In our interconnected world, digital data turn into a central political issue. They are simultaneously important tools for security agencies, a valuable economic resource for businesses, and they have crucial relevance for individual's rights. As multiple actors extend claims of their legitimate control, conflicts emerge. Data Governance: Value Orders and Jurisdictional Conflicts argues that such conflicts about the collection, transfer, and sharing of digital data have an underestimated - and undertheorized - normative dimension. The book suggests that, while public and private actors are united by the assumption that the governance of data is meaningful in the pursuit of societal goals, they have conflicting visions of what it is precisely that data governance should achieve or avoid, and, in fact, what data actually are. The book offers an innovative conceptual and empirical framework - embedded in international political sociology - to analyse and assess overlapping claims of legitimate control over data. Five case studies provide an in-depth perspective on central conflicts between the major regulatory powers, the European Union, the United States, and private tech companies. Data Governance traces patterns of change and continuity in the disputes about the transatlantic commercial data agreements, counterterrorist data sharing in air travel and finance, law enforcement access to electronic evidence, and data removal under the right to be forgotten. It shows that the central normative questions at the heart of these conflicts remain remarkably stable over time. Actors are torn between competing goals of prioritizing security, economic progress, or individual rights, and they face choices between exercising their sovereignty and enabling global cooperation. As a growing number of countries adopt data governance provisions, this book offers a fresh perspective to capture the competing societal visions at play.

'The editor has grouped the 15 substantive chapters into one of four themes: order, leadership, institutions, and prospects and perspectives. She succinctly expresses the unifying challenge within the region as one of managing rapid growth but also confronting its vulnerability. There is much of value in this volume ...'Journal of the Indian Ocean RegionFive out of the eight South Asian countries have direct access to the Indian ocean, yet research tends to focus instead on the region's landmass. Much less attention is paid to the extensive maritime space that links South Asian countries, provides their populations with vital access to resources, connects their economies to global trade networks and perhaps most importantly, contributes to law and order at sea.At a time when the Indian Ocean has gained great interest and relevance for many global actors, the role and location of South Asia will have critical implications for strategic calculation and alignment. Furthermore, if trade imbalances are to be tackled and economic globalization to regain steam, enhancing South Asia's ability to export and import through the oceans is essential. Finally, climate change is projected to impact South Asia massively. Coping with humanitarian crises and natural disasters will need critical investments in maritime capacities and cooperation.This edited volume brings together multiple perspectives on contemporary maritime governance in South Asia, from practitioners, policy-makers and academics around the world. They examine India's role as South Asia's leading naval and economic power and the capacity of key actors to shape maritime order in the Indian Ocean.

Die Autorin widmet sich dem Gemeinsamen Zolltarif der EU, seiner Bedeutung, strukturellen Besonderheit als Normativakt und sich daraus ergebenden Anwendungsschwierigkeiten. Sie folgt dem Leitgedanken, der Gemeinsame Zolltarif der EU sei ein Normativakt, der auch als solcher wahrgenommen und behandelt werden muss. So befasst sie sich mit seiner Bedeutung und ordnet ihn u.a. in einen rechtlichen Kontext ein. Die vielfaltigen Verflechtungen des Gemeinsamen Zolltarifs der EU mit anderen Rechtsbereichen werden dargestellt und eine vergleichende Analyse der Normstruktur des Gemeinsamen Zolltarifs der EU mit anderen Normativakten vorgenommen. Besonderheiten des Gemeinsamen Zolltarifs der EU werden herausgearbeitet und daraus Rechtsanwendungsschwierigkeiten im Umgang mit dem Gemeinsamen Zolltarif der EU abgeleitet.

A refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed. There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts. This is the first English law text book dedicated to the subject of refund guarantees. It provides essential guidance as to the issues arising and the pitfalls to be avoided. It analyses the specimen form of guarantee annexed to Bimco's NEWBUILDCON form, and covers topics such as the circumstances in which the liability of the guarantor may be discharged, and when a builder may be entitled to obtain an injunction to restrain payment under a refund guarantee. It will be an essential and practical guide for those engaged in the shipbuilding industry, including shipbuilders, shipowners, banks and insurance companies, P&I clubs, and those advising them.

The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.

This report provides an analysis of the rise of non-tariff measures (NTMs) and its implications for Asia and the Pacific. Prepared jointly by ESCAP and UNCTAD, it reviews the costs and benefits associated with such measures from a sustainable development perspective, and identifies good practices to ensure that they serve their legitimate social or environmental purpose while not unnecessarily and negatively affecting trade and investment. The report focuses on the rise of NTMs and why they matter for sustainable development. It delves on the impact of NTMs in Asia and the Pacific, explores their relationship to international standards and discusses streamlining NTMs for Sustainable Development.

The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know-and what we don't know-about oceans, our earthly planet, and ourselves. Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg

Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership. While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy. With a highly readable introductory chapter amounting to a book within a book, this is a volume of great importance to all whose work or studies are concerned with marine environmental affairs, whether in government, international bodies, industry, technical organizations, the professions, environmental NGOs, the academic world or other walks of life.

While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.

Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.

This book explains the definition, concepts, practices and procedures of Free Zone operations; how they are created, how they operate, and their benefits to the global and national economy. Readers will be able to understand why Free Zones exist, their role in the development and maintenance of international trade, and how they contribute to national and global economic development and wellbeing, especially in developing nations. The author explains the processes in the establishment of Free Zones, and how government legislation and initiatives assist in this process. The book comprehensively but accessibly covers the topics of Freeports, Free Zones, Export Processing Zones (EPZs) and Special Economoic Zones (SEZs), as well as issues such as Customs requirements, Free Zone law and government initiatives, including the new UK Freeport initiative. It analyses the role of such Zones in global economic development and considers the challenges and issues related to Free Zone development and operation, including security and potential crime. The book also provides a series of case studies into selected global examples of Free Zones, EPZs and SEZs. Freeports and Free Zones will have a broad readership, being of interest to global economic, fiscal and government institutions, policymakers, legal practitioners and advisers, economic and business advisers, port and airport authorities and major multinational enterprises. It will be especially relevant to the food, automotive, defence, manufacturing, logistics, Fast Moving Consumer Goods (FMCG), pharmaceutical, aviation and maritime industries.

The are new sections and a chapter (on financing) to cover topics missing or covered in insufficient detail in the first edition. The book has been updated to cover key decisions in relevant case law and industry practice in this area since the last edition. The book provides hands-on, practical guidance - assists practitioners with the negotiation of contract wording and resolving disputes during the execution of projects. Businesses engaged in offshore construction often urgently require such practical guidance. English law remains the preferred choice of law, and London the preferred dispute resolution centre. - will be relevant to jurisdictions worldwide, even where other systems of law or dispute resolution venues are chosen, as typical principles of English law often come into play. The book is written by those engaged on a daily basis with giving urgent advice and practical guidance to clients engaged in these activities.

This book is the definitive guide to all aspects of this important part of International Trade Law. Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea.

The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.

Analysing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, this 2005 book by Alan Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system. It will be of great interest to professionals in the shipping industry as well as practitioners and students.

Der Autor untersucht die Grenzen internationaler Schiedsvereinbarungen im Hinblick auf international zwingende Sachnormen (sog. Eingriffsnormen). Kann die Schiedseinrede mit dem Argument zuruckgewiesen werden, das vereinbarte Schiedsgericht werde eine Eingriffsnorm, die fur nationale Gerichte zwingend sei, nicht beachten? Oder hat das abredewidrig angerufene Gericht die Parteien dennoch auf das schiedsrichterliche Verfahren zu verweisen? Zur Klarung dieser Frage erfolgt eine umfangreiche Analyse zum Umgang mit Eingriffsnormen in der Schiedsgerichtsbarkeit sowie eine Auswertung der Schiedspraxis. Auf dieser Grundlage entwickelt der Autor einen detaillierten Loesungsvorschlag aus der Sicht eines deutschen Gerichts und wendet diesen auf praktisch relevante Beispielsfalle an.

In dieser Arbeit werden alle relevanten Bereiche und Rechtsgebiete des Seeprivatrechts daraufhin untersucht, wie sich Streitigkeiten in das System des vereinheitlichten europaischen Prozessrechts einfugen. Dabei wird analysiert, welche Gerichtsstande der EuGVVO fur die jeweiligen Streitigkeiten eroffnet sind und welche seeprozessrechtlichen Probleme sich ergeben. Schwerpunkte sind das Seetransport- und das Seearbeitsrecht. Auslandische Literatur und Rechtsprechung werden zu den wichtigsten Fragen der internationalen Zustandigkeit berucksichtigt."

Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship's delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.

The Crisis behind the Euro-Crisis encourages dialogue among scholars across the social sciences in an attempt to challenge the narrative that regarded the Euro-crisis as an exceptional event. It is suggested instead that the Euro-crisis, along with the subsequent crises the EU has come to face, was merely symptomatic of deeper systemic cracks. This book's aim is to uncover that hidden systemic crisis - the 'crisis behind the Euro-crisis'. Under this reading it emerges that what needs to be questioned is not only the allegedly purely economic character of the Euro-crisis, but, more fundamentally, its very classification as an 'emergency'. Instead, the Euro-crisis needs to be regarded as expressive of a chronic, dysfunctional, but 'normal' condition of the EU. By following this line of analysis, this book illuminates not only the causes of contemporary turbulences in the European project, but perhaps the 'true' nature of the EU itself.