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

Navigating the Free Trade-Fair Trade Fault-Lines (Hardcover): Michael J. Trebilcock Navigating the Free Trade-Fair Trade Fault-Lines (Hardcover)
Michael J. Trebilcock
R2,409 Discovery Miles 24 090 Ships in 12 - 17 working days

Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy. Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China. Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.

International Investment Law and General International Law - Radiating Effects? (Hardcover): Christian J. Tams, Stephan W.... International Investment Law and General International Law - Radiating Effects? (Hardcover)
Christian J. Tams, Stephan W. Schill, Rainer Hofmann
R4,147 Discovery Miles 41 470 Ships in 12 - 17 working days

This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law.

Governing Science and Technology under the International Economic Order - Regulatory Divergence and Convergence in the Age of... Governing Science and Technology under the International Economic Order - Regulatory Divergence and Convergence in the Age of Megaregionals (Hardcover)
Shin-yi Peng, Han-Wei Liu, Ching-Fu Lin
R4,097 Discovery Miles 40 970 Ships in 12 - 17 working days

Against the backdrop of the recent trend towards mega-regional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation. With contributions from leading scholars in the field, this book presents a collaborative effort to map out the new dynamics shaped by scientific and technological advances and corresponding regulatory approaches. Starting with the trend of regulatory cooperation, the book focuses on prominent fields in international trade, information technology, energy, and public health. The final section reflects upon the position of intellectual property rights, a key concern in cross-border trade. This work is the first of its kind to give a timely review and assessment of the most critical challenges facing policymakers and academics in the newest wave of transformation in global trade governance. The book will appeal to academics who are researching in international economic law, technology law and policy, and political science. Practitioners and policy makers who are active in the field of international trade will also find great value in this work. Contributors include: W.-M. Choi, S.-J. Feng, M.-Z. Gao, B. Hazucha, C.-F. Lin, H.-W. Liu, C.-F. Lo, P. Mavroidis, B. Mercurio, Y. Naiki, S.-Y. Peng, S. Shadikhodjaev, R.H. Weber, M. Wu, P. Yu

Cross-Border Mergers and Acquisitions - The Case of Merger Control v. Merger Deregulation (Hardcover): Mohammad Bedier Cross-Border Mergers and Acquisitions - The Case of Merger Control v. Merger Deregulation (Hardcover)
Mohammad Bedier
R3,859 Discovery Miles 38 590 Ships in 12 - 17 working days

This book demystifies the dynamics of cross-border mergers and acquisitions; from the preliminary agreements and due diligence, to valuation, structuring, financing, and the eventual closing of the deal. It examines merger incentives and efficiencies, in theory and in empirical findings. The author adeptly identifies the impediments facing cross-border mergers and acquisitions and focuses on pre-merger control laws and regulations, particularly those of the US, EU, and Middle East. Consideration is also given to merger deregulation and other key reforming proposals. The book will be a useful resource for students and scholars with an interest in mergers and acquisitions, antitrust laws, and corporate history. Legal Professionals and those in related fields will gain a practical understanding of how to tailor their deals to overcome the unique impediments associated with cross-border transactions. Policy makers will also find the information and assessment criteria developed in the book to be a useful tool for evaluating and designing policy.

China-European Union Investment Relationships - Towards a New Leadership in Global Investment Governance? (Hardcover): Julien... China-European Union Investment Relationships - Towards a New Leadership in Global Investment Governance? (Hardcover)
Julien Chaisse
R3,549 Discovery Miles 35 490 Ships in 12 - 17 working days

The subject of investment relationships between the European Union and China is an increasingly vital topic to understand, yet academic literature has until now been underexplored. Bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, which will prove to be vital in the field of international economic law. Divided into three parts, this book deals with the key issues of the EU-China investment partnership and its implications, both internally and internationally. Each chapter in China-European Union Investment Relationships covers a core theme of the subject of international economic law, including competition law, financial regulation, economic integration and dispute resolution. Covering the key topics in the area, and drawing diverse perspectives into a single collection, this book is an important resource for scholars and practitioners in legal and policy fields, and will be invaluable for students of trade and investment law to understand in more detail human rights and environmental law and policy. Contributors include: J. Baumgartner, J. Chaisse, N.B. Duong, D. Freeman, M. Hodgson, J. Hu, J. Jemielniak, C.-C. Kao, P. Kerneis, D.J. Lewis, F. Lupo-Pasini, E. Neframi, F.D. Simoes, V.V. Thien, C. Titi, C.-H. Wu

Research Handbook on EU Economic Law (Hardcover): Federico Fabbrini, Marco Ventoruzzo Research Handbook on EU Economic Law (Hardcover)
Federico Fabbrini, Marco Ventoruzzo
R6,210 Discovery Miles 62 100 Ships in 12 - 17 working days

The Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration (Hardcover): Valentina... Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration (Hardcover)
Valentina Vadi
R3,552 Discovery Miles 35 520 Ships in 12 - 17 working days

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals? use of the concepts of proportionality and reasonableness to review the compatibility of a state?s regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations. This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.

Research Handbook on Transnational Labour Law (Paperback): Adelle Blackett, Anne Trebilcock Research Handbook on Transnational Labour Law (Paperback)
Adelle Blackett, Anne Trebilcock
R1,776 Discovery Miles 17 760 Ships in 12 - 17 working days

The editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice. Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality. The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law. Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy. Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.Zimmer

Accession to the World Trade Organization - A Legal Analysis (Hardcover): Dylan Geraets Accession to the World Trade Organization - A Legal Analysis (Hardcover)
Dylan Geraets
R3,725 Discovery Miles 37 250 Ships in 12 - 17 working days

This detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ?rules? and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system. Taking an integrated approach, the author combines the results of a Mapping Exercise of all 36 Protocols of accession with a legal analysis of the decisions by the WTO Dispute Settlement Body involving Protocols of Accession. In doing so, this book provides the first comprehensive analysis of the issue of Member-specific ?WTO-Plus? commitments in Protocols of Accession. Whilst addressing the institutional and historical aspects of the WTO accession process, it provides a vital update to the existing scholarship on WTO accession, offering coverage of all accessions including those of Afghanistan, Kazakhstan and Liberia. Accession to the World Trade Organization will be invaluable reading for academics interested in WTO accession practice, as well as lawyers, practitioners and government officials in the field of WTO accession.

A Guide to State Succession in International Investment Law (Hardcover): Patrick Dumberry A Guide to State Succession in International Investment Law (Hardcover)
Patrick Dumberry
R4,674 Discovery Miles 46 740 Ships in 12 - 17 working days

A Guide to State Succession in International Investment Law is the first work of its kind to provide a comprehensive analysis of State succession issues arising in the context of international investment law. The book examines the legal consequences in the field of investor-State arbitration arising from the disappearance or the creation of a State, or from a transfer of territory between States. Specifically, it analyses whether a successor State is bound by the investment treaties (bilateral and multilateral) and the State contracts which had been signed by the predecessor State before the event of succession. Key features include:? Much-needed examination of the practice of States in the context of succession to bilateral, multilateral treaties and State contracts? comprehensive and up-to-date analysis of international arbitration cases involving issues of State succession? practical guidance on the application of Rules of State succession in investment arbitration cases, including when succession occurs during arbitral proceedings ? assessment of the theoretical reasoning behind previously unexplored issues in State succession. Actors who are called upon to apply Rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance. Researchers in the field of international investment law will also find this to be a compelling text, with strong theoretical foundations.

Natural Resources and Sustainable Development - International Economic Law Perspectives (Paperback): Celine Tan, Julio Faundez Natural Resources and Sustainable Development - International Economic Law Perspectives (Paperback)
Celine Tan, Julio Faundez
R1,119 Discovery Miles 11 190 Ships in 12 - 17 working days

The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute. Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law. This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations. Contributors include: S. Adelman, J.P. Bohoslavsky, C. Buggenhoudt, L. Cotula, D. Davitti, J. Faundez, J. Justo, L. Martin, J. McEldowney, S. McEldowney, C. Ochoa, D. Ong, M. Picq, F. Smith, C. Tan, J. Van Alstine, E. Wilson

Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws (Hardcover): Mike Koehler Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws (Hardcover)
Mike Koehler
R3,814 Discovery Miles 38 140 Ships in 12 - 17 working days

In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: 'you just don't bribe.' The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.

Dumping and Antidumping Trade Protection (Hardcover): Bruce A. Blonigen, Thomas J. Prusa Dumping and Antidumping Trade Protection (Hardcover)
Bruce A. Blonigen, Thomas J. Prusa
R10,977 Discovery Miles 109 770 Ships in 12 - 17 working days

Antidumping trade protection is one of the most frequent and ubiquitous trade policies in the global economy. This review discusses the key reference pieces in the antidumping literature that have critically defined and shaped what we know about this important and unique form of trade protection. The review critically analyzes the literature and discusses its future directions - it is an important research tool not only for new and established scholars in international economics, but also policymakers and legal scholars.

EU Trade Law (Hardcover): Rafael Leal-Arcas EU Trade Law (Hardcover)
Rafael Leal-Arcas
R3,523 Discovery Miles 35 230 Ships in 12 - 17 working days

This comprehensive book provides a thorough analytical overview of the European Union's existing law and policy in the field of international trade. Considering the history and context of the law's evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU's present role in the World Trade Organization (WTO) framework. Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States. Additional thought is given to the role of major EU institutions and their balance within EU trade law and policy, and the tension between efficiency and accountability in decision-making processes in EU trade policy is further considered. Students and scholars working in the field of European and international trade law and policy, and international economic law and policy more generally, will find this a clear and useful resource. Practitioners seeking a clear and up-to-date insight into the area will also appreciate this important work.

International Trade and International Investment (Hardcover): Gianmarco I.P. Ottaviano International Trade and International Investment (Hardcover)
Gianmarco I.P. Ottaviano
R9,052 Discovery Miles 90 520 Ships in 12 - 17 working days

Providing insights on the products of a unique period for academic research in international economics, this review is an important piece of literature for a vital area of study. Highlighting main issues such as welfare gains and losses, trade patterns and international transaction interventions, the author provides a timely and comprehensive research review on the heavily debated topic of international trade and investment.

Local Engagement with International Economic Law and Human Rights (Hardcover): Ljiljana Biukovic, Pitman B. Potter Local Engagement with International Economic Law and Human Rights (Hardcover)
Ljiljana Biukovic, Pitman B. Potter
R3,538 Discovery Miles 35 380 Ships in 12 - 17 working days

International economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law. Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. Vadi

Energy Security, Trade and the EU - Regional and International Perspectives (Hardcover): Rafael Leal-Arcas, Costantino Grasso,... Energy Security, Trade and the EU - Regional and International Perspectives (Hardcover)
Rafael Leal-Arcas, Costantino Grasso, Juan Alemany Rios
R4,462 Discovery Miles 44 620 Ships in 12 - 17 working days

Energy security is a burning issue in a world where 1.4 billion people still have no access to electricity. This book is about finding solutions for energy security through the international trading system. Focusing mainly on the European Union as a case study, this holistic and comprehensive analysis of the existing legal and geopolitical instruments strives to identify the shortcomings of the international and EU energy trade governance systems, concluding with the notion of a European Energy Union and what the EU is politically prepared to accept as part of its unified energy security. This snapshot of multilateral, regional and bilateral energy trade governance deals with energy transit from the perspective of the Energy Charter Treaty as a means to enhance EU energy security, and examines the system of law and governance of international trade in unconventional fossil fuels. The authors analyze concerns that arise from preferential trade agreements and renewable energy from the EU's perspective, and explain how the EU can diversify its energy supply to improve its energy security. This book will be of interest to students, scholars, lawyers, economists, policymakers, and think tanks dealing with the links between energy security and international trade, as well as those communities relating to other energy-related disciplines.

Public Private Partnership for WTO Dispute Settlement - Enabling Developing Countries (Hardcover): Amrita Bahri Public Private Partnership for WTO Dispute Settlement - Enabling Developing Countries (Hardcover)
Amrita Bahri
R3,207 Discovery Miles 32 070 Ships in 12 - 17 working days

Public Private Partnership for WTO Dispute Settlement is an interdisciplinary work examining the growing interaction between business entities and public officials. Crucially, it identifies how this relationship can enable developing countries to effectively utilize the provisions of the World Trade Organization Dispute Settlement Understanding (WTO DSU). Building on more than five years of empirical investigation, Amrita Bahri reflects on the dispute settlement partnership experiences of the top DSU users from the developed and developing world. This enables her to evaluate a diverse range of dispute settlement partnership strategies, which have allowed the governments involved to harness resources and expertise from the private sector. With practical suggestions on dispute settlement capacity building, this book provides a roadmap to policymakers, industry representatives and legal professionals on how to effectively engage with business entities for the resolution of international trade conflicts. It also provides a template for teaching and research activities to scholars focusing on international trade law, development studies and international dispute settlement.

Research Handbook on Intellectual Property Exhaustion and Parallel Imports (Hardcover): Irene Calboli, Edward Lee Research Handbook on Intellectual Property Exhaustion and Parallel Imports (Hardcover)
Irene Calboli, Edward Lee
R7,219 Discovery Miles 72 190 Ships in 12 - 17 working days

This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace? The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area. This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale. Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. Yu

Regulatory Autonomy in International Economic Law - The Evolution of Australian Policy on Trade and Investment (Hardcover):... Regulatory Autonomy in International Economic Law - The Evolution of Australian Policy on Trade and Investment (Hardcover)
Andrew D. Mitchell, Elizabeth Sheargold, Tania Voon
R3,360 Discovery Miles 33 600 Ships in 12 - 17 working days

Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia's trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor-State dispute settlement. Through a critical exploration of evolving patterns of treaty practice, the authors address the complex relationship between international economic law and a State's regulatory autonomy in the key areas of intellectual property, services, and investment. This insightful investigation highlights problems of inconsistency across treaties, limited transparency and consultation in the negotiation of treaties, and increasing restrictions on policy space in intellectual property protection. These factors are all crucial in preserving a country's ability to pursue policy objectives such as protecting public health and the environment while capturing the benefits of international trade and foreign investment. This discerning book will prove instrumental to scholars and practitioners in the fields of international trade law, international investment law, public international law, and intellectual property. It will also appeal to government agencies and international organisations working in these areas or in matters of public health or the environment.

Investment Treaty Arbitration - Problems and Exercises (Hardcover): Kaj Hober Investment Treaty Arbitration - Problems and Exercises (Hardcover)
Kaj Hober; As told to Joel Dahlquist Cullborg
R5,380 Discovery Miles 53 800 Ships in 12 - 17 working days

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyze all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key features include: ? extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases? exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master?'s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

Advanced Introduction to International Investment Law (Paperback): August Reinisch Advanced Introduction to International Investment Law (Paperback)
August Reinisch
R610 Discovery Miles 6 100 Ships in 12 - 17 working days

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written from a public international lawyer's perspective, this short but significant book gives a broad overview of international investment law (IIL), explaining core concepts of investment protection, their evolution, and how investment tribunals have interpreted them. It examines the main features of the prevailing investment dispute settlement system and takes into account historic antecedents and possible future developments. August Reinisch facilitates easy access to the field by putting international investment law into its broader historical, political and legal context. Key features include: a combination of academic and practical perspectives a broad-based contextual introduction a nuanced, integrated overview of the links and connections between different areas of international investment law. This Advanced Introduction is an indispensable guide for students of law, political science, international relations and economics. Comprehensive and accessible, it is essential reading for lawyers, scholars and policy advisors seeking to further their understanding of international investment law.

The Law and Policy of Harmonisation in Europe's Internal Market (Hardcover): Isidora Maletic The Law and Policy of Harmonisation in Europe's Internal Market (Hardcover)
Isidora Maletic
R2,901 Discovery Miles 29 010 Ships in 12 - 17 working days

At times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maletic forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.' - Hans Micklitz, European University Institute, Italy'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.' - Veerle Heyvaert, London School of Economics, UK This innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process. Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards. This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration. Contents: Foreword Introduction 1. The Harmonisation of the Internal Market 2. EU Competence in the Internal Market 3. Regulatory Differentiation in the Internal Market 4. The Harmonisation Model Under Article 114 TFEU in Practice 5. Appraisal and Reform Proposals Bibliography Index

Handbook of Research on Counterfeiting and Illicit Trade (Hardcover): Peggy E. Chaudhry Handbook of Research on Counterfeiting and Illicit Trade (Hardcover)
Peggy E. Chaudhry
R6,495 Discovery Miles 64 950 Ships in 12 - 17 working days

This unique Handbook provides multiple perspectives on the growth of illicit trade, primarily exploring counterfeits and internet piracy. The expert contributions, drawn from the private sector, the legal community, and leading enforcement and anti-counterfeiting agencies, cover a wide range of topics including the evaluation of key global enforcement issues, government and private-sector initiatives to stifle illicit trade, and the evolution of piracy on the internet. The authors also assess the efficacy of anti-counterfeiting strategies such as targeted consumer campaigns, working with intermediaries in the supply chain, authentication technology, and online brand protection. Offering a succinct and up-to-date overview of country initiatives to stem illicit trade in China, Mexico, and the US, the book addresses key global enforcement issues. It illustrates the unique problems facing key industry sectors and expands on a comprehensive and timely debate on the growing problem of illicit trade on the internet, highlighting distinct aspects of piracy in the music industry. The persistent problem of botnets, malware, and `malvertising' is discussed, along with an overview of the various issues associated with online brand protection. Furthermore, a variety of anti-counterfeiting measures are presented that target both the demand and supply of illicit trade, complemented by an examination of their relative effectiveness. This accessible, provocative, and timely synopsis of counterfeiting and illicit trade will be of great value to academics and researchers of law, criminology, and trade. It will also be an excellent resource for government agencies, policymakers, and private-sector managers in those industries most affected by this growing and pervasive problem. Contributors include: S. Betti, L. Cesareo, P.E. Chaudhry, A. Chikada, D. Collopy, R.S. Delston, B. Dobson, G.M. Dominguez Rodriguez, D. Follador, A. Gupta, R. Kinghorn, I. Lancaster, A. Pastore, E. Penz, M. Sonmez B. Stoettinger, H. Sudler, B.A. Sullivan, M. Tanji, S.C. Walls, P. Williams, J.M. Wilson, D. Yang, A.S. Zimmerman

Advanced Introduction to International Trade Law (Paperback, 2nd edition): Michael J. Trebilcock, Joel Trachtman Advanced Introduction to International Trade Law (Paperback, 2nd edition)
Michael J. Trebilcock, Joel Trachtman
R774 Discovery Miles 7 740 Ships in 12 - 17 working days

Written by two leading scholars with 60 years of collective experience in the area, this insightful and updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key features include: a nuanced yet highly readable summary of the area placement of trade law into historical, political and economic contexts, including new analysis of populist critiques references to the most recent cases, decisions, treaty negotiation developments and economic and legal scholarship analysis of new areas including digital trade, migration and security exceptions to alert students to developments in international trade law links and connections between different areas of trade law to provide students with an integrated overview of the topic. Interdisciplinary in nature, this second edition will be an indispensable guide for students in law, economics, political science and international relations. Comprehensive and accessible, it will be essential reading for non-specialist scholars and policy advisors seeking to further their understanding of international trade law. 'This Advanced Introduction provides an excellent succinct yet accurate summary of the international trade rules applicable, inter alia, to trade in goods, services, intellectual property, and investment. It also explores international standards, social issues such as development, environment, labour, human rights, and it addresses the institutional framework and the future of the world trading system. As an experienced practitioner in this field, I highly recommend this book to government officials, business people, and students who will all get a clear interdisciplinary tour d'horizon in the field of international trade.' - Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTO

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