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Volume 10 of the EYIEL focusses on the relationship between
transnational labour law and international economic law on the
occasion of the 100th anniversary of the International Labour
Organisation (ILO). As one of the oldest UN Agencies, the ILO has
achieved considerable progress with respect to labour rights and
conditions. The contributions to EYIEL Volume 10 assess these
achievements in light of current and future challenges. The ILO's
core instruments and legal documents are analysed and similarly the
impact labour standards have on trade and investment agreements. In
its regional section, EYIEL 10 addresses recent developments in the
US and the EU, including the US' trade policy strategy towards
China as well as the reform of the NAFTA. In its part on
institutions, EYIEL 10 focusses inter alia on the role of the rule
of law in relation to current practices of the International
Monetary Fund and of the WTO's Appellate Body as an international
court. Furthermore, it provides an overview of current cases before
the WTO. Finally, the volume entails a section with review essays
on recently published books in the field of international economic
law and international investment law.
Fifty years after the adoption of the Declaration on Permanent
Sovereignty over Natural Resources by the General Assembly of the
United Nations in December 1962, this volume assesses the evolution
of the principle of permanent sovereignty over natural resources
into a principle of customary international law as well as related
developments. International environmental and human rights law
leave unresolved questions regarding the limitations of this
principle, e.g. extraterritorial and international influences such
as the applicable criminal and tort law, as well as the
extraterritorial and international promotion of good governance,
including transparency obligations.
Volume 7 of the EYIEL focusses on critical perspectives of
international economic law. Recent protests against free trade
agreements such as the Transatlantic Trade and Investment
Partnership (TTIP) remind us that international economic law has
always been a politically and legally contested field. This volume
collects critical contributions on trade, investment, financial and
other subfields of international economic law from scholars who
have shaped this debate for many years. The critical contributions
to this volume are challenged and sometimes rejected by
commentators who have been invited to be "critical with the
critics". The result is a unique collection of critical essays
accompanied by alternative and competing views on some of the most
fundamental topics of international economic law. In its section on
regional developments, EYIEL 7 addresses recent megaregional and
plurilateral trade and investment agreements and negotiations.
Short insights on various aspects of the Transpacific Partnership
(TPP) and its sister TTIP are complemented with comments on other
developments, including the African Tripartite FTA und the
negotiations on a plurilateral Trade in Services Agreement (TiSA).
Further sections address recent WTO and investment case law as well
as recent developments concerning the IMF, UNCTAD and the WCO. The
volume closes with reviews of recent books in international
economic law.
The Asian Yearbook of International Economic Law (AYIEL) 2023
addresses the rapidly evolving field of international economic law
with a special focus on Asia and the Pacific. This region has long
been and remains a major engine of the world economy; at the same
time, it is characterized by a host of economies with varying
developmental levels, economic policies and legal jurisdictions.
The AYIEL 2023 therefore focuses on international economic law,
especially on security and industrial policy.
Volume 12 of the EYIEL focuses on "The Future of Dispute Settlement
in International Economic Law". While new forms of dispute
settlement are emerging, others are in deep crisis. The volume
starts off with reflections on Dispute Settlement and the World
Trade Organisation, most prominently the crisis of the Appellate
Body, but also addressing international intellectual property law
and the African Continental Free Trade Area. This is followed by a
section on Dispute Settlement and Investment
Protection/International Investment Law, which includes articles on
the summary dismissal of claims, the margin of appreciation
doctrine, the use of conciliation to settle sovereign debt
disputes, and contract-based arbitration in light of Achmea and
Hagia Sophia at ICSID. Further contributions consider the emerging
role of commercial courts, the dejudicialization of international
economic law, dispute settlement in the UK-EU Withdrawal Agreement,
reference mechanisms in dispute resolution clauses, and UNCLOS.
The Asian Yearbook of International Economic Law (AYIEL) 2022
addresses the rapidly evolving field of international economic law
with a special focus on Asia and the Pacific. This region has long
been and remains a major engine of the world economy; at the same
time, it is characterized by a host of economies with varying
developmental levels, economic policies and legal jurisdictions.
The AYIEL 2022 especially focuses on trade law, investment law,
competition law, dispute settlement, economic regulation and
cooperation, and regional economic integration, as well as other
legal developments in Asian countries.
Volume 11 of the EYIEL focuses on rights and obligations of
business entities under international economic law. It deals with
the responsibilities of business entities as well as their special
status in various subfields of international law, including human
rights, corruption, competition law, international investment law,
civil liability and international security law. The contributions
to this volume thus highlight the significance of international law
for the regulation of business entities. In addition, EYIEL 11
addresses recent challenges, developments as well as events in
European and international economic law such as the 2019 elections
to the European Parliament, Brexit and the EU-Mercosur Free Trade
Agreement. A series of essays reviewing new books on international
trade and investment law completes the volume.
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.
Volume 9 of the EYIEL focusses on natural resources law understood
as a special area of international economic law. In light of
increasing conflicts over access to and the use of natural
resources and of their impact on political, social and
environmental aspects, the contributions of this volume analyse to
which extent international economic law can contribute to the
sustainable exploitation, management and distribution of natural
resources. The volume collects contributions on general principles
of natural resources law, the importance of natural resources for
trade, investment and European economic law as well as analyses of
particular sectors and areas including fracking, timber, space and
deep seabed mining and natural resources in the arctic region. In
its section on regional developments, EYIEL 9 addresses two
regional integration systems which are usually not at the centre of
public interest, but which deserve all the more attention due to
their special relations with Europe: The Eurasian Economic Union
and the Caribbean Community (CARICOM). Further EYIEL sections
address recent WTO and investment case law as well as developments
at the IMF. The volume also contains review essays of important
recent books in international economic law and other aspects of
international law which are connected to international economic
relations. The chapter "Sovereignty, Ownership and Consent in
Natural Resource Contracts: From Concepts to Practice" by Lorenzo
Cotula is open access under a CC BY 4.0 license via
link.springer.com.
Since the beginning of the process of European integration the
EU Common Commercial Policy (CCP) has been one of the most dynamic
political fields. The EU has achieved a leading role among the
economic superpowers and is regarded as a single economic area in
which the EU speaks also on behalf of its Member States for most
aspects of external economic politics. This volume analyzes the
implications of the Treaty of Lisbon for the Common Commercial
Policy of the EU. The Lisbon Treaty has declared all matters
concerning external commercial policy as exclusive competences of
the EU. Which consequences does this have for the Member States of
the EU? With regard to institutional modifications, the Lisbon
Treaty has significantly strengthened the role of the European
Parliament and has substantially changed the role of the 'High
Representative of the Union for Foreign Affairs and Security
Policy' (HR). Further topics of this volume are the new normative
framework of the CCP, inter alia the linkage of the CCP to the
general objectives for the EU's external actions and its dependence
on secondary legislation, as well as investment policy now being
part of the CCP.
The entry into force of the Lisbon Treaty entails sweeping changes
with respect to foreign investment regulation. Most prominently,
the Treaty on the Functioning of the European Union (TFEU) now
contains in its Article 207 an explicit competence for the
regulation of foreign direct investment as part of the Common
Commercial Policy (CCP) chapter. With this new competence, the EU
will become an important actor in the field of international
investment politics and law. The new empowerment in the field of
international investment law prompts a multitude of questions. This
volume analyzes in depth the new "post-Lisbon situation" in the
area of investment policy, provokes further discussion and offers
new approaches.
Volume 8 of the EYIEL focuses on the external economic relations of
the European Union as one of the most dynamic political fields in
the process of European integration. The first part of this volume
analyses the recent controversial questions of the external
economic relations of the Union, dealing with the complexity of
mixed agreements, transparency and legitimacy issues as well as
recent proposals in relation to Investor-State-Dispute Settlement,
the Trade Defence Instruments and the implications of the "Brexit"
in this context. The second part of EYIEL 8 addresses ongoing
bilateral and multilateral negotiations of the EU with China,
Japan, Australia, Canada and Taiwan. Moreover, the third part deals
with the EU in international organisations and institutions, in
particular the recent institutional aspects of the EU-UN
relationship, representation in the IMF as well as WTO
jurisprudence involving the EU in 2015. The volume concludes with
reviews of recent books in international economic law.
The Asian Yearbook of International Economic Law (AYIEL) 2022
addresses the rapidly evolving field of international economic law
with a special focus on Asia and the Pacific. This region has long
been and remains a major engine of the world economy; at the same
time, it is characterized by a host of economies with varying
developmental levels, economic policies and legal
jurisdictions. The AYIEL 2022 especially focuses on trade
law, investment law, competition law, dispute settlement, economic
regulation and cooperation, and regional economic integration, as
well as other legal developments in Asian countries.
Volume 12 of the EYIEL focuses on “The Future of Dispute
Settlement in International Economic Law”. While new forms of
dispute settlement are emerging, others are in deep crisis. The
volume starts off with reflections on Dispute Settlement and the
World Trade Organisation, most prominently the crisis of the
Appellate Body, but also addressing international intellectual
property law and the African Continental Free Trade Area. This is
followed by a section on Dispute Settlement and Investment
Protection/International Investment Law, which includes articles on
the summary dismissal of claims, the margin of appreciation
doctrine, the use of conciliation to settle sovereign debt
disputes, and contract-based arbitration in light of Achmea and
Hagia Sophia at ICSID. Further contributions consider the emerging
role of commercial courts, the dejudicialization of international
economic law, dispute settlement in the UK-EU Withdrawal Agreement,
reference mechanisms in dispute resolution clauses, and
UNCLOS.
This EYIEL Special Issue is devoted to the European Union's Trade
Defence Instruments (TDIs). The recent legislative changes at the
EU level are indicative of global policy trends and legal
challenges surrounding trade remedies law. Although TDI measures
have always been a fiercely debated topic in international economic
law, they have received increased attention in recent years. This
book offers a comprehensive and insightful legal analysis of the
recent legislative changes at the EU level and investigates TDIs in
the context of regional trade relationships, including the United
Kingdom in post-Brexit times. Beyond the EU, it examines the
national trade defence law frameworks of important trading partners
such as Switzerland, the United States, China and Vietnam.The
selected contributions in this edited volume examine the recent
trends in trade defence law from a legal and practical perspective
and offer analytical insights from EU officials, legal
practitioners and leading academics. A unique collection of essays
in a changed global framework, this EYIEL Special Issue provides an
up-to-date overview of the state of play of trade defence in the EU
and around the globe.
This open access book considers the potential setup for a future
Multilateral Investment Court (MIC). The option of an MIC was first
discussed by the EU Commission in 2016 and has since been made an
official element of the EU Common Commercial Policy. In 2017,
UNCITRAL also decided to discuss the possibility of an MIC, and on
20 March 2018, the Council of the EU gave the EU Commission the
mandate to negotiate the creation of an MIC. The "feasibility
study" presented here is intended to contribute to a broader
discussion on the options for a new international court specialized
in investment protection. The cornerstones of such a new permanent
court are a strict orientation on the rule of law, reduced costs of
investment protection, transparency considerations, aspects of
consistency in case law, and the effective enforceability of MIC
decisions.
Volume 11 of the EYIEL focuses on rights and obligations of
business entities under international economic law. It deals with
the responsibilities of business entities as well as their special
status in various subfields of international law, including human
rights, corruption, competition law, international investment law,
civil liability and international security law. The contributions
to this volume thus highlight the significance of international law
for the regulation of business entities. In addition, EYIEL 11
addresses recent challenges, developments as well as events in
European and international economic law such as the 2019 elections
to the European Parliament, Brexit and the EU-Mercosur Free Trade
Agreement. A series of essays reviewing new books on international
trade and investment law completes the volume.
Volume 10 of the EYIEL focusses on the relationship between
transnational labour law and international economic law on the
occasion of the 100th anniversary of the International Labour
Organisation (ILO). As one of the oldest UN Agencies, the ILO has
achieved considerable progress with respect to labour rights and
conditions. The contributions to EYIEL Volume 10 assess these
achievements in light of current and future challenges. The ILO's
core instruments and legal documents are analysed and similarly the
impact labour standards have on trade and investment agreements. In
its regional section, EYIEL 10 addresses recent developments in the
US and the EU, including the US' trade policy strategy towards
China as well as the reform of the NAFTA. In its part on
institutions, EYIEL 10 focusses inter alia on the role of the rule
of law in relation to current practices of the International
Monetary Fund and of the WTO's Appellate Body as an international
court. Furthermore, it provides an overview of current cases before
the WTO. Finally, the volume entails a section with review essays
on recently published books in the field of international economic
law and international investment law.
This open access book considers the potential setup for a future
Multilateral Investment Court (MIC). The option of an MIC was first
discussed by the EU Commission in 2016 and has since been made an
official element of the EU Common Commercial Policy. In 2017,
UNCITRAL also decided to discuss the possibility of an MIC, and on
20 March 2018, the Council of the EU gave the EU Commission the
mandate to negotiate the creation of an MIC. The "feasibility
study" presented here is intended to contribute to a broader
discussion on the options for a new international court specialized
in investment protection. The cornerstones of such a new permanent
court are a strict orientation on the rule of law, reduced costs of
investment protection, transparency considerations, aspects of
consistency in case law, and the effective enforceability of MIC
decisions.
This book considers the potential setup for a future Multilateral
Investment Court (MIC). The option of an MIC was first discussed by
the EU Commission in 2016 and has since been made an official
element of the EU Common Commercial Policy. In 2017, UNCITRAL also
decided to discuss the possibility of an MIC, and on 20 March 2018,
the Council of the EU gave the EU Commission the mandate to
negotiate the creation of an MIC. The "feasibility study" presented
here is intended to contribute to a broader discussion on the
options for a new international court specialized in investment
protection. The cornerstones of such a new permanent court are a
strict orientation on the rule of law, reduced costs of investment
protection, transparency considerations, aspects of consistency in
case law, and the effective enforceability of MIC decisions.
This EYIEL Special Issue is devoted to the European Union's Trade
Defence Instruments (TDIs). The recent legislative changes at the
EU level are indicative of global policy trends and legal
challenges surrounding trade remedies law. Although TDI measures
have always been a fiercely debated topic in international economic
law, they have received increased attention in recent years. This
book offers a comprehensive and insightful legal analysis of the
recent legislative changes at the EU level and investigates TDIs in
the context of regional trade relationships, including the United
Kingdom in post-Brexit times. Beyond the EU, it examines the
national trade defence law frameworks of important trading partners
such as Switzerland, the United States, China and Vietnam.The
selected contributions in this edited volume examine the recent
trends in trade defence law from a legal and practical perspective
and offer analytical insights from EU officials, legal
practitioners and leading academics. A unique collection of essays
in a changed global framework, this EYIEL Special Issue provides an
up-to-date overview of the state of play of trade defence in the EU
and around the globe.
Volume 7 of the EYIEL focusses on critical perspectives of
international economic law. Recent protests against free trade
agreements such as the Transatlantic Trade and Investment
Partnership (TTIP) remind us that international economic law has
always been a politically and legally contested field. This volume
collects critical contributions on trade, investment, financial and
other subfields of international economic law from scholars who
have shaped this debate for many years. The critical contributions
to this volume are challenged and sometimes rejected by
commentators who have been invited to be "critical with the
critics". The result is a unique collection of critical essays
accompanied by alternative and competing views on some of the most
fundamental topics of international economic law. In its section on
regional developments, EYIEL 7 addresses recent megaregional and
plurilateral trade and investment agreements and negotiations.
Short insights on various aspects of the Transpacific Partnership
(TPP) and its sister TTIP are complemented with comments on other
developments, including the African Tripartite FTA und the
negotiations on a plurilateral Trade in Services Agreement (TiSA).
Further sections address recent WTO and investment case law as well
as recent developments concerning the IMF, UNCTAD and the WCO. The
volume closes with reviews of recent books in international
economic law.
The entry into force of the Lisbon Treaty entails sweeping changes
with respect to foreign investment regulation. Most prominently,
the Treaty on the Functioning of the European Union (TFEU) now
contains in its Article 207 an explicit competence for the
regulation of foreign direct investment as part of the Common
Commercial Policy (CCP) chapter. With this new competence, the EU
will become an important actor in the field of international
investment politics and law. The new empowerment in the field of
international investment law prompts a multitude of questions. This
volume analyzes in depth the new "post-Lisbon situation" in the
area of investment policy, provokes further discussion and offers
new approaches.
This article-by-article Commentary on the Canada-European Union
Comprehensive Economic and Trade Agreement (CETA) is a vital
resource for practitioners and academics in the field of EU
investment protection law. CETA has been called a game-changer. In
the investment chapter, it has introduced a number of key
innovations, including; - the investment court system with an
appellate tribunal, - guidelines on third party funding, -
transparency and information sharing, - modern versions of
standards of protection, and - detailed provisions on reservations
and exceptions. Considering that the new dispute resolution
provisions in this chapter have also passed the scrutiny of the
Court of Justice of the European Union, it is expected that
CETA’s investment chapter will serve as a blueprint for future EU
investment agreements and so a full understanding of this, offered
by this useful Commentary, is essential for lawyers.
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