Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.

Plant genetic resources are crucial for world agriculture, food security and the global economy. The patents and intellectual property rights (IPRs) associated with the development of new crops and other products are often critical to trade. Yet there is no unified international framework for a fair IPR regime in genetic resources.This book examines the international agreements relevant to IPRs: the Convention on Biological Diversity (CBD), the World Trade Organization's TRIPS Agreement; and the Convention of the International Union for the Protection of New Varieties of Plants (UPOV). It sets out to establish an equitable IPR regime for biodiversity taking into account: ethical concerns over patenting life forms; environmental and social impacts; technology transfer; and the relation between traditional knowledge and IPRs.The book provides the first full-scale account of how to integrate the requirements of the CBD into the global IPR regime.Published in association with the World Conservation Union.

This authoritative collection demonstrates the increasing application of the law and economics methodology to the problems of developing countries. At the foundation of this application is the institutional approach to economic development, which emphasises the success or failure of key institutions in facilitating development. The impact on future research will be far-reaching and is expected to dominate the debate on development issues for a long time to come. There has been an outpouring of literature, both theoretical and empirical, that examines various facets of development from an institutional perspective and emphasises the crucial role played by the legal system in the economic development of nations. The editors have drawn together a careful selection of the key papers for inclusion in this volume, which will be an invaluable reference for lawyers, economists and development practitioners.

Published in 1997, in this book an attempt has been made to analyze the legal structure of GATT and the WTO as well as those agreements which control trade in textiles. One of the GATT's major failures was its inability to come into line with the new economic reality and the needs of those states who created this system for controlling international trade. Trade in textiles was an excellent example of this. Now, the WTO aims to overcome this problem thanks to its greater pragmatism and its search for solutions to free trade difficulties. The WTO is not, however, the perfect solution. Its highly political character allows room for improvement even though the key to its success still lies with the effective cooperation of member states. As for the textile sector, this new panorama for trade in goods provides it with a new opportunity to finally return to the general legal framework in the year 2005.

To reflect the need for increasing expertise in a highly complex legal arena, the Conseil International du Batiment pour la Recherche L'Etude et la Documentation (CIB) inaugurated an international task force, TG15, to study the area of construction disputes around the world, which now has more than 120 members in 30 countries. Drawing from an international expert author based from the CIB taskforce, and edited by coordinators of TG15, experts representing both the legal and construction professions, this book aims to provide a first reference for those considering, or already, working in the international workplace. Each of the 25 national monographs report on construction dispute practice and procedure according to a standard format, providing the reader with the necessary tools for managing conflicts and resolving disputes on construction projects in different countries.

World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.

Patents, including pharmaceutical patents, enjoy extended protection for twenty years under the TRIPs Agreement. The Agreement has resulted in creating a two-tier system of the World Trade Organisation Member States, and its implementation has seen the price of pharmaceutical products skyrocket, putting essential medicines beyond the reach of the common man. The hardest hit populations come from the developing and least developed countries, which have either a weak healthcare system or no healthcare at all, where access to essential and affordable medicines is extremely difficult to achieve. Pharmaceutical Patent Protection and World Trade Law studies the problems faced by these countries in obtaining access to affordable medicines for their citizens in light of the TRIPS Agreement. It explores the opportunities that are still open for some developing countries to utilise the flexibilities available under the TRIPS Agreement in order to mitigate the damage caused by it. The book also examines the interrelationship between the world governing bodies, and the right to health contained in some of the developing country's national constitutions.

This book provides a detailed analysis of the legal framework in which the energy trade between the European Union and the Russian Federation has been conducted. Using case studies of eight member states, it critically examines the EU's ability and the duty of its Member States to conduct their external energy trade in accordance with the principle of solidarity. Providing a comprehensive analysis of the principle of solidarity as provided in the acquis communautaire of the EU, the book critically analyses the legal framework pertaining to EU-Russia energy trade to ascertain whether, and to what extent, it satisfies the requirements of the rule of law.

EU services law is an emerging area of scholarship of great practical importance. This book is the first major contribution to the analysis and the development of the right to provide services. It is authoritative and represents different views on many of the pressing problems of the area.

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?

Originally published in 1996. The Montreal Protocol on Substances that Deplete the Ozone Layer is one of the most effective multilateral environmental agreements currently in existence. Established to control the production and consumption of CFCs and other ozone-depleting chemicals, the Protocol is an important example of an agreement which places restrictions on international trade in the interests of the global environmental - a feature which may become common in future treaties. This report examines the development, effectiveness and future of the trade provisions of the ozone regime, concluding that they have contributed significantly to its success in attracting signatories and in limiting ozone depletion. Issues considered include the compatibility of the trade provisions and the GATT, trade restrictions and developing countries, and the new problems of non-compliance and illegal trade in CFCs.

This book, first published in 1888 and reprinted in 1974, offers a history of US protective tariffs and their consequences for that country's international trade, particularly with Great Britain. Its aim was to present to the reader the arguments for and against the opposing principles of protection and free trade, and in this it is successful - the book is a comprehensive analysis of the issue, seen from a time when the debate was perhaps at its most intense.

This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

With the accession of Afghanistan in 2016, the World Trade Organization (WTO) numbered 164 members with nineteen other states in line to join. The WTO is certainly not alone in its growth though; the Organization for Economic Cooperation and Development (OECD), the North Atlantic Treaty Organization (NATO), and the European Union (EU) are all expanding with dozens of states continuing to negotiate their potential membership. What impact does membership in international organizations really have? Why do some states have a seemingly easy path to joining international organizations while others find the process nearly impossible? What implications do these difficult accession processes have on the domestic and international politics of the acceding states? The author presents the two-level theory of accession, which highlights factors at the domestic level and international organization level, to explain how accession processes in the WTO and EU vary from state to state and the impact of these variations. In so doing, this book provides a unique perspective on the topic of membership in international organizations.

This timely book examines the Belt and Road Initiative (BRI), assessing its effect on the international economic order and global governance more broadly. Through a variety of qualitative case studies the book investigates the implementation of the BRI and evaluates its development outcomes both for China and the countries it interacts with under the initiative, along with its international implications. Chapters discuss as-yet-unexplored cases from the ground in brand new studies based on fieldwork by leading academics, as well as providing alternative readings of the rationale behind the BRI. Questions about connectivity and the financial implications of Chinese investments are addressed, taking a balanced approach that demonstrates the complexity and nuance of these issues, and the far-from-linear impact that the BRI is having on global governance. This incisive book will be critical reading for scholars and policy makers working on China and global governance. It will also provide useful insights for officials and practitioners working in BRI countries and international institutions, think-tanks and NGOs. Contributors include: M.A. Carrai, J.-C. Defraigne, J.-F. Di Meglio, D. Freeman, F. Godement, A. Halegua, N. Kassenova, C.-C. Kuik, C. Ljungwall, S. Nanwani, T. Pairault, U. Wissenbach, J. Wouter

Since their introduction in 1984, milk quotas have become a prominent feature of the Common Agricultural Policy. The vigorous and yet at times questionable trade in milk quotas is a strong indication that its legal ramifications are underestimated at their peril. Indeed practitioners in this area cannot afford to ignore the astonishingly large number and high value of dealings in quota. Academics as well are no longer in doubt as to the importance of quota legislation and its ramifications. Milk quotas constitute a major and novel extension of Community power in the agricultural sector and represent a potent force in the development of Community law. Indeed, the Common Agricultural Policy gives rise to the single largest body of cases before the European Court of Justice with milk quotas taking a leading role. This indispensable and up-to-date practitioner's manual explores the influence that milk quotas have had on both EC and UK legislation. The author examines exactly how these quotas operate in relation to landlords, tenants, taxation and, consequently, rural culture itself. He goes on to consistently link the domestic effects of milk quota legislation to the European Court of Justice and identifies ways in which milk quota regulation is influencing other areas of EC law.

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Food safety has become a major concern for consumers in the developed world and Europe in particular. This has been highlighted by the recent spate of food scares ranging from the BSE (mad cow) crisis to Chinese melamine contamination of baby formula. To ensure food safety throughout Europe, stringent food safety standards have been put in place 'from farm to fork'. At the same time, poor African countries in the COMESA rely on their food exports to the European market to achieve their development goals yet have difficulty meeting the EU food safety standards. This book examines the impact of EU food safety standards on food imports from COMESA countries. It also critically examines both EU and COMESA food safety standards in light of the WTO SPS Agreement and the jurisprudence of the WTO panels and Appellate Body. The book makes ground-breaking proposals on how the standards divide between the EU and the COMESA can be bridged and discusses the impact of EU food safety standards on food imports from poor African countries.

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practising and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2021: Volume 1 reports on United States - Anti-Dumping and Countervailing Duties on Ripe Olives from Spain (WT/DS577).

The second half of the twentieth century saw the emergence of international economic law as a major force in the international legal system. This force has been severely tested by the economic crisis of 2008. Unable to prevent the crisis, the existing legal mechanisms have struggled to react against its direst consequences. This book brings together leading experts to analyse the main causes of the crisis and the role that international economic law has played in trying to prevent it, on the one hand, and worsening it, on the other. The work highlights the reaction and examines the tools that have been created by the international legal field to implement international cooperation in an effort to help put an end to the crisis and avoid similar events in the future. The volume brings together eminent legal academics and economists to examine key issues from the perspectives of trade law, financial law, and investment law with the collective aim of reform of international economic governance.

This original commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the Washington Convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution and arbitration rules as well as the administrative and financial regulations. Key features include: Contributions from leading practitioners, academics and government officials in the field of international investment law and arbitration, drawn from different backgrounds and jurisdictions to give an exhaustive view of the topic Analysis of current thinking around proposed amendments to ICSID Rules, together with an examination of potential future developments in their interpretation and implementation Inclusion of the full text of the Convention, Regulations and Rules provided for ease of reference Detailed commentary on the Convention, Regulations and Rules, including up-to-date analysis of all significant case-law. Highly practical information and insights presented in an accessible format, ideal for use by Arbitration Tribunals. This unique and comprehensive work will be an essential resource for practising lawyers and policy-makers in the investment arbitration community. The book will also be an important reference work for researchers and academics in international investment law and international arbitration.

This book examines the growing interaction between private enterprises and public officials to challenge foreign trade barriers. Building on more than one hundred interviews with former and current trade officials and private attorneys in the United States and Europe, Gregory Shaffer calls attention to the ways in which well-organized private parties are using the World Trade Organizations legal system to advance their own commercial ambitions, and how public officials increasingly are dependent on their assistance. Shaffer assesses the historical, political, legal, economic, and cultural factors that have affected the formation of these ad hoc public-private partnerships, as well as trends in the European Union toward U.S.-style practice. He considers the implications of these public-private trade litigation networks for the effectiveness and equity of the WTO system and the stability of U.S.-E.U. relations.

Not since man set foot on the moon over four decades ago has there been such passion and excitement about space exploration. This enthusiasm and eagerness has been spurred on by the fact that for the first time since the very beginning of the space age, space travel is no longer limited to an elite group of highly trained and well-disciplined military officers and test pilots. Instead, we must understand that the possibility of commercial space travel is already on our horizon and that it comes with a number of significant practical and moral challenges. Our level of scientific development and ability to influence international affairs and policy confers upon us an obligation to study the ethical, legal and social considerations associated with space exploration and understanding the potential consequences from the beginning is critical. This volume provides the first comprehensive and unifying analysis concerning the rise of private space exploration, with a view toward developing policy that may influence real-world decision making. The plethora of questions demanding serious attention - privatisation and commercialisation, the impact on the environment, health futures, risk assessment, responsibility and governance - are directly addressed in this scholarly work.

The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa's participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa's foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike. -- .