This authoritative research review presents and discusses carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. The review is an invaluable source of reference, providing the reader with both an international and an interdisciplinary perspective on the CISG and its application.

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

This book deals with de minimis aid and demonstrates that it is both a sui generis legal concept in the context of State aid and subject to a complex regime. On the one hand, it is a sui generis concept in that (i) it seeks to strike a balance between simplifying the grant process and not distorting competition in the internal market, while being a tool that Member States are able to apply easily and (ii) it is subject to ex ante control by Member States. On the other hand, it is complex in that (i) it requires determining the sectors of economic activity it applies to; (ii) a few notions specific to the regime are not easy to understand, such as the notion of "single undertaking"; and (iii) it requires combining four de minimis regimes (one general and three special), which in turn requires reconciling those regimes with each other and with other aid, not least because of the cumulation rules. Lastly, these particularities were also reflected in the recovery regime for unlawful de minimis aid. Aimed at lawyers, legal consultants and those working in undertakings as well as students, the book provides a comprehensive overview of the current de minimis regimes and is clear and complete, while also proposing a fresh view on the area of EU State aid law. Ricardo Pedro is Researcher at the Centro de Investigacao de Direito Publico (CIDP), Universidade de Lisboa, Portugal.

This book assesses Afghanistan's transit trade with Pakistan in the context of WTO transit regime for landlocked countries and its impacts on Members' regional transit agreements. The key questions this book seeks to answer are the extent Afghanistan can benefit from WTO transit rules in demanding freedom of transit through the territory of Pakistan, how these rules influence the transit agreement concluded between Afghanistan and Pakistan, and finally how useful it would be to challenge Pakistan under the WTO dispute settlement system for its failure to provide Afghanistan freedom of transit and free access to and from the sea.

The need for policy coherence between trade and health has never been greater, yet few public health workers are equipped to navigate this complex field. This book aims to fill this gap, providing a focused and readable introduction to the topic. It introduces the principles underpinning trade treaties and examines the implications of trade rules for health services and access to medicines, unhealthy commodities, labour rights and the environment. It explores the trade policy making process, methods for trade and health research, and recommendations for strengthening policy coherence.

This book addresses the causes and consequences of the international financial crisis of 2008. A range of esteemed contributors explore developments in the United States, where the crisis of 2008 originated, as well as the smallest country affected, Iceland, by evaluating developments since 2008. Currently, many countries are facing similar problems as Iceland did in 2008: this book is of interest to economists and policy makers in these countries to study what happened in Iceland, and why the recovery of that economy was strong and swift. The chapters in this book originate from panel discussions and conferences and explore areas including regulation, state projects and inflation.

Origin Management describes a holistic approach that allows internationally operating companies to benefit from reduced import duty rates within Free Trade Agreements (FTAs). Through the creation of a single, auditable, and global platform, companies are enabled to successfully claim preferential origin and sustain, review and audit preferential treatment claims. Seeking to provide a comprehensive treatment of origin management for a professional audience, this book outlines the underlying theoretical concepts and legislative frameworks, and presents practical implications and guidelines for a successful origin management program as part of a strategic sourcing initiative. The authors advocate an approach that involves sharing and distributing information and resources throughout the company and the supply chain, resulting in competitive advantages, synergies, and a central information point for all origin associated issues.

The primary contribution of this book is to integrate the important disciplines which simultaneously impact the investment appraisal process. The book presents a study that develops a new approach to investment appraisal which uses a multiple objective linear programming (MOLP) model to integrate the selected disciplines which include capital markets, corporate governance and capital budgeting. The research covers two case studies, one in the e-commerce sector and another in the airline industry in which the above disciplines are integrated. Readers from the areas of corporate governance, regulation, and accounting would find the survey of different approaches and the new integrated optimization approach particularly useful.

This book examines corruption in public procurement in three Member States of the EU, reviewing their different approaches to combating corruption, and the extent to which the transparency principle is applied in their procurement systems. The focus of the work is on the contrast between the unsuccessful procurement legislation of a relatively young Member State (Bulgaria) and its attempt to curb corruption by expanding the scope of application of the transparency principle, and two examples of procurement systems where corruption is limited adequately, without an excess of information procedural requirements (Germany and Austria). The book scrutinizes the transparency rules, procurement participants, and responsible institutions in the award of procurements in these countries. It discusses in detail the types of infringements involving corruption as well as their link to infringements of the transparency principle. It compares and examines the systems of control and appeal against a contracting authority's actions within the various legislative schemes, and highlights the legislative weaknesses which fail to reduce corruption. The comparative analysis between the Bulgarian public procurement system and the German and Austrian systems is carried out through detailed research not only with regard to adherence to the transparency principle, but also to the use of other mechanisms to limit corruption, insofar as these solutions are appropriate and could be adapted in other countries currently lacking sufficient anti-corruption measures.

A new international instrument is needed to address access to interoperability standards and standards-essential intellectual property, which are critical to maintaining technological advancement and promoting cost-effective solutions for consumers. Applying law and economics methodologies, Simon Brinsmead systematically explores how international and domestic law deals with these matters. This important book includes an examination of the technical and economic nature of interoperability standards; a detailed analysis of the issues arising under intellectual property and competition law; an analysis of whether liability or exclusive property rules should apply with respect to interoperability standards and SEIP; and consideration of feasible international approaches. Finally, Brinsmead includes a draft of his proposed international soft law instrument as a starting point for future discussions in the field. Of interest to lawyers, regulators and scholars, this work offers a meaningful contribution to international governance, harmonization of laws and technological advancement.

The special issue of the "Comparative Law Yearbook of international Business deals with the very topical subject of e-commerce. This is an area that has seen an explosion of interest in recent years but, since the increase in the use of the Internet as a vehicle for conducting business transactions has been so rapid, the law has again fallen behind, particularly in the areas of regulation and jurisdiction. The situation is changing, however, with the introduction of both national and international legislation dealing with issues and relating to, "inter alia, data protection, privacy, electronic signatures, consumer protection and morality. The authors in this volume provide commetaries on the most recent developments in various jurisdictions, including the approach of the European Union to the problems raised by e-commerce. They discuss the difficulties in relation to jurisdiction arising from the global nature of Internet and the possibilities for dispute resolution between multi national parties to an electronic transaction. The topic is obviously one that will require much attention in the coming years and one which will need strict regulation if electronic commerce is destined to become the trading medium of the future.

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

South Asia has experienced a long period of robust economic growth. While many regulatory policies have helped usher in this prosperous growth, some markets have plateaued due to hardships such as the decline in foreign remittance and international credit lines, and a contraction of exports. To continue to grow, the nations in this region must begin to integrate into the globalized world economy. Financial Market Regulations and Legal Challenges in South Asia addresses the difficulties and challenges of the regulatory environment in South Asia. This research-based publication outlines the apparent issues and resolutions as these developing nations transition into global economic players. This book is an excellent resource for policy makers, researchers and students in the financial field, government officials, bankers, and financial market regulators.

This book gathers a selection of peer-reviewed chapters reflecting on the Australia-European Union Free Trade Agreement (AEUFTA). Since 18 June 2018, ten rounds of negotiations for a AEUFTA have been held in a constructive atmosphere, showing a shared commitment to move forward with this ambitious and comprehensive agreement. After a lengthy and arduous process interrupted by the United Kingdom's withdrawal from the European Union (EU), the United States' hesitations regarding the EU's global strategy and the outbreak of the COVID-19 pandemic, the negotiations between Australia and the European Union finally appear to be nearing completion. In challenging times, both parties share a commitment to a positive trade agenda, and to the idea that good trade agreements benefit both sides by boosting jobs, growth and investment. This book explores the challenges, achievements and missed opportunities in the AEUFTA negotiation process, and examines current legal and political relations between the EU, its Member States and Australia. Furthermore, it examines in detail a wide and diverse range of negotiated areas, including digital trade, services, intellectual property rules, trade remedies and investment screening, as well as dispute settlement mechanisms. Lastly, it sheds light on the likely nature of future commercial relations between Australia and the EU. Written by a team of respected authors from leading institutions in both Australia and Europe, the book provides a valuable, interdisciplinary analysis of the AEUFTA.

The book is written for students of business economics and tax law. It focuses on investment and financing decisions in cross-border situations.

In particular, the book deals with: Legal structures of international company taxation, International double taxation, Source-based and residence-based income taxation, International investment and profit shifting, International corporate tax planning, International tax planning and European law, Harmonization of corporate taxation in the European Union, International tax planning and tax accounting.

International tax law is designed to avoid international double taxation and to combat international tax avoidance. Nevertheless, companies investing in foreign countries may suffer from international double taxation of profits. On the other hand, these companies may also be able to exploit an international tax rate differential by means of cross-border tax planning.

Ulrich Schreiber holds the chair of Business Administration and Business Taxation at the University of Mannheim. He serves as co-editor of Schmalenbachs Zeitschrift fur betriebswirtschaftliche Forschung (zfbf) and Schmalenbach Business Review (sbr) and is affiliated with the Centrefor European Economic Research (ZEW) as a research associate. Ulrich Schreiber is a member of the Academic Advisory Board of the Federal Ministry of Finance.

With its virtually universal treaty network and its binding dispute settlement mechanism (DSM), has the World Trade Organization (WTO) become a legalizedA" international organization? To a large extent, the positive effect of the move to a higher level of legalization in the WTO is commonly acknowledged. Nevertheless, contrary to the high expectations of trade 'legalists', empirical studies suggest that the policy goal of trade liberalization cannot always be achieved by the functioning of the WTO legal system. Indeed, legalization at the international level often affects domestic systems in ways that are not only unintended, but often provoke unanticipated reactions. This incisive new study analyzes the proliferation of legalization in the WTO and two vital aspects of its consequences. The author illustrates the rise of legalization in the trade regime by examining the pragmatic process of legalization and its consequences in the field of anti-dumping. She particularly sketches the historical development of legalization in the multilateral anti-dumping framework by identifying significant events which illustrate the increased obligation, greater precision, and stronger delegation in the regime. She then explores the impact of international legalization on the EU's anti-dumping regime and China's dispute settlement activities in this area since the country's relatively recent accession. She demonstrates that, even after decades of legalization, domestic anti-dumping investigations often fail to fulfil the expectations of global legalists, and that the results of those investigations are not always challengeable in the DSM. The author's focus brilliantly illuminates two features of the role of legalization played in the development of the WTO system that are widely discussed: (1) the correlation between legalization in GATT/WTO law and corresponding changes in domestic policy-making, policy administration, and judicial review; and (2) the impact of legalization on the utilization of the DSM to settle disputes in particular subject areas. Concluding that the evolution of the GATT/WTO system is an illustrative example of the phenomenal rise of legalization in international organizations, the book is a valuable contribution to the broader debate of 'constitutionalization' in the international economic law literature. This is the first study to systematically analyze the rise of legalization in the WTO and its impact on domestic systems in this context. In its analysis of the discourse, dynamics, and effects of legalization in the trade regime, and in its empirical examples, this book will prove of great value to all professionals, legal or otherwise, involved with international trade and the economics of globalization.

Consolidated Treaties of International Agreements is the only up-to-date publication available that offers the full-text coverage of all new treaties and international agreements to which the United States is a party. Treaties that have been formally ratified but not officially published, as well as those pending ratification, are included to guarantee the most comprehensive treaty information available. Executive agreements that have been made available by the Department of State in the previous year are also included. A unique and thorough indexing system, with indices appearing in each volume, allows quick and easy access to treaties.

Consolidated Treaties of International Agreements is the only up-to-date publication available that offers the full-text coverage of all new treaties and international agreements to which the United States is a party. Treaties that have been formally ratified but not officially published, as well as those pending ratification, are included to guarantee the most comprehensive treaty information available. Executive agreements that have been made available by the Department of State in the previous year are also included. A unique and thorough indexing system, with indices appearing in each volume, allows quick and easy access to treaties.

This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European "touch" is one of the book's most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it -especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book's final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

This book discusses the most recent developments in the WTO regime. Issues such as E-commerce, security exception clause, China's compliance with the WTO obligations, sustainability development, IP protection in FTZs, trade controls and etc., are at the forefront of WTO studies. These issues strongly influence people's understanding of the current role of WTO and provides possible way to revitalize the function of WTO. Meanwhile,  as the world's second largest economy, the world's largest trading nation and the holder of the world's largest foreign exchange reserves, China is apparently a powerful figure in leading these issues. Therefore, this book explores extensively these issues from a Chinese perspective to see what China could do to reboost the world trade.

International investment arbitration has been dubbed the "Antarctica" of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.

Conventional wisdom on the insufficiency of existing WTO disciplines on export restrictions has triggered momentum on the issue. In this book, Ilaria Espa offers a comprehensive analysis of the scope and coverage of WTO disciplines on export restrictions in light of emerging case law. She investigates whether such rules still provide a sufficient, credible and effective framework capable of preventing abuses in the use of export restrictive measures on critical minerals and metals during a period of economic crisis and change in international trade patterns. Giving a broad overview of the export restrictions applied to these materials, Espa identifies distinctive features in the proliferation of export barriers and analyses the existing WTO rules to reveal their scope, gaps and inconsistencies. She goes on to present solutions based upon her findings with the aim of bringing more coherence and equity to WTO rules on the export side.

This book provides a detailed analysis of major legal and public policy issues arising from the Trans-Pacific Partnership Agreement (TPP) - a treaty that will dramatically change the landscape of international trade, with effects that will be felt on a global scale.Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as development, health and the environment, as well as more specific areas such as agriculture and services, and controversial questions of intellectual property, investment and dispute settlement under the agreement. With an analytical focus on broad principles and enduring issues arising from the TPP, this informative book will appeal to academics, government advisors, NGOs, and students of law, economics, and international relations. Legal practitioners will also find much of interest in this book. Contributors: W.-M. Choi, D. Elms, D. Kotlowitz, M. Lewis, J. Meltzer, A. Mitchell, J. Munro, R. Polanco, M. Rimmer, L. Trakman, T. Voon, K. Weatherall