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Books > Law > International law > Public international law > International economic & trade law
“… a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators.” (Uniform Law Review/Revue de Droit Uniforme) Volume 4 of this new edition deals with movable and intangible property law. The book addresses the transformation of the models of movable property in commercial and financial transactions between professionals in the international flow of goods, services, money, information, and technology. In this transnational legal order, the emphasis in the new law merchant or modern lex mercatoria of movable property turns to risk management, asset liquidity, and transactional and payment finality. Particular attention is given to the notion of assets and asset classes, the inclusion of monetary claims, the transformation of assets in production and distribution chains, and the type of user, income and enjoyment rights that can be established in them, when they become proprietary, what that means, the role of party autonomy in the creation and operation of these rights, and how they are handled between professional participants and upon a sale to consumers. The volume compares common law and civil law concepts - the one being geared to improving value, the other to consumption; it then identifies their relevance especially in modern finance, and concludes by indicating future directions. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
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
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor-state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
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
This original and authoritative book analyzes how the WTO?s restrictions on the use of trade measures for social goals affects the development of the law of the international community.The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important ?trade-&? cases handed down by the WTO?s Appellate Body, the book stimulates creative consideration of the extent to which the international trading system?s prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.
Transnational corporations (TNCs) have moved to the forefront of regulatory governance both within states and in the international arena. The Research Handbook on Transnational Corporations provides expert background commentary and up-to-date insights into regulatory frameworks impacting on TNCs at global, industry and national levels. Written by global experts in their field, this unique collection of essays provides in-depth understanding of how the forces of globalisation affect the world's largest corporations, and how those corporations, in turn, shape globalisation. Comprehensive yet highly accessible, this is the first major work on the reciprocal impact of TNCs on regulatory processes. The Research Handbook provides guidance on how best to understand the rapidly evolving relationship between TNCs and the processes of treaty making, the formation of global industry standards and the processes of national law making and policy formation (with a focus on resource taxation). Global, industry and national-level case studies are used to explain the basic principles used to support state, private, and international regulatory programs. Delivering both theoretical and practical insights into the regulation of TNCs, this timely and authoritative Research Handbook will be of particular interest to policy makers, industry practitioners and lawyers. Students and academics will also find it to be an invaluable resource. Contributors include: R. Anderson, M. Bowman, L. Cata Backer, A. Chou, A. De Jonge, G. Gilligan, D. Gleeson, M.A. Gonzalez-Perez, V. Harper Ho, J.A. Kirshner, D. Kraal, L. Leonard, R. Lopert, M.E. Monasterio, P. Neuwelt, J. O'Brien, A. Ruhmkorf, R. Tomasic, M. Woersdoerfer
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues. The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in 'green' goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment. This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law. Contributors include: M. Alder, P. Arnaiz, S. Bigdeli, J. Chaisse, T. Cottier, P. Delimatsis, A. Dimopoulos, F. Fleurke, A. Gourgourinis, A.H. Lim, J. McMahon, S. Melnyk, J. Munro, K. Nadakavukaren Schefer, R. Partain, T. Payosova, V. Pogoretskyy, D. Ramos, E. Reid, M. Rimmer, L. Tamiotti, J.P. Trachtman, A. vanDuzer, E. Vranes, M. Wu, M. Young, R. Zhang
The Encyclopedia is the definitive reference work on international economic law. This comprehensive resource helps redefine the field by presenting international economic law in its broadest, real-world context. Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries written by leading scholars and practitioners, traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights. The concise entries present an accessible and condensed overview of each topic within its legal context. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Selected references follow each entry, suggesting directions for further detailed exploration of the topic. This Encyclopedia is an invaluable resource for both practitioners and academics. It acts as a handy reference to all areas of international economic law, and provides the ideal starting point for any research journey. Key features: valuable reference tool for scholars, students and practitioners organised thematically, covering newly developing areas of international economic law concise, structured entries from the top experts in the field selected references for further study.
The book reviews globalisation by identifying causes behind the discontent it has produced in recent years. It variously engages in economics, political economy, development and policy discourses to study experiences of countries and institutions in managing and adjusting to globalisation. Extending the analysis to latest global developments, including the remarkable advance of technology and digitalisation, and political and economic upheavals caused by COVID19, the book collects varied academic perspectives and reflects on the present as well as future. Comprising chapters written by distinguished academics and policy experts, the book is a rare collection of cross-disciplinary objective evaluations of globalisation.
Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better - the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School
The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
This book presents an integrated jurisprudential critique of neoclassical microeconomic theory. It explains what is 'really wrong' with the theory both descriptively, as well as normatively. The criticism presented is based on questions of jurisprudence, and on neoclassical theory's sins of omission and commission concerning the underlying system of property and contract. On the positive side - while the presentation is almost entirely non-mathematical - the book contains the first mathematical treatment of the fundamental theorem about property and contract in jurisprudence that underlies a market economy. The book follows the tradition of John Stuart Mill as the last major political economist who considered the study of property rights as an integral part of economic theory. The conceptual criticisms presented in this book focus on the descriptive and normative misconceptions about property and contracts that are deeply embedded ideology in neoclassical economics, not to mention in the broader society. The book recognizes that the idealized microeconomic theory is not descriptive of reality and focuses its criticism on conceptual mistakes in the theory, which are even clearer due to the idealized nature of the theory. Therefore, the book is a must-read for scholars, researchers, and students interested in a better understanding of jurisprudence in economics, neoclassical microeconomic theory, and political economy in general.
This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship's delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.
Congratulations on an outstanding book on the WTO TBT Agreement! International regulations and standards reflect societies' fundamental choices. Regulating and monitoring them is complex, and the renowned co-authors of this book have well understood the multi-faceted matters at stake. In this book, world experts have seized a unique opportunity provided by the wealth of recent TBT jurisprudence to analyse the different dimensions of the TBT Agreement, a WTO agreement little discussed up to now. WTO experts as well as anyone interested in the reach of WTO law into the balance between national sovereignty and the need for international co-operation must read this book.' - Gabrielle Marceau, WTO, Legal Affairs Division, UNIGE and Graduate Institute, Geneva, SwitzerlandA relatively new frontier for legal and policy analysis, technical barriers to trade (TBT's) have become more common as traditional border barriers have been reduced. This comprehensive Handbook comprises original essays by eminent trade scholars exploring the implications of the WTO's TBT Agreement. The TBT Agreement imposes disciplines on the manner in which WTO member countries adopt and maintain technical measures, recognizing the importance of such measures to advance legitimate domestic policy goals such as health, safety and environmental objectives, but also the potential for technical measures to constitute barriers to trade. The contributors to this volume provide an in-depth examination of the text of the Agreement and how the WTO's dispute settlement system, the TBT Committee, WTO members, and other international organizations have engaged with and been affected by it. The book's comprehensive and accessible approach makes it a first point of reference for all trade law practitioners, policymakers and regulators. For scholars and students, the Handbook will prove essential reading for a deeper understanding of trade law. Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H. Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B. Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A. Mitchell, D. Prevost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T. Voon, M. Wagner, E.N. Wijkstroem
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
The Sustainable Development Goals introduced by the United Nations in 2016 call for the significant mobilisation of finance. However, although sustainable investments are steadily increasing, there still remain large gaps within financing and the information that financial markets rely on is often incomplete or incorrect. For instance, the financial system has been structured around short-term frameworks and goals while the most pressing environmental and social challenges are long-term. Prices do not convey the cost of externalities associated with social and environmental challenges. It is therefore important to implement the effective pricing of externalities and create a common language and taxonomy between investors, issuers and policy-makers in order to best serve sustainable development. Addressing this challenge, the authors delve deeper into the levers that can be pulled within the financial system to prompt an efficient ecosystem of sustainability-related information, allowing social and environmental externalities to be incorporated into the decision-making process of all market agents. Incentives needed for investors, issuers and intermediaries are proposed along with regulation that can trigger these incentives. This book offers a comprehensive collection of chapters which explore the ongoing evolution of the European regulatory framework, providing essential reading for policymakers, practitioners and researchers alike.
This volume analyzes international agreements from a political economy perspective. In four essays, it raises the question of whether domestic institutions help explain if countries join international agreements, and in case they do, what type of international organization they join. The book examines how specific democratic design elements channel and mediate domestic demands directed at politicians, and how under certain circumstances entering international agreements helps politicians navigate these demands to their benefit. The volume also distinguishes between different types of international instruments with a varying expected constraining effect upon member states, and empirically tests if this matters for incentives to join. The volume addresses scholars, students, and practitioners interested in a better understanding of how the shape of domestic institutions affects politicians' incentives to enter into binding international agreements.
This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today's globalized world, EU law and the ECJ's decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ's Intel case. Moreover, recently approved rules concerning the EU's internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.
This book explores the role of expectations within the modern capitalist system. Through looking at how they are formed and develop, the impact of events that lead to a collapse in expectations, such as a major financial crisis, is examined to highlight the precarious and unstable nature of the economic system. With a particular focus on the UK and USA, it is also considered how public policy and institutions can shift the balance away from speculation and back towards enterprise. This book aims to conceptualise instability and highlight how economic and regulatory policy can limit it. It will be relevant to researchers and policymakers interested in economic policy and regulatory reform.
Mega-regionalism in the Asia Pacific has led to the formation of several emerging trade blocs, including the Trans-Pacific Partnership. This book, in addition to the examination of trade policies in the region, offers a comprehensive analysis of ongoing developments such as the impact of new members on the incumbent TPP-12 and its spillover to third parties, as well an objective study of the crucial issues of liberalization of agriculture, pharmaceuticals, and intellectual property rights. Split into three diverse sections, this book is a joint venture of many outstanding scholars in various disciplines, all with expertise in the Asia Pacific's regional affairs. These contributions provide readers with a rigorous assessment of membership enlargement and sectorial liberalization of the TPP as well as the pathways toward region-wide free trade areas. Editor Peter C.Y. Chow includes both an analysis of the trade policies of China and the US and a discussion of the impact of new members on trade complementarity, global value chains, and the US's trade balance. Detailed studies on the effect of Taiwan's membership on the US economy and industries such as agriculture, manufacturing, and service are also explored. This edited volume will attract readers interested in international trade, economic integration, and globalization. Academics and practitioners in geopolitics, geo-economics, and international relations in the Asia Pacific will also be of interest. Contributors include: C. Barfield, T.-J. Cheng, L.-i. Chen Chiu, P.C.Y. Chow, D. Ciuriak, B.-X. Hsu, W.-C. Lee, C.-Y. Liu, A. Somwaru, H. Thompson, F. Tuan, J. Xiao
Legal Aspects of the New International Economic Order draws together the results of discussions from the 58th Conference of the International law Association held in Manila in September 1978. Many there, including a number of contributors to this insightful book, felt that proposals for the establishment of a new international economic order bristled with complex legal issues, which merited the serious attention of lawyers. Moved by the conviction that these proposals aimed at restructuring international economic relations and effective a global redistribution of wealth and power, presented a challenge to legal creativity, the Conference adopted a resolution urging the International Law Association to undertake a study of the Legal Aspects of a New International Economic Order. Legal Aspects of the New International Economic Order draws together the papers that came from that study, to offer a fascinating and powerful examination of the legal challenges thrown up by the establishment of this new order.
The second volume of the Balkan Yearbook of European and International Law (BYEIL) focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG), which was signed 40 years ago. The contributions analyse a broad range of aspects and reflect the latest developments; those in the permanent sections on European Law and International Law explore contemporary challenges in public and private law disciplines, offering fresh new perspectives on established concepts.
This authoritative collection brings together major articles written by leading economists, political scientists and legal scholars to analyse the complexities of the modern global system of intellectual property rights (IPRs) and its relationship with the WTO. The papers selected consider the role of IPRs in the knowledge economy, itself a force for rapid globalisation. They first place IPRs into context as a trade issue and their controversial role within the WTO. Several articles analyse the ability of IPRs to encourage innovation and support markets, emphasising controversial problems in developing countries: special attention is given to the role of patents in biodiversity and essential medicines. Additional contributions provide important theoretical and empirical perspectives on the economics of IPRs in the global economy, including effects on trade, investment, innovation, growth, and technology policies. This authoritative volume will be an important source of reference for scholars and policymakers seeking to understand the development and trade impacts of intellectual property protection. 21 articles, dating from 1991 to 2003 |
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