilities from investment treaty arbitration, which begs the question why they signed the treaties in the first place. Through a comprehensive and timely analysis, this book shows that governments in developing countries typically overestimated the economic benefits of investment treaties and practically ignored their risks. Rooted in insights on bounded rationality from behavioural psychology and economics, the analysis highlights how policy-makers often relied on inferential shortcuts when assessing the implications of the treaties, which resulted in systematic deviations from fully rational behaviour. This not only sheds new light on one of the most controversial legal regimes underwriting economic globalization but also provides a novel theoretical account of the often irrational, yet predictable, nature of economic diplomacy.

This book is the first attempt to establish a collaborative and interdisciplinary field of economics and legal studies. It is designed to help readers - advanced undergraduate and graduate students, but also fellow scholars who are interested in interdisciplinarity - to think through the dual lenses of economics and law. "Econo-Legal Studies," as we call it, is an economics that pays greater attention to the perspective and heritage of legal studies, and at the same time legal studies that fully utilize the views and methods of economics - while "law and economics" is just a one-way economic approach to law focusing on the effects of the latter on efficiency. The aim of this book is to encourage readers to think like economists and, at the same time, legal scholars as they analyze complex real-world issues. It presents stimulating discussions on the intersection of law and economics, the differences and unexpected similarities between the two perspectives, and the new insights to be gained when approaching a problem from both angles. For this purpose, the extensive corpus of knowledge produced within the framework of the Econo-Legal Studies interdisciplinary program at Kobe University can be capitalized on. Basic knowledge of both economics and law is also included in this volume, making it an engaging read for beginners in both fields as well.

This book examines the intersection of WTO trade liberalisation rules and domestic health protection, a subject that is of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. In analysing the tension between health protection and trade liberalisation, the book focuses on the way in which this tension is (or is not) resolved through the dispute resolution process. It offers a detailed analysis of the relevant WTO rules and case law, identifying particular concerns relating to the ability of WTO Members to take protective action in circumstances of scientific uncertainty and the role of social and cultural factors in the making of health-related regulations. The nature of scientific evidence and the extent to which the scientific process internalises uncertainty is further explored, drawing on documentation relating to the theory and conduct of scientific risk assessment. Despite the popularity of the precautionary principle in some quarters, it is suggested that it may not be advisable for the WTO to adopt that principle. Rather, further attention should be paid to the role that the standard of review might play in easing the tensions that arise when a sovereign state's health regulations are reviewed by the WTO. The origins of the WTO's 'objective assessment' standard of review are explained, but the standard itself is criticised. Options for developing the standard of review are considered, with a 'reasonable regulator' standard based on the Asbestos case proposed. The book takes a comparative approach, drawing on ECJ cases reviewing Member State and Community health measures as well as US judicial review and commerce clause cases.

As the ultimate arbiter in the global trade regime, the dispute settlement system of the World Trade Organization (WTO) is a body whose workings should be known to business people and their counsel everywhere. Here is a book - reviewed for accuracy by the WTO but written independently - that provides an uncomplicated but thorough explanation of the system, its purpose, its rules, and the role it plays in the management of the international economy. Peter Gallagher, a former trade negotiator and a specialist in the Uruguay Round agreements, answers such questions as: what sort of disputes does the WTO deal with?; can business or citizens use the WTO dispute system?; is it possible to get a temporary injunction to stop some action?; how much does it cost a to bring a case?; how far can you keep on appealing a decision?; what processes does a Panel follow?; what does the Appellate Body review?; what process does the Appellate Body follow?; how does intervention by other parties affect a dispute? As a handy guide to "bringing a case" before the WTO, or responding to a case already in progress, this easy-to-use book should prove an ideal starting point for lawyers, business people, or government officials confronted with a disputable trade issue.

In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The "plurilateral" WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity - more than 10 per cent of gross domestic product in most countries. This study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade; the institutional structure for dealing with government procurement in the GATT/WTO system; the impact of relevant WTO law on national legal systems; the types of contracts and entities covered in the Agreement on Government Procurement; how the National Treatment principle and the Most Favored Nation obligation affect government procurement; rules of WTO contract award procedure and the controversy over their interpretation and revision; the free trade versus social and environmental issues question in the context of government procurement; and the monitoring and enforcement of WTO procurement rules. Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments.

This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis-declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller. This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.

This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored, including topics such as e-globalization and digital economy, corporate governance, risk management, and risk development, followed by a quantitative econometric analysis which utilizes regressions stipulating the scale of the impact. In the second part, the author presents the law of AI, covering topics such as the law of electronic technology, legal issues, AI and intellectual property rights, and legalizing AI. Case studies from different countries are presented, as well as a specific analysis of international law and common law. This book is a must-read for scholars and students of law, economics, and business, as well as policy-makers and practitioners, interested in a better understanding of legal and economic aspects and issues of AI and how to deal with them.

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix. The editors have organized the book according to the theories underlying the protection of international intellectual property rights. For example, they have considered the historical and philosophical foundation of copyright protection in the context of the protection of culture and personality, while issues regarding compulsory licensing to ensure public use of certain forms of intellectual property have been illustrated by examples drawn from patent protection. The problem of "harmonization" is addressed through many diverse examples from intellectual property protection. And the closely-related field of the protection of cultural patrimony is also included.

This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China-EU Comprehensive Strategic Partnership.

The 2004 volume of the "Comparative Law Yearbook of International Business" contains a wide variety of topics of interest to international commercial lawyers and their clients. Various areas of Company Law are discussed, including mergers and acquisitions, piercing the corporate veil and the financing of share acquisitions. The Yearbook also contains several chapters on investments and securities, including the need for corporate governance in this area, and the role of collective investment schemes in Bermuda. Some chapters deal with the introduction of new technology into the realm of commerce, particularly new legislation relating to e-commerce and the Competition Law issues encountered by the telecommunications industry. The introduction and effects of new legislation generally are also addressed, including the new Ukrainian Commercial Code and Brazilian Civil Code. In addition to discussions on intellectual property, arbitration and asset protection, the Yearbook contains a section on real property rights, including a very interesting comparison between the way in which China and Indonesia view property rights, and the treatment received by such rights in Western society. Various areas of law are also looked at from a European point of view, such as the increase in America-style asbestos litigation in Europe, the hiring out of workers within Europe and the effect of the European Convention on Human Rights upon business. With the ever-increasing introduction of new technology, the expansion of global communications, new attitudes towards business and commerce and increased awareness of personal and property rights, there is a constant need for the law to develop in order to adequately deal with these issues. The yearbook branches out into some of the innovative and topical areas of contemporary law, and should be of great interest to anyone involved in modern-day business.