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This book offers a comprehensive examination of preferential trade
agreements and considers the features of specific regional and
bilateral trade agreements without drawing upon systematic features
and trends. It shows the latest state of knowledge on the topic and
will be of value to those interested in international trade and
economic law.
The multilateral trade agreements in the Annexes to the Agreement
Establishing the World Trade Organization provide a comprehensive
structure for international trade. Why would trading partners in
different countries feel the need to go outside this framework in
order to set up preferential trade arrangements? This book
considers the structure of the World Trade Organization's
agreements and the types of preferential trade arrangements, and
deliberates the value of the latter in the light of the operation
of the former. Preferential Trade Agreements and International Law
offers a comprehensive examination of preferential trade agreements
and considers the features of specific regional and bilateral trade
agreements without drawing upon systematic features and trends. It
shows the latest state of knowledge on the topic and will be of
value to researchers, academics, policymakers, and students
interested in international trade and economic law.
The European Union banking and securities legislation immediately
before the global financial crisis is described in detail. Two
significant inputs to the post-crisis legislation are considered in
this book the international regulatory response through the Group
of Twenty (G20) countries and the Financial Services Board, and the
European Supervisory Authorities which comprise the European
Banking Authority, a European Securities and Markets Authority and
a European Insurance and Occupational Pensions Authority. Aspects
of the post-crisis securities and banking legislation are described
with a comparison made with the pre-crisis legislation, in places
in which this is possible. The securities legislation, in
particular, has shown a considerable increase in its volume and
contents in the last few years, and some of these provisions are
reported and discussed. The final chapter considers the European
Commissions plans for the completion of the Economic and Monetary
Union, from the British perspective in light of the speech made by
the then British Prime Minister, the Right Honourable Margaret
Thatcher MP, at Bruges in September 1988. The global financial
crisis exposed vulnerabilities in the Economic and Monetary Union,
which the Commission is attempting to address with plans for
further integration. It is not clear that this is wholly in the
interests of Europes citizens.
Some years ago, while a Senior Lecturer-in-Law at BPP University,
one of my Master of Laws' students asked if he could write a
dissertation in Maritime Law. He wanted to do a survey of the rules
of both Admiralty Law and the Law of the Sea. The department
contained no specialist in either of these fields, and I taught
neither. As he could not be dissuaded from this plan, I had to
undertake a rapid, informal, self-directed learning programme in
the subjects in order to gain sufficient professional skill to be
able to supervise, and, later, assess the dissertation. His project
was surprisingly good -- and I had my first contact with rules
concerning territorial seas, contiguous zones, exclusive economic
zones, continental shelves and high seas. My interest in these
topics grew and, eventually, flourished in the project of this
monograph. The book covers the laws in the United Nations
Convention on the Law of the Sea 1982 that concern baselines and
boundary delimitation, together with cases which relate to these
topics. There is also a major input to the monograph from
procedural matters pertaining to the International Court of
Justice, the International Tribunal for the Law of the Sea and
arbitration under Annex VII to the Convention, with an example case
provided for each of these mechanisms. As States Parties to the
Convention may make a Declaration under its Article 287 for the
settlement of their disputes by one or more of these methods --
together with special arbitration under Annex VIII to the
Convention for four issues specified therein -- this Article,
together with the methods and the remainder of Part XV of the
Convention, are core material for a systematic review of the Law of
the Sea. In instances in which it is possible, comparisons are made
between: (i) the United Nations Convention on the Law of the Sea
and its predecessors, i.e., the Geneva Conventions from 1958, and
(ii) the rules of the International Court of Justice and those of
the International Tribunal for the Law of the Sea. In essence, the
Convention builds upon its precursory instruments, which tend to be
simpler than the former, and the procedural rules for the
International Tribunal for the Law of the Sea are similar or
identical to those of the International Court of Justice, other
than a few provisions that are new or materially modified from the
terms of the Court, but with the necessary changes from the latter
being made. The cases at this level are fewer than in black-letter
subjects of the law, but tend to be complex and, for the legal
scholar, very interesting. This is especially true of the South
China Sea Arbitration, which was a judgment of pioneering
brilliance from an Annex VII arbitral tribunal composed of one
academic and four experienced judges, to which a substantial
literature has-in the short period since this case's resolution --
been devoted. The very best of luck with your reading!
One of the fundamental freedoms of the European Union's Internal
Market is the free movement of capital. National barriers to the
cross-border movement of capital and payments are prohibited, not
only between Member States of the Union, but also between these
States and third countries. The book investigates to what extent
Estonia, Poland and Latvia have implemented laws that comply with
this principle. It compares and contrasts the similarities and
differences between these three Member States in how their
legislation and regulations affect such free movement.The research
investigates whether there is an association between the national
legal restrictions to the free movement of capital and cross-border
capital flows to and from Estonia, Poland and Latvia. It reports
the views of executives in the business sectors most affected by
these restrictions as to the importance of the free movement of
capital to their companies, as to whether the European Union's
regulatory framework supports the free movement of services and the
freedom of establishment, and as to whether the national law limits
these freedoms.
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