Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.

International organizations and other global governance bodies often make rules and decisions without input from many of the individuals, groups, firms, and governments that are affected by them. The standards of the Basel Committee on Banking Supervision, for instance, developed by a small number of states, govern financial markets and the safety of bank deposits in over a hundred jurisdictions. Historically, the interests of developing countries, as well as non-commercial and diffuse interests within countries, have been excluded or disregarded in global governance. Scholars and practitioners have criticised this democratic deficit and called for greater participation of such marginalized stakeholders. Against this background, international institutions have introduced a variety of reforms with the goal of increasing and facilitating the participation of these excluded stakeholders. This book brings together an expert group of scholars and practitioners to investigate the consequences of stakeholder participation reforms in the global governance of health and finance: What reforms have been introduced? Have these reforms given previously marginalized stakeholders a voice in global governance bodies? What effect have these reforms had on the legitimacy and effectiveness of global governance? To answer these questions, the book examines treaty-based intergovernmental organizations alongside newer forms of global governance such as trans-governmental regulatory networks, multi-stakeholder partnerships, and private standard setting bodies. Through a series of paired comparative analyses, the book provides insights into the experiences of large emerging and smaller or lower income developing countries (Brazil v. Argentina, China v. Vietnam, India v. the Philippines) in a diverse set of organizations, including the World Bank and the World Health Organization, the Basel Committee on Banking Supervision, the Global Fund to Fight AIDS, Tuberculosis and Malaria, the International Accounting Standards Board, Codex Alimentarius Commission and more.

This innovative analysis investigates a complex issue of tremendous economic and political importance: what makes some countries vulnerable to banking crises, while others emerge unscathed? Banks on the Brink explains why some countries are more vulnerable to banking crises than others. Copelovitch and Singer highlight the effects of two variables in combination: foreign capital inflows and the relative prominence of securities markets in the domestic financial system. Foreign capital is the fuel for banks' potentially dangerous behavior, and banks are more likely to take on excessive risks when operating in a financial system with large securities markets. The book analyzes over thirty years of data and provides historical case studies of two key countries, Canada and Germany, each of which explores how political decisions in the 19th and early-20th centuries continue to affect financial stability today. The analyses in this book have crucial policy implications, identifying potential regulations and policies that can work to protect banking systems against future crises.

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2018: Volume 5 reports on European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft - Recourse to Article 21.5 of the DSU by the United States (WT/DS316).

The World Trade Organization (WTO) Agreement on Agriculture has had a fundamental impact on agricultural policy worldwide. The new WTO agreements will cover agriculture,sanitary and phytosanitary measures, technical barriers to trade and trade in intellectual property rights. This book addresses the interface between the law of international agricultural trade, the emerging legal and economic order for agricultural trade under the auspices of the WTO, and its impact on agricultural policy reform both in the European Union and the USA. With contributions from leading authorities in the appropriate areas.

Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner.

Impact Assessment (IA) is introduced in this book, with a guide to the process, scope, content, and management of IA for the governments of developing economies. In doing so, evidence-based policy making is taken into full consideration. After the principles of IA are set forth, its procedures are described, illustrated by typical cases from the United States and Japan. Then an explanation follows of the components of IA such as necessity, alternatives, and assessment of cost and benefit, with a description of competition assessment. In developing economies, it is not effective to simply import a system from developed countries directly into developing countries, especially for economic regulation and in consideration of compliance and competition issues. Thus the book provides recommendations on how to appropriately modify developed countries' systems for countries that are still developing. The book concludes by taking up several issues surrounding IA, especially nudge theory and public involvement.

This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability-both as it is now and as it should be in the future.

Since the publication of its first edition, this textbook has been the prime choice of teachers and students alike, due to its clear and detailed explanation of the basic principles of the multilateral trading system and the law of the World Trade Organization (WTO). The fifth edition continues to explore the institutional and substantive law of the WTO. It has been updated to incorporate all new developments in the WTO's ever-growing body of case law. Moreover, each chapter includes a 'Further Readings' section to encourage and facilitate research and discussion on the topics addressed. As in previous editions, each chapter also features a summary to reinforce learning. Questions, assignments, and exercises on WTO law and policy are contained in an online supplement, updated regularly. This textbook is an essential tool for all WTO law students and will also serve as a practitioner's introductory guide to the WTO.

"International Environmental Law and Economics "combines new analysis and milestone cases to create a comprehensive guide to environmental law and economics. Its analyses are intended to lead to operationally meaningful environmental policies and international laws governing the global environment.

The fundamentals of ecological and environmental economics, the concept of sustainable development, and the economics of environmental sustainability are then explained. The book draws on several analytical techniques, including game theory, optimization, and decision-making under uncertainty, to examine key issues:
how are international environmental laws implemented in the absence of apex law-enforcement mechanisms?
has a mechanism of law enforcement emerged?
is there a concern for compliance and non-compliance at the state and international levels?
what improvements are desirable and feasible in global environmental governance?

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2017: Volume 5 reports on United States - Conditional Tax Incentives for Large Civil Aircraft (WT/DS487).

The fast-growing last decade of strong economic growth of the Association of Southeast Asian Nations (ASEAN) has played a critical role in Asia-Pacific regionalism and global trade. This book explores the concept of ASEAN law under the normative framework of the new regional economic order. It examines the roadmap of the new ASEAN Economic Community Blueprint 2025 by evaluating the impact of ASEAN trade agreements on domestic legislation on professional services, financial integration, investment disputes and digital trade. More importantly, it sheds light on the legal implications of ASEAN's agreements with China and India and the potential developments of mega-regional trade agreements such as the CPTPP and the RCEP. Hence, the legal analysis and case studies in the book offer a fresh view of Asia-Pacific integration and bridge the gap between academia and practice.

In this thought-provoking analysis, the author takes three examples of emerging markets (Brazil, India, and Nigeria) and tells their stories of pharmaceutical patent law-making. Adopting historiographical and socio-legal approaches, focus is drawn to the role of history, social networks and how relationships between a variety of actors shape the framing of, and subsequently the responses to, national implementation of international patent law. In doing so, the book reveals why the experience of Nigeria - a country active in opposing the inclusion of IP to the WTO framework during the Uruguay Rounds - is so different from that of Brazil and India. This book makes an original and useful contribution to the further understanding of how both states and non-state actors conceptualise, establish and interpret pharmaceutical patents law, and its domestic implications on medicines access, public health and development. Patent Games in the Global South was awarded the 2018 SIEL-Hart Prize in International Economic Law.

This book will take the reader through the past, the present, and into the future of the flagship institution of the international customs community: the World Customs Organization (WCO). The purpose is to present to the reader, in a comprehensive, orderly, and synthetic manner, the enormous contributions that this prestigious and recognized institution has been making to the secure growth of global international trade. In the development of the text, special consideration has been given to the relevant instruments in day-to-day customs work, which constitute the bases of the WCO (the Harmonized System Convention, the Revised Kyoto Convention, and the SAFE Framework of Standards, among many others), as well as those issues that are currently of specific interest to the global customs community (cross-border e-commerce, trade facilitation, and authorized economic operator, to mention but a few), trying to reconcile the various practical aspects of customs operations with their theoretical underpinnings. In the final part, the book turns to the future of customs, analyzing the most pressing challenges presented by technological advances, including the Internet of Things, artificial intelligence, 3D printing, and blockchain. In short, this book will be of great interest to all foreign trade operators, mainly to customs officials, customs brokers, carriers and international forwarding agents, managers of importing and exporting companies, as well as all those (professionals and students) who wish to deepen their knowledge of the exciting world of customs and international trade.

International Economic Law and African Development discusses international perspectives on African law and economic development in the light of broader globalisation imperatives. It is the third in what can loosely be described as a series on Africa and gobalisation by the Mandela Institute (the first two being Laurence Boulle (ed) Globalisation and Governance (Siber Ink 2011) and Emmanuel T Laryea, Nokuhle Madolo and Franziska Sucker (eds) International Economic Law – Voices of Africa (Siber Ink 2012)). The conversation on law and African economies continues in this book, in the light of Africa’s increasingly sophisticated participation in all facets of the contemporary world. It offers a collection of essays from Africans, whether living on the continent or abroad, complemented by the writings of empathetic non-Africans writing from an African perspective. They are metaphorically rooted in African soil not only in terms of subject-matter but also in terms of the perspectives they provide. African contributions to the debates on global themes may presage greater African engagement in the global political economy in the future. The Mandela Institute is a centre within the School of Law at the University of the Witwatersrand and undertakes teaching, research and capacity development in different areas with particular reference to international trade, investment law and global finance.

This Open Access book analyses the emergence of Russia as a global food power and what it means for global food trade. Russia's strategy for food production and trade has changed significantly since the end of the Soviet period, and this is the first book to take account of Russia's rise as a food power and the global implications of that rise. It includes food trade policy and practice, and developments in regional food trade. This book will be of interest to academics and practitioners in agricultural economics, international trade, and international food trade.

This book brings together the 2011 output of the American Law Institute (ALI) project on World Trade Organization law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well-known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view and, if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form, in the reporters' views, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law.

This book provides a novel in-depth study of the early pandemic response policy at the intersection of political economy and law. It explores: (1) whether the responses to COVID-19 were democratically accountable; (2) the ways in which new surveillance and enforcement techniques were adopted; (3) the new monetary and fiscal policies which were implemented; (4) the ways in which employed and unemployed persons were differently impacted by the new policies; and (5) how companies were economically sustained through the pandemic. A compelling look at what happens to societies when disaster strikes, this book will be of interest to legal scholars, political scientists and economists.

In this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainable narratives.

The ICSID Reports provide the only comprehensive collection of the arbitral awards and decisions given under the auspices of the World Bank??'s International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties. These decisions make an important contribution to the growing body of jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). Volume 7 of the ICSID Reports brings the series substantially up to date and includes the decision of 28 May 2003 on the supplementation and rectification of the annulment decision in CAA and Vivendi Universal v. Argentina, the award of 26 June 2003 in Loewen v. USA and the rulings and awards in Pope and Talbot, Inc. v. Canada.

The book analyses the concept and conditions of transnational solidarity, its challenges and opportunities, drawing on diverse disciplines as Law, Political Science, Sociology, Philosophy, Psychology and History. In the contemporary world, we see two major opposing trends. The first involves nationalistic and populistic movements. Transnational solidarity has been under pressure for a decade because of, among others, global economic and migration crises, leading to populistic and authoritarian leadership in some European countries, the United States and Brazil. Countries withdraw from international commitments on climate, trade and refugees and the European Union struggles with Brexit. The second trend, partly a reaction to the first, is a strengthened transnational grass-root community - a cosmopolitan movement - which protests primarily against climate change. Based on interdisciplinary reflections on the concept of transnational solidarity, its challenges and opportunities are analysed, drawing on Europe as a focal case study for a broader, global perspective.

Law and Economics deals with the economic analysis of legal relations, legal provisions, laws and regulations and is a research field which has a long tradition in economics. It was lost after the expulsion of some of the leading economists from Germany during 1933 to 1938, but then revived in Chicago. Both the subject of Law of Economics and the need for a concise Encyclopedia is particularly relevant in Europe today. Currently in the European Union there are several different legal cultures: the Anglo-Saxon legal framework, the German legal framework, which for example also includes Greece, and the Roman legal family-three jurisdictions which have to be covered with one and the same theory. In the EU, the task of the European Commission to interact with the various European jurisdictions means different legal cultures collaborating and some degree of harmonization is necessary. The result is an immediate need, if only for the science, to show how a given problem is solved in each legal tradition and jurisdiction. This Encyclopedia provides both a common language and precise definitions in the field, which will be useful in the future to avoid misunderstandings during harmonization of EU Law.

This Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

The case law of the World Trade Organization is extensive, now running into some three hundred decided cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi identifies some of the underlying problems of interpreting WTO agreements, and examines the conditions for the interpretation of these agreements. Since the first edition of this book, the case law has grown, and the interpretation evolved further. This second edition addresses these developments and engages in the contemporary discourse on the subject. Also included is a new section on issues of interpretation relating to preferential trade agreements and the WTO. This book is an essential tool for WTO trade specialists, as well as government and judicial officers concerned with interpreting these agreements.