International law: transnational commerce Books

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Book SynopsisOffers insights into the state of EU-Korea relations and considers potential lessons for other bilateral and regional initiatives. This is a study of the recently concluded South Korea-EU FTA and its implications for relations between the two partners. It analyses the key provisions of the South Korea-EU FTA in detail.

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Book SynopsisWhat considerations do you need to take into account when planning an international commercial agreement? What writing techniques will ensure that your contract is suited to your needs? What provisions should you include in such a contract? This book deals with these questions.Table of Contents1. Planning an international commercial agreement; Overview of chapter; Contractual considerations; Form of international commercial agreements; Formation of international commercial agreements; Subject matter; Illegality; Parties contracting; Capacity; Trade barriers; Dispute resolution; Need to research local law; Tort; Product Liability; Crime; Summary; 2. Drafting an International Commercial Agreement; Overview of chapter; Point of departure; Freedom to contract; Legality; International instruments governing international; agreements; CISG; Choice of law in international agreements; Requirements relating to the form of the contract; Missing or vague terms; Defined terms; Language of contract; Checklist of provisions; Structure; Cover sheet; Table of contents; Index of defined terms; Front of the contract; Title; Introductory clause; Recitals; Body of the contract; Division of text in body; Definitions clause; Boilerplate clauses; Assignment clause; Merger clause; Modification clause; Severance clause; Notice clause; Dispute resolution; Language clause; Back of the contract; Concluding clause; Signature blocks; Attachments; Summary; 3. International Sales Agreement; Overview of chapter; General provisions; Checklist of provisions; Front of the contract; Body of the contract; Summary; 4. International Distribution Agreement; Overview of chapter; Transnational sales and development of export function; Introduction; Vertical integration; Supply chain - Levels and roles; Choosing between an agent and distributor; Distribution agreement; Fundamentals of distribution; Motives and concerns of distributor; Motives and concerns of manufacturer; General provisions; Summary; 5. International Agency Agreement; Overview of chapter; Introduction; Fundamentals of agency law; Agency agreements under EU law; General provisions; Summary; 6. International Licensing Agreement; Overview of chapter; Fundamentals of intellectual property law; Principal's concerns; Licensee's concerns; General provisions; Summary.

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Book SynopsisA detailed look at one little-known but powerful provision in most modern trade agreements.International trade deals have become vastly complex documents, seeking to govern everything from labor rights to environmental protections. This evolution has drawn alarm from American voters, but their suspicions are often vague.In this book, investigative journalist Haley Sweetland Edwards focuses on one crucial aspect of these massiveagreements: a powerful provision called Investor-State Dispute Settlement, which allows foreign corporations to sue sovereign nations before little-known supranational arbitration tribunals.Edwards makes a devastating casethat these tribunals (the shadow courts of the book''s title), which were designed 50 years ago to protect foreign investors'' property rights abroad,are now being exploited by multinational corporationsat the expense of sovereign nations and their citizens.From the 1960s to 2000, corporations brought fewer than 40Trade Review"One of those wonderful, short books from Columbia Global Reports." - Felix Salmon, host of Slate Money "I read it in one night and felt like underlining every word of every page." - Cathy O'Neil, author of Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy "It's a short, vital introduction to [Investor-state dispute settlement] history and use, the shocking ways in which corporations have used it to bend governments to their will, and the total lack of justification for using such mechanisms in developed, stable countries." --The Week "SHADOW COURTS, a new book by Time magazine's Haley Edwards, shows how ISDS threats have strained support for free trade around the world." - Todd Tucker, Politico "Time investigative reporter Edwards charges that the controversial Investor-State Dispute Settlement tribunals at the heart of many current trade deals represent a major shift in global relations in favor of private corporate interest... Edwards does a great service for the public by turning the spotlight of disclosure on this dark corner of international relations." --Kirkus Reviews

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Book SynopsisToday most people agree that no business is purely domestic and that even the smallest local firms are affected by global competition and world events. INTERNATIONAL BUSINESS AND ITS LEGAL ENVIRONMENT is designed to deliver comprehensive, yet accessible, coverage of the legal implications and ramifications of doing business internationally, along with the related cultural, political, economic, and ethical issues faced by global business managers. Focusing on trade, the licensing of intellectual property, and foreign direct investment, the authors present the three major forms of doing business in a foreign country through real-world examples, precedent-setting cases, managerial implications, and ethical considerations. From the legal relationship between parties in an international business transaction to managing risk to learning the special challenges of doing business in emerging economies, the 9th Edition helps students understand the most common practices and critical issues in glTable of Contents1. Introduction to International Business. 2. International Law and the World's Legal Systems. 3. Resolving International Commercial Disputes. 4. The Formation and Performance of Contracts for the Sale of Goods. 5. The Documentary Sale and Terms of Trade. 6. Legal Issues in International Transportation. 7. Bank Collections and Letters of Credit. 8. National Lawmaking Powers and the Regulation of U.S. Trade. 9. The World Trade Organization: Basic Principles. 10. Laws Governing Access to Foreign Markets. 11. Regulating Import Competition and Unfair Trade. 12. Imports, Customs, and Tariff Law. 13. Regulating Exports. 14. North American Free Trade Law. 15. The European Union. 16. International Marketing and Consumer Law. 17. Protecting and Licensing Intellectual Property. 18. The Legal Environment of Foreign Direct Investment. 19. Employment and Immigration Law. 20. Environmental Law. 21. Regulating the Competitive Environment.

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Book Synopsis“This is a big book, with big themes and an author with the necessary experience to back them up… Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.” (Law Quarterly Review) Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements. 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.Table of ContentsPart I The Emergence of the Modern Lex Mercatoria, its Method, Structure and Antecedents. Civil or Common Law Thinking? 1.1. Introduction 1.2. The Origin of Civil Law. Its Traditional Approach to Law Formation and to the Operation of Private Law. Effect on Commercial and Financial Law 1.3. The Origin and Evolution of the Common Law. Its Approach to Law, Private Law Formation and Operation 1.4. The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria 1.5. Different Legal Orders, their Manifestation, and the Competition between them. Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria) Part II The Nature, Status and Function of Private International Law 2.1. Modern Private International Law 2.2. The Modern European and US Approaches to Conflicts of Law 2.3. Interaction of Private International Law and Uniform Law Part III The Substance and Operation of Transnational Commercial and Financial Law or the Modern Lex Mercatoria 3.1. The Lex Mercatoria, Interrelation with Private International Law, Legitimation 3.2. The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration in the Positive Law 3.3. Operation of the Lex Mercatoria. Objections

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Book Synopsis“… remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King’s Law Journal) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. 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.Table of ContentsPart I International Commercial Arbitration 1.1. Introduction 1.2. The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria as Lex Arbitri. Transnational and Domestic Public Policy Considerations in the International Arbitral Process 1.3. International Arbitration: Initial Steps and Complications 1.4. The Conduct of the Proceedings and the Award 1.5. The Role of National Courts 1.6. The New York Convention. International Recognition and Enforcement of the Awards Part II International Financial Arbitration 2.1. Introduction 2.2. Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 2.3. Financial Arbitration, Public Policy Concerning Financial Instruments, Regulation, and Remedies 2.4. Complications in International Financial Arbitrations 2.5. The Emergence of P.R.I.M.E. Part III Foreign Investment Arbitration 3.1. Introduction 3.2. The Basic Foreign Investment Protections. Direct Foreign Investors’ Claims and the Role of Investment Arbitration 3.3. The Applicable Law in Foreign Investments 3.4. Proprietary and Non-proprietary Takings 3.5. Dispute Resolution and the Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty (CETA) Part IV The Reasoning of International Arbitrators 4.1. Introduction 4.2.A Proper Perspective 4.3.Conclusions

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Book SynopsisThe Fifth Edition of Principles of International Business Transactions provides a more comprehensive examination of the law relevant to the subject matter and detailed citations to caselaw and other supporting authorities. It can be used by courts and legal practitioners as a resource for research and analysis, as well as by students and professors as a supplement for any international business law course. It tracks the authors' popular problem-oriented coursebook, International Business Transactions. Coverage moves sequentially from structuring international sales transactions to international sales law and letters of credit to regulation of international trade to transfers of technology to foreign investment to international business dispute settlement.

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Book Synopsis'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.'- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands 'Globalization pushes the boundaries of markets. Alongside the greater ''goods'' of transnational economic activity come the ''bads'' of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority - the superstates of a brave new world - but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.'- Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. VerbruggenTrade Review‘The book is a very worthwhile compendium of analysis of different aspects of the issue. It will be useful to persons in government, universities, associations and legal practice who are involved in reflecting upon the soundness of a transnational private regulation regime, and enable them to develop a framework of analysis, evaluate best practices and engage in comparative studies.’ -- Peter Glossop, International Trade Law and Regulation‘As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.’ -- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands‘Globalization pushes the boundaries of markets. Alongside the greater “goods” of transnational economic activity come the “bads” of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the superstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.’ -- Samuel Issacharoff, New York University, School of Law, USTable of ContentsContents: Preface Introduction: The Transformation of Transnational Private Regulation: Enforcement Gaps and Governance Design Fabrizio Cafaggi PART I: RETHINKING THE PUBLIC–PRIVATE DIVIDE 1. Enforcement of Transnational Public Regulation Richard Stewart 2. Enforcing Transnational Private Regulation: Models and Patterns Fabrizio Cafaggi 3. National Courts and Transnational Private Regulation Eyal Benvenisti and George W. Downs 4. Non-judicial Enforcement of Transnational Private Regulation Colin Scott PART II: JUDICIAL ENFORCEMENT OF TRANSNATIONAL PUBLIC REGULATION 5. Judicial Models of International Law Enforcement Francesco Francioni 6. Multilevel Judicial Protection of ‘Rule of Law’ in Transnational Regulation Requires ‘Struggles for Justice’ Ernst-Ulrich Petersmann PART III: TRANSNATIONAL PRIVATE REGIMES: CONTRASTING JUDICIAL AND NON-JUDICIAL ENFORCEMENT ACROSS SECTORS 7. Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form Kevin E. Davis 8. Enforcement of Private Transnational Labor Regulation: A New Frontier in the Anti-Sweatshop Movement? Cynthia Estlund 9. Financial Private Regulation and Enforcement Geoffrey P. Miller 10. Transnational Private Regulation of the Internet: Different Models of Enforcement Federica Casarosa 11. Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness Paul Verbruggen PART IV: CONCLUSION 12. The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron Sabino Cassese, Elisa D’Alterio and Maurizia De Bellis Index

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Book Synopsis'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.'- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands 'Globalization pushes the boundaries of markets. Alongside the greater ''goods'' of transnational economic activity come the ''bads'' of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority - the superstates of a brave new world - but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.'- Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. VerbruggenTrade Review‘The book is a very worthwhile compendium of analysis of different aspects of the issue. It will be useful to persons in government, universities, associations and legal practice who are involved in reflecting upon the soundness of a transnational private regulation regime, and enable them to develop a framework of analysis, evaluate best practices and engage in comparative studies.’ -- Peter Glossop, International Trade Law and Regulation‘As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.’ -- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands‘Globalization pushes the boundaries of markets. Alongside the greater “goods” of transnational economic activity come the “bads” of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the superstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.’ -- Samuel Issacharoff, New York University, School of Law, USTable of ContentsContents: Preface Introduction: The Transformation of Transnational Private Regulation: Enforcement Gaps and Governance Design Fabrizio Cafaggi PART I: RETHINKING THE PUBLIC–PRIVATE DIVIDE 1. Enforcement of Transnational Public Regulation Richard Stewart 2. Enforcing Transnational Private Regulation: Models and Patterns Fabrizio Cafaggi 3. National Courts and Transnational Private Regulation Eyal Benvenisti and George W. Downs 4. Non-judicial Enforcement of Transnational Private Regulation Colin Scott PART II: JUDICIAL ENFORCEMENT OF TRANSNATIONAL PUBLIC REGULATION 5. Judicial Models of International Law Enforcement Francesco Francioni 6. Multilevel Judicial Protection of ‘Rule of Law’ in Transnational Regulation Requires ‘Struggles for Justice’ Ernst-Ulrich Petersmann PART III: TRANSNATIONAL PRIVATE REGIMES: CONTRASTING JUDICIAL AND NON-JUDICIAL ENFORCEMENT ACROSS SECTORS 7. Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form Kevin E. Davis 8. Enforcement of Private Transnational Labor Regulation: A New Frontier in the Anti-Sweatshop Movement? Cynthia Estlund 9. Financial Private Regulation and Enforcement Geoffrey P. Miller 10. Transnational Private Regulation of the Internet: Different Models of Enforcement Federica Casarosa 11. Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness Paul Verbruggen PART IV: CONCLUSION 12. The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron Sabino Cassese, Elisa D’Alterio and Maurizia De Bellis Index

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Book SynopsisThis special issue asks what role society can play in the regulation of transnational risks, as an alternative to or at least significant addition to reliance on state regulatory activity and the myth of the self-regulatory capacity of markets (Stiglitz, 2001, p. xiii). How can a social sphere contribute to the prevention and management of risks, often transnational in nature, posed by economic activity? Leading socio-legal scholars explore whether and how the idea of harnessing the regulatory capacity of a social sphere provides a new analytical lens that can provide fresh insights into transnational risk regulation, and whether this idea helps to identify innovative approaches to regulating transnational risks.Table of ContentsAfter a romantic aspiration to society: Harnessing the regulatory capacity of a social sphere. Polanyi in an hourglass: The two lives of a sociological classic. A systems theory perspective on polanyi’s great transformation: The case of financial derivative contracts. From Polanyi to discourse theory. How markets work: The lawyer’s version. Sovereign debt restructuring in the Eurozone: A polanyian reading of private law enforcement. Defiance in the social sphere: The complexity of risk regulation in the case of fair trade. “Etiquette and magic”: Between embedding and embedded corporate social responsibility. Emotions and risk regulation. Trust and regulation: Insights from the mining industry. Separate spheres? The cultural contradictions of markets. From economy to society? Perspectives on transnational risk regulation. Studies in law, politics, and society. From economy to society? Perspectives on transnational risk regulation. Copyright page. List of Contributors. EDITORIAL BOARD.

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Book SynopsisProfessor Mike Koehler has brought to this volume the clear-eyed perspective that has made his FCPA Professor website the most authoritative source for those seeking to understand and apply the FCPA. This is a uniquely useful book, laying out systematically the history and rationale of the FCPA, as well as its evolution into a structure governed as much by lore as by law. It will be valuable both to those who counsel international corporations, whether in connection with immediate crises or long-term strategies; and to those who contemplate what the FCPA has become, and how it can be improved.'- Michael Mukasey, Former U.S. Attorney General'This is the single most comprehensive academic treatment of the Foreign Corrupt Practices available. Professor Koehler's book will become the authoritative standard for the field. The book not only treats the history of the FCPA, but analyzes the statute's elements in detail, discusses current cases, and makes proposals for reforms where the current law is deficient. The book is written in a clear, accessible style and I will use it often as a resource for my own scholarly work.'- Daniel Chow, Associate Dean for International and Graduate Programs, The Ohio State University Michael E. Moritz College of Law, USA'An excellent and thought-provoking book by a great expert. Backed up by rigorous analysis of cases, Professor Koehler constantly challenges those involved in anti-corruption work by asking the question 'why?' He puts forward many constructive and well-argued suggestions for improvements that need to be considered. I have learned a lot from Professor Koehler over the years and I can thoroughly recommend this book.'- Richard Alderman, Former Director of the UK Serious Fraud OfficeThe Foreign Corrupt Practices Act (FCPA) has emerged as a top concern for companies doing business in the global marketplace. This book is the first of its kind given its comprehensive and provocative coverage of the FCPA and its many related legal and policy issues.In The Foreign Corrupt Practices Act in a New Era, Professor Koehler dissects the FCPA's new era and confronts the FCPA statutory text, legislative history, judicial decisions, enforcement agency guidance, and resolved FCPA enforcement actions.Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the 'world's most ethical FCPA violators,' 'the façade of enforcement' the 'three buckets' of FCPA financial exposure, 'FCPA Inc. and the business of bribery,' and the 'offensive use' of the FCPA. The book places an emphasis on learning FCPA issues incrementally in the belief that foundational knowledge (such as general legal principles and general Department of Justice and Securities and Exchange Commission enforcement policies and resolution vehicles) will best enhance understanding and comprehension of specific FCPA topics.Understanding the FCPA's new era is a fundamental skill-set for a diverse group of professionals navigating the global marketplace. This book provides a toolkit that will help readers from the boardroom to the courtroom to the classroom better understand the FCPA, FCPA enforcement, FCPA compliance strategies, and the many legal and policy issues present in this new era.Contents: Prologue Introduction and Overview 1. Before the New Era: The Story of the FCPA and Its Early Enforcement 2. FCPA Foundational Knowledge 3. The FCPA's Anti-Bribery Provisions 4. The FCPA's Books and Records and Internal Controls Provisions 5. FCPA Enforcement 6. Reasons for the Increase in FCPA Enforcement 7. The FCPA's Long Tentacles 8. FCPA Compliance and Best Practices 9. FCPA Reform Conclusion IndexTrade Review‘Professor Mike Koehler has brought to this volume the clear-eyed perspective that has made his FCPA Professor website the most authoritative source for those seeking to understand and apply the FCPA. This is a uniquely useful book, laying out systematically the history and rationale of the FCPA, as well as its evolution into a structure governed as much by lore as by law. It will be valuable both to those who counsel international corporations, whether in connection with immediate crises or long-term strategies; and to those who contemplate what the FCPA has become, and how it can be improved.’ -- Michael Mukasey, Former U.S. Attorney General‘This is the single most comprehensive academic treatment of the Foreign Corrupt Practices available. Professor Koehler’s book will become the authoritative standard for the field. The book not only treats the history of the FCPA, but analyzes the statute’s elements in detail, discusses current cases, and makes proposals for reforms where the current law is deficient. The book is written in a clear, accessible style and I will use it often as a resource for my own scholarly work.’ -- Daniel Chow, Associate Dean for International and Graduate Programs, The Ohio State University Michael E. Moritz College of Law, US‘An excellent and thought-provoking book by a great expert. Backed up by rigorous analysis of cases, Professor Koehler constantly challenges those involved in anti-corruption work by asking the question “why?” He puts forward many constructive and well-argued suggestions for improvements that need to be considered. I have learned a lot from Professor Koehler over the years and I can thoroughly recommend this book.’ -- Richard Alderman, Former Director of the UK Serious Fraud Office‘The Foreign Corrupt Practices Act in a New Era, by the law professor Mike Koehler, provides a fascinating and thorough analysis of the Foreign Corrupt Practices Act (FCPA). . . the contribution this new volume makes to the field is unequivocally substantial.’ -- Peter Reilly, International Trade Law and RegulationTable of ContentsContents: Prologue Introduction and Overview 1. Before the New Era: The Story of the FCPA and Its Early Enforcement 2. FCPA Foundational Knowledge 3. The FCPA’s Anti-Bribery Provisions 4. The FCPA’s Books and Records and Internal Controls Provisions 5. FCPA Enforcement 6. Reasons for the Increase in FCPA Enforcement 7. The FCPA’s Long Tentacles 8. FCPA Compliance and Best Practices 9. FCPA Reform Conclusion Index

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Book SynopsisThe great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.'- Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.'- Carlos M. Correa, University of Buenos Aires, ArgentinaTrade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions.Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries.The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies.Key features:- Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies.- Covers both business-to-business and employment relationships.- Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan.- Dependable analysis from two leading scholars in the field.- Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation.- Clear guidance on enforcement mechanisms and litigation procedure.This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.Trade Review‘Two powerful forces push against each other in the high-stakes world of modern commerce. First, innovation is key, because the competition for old, established products is fierce. Second, commerce today is inherently and relentlessly global. Because innovation is often best protected through trade secrecy, this body of law has taken on enormous importance throughout the world in recent years. But the effective protection of trade secrets varies significantly from country to country. So what to do? The authors of this essential book provide practical and detailed answers to this crucial question. They begin by emphasizing the inclusion of trade secrets in the TRIPs Agreement, and the model for TRIPs-level protection, the US Uniform Trade Secrets Act (UTSA), which serves as a “baseline” for protection around the world. They then describe in detail the importance of contractual protection and self-help measures as crucial adjuncts to formal legal protection. They provide a concise summary of trade secret laws in all important trading partner countries in the world. And they describe practical strategies for effective trade secret protection. The long and short of it is that this book is an excellent, practical resource for lawyers needing to know how best to navigate the tricky but essential waters of global trade secret protection.’ -- Robert Merges, University of California, Berkeley, US‘The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.’ -- Ping Xiong, University of South Australia‘This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.’ -- Carlos M. Correa, University of Buenos Aires, Argentina‘In total, a very valuable and thorough law book.’ -- The Criminal LawyerTable of ContentsContents: PART I TRIPS REQUIREMENTS AND THE FUNDAMENTALS OF US TRADE SECRET LAW 1. Introduction 2. Article 39 of the TRIPS Agreement 3. US Trade Secret Law and the Uniform Trade Secrets Act 4. Trade Secrets and Business to Business Relationships 5. Trade Secrecy in Employment Relationships 6. Enforcement Mechanisms and Litigation 7. Government Held Trade Secrets and Data Exclusivity PART II OVERVIEW OF TRADE SECRET LAW IN SELECT COUNTRIES 8. Understanding the Laws of Other Countries 9. Country Overviews: Common Law Countries 10. Country Overviews: Civil Law Countries Index

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Book SynopsisTransnational 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. Catá 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. Rühmkorf, R. Tomasic, M. WörsdörferTable of ContentsContents: Introduction: Understanding Transnational Corporations in the 21st Century Alice de Jonge and Roman Tomasic PART I THE GLOBAL CONTEXT 1. The Evolving Nature of the Transnational Corporation in the 21st Century Alice de Jonge 2. Theoretical Approaches to Global Regulation of Transnational Corporations Rachel J. Anderson 3. The Evolving Relationship between TNCs and Political Actors and Governments Larry Catá Backer 4. The UN Global Compact Maria Alejandra Gonzalez-Perez and Liam Leonard 5. The Equator Principles and the ‘Business and Human Rights Debate’: Hype or Hope? Manuel Wörsdörfer 6. Group Companies: Supply Chain Management, Theory and Regulation Jodie A. Kirshner 7. Global Sourcing through Foreign Subsidiaries and Suppliers: Challenges for Corporate Social Responsibility Andreas Rühmkorf PART II TNC BEHAVIOR AND STRATEGY IN THE 21ST CENTURY: INDUSTRY CASE STUDIES 8. How the Transnational Pharmaceutical Industry Pursues its Interests Through International Trade and Investment Agreements: A Case Study of the Trans Pacific Partnership Deborah Gleeson, Pat Neuwelt, Erik Monasterio and Ruth Lopert 9. A Case in Supply Chain and Business Sustainability: Samsung’s Management of Human Rights in Consumer Electronics Manufacturing Anna Chou PART III TNC BEHAVIOUR AND STRATEGY IN THE 21ST CENTURY: COUNTRY CASE STUDIES 10. China’s Investment Traditions and the Modern Transnational Corporation Megan Bowman, George Gilligan and Justin O’Brien 11. Capital Market Disclosure Regimes: Advancing Accountability for Chinese TNCs Virginia Harper Ho 12. Transnational Corporations and Mining Tax Reform: The Story of the Australian Mineral Resources Rent Tax Revolt Roman Tomasic 13. Risks and Fiscal Concerns in the Extraction of Natural Resources: A study of transnational corporations in Papua New Guinea Diane Kraal Index

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Book SynopsisThis innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.Trade Review'International commercial arbitration has of late attracted vast amounts of commentary, much of it merely advocacy in favor of or against the enterprise, and all too often polemical in nature. What the field has lacked is a truly penetrating and holistic study of the challenges facing the enterprise, both its workings and its connection with other international dispute resolution regimes. Into this gap comes Gilles Cuniberti's masterful work which deserves the attention of anyone wanting to take international commercial arbitration seriously.' --George A. Bermann, Columbia Law School, US'Arbitration is, for many reasons - one of which is neutrality - a more suitable mode of dispute resolution in an international context than litigation before a State court. Building on his seminal 2009 article, Professor Gilles Cuniberti implacably demonstrates that arbitration should be given the status of default mode, and systematically rebuts the conventional objections against such a revolutionary proposal. He does so with such talent and persuasive power that the initially sceptical, but open-minded, reader, after turning the last page, must honestly admit that Professor Cuniberti might well have convinced him.' --Pierre Mayer, Emeritus Professor at the University of Paris 1 Pantheon-Sorbonne, France'Cuniberti's thought-provoking book elaborates on the concept of default arbitration which he was the first to propose in a 2009 article. The idea is that, in the international setting, arbitration should be the default mode of resolution of commercial disputes because it is superior to court litigation, particularly on account of its neutrality and flexibility. This shift of paradigm has been gaining traction, but remains controversial. Cuniberti's well-argued analysis brings a welcome breath of fresh air to the debates on arbitration, which remain extremely deferential to acquired wisdom but often fail duly to consider the evolution in the reality of international commercial relations.' --Luca G. Radicati di Brozolo, Catholic University of Milan, ItalyTable of ContentsContents: Part I Why Promote Arbitration 1. The Most Suitable Mode of Dispute Resolution Part II The Decline of Consent in Modern Arbitration 2. Foreign Investment Arbitration 3. Domain Name Arbitration 4. The French Experience Part III Policy Analysis 5. The Legitimacy of Private International Adjudication 6. The Public Functions of Courts Part IV Constitutional Constraints 7. European Law 8. The Constitution of the United States Part V Models of Default Arbitration 9. The Proposed Model 10. Variant 1: Arbitration as Forum Conveniens 11. Variant 2: Ending the Commercial Judicial Subsidy Part VI Implementation 12. Indirect Paths 13. Direct Paths Index

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Book SynopsisThis thorough and detailed Research Handbook explores the complexity of the governance of sales contracts in the modern world. It considers what is, and what ought to be, the role of traditional sales law in light of the growing diversity of commercial, trade and transactional contexts in which such contracts are made and performed. Offering an international and comparative perspective, leading experts in the field examine many topical aspects of sales law and practice. These include digital technologies, long-term contracts, global supply chains and trade in commodities. Chapters also investigate the diversity of sources that govern sales contracts today, particularly those sources that emanate from the industry and commercial players, such as standard form contracts, rules of trade associations, trade usages and trade terms. Through this critical and highly analytical examination, this Research Handbook ultimately demonstrates that the sources of governance found within the industrial sector are as important as traditional sales law, if not more so, in terms of their role in governing sales contracts in contemporary society. This timely and engaging Research Handbook will prove an essential read for students, scholars and legal practitioners with an interest in international commercial sales and contract law. Practitioners working in international trade across industry and the commercial sector will also benefit from its practical approach. Contributors include: R. Aikens, M. Bridge, F. Cafaggi, J. Coetzee, C.P. Gillette, M. Goldby, S. Green, M. Hammerson, C. Hare, E. Richardson, D. Saidov, M. Schillig, U.G. Schroeter, L. Spagnolo, A. Tettenborn, P. Wallace Trade Review‘Djakhongir Saidov’s book on International and Comparative Sale of Goods Law is, indeed, both a Handbook and an outstanding research work. Saidov has accomplished the task of combining enriching contributions from high-profile academics and practitioners to provide a sound understanding of key aspects of the law governing the cross-border sale of goods and address the complex question he has identified. At the same time, the Handbook, as research work, offers stimulating lines of thought to those readers with a deeper background in the topic.’ -- Miquel Mirambell Fargas, European Review of Contract LawTable of ContentsContents: Preface Part I: Purposes of Modern Sales Law 1. ‘Introduction: Unity and Diversity in the Law of Sale of Goods’ Djakhongir Saidov 2. ‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’ Lisa Spagnolo 3. ‘Has the UN Sales Convention Achieved its Key Purpose(s)? Ulrich G Schroeter Part II: Looking into the Substance of Sales Law 4. ‘Sales Law and Digitised Material’ Sarah Green 5. ‘Trade Usages in International Sales Law’ Djakhongir Saidov 6. ‘Abstract Damages in International Sale Contracts – When should They be Available?’ Andrew Tettenborn 7. ‘Substituting Data for Documents - A New Meaning for “Conforming Tender”? Miriam Goldby Part III: Standard Form Contracts and Trade Terms 8. ‘Are Commercial Standard Form Contracts Efficient?’ Clayton P Gillette 9. ‘CIF and FOB Contracts in English Law: Current Issues and Problems’ Michael Bridge 10. ‘Incoterms® and the Standardization of the International Sales Law’ Juana Coetzee Part IV: Transactional Contexts - Long-Term Contracts and Global Supply Chains 11. ‘Long-Term Gas Sales Agreements’ Marc Hammerson and Emma Richardson 12. ‘Long-Term Power Purchase Agreements: The Factors that Influence Contract Design’ Patrick Wallace 13. ‘Sales in Global Supply Chains: A New Architecture of the International Sales Law’ Fabrizio Cafaggi Part V: Intersections with other Areas 14. ‘The Impact of Arbitration on the Development of International Sales Law’ Richard Aikens 15. ‘Insolvency Treatment of Retention of Title Arrangements in Cross-Border Transactions’ Michael Schillig 16. ‘Consolidation and Disintegration in Trade Finance’ Christopher Hare Index

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Book SynopsisThis book demystifies the dynamics of cross-border mergers and acquisitions; from the preliminary agreements and due diligence, to valuation, structuring, financing, and the eventual closing of the deal. It examines merger incentives and efficiencies, in theory and in empirical findings. The author adeptly identifies the impediments facing cross-border mergers and acquisitions and focuses on pre-merger control laws and regulations, particularly those of the US, EU, and Middle East. Consideration is also given to merger deregulation and other key reforming proposals. The book will be a useful resource for students and scholars with an interest in mergers and acquisitions, antitrust laws, and corporate history. Legal Professionals and those in related fields will gain a practical understanding of how to tailor their deals to overcome the unique impediments associated with cross-border transactions. Policy makers will also find the information and assessment criteria developed in the book to be a useful tool for evaluating and designing policy.Table of ContentsContents: Introduction 1. Demystification of Mergers And Historical Overview 2. Merger Incentives, Efficiencies, And Impediments 3. Proposals For Reform Conclusion and Recommendations Bibliography Index

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Book SynopsisFrom agriculture to sport and from climate change to indigenous rights, transnational regulatory regimes and actors are multiplying and interacting with poorly understood results. This interdisciplinary book investigates whether, how and by whom transnational business governance interactions (TBGIs) can be harnessed to improve the quality of transnational regulation and advance the interests of marginalized actors. Exploring multiple sectors and issue areas, Transnational Business Governance Interactions presents new empirical and theoretical research from leading and emerging scholars and identifies obstacles to, and opportunities for, mobilizing TBGIs to enhance regulatory capacities, outputs and outcomes and to advance marginalized actors in transnational business governance. The prime readership for this work is an interdisciplinary audience of academics including scholars of law, business, environmental studies, international relations, political science, political economy and sociology. Because of its attention to practical strategies to harness governance interactions to enhance regulatory quality and advance marginalized groups, the book will also be of interest to high-level participants in global business governance, including standards-setting bodies, certification bodies, auditors, trade associations, civil society organizations, social movement organizers, national regulators, overseas development agencies and international organizations. Contributors include: K.W. Abbott, G. Auld, M. Bach, S. Carodenuto, B. Cashore, D. Casey, C.C.-H. Chen, B. Eberlein, P. Foley, S. Gao, T. Havinga, L.F. Henriksen, E. Meidinger, N. Oman, P. Paiement, S. Renckens, R. Schmidt, L. Seabrooke, P. Verbruggen, O. Westerwinter, J.K. Winn, S. WoodTrade Review'Transnational Business Governance Interactions provides a detailed exploration of whether and how interactions between the transnational regulatory governance regimes of businesses in a range of sectors can be harnessed by those participating in them to improve regulatory quality and advance the interests of marginalised actors. It provides a rich set of case studies which examine when and how such interactions can be productive or constraining, and deepens our theoretical understandings of this important area of polycentric regulatory governance.' --Julia Black, London School of Economics and Political Science, UKTable of ContentsContents: 1 Transnational business governance interactions, regulatory quality and marginalized actors: An introduction 1 Stepan Wood, Burkard Eberlein, Errol Meidinger, Rebecca Schmidt and Kenneth W. Abbott PART I IMPROVING THE QUALITY OF TRANSNATIONAL REGULATION 2 Transnational business governance interactions in food safety regulation: Exploring the promises and risks of enrolment 28 Paul Verbruggen and Tetty Havinga 3 Governance interactions in sustainable supply chain management 52 Errol Meidinger 4 Local practices, transnational solutions? The role of host cities in the cyclical process of environmental regulation of sports mega-events 77 Rebecca Schmidt 5 Transnational governance of innovation in payment services: A case study of the Single Euro Payments Area 99 Jane K. Winn 6 Micro-level interactions in the compliance processes of transnational private governance: The market for Marine Stewardship Council auditors and assessors 123 Graeme Auld and Stefan Renckens 7 The evolution of transnational governance overlaps: A network approach 141 Oliver Westerwinter 8 Issue control in transnational business governance interactions 166 Lasse Folke Henriksen and Leonard Seabrooke PART II ADVANCING THE INTERESTS OF MARGINALIZED ACTORS 9 Interactions, iteration and early institutionalization: Competing lessons of GLOBALGAP’s legitimation 183 Donal Casey 10 Can non-state regulatory authority improve domestic forest sustainability? Assessing interactive pathways of influence in Cameroon 207 Sophia Carodenuto and Benjamin Cashore 11 Transnational delegation, accountability and the administrative governance of biofuel standards 227 Phillip Paiement 12 Capturing climate: Tracking nascent transnational business governance interactions around the Oil and Gas Climate Initiative 253 Matthew Bach 13 Transnational business governance interactions and financial regulation change: A case of Asian financial markets 275 Simin Gao and Christopher (Chao-Hung) Chen 14 A Coxian perspective on transnational business governance interactions: Counter-hegemonic certification movements in fisheries 294 Paul Foley 15 Private ordering and transnational social justice: The Forest Stewardship Council’s advocacy of free, prior and informed consent 315 Natalie Oman 16 Interactive strategies for advancing marginalized actors in transnational governance contests: Labour and the making of ISO 26000 338 Stepan Wood PART III CONCLUSIONS 17 Harnessing TBGIs to advance regulatory quality and marginalized actors 363 Stepan Wood, Errol Meidinger, Burkard Eberlein, Rebecca Schmidt and Kenneth W. Abbott Index 387

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Book SynopsisThis new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration. The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements. The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states. Key features of this book include: Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions Guidance on how these tactics are addressed in national and international law Assessment of the EU, international and national laws that apply to these tactics. Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.Trade Review‘The book by Dr Wilhelmsen is invaluable reading for everyone faced with the complex issue that is the regulation of international commercial arbitration with the EU and the consequences of the interference between the Brussels I Regulation and international commercial arbitration. The importance of this monograph is rooted not only in the significance of the questions it examines but also in the approach it takes, namely examining the interplay between EU, international and national laws of four EU jurisdictions (Sweden, Germany, England and France) and the conclusions it reaches.’ -- Petya Koycheva, International Company and Commercial Law ReviewTable of ContentsContents: 1. International Commercial Arbitration in the EU – An Introduction 2. The Interface between the Recast Brussels I Regulation and International Commercial Arbitration 3. The Consequences of the Interface between the Recast Brussels I Regulation and International Commercial Arbitration 4. The Existence and Validity of Arbitration Agreements 5. The Arbitrability of a Dispute 6. Parallel Proceedings 7. Conflicting Decisions 8. Summary and Conclusions Index

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Book SynopsisThis book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through the examination of what are found to be the three major proxies of transnational private ordering: private standards, contracts and codes. Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards. The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law, transnational governance, and private law. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial. Contributors include: C. Busch, M. Cantero Gamito, L. de Almeida, T. Juutilainen, A. Marcacci, M. Mataija, H.-W. Micklitz, M. Paz de la C. de los Mozos, K. Pijl, G. Spindler, R. Vallejo, R. van Gestel, P. van Lochem, P. Verbruggen, B. WarwasTrade Review'The book fills an important gap between the literature on EU external relations and the literature on transitional (private) law as well as global administrative law. The book is certainly a very recommended read: for public and private law researchers with an interest in standardization on EU and global level; for scholars that work in the blurring borderline of public law and private regulation; and to practitioners working in the respective fields covered in the book chapters who may find it is of value to them.' -- Sabrina Röttger-Wirtz, Review of European Administrative Law'This fascinating book breaks important new ground in exploring the private mechanisms of transnational legal ordering through contracts, standards, and codes. It shows the major role played by the European Union, even given the serious internal challenges the EU faces.' --Gregory Shaffer, Georgetown University Law Center, US'The private dimension of the EU's external governance is a topic that is important yet under-explored. This book brings a rich set of diverse contributions under a unified conceptual framework, advancing a conversation that anyone interested in global governance, transnational legal order, or the EU's global role will find highly valuable.' --Anu Bradford, Columbia Law School, USTable of ContentsContents: PART I INTRODUCTION: THE CONCEPTUAL DIMENSION 1 The role of the EU in the transnational governance of standards, contracts and codes 2 Marta Cantero Gamito PART II THE ROLE OF THE EU IN THE TRANSNATIONAL GOVERNANCE OF STANDARDS, CONTRACTS AND CODES 2 Private standards as a replacement for public lawmaking? 27 Rob van Gestel and Peter van Lochem 3 Private food safety standards, private law and the EU: exploring the linkages in constitutionalization 54 Paul Verbruggen 4 EU rules and values, transnational legal ordering, and international arbitration 80 Barbara Warwas 5 The standardization of the internet and the international harmonization of ecommerce 100 Gerald Spindler 6 Self-regulation and regulatory intermediation in the platform economy 115 Christoph Busch 7 Private standard setting in the TBT Agreement: control and recognition 135 Mislav Mataija 8 Standardization of standard contracts: fairness in EU energy exchanges 155 Lucila de Almeida 9 EU Securitisation Regulation: legal ordering in symbiosis with transnational bodies 180 Teemu Juutilainen 10 Standardizing intrafirm processes worldwide: product governance between IOSCO and the EU 200 Antonio Marcacci 11 SME inclusion: codes of conduct in the food supply chain 221 María Paz de la Cuesta de los Mozos 12 The Dutch Banking Agreement on Human Rights: a blueprint for EU governance? 239 Kinanya Pijl PART III CONCLUSIONS: THE NORMATIVE DIMENSION 13 Voyaging through standards, contracts, and codes: the transnational quest of European regulatory private law 265 Rodrigo Vallejo 14 Epilogue: the role of the EU in the external reach of regulatory private law – gentle civiliser or neoliberal hegemon? 299 Hans-W. Micklitz Index 322

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Book SynopsisThis authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama's ideals that the agreement would be progressive and comprehensive and the substance of the trade deal. Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade.This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.Trade Review'In this comprehensive volume, Professor Matthew Rimmer takes a deep dive into the intellectual property chapter of the Trans-Pacific Partnership, now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. He covers a wide range of controversial matters including access to essential medicines, cybersquatting, and Indigenous intellectual property. The book is a must read for intellectual property enthusiasts as well as those interested in the significance of the Trans-Pacific Partnership for the future of international trade law.' -- Tania Voon, University of Melbourne, Australia'The Trans-Pacific Partnership is the definitive account of a trade agreement that spans the globe with enormous implications for the digital economy, the environment, and climate change. Professor Matthew Rimmer masterfully recounts policy critiques and analysis from Australia, Canada, New Zealand, and the United States in crafting a convincing case that after years of closed door negotiations, the agreement fails to deliver a progressive vision for trade, intellectual property, and sustainable development.' -- Michael Geist, University of Ottawa, CanadaTable of ContentsContents: PREFACE INTRODUCTION PART ONE Copyright Law and Related Rights 1. Rock against the Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom 2. Fair Use and Fair Trade: The Trans-Pacific Partnership and Copyright Exceptions in the Pacific Rim 3. Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership PART TWO Electronic Commerce and Digital Trade 4. The Trans-Pacific Partnership and Big Data: Consumer Rights, Privacy, Electronic Commerce and Digital Trade PART THREE Trademark Law and Related Rights 5. No Logo: Nike, Labor Rights, Trade Mark Law, and the Trans-Pacific Partnership 6. The Big Chill: Investor-State Dispute Settlement, Tobacco Control, and the Trans-Pacific Partnership 7. The Prosecco Wars: Intellectual Property and Geographical Indications in the Pacific Rim PART FOUR Patent Law and Related Rights 8. Farmers’ Rights in the Pacific Rim: Plant Breeders’ Rights, Agricultural Patents, and the Trans-Pacific Partnership 9. The Trans-Pacific Partnership and Access to Essential Medicines: Patent Law, Public Health, and Pandemics 10. The Trans-Pacific Partnership and Biotechnology: Intellectual Property, Gene Patents and Biologics PART FIVE TRADE SECRETS 11. Secret Trade and Trade Secrets: The Trans-Pacific Partnership, Confidential Information, and Computer Crimes PART SIX THE ENVIRONMENT, CLIMATE CHANGE, AND INDIGENOUS RIGHTS 12. Greenwashing the Trans-Pacific Partnership: Trade and the Environment in the Pacific Rim 13. Two Solitudes: Climate Change and Trade in the Context of The Trans-Pacific Partnership 14. The Imperialism of the Trans-Pacific Partnership: First Nations, Traditional Knowledge, and Indigenous Intellectual Property CONCLUSION Index

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Book SynopsisThis carefully crafted book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.Contributing to a growing and important body of scholarship, Principles of International Trade and Investment Law provides critical analysis of important topics in international economic law, including cross-border data transfers and prudential regulation. By identifying commonalities and divergences in how the two regimes treat key legal concepts, such as necessity testing and non-discrimination, the book provides insight into international trade and investment law while also furthering our understanding of the broader fields of international economic law and public international law.Examining how these key principles are interpreted and used in international economic law, this book will be welcomed by academics and practitioners interested in international investment and trade law as well as researchers in the international public law field.Trade Review'Principles of International Trade and Investment Law is an impressive tour de force combining in-depth theoretical analysis and crucial information for practitioners, students and teachers alike. The study of the selected principles (procedural fairness, reasonableness, necessity and non-discrimination) offers rich opportunities for intellectual cross-fertilization between the fields of international trade and investment law.' -- Maxi Scherer, Professor of Law, Queen Mary University of London and WilmerHale, London, UK'In this thorough and illuminating study Andrew D. Mitchell and Elizabeth Sheargold explore the role that principles play in international trade and investment law. They show us how the principles of due process and reasonableness have a central place in international economic law, and the treaty rules on non-discrimination and necessity are underpinned by broader principles of non-discrimination and necessity. This is a rich and insightful analysis of the little-explored interaction of rules and principles in international trade and investment law.' -- Donald McRae, University of Ottawa, Canada'While many textbooks exist on cross-fertilisation between international trade law and international investment law, here the authors present a comparative analysis of key principles on an unprecedented scale. This book focuses on two increasingly important sectors of government regulation: management of cross-border data transfers and the protection of financial systems. This work provides an essential contribution to address contemporary trade and investment challenges and a most valuable tool for academics, practitioners and officials.' -- Gabrielle Marceau, University of Geneva, Switzerland and Senior Counsellor at the WTOTable of ContentsContents: 1. Introduction: Principles as a framework for comparative analysis in international economic law PART I ANALYSIS OF SELECTED PRINCIPLES 2. Procedural fairness 3. Reasonableness 4. Necessity testing 5. Non-discrimination PART II APPLICATIONS OF PRINCIPLES IN SPECIFIC SECTORS 6. Restrictions on cross-border data transfers 7. Prudential regulation 8. Conclusions: Principles as a source of flexibility and cohesiveness in international economic law Bibliography Index

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Book SynopsisThis comprehensive book provides a complete overview of the international legal system of foreign investment protection. Proposing a simple, practical approach, it examines the problems one might face when studying or practising international investment law, including those arising from contemporary changes and controversies. In this incisive book, Arnaud de Nanteuil synthesises material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection, rather than simply describing the law as it currently stands. Through this systematic approach, the book considers all aspects of the discipline, examining its history, the content of the law, investment arbitration, and its relationship with other areas of international law such as human rights, the environment and EU law. It also discusses answers to questions that remain open in current case law. Providing a thorough and accessible analysis, this book will be invaluable to both students and academics working in the field of international investment law, as well as practitioners who will appreciate its pragmatic style. Government officials and those working for international organisations in this area will also find its discussion of the possible future evolution of the law insightful. Trade Review'The literature on investment law is extensive. Nevertheless, Arnaud de Nanteuil's book succeeds in presenting in a concise way the whole of this complex subject without simplification or unnecessary complications, whilst giving public international law its proper place. I use the French language version very systematically both in my arbitration practice and for my teaching, and I have no doubt that this updated English version will provide the same services.' --Alain Pellet, Université Paris Nanterre, France'This book is a beacon of continental scholarship in a sea of case-law focused treatises on international investment law. It does not get lost in dissecting the increasingly detailed jurisprudence of arbitration tribunals, but rather stresses the doctrinal structures of substantive investment protection and investor-state dispute settlement. It is comprehensive, systematic, rich in historical context, and connects investment law to general international law. It is a perfect teaching tool for getting a structured and up-to-date overview of the field.' --Stephan Schill, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. The Emergence of International Investment Law: From State Contracts to Bilateral Investment Treaties 2. Domestic Sources of International Investment Law 3. International Sources of Investment Law 4. International Law, Domestic Law and Contracts: Articulating Different Sets of Relevant Rules 5. Identifying the Stakeholders: The Investor and the State 6. Settlement of Disputes 7. Substantive Protection (1): Preliminary Issues 8. Substantive Protection (2): Non-Discrimination Standards 9. Substantive Protection (3): Absolute Standards of Protection 10. The Guarantee of Investments Through Insurance Mechanisms 11. General Exceptions to Investment Protection 12. Interactions (1): Investment Law, Human Rights and Environmental Law 13. Interactions (2): International Investment Law and European Union Law Index

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Book SynopsisThis innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms. Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gáspár-Szilágyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. YuTrade Review'This Research Handbook is an essential resource for anyone working on intellectual property issues that cross international borders. As investment law reshapes the global governance of knowledge, Christophe Geiger has assembled some of the world's top scholars to address opportunities and challenges. Lawyers, policymakers, academics and students will benefit immensely from this timely collection of expert insights.' --Jeremy de Beer, University of Ottawa, Canada'The recent move to pursue intellectual property claims through international investment law threatens to disrupt the international intellectual property regime. However, it also offers a fascinating window into a number of features of that regime. This thought-provoking book brings together a stellar collection of authors exploring the discrete question of investment protection of intellectual property as well as the broader implications of this development for international intellectual property law.' --Graeme B. Dinwoodie, Illinois Institute of Technology, Chicago-Kent College of Law, US'Most intellectual property scholars lack in-depth understanding of the IP-investment nexus. This much needed book is the solution we need. It provides world-class scholarship on this complex and controversial field of international law whose diverse impacts range from industrial development to public health. Readers will gain a truly global perspective on the subject.' --Graham Dutfield, University of Leeds, UKTable of ContentsContents: 1 Introduction 1 Christophe Geiger PART I CONCEPTUALIZING THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 THE INTERACTION BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT IN THE CONTEXT OF TRADE AND INVESTMENT TREATIES 2 Protecting intellectual property through trade and investment agreements: concepts, norm-setting and dispute settlement 11 Henning Grosse Ruse-Khan 3 The object and purpose of mingling intellectual property, trade and investment 48 Susy Frankel 4 Mapping the evolution and trends of the nexus between intellectual property, trade and investment 63 Pedro Roffe 5 When is intellectual property an ‘investment’? 94 Ruth L. Okediji 6 Intellectual property as protected investment: redefining the reach of investors’ rights 120 Carlos Correa 7 The relevance of National Treatment and Most Favoured Nation in the context of intellectual property and investment disputes 137 Lukas Vanhonnaeker 8 Keep calm and carry on: lessons from the jurisprudence on fair and equitable treatment and intellectual property rights 159 Bryan Mercurio 9 Intellectual property, investment and the World Trade Organization (WTO): a historical account 182 Pratyush Nath Upreti SECTION 2 INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION: THE IMPACT ON REGULATORY POWERS AND PUBLIC POLICY 10 The intersection of ISDS and TRIPS flexibilities 207 Cynthia M. Ho 11 Public policy considerations in intellectual property-related international investment arbitration 218 Simon Klopschinski 12 Investor-State Dispute Settlement and intellectual property: lessons from Lilly v. Canada 250 Daniel Gervais PART II ADJUDICATING INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 INTELLECTUAL PROPERTY, TRADE AND INVESTMENT: COMPARED ENFORCEMENT PROCEDURES AND THE FUTURE OF INVESTOR-STATE DISPUTE SETTLEMENT 13 Jurisdictional overlaps in international intellectual property: challenges arising from the proliferation of preferential trade agreements regulating intellectual property rights 267 Xavier Seuba 14 Adjudicating intellectual property disputes at the GATT/WTO: are there general lessons for the Investor-State Dispute Settlement system? 287 Graham Cook and Hannu Wager 15 Protecting fundamental values in international IP disputes: investor-state vs. WTO adjudication 318 Rochelle Cooper Dreyfuss 16 Logo? No logo? The WTO dispute on plain packaging of tobacco, and beyond 339 Enrico Bonadio and Althaf Marsoof 17 Conceptual and institutional improvements to investor-state dispute settlement 366 Peter K. Yu SECTION 2 ADDRESSING THE ROLE OF HUMAN RIGHTS AND ETHICS IN INTELLECTUAL PROPERTY AND INVESTMENT LITIGATION 18 The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights? 385 Martin Husovec 19 Human rights and intellectual property in investor to state dispute settlement 406 Tuomas Mylly 20 The protection of intellectual property and foreign direct investment: the impact of equity 438 Thomas Cottier SECTION 3 ADDRESSING THE EU AND NATIONAL LEGAL FRAMEWORK AND ITS INTERACTIONS WITH INTELLECTUAL PROPERTY AND INVESTMENT DISPUTES 21 The EU’s cumbersome investment law and policy, and its effects on the protection of intellectual property rights 461 Szilárd Gáspár-Szilágyi 22 The compliance of investment protection mechanisms in Free Trade Agreements with EU law 477 Rainer Geiger 23 Intellectual property in trade-related international agreements: a legal analysis from the perspective of a Member State 492 Daniel Segoin 24 Regulatory and policy issues arising from intellectual property and Investor-State Dispute Settlement in the EU: a closer look at the TTIP and CETA 505 Christophe Geiger Index 528

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Book SynopsisIs Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity?These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China.Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.Trade Review'A broad sweep with deep insights. Michael Trebilcock at his best. From the ''dark past'' of trade history, to an overview of today's most notable scholarship on trade. From traditional topics like trade preferences for developing countries, to trade and the COVID pandemic and US-China trade relations. A great combination of neutrally describing the hot button issues in international trade, with offering personal opinions at each critical juncture.' -- Joost Pauwelyn, Graduate Institute of International and Development Studies, Geneva, Switzerland

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Book SynopsisDigital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders.The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging.This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.Table of ContentsContents: Introduction to Digital platforms and global law: Work plan 1. Digital platforms: protagonists of the self-age 2. Digital platforms as private transnational legal orders 3. Plurality of private transnational legal orders and relations 4. Digital platforms as subjects of transnational and international law 5. Digital platforms and global law Index

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Book SynopsisRepresenting a continuation of the debate on export restrictions and export controls, this adroitly-crafted book expertly navigates the complexities of international trade law. Under the aegis of global security, it features a number of diverse yet interconnected topics on export restrictions and export controls and highlights the multi-faceted trade, economic, and security challenges faced by developed and developing countries.Providing a wealth of legal analysis, Umair Ghori explores a variety of central themes including the role of export restrictions and controls and their differences, the impact they have on WTO Members’ international trade and economic security interests, the inadequacies of the rules on export restrictions and how this affects the interests of trading nations, and meaningful reforms in trade and development. Ghori draws on historical and theoretical dimensions and examines the latest developments within the field. Through the judicious use of empirical evidence, Export Restrictions and Export Controls illustrates the pressing need for reform of current WTO disciplines in order to support the aspirations and security interests of the developing world.Both innovative and accessible, this book will appeal to academics, researchers and students of international trade and security studies, international economic law, trade law, and global and transnational law. Bringing a diverse perspective to scholarly discourse, it will also be of benefit to those interested in the wider field of international relations.Trade Review‘The book provides a holistic and updated analysis of export controls under WTO law. It sheds light on legal issues related to recent geopolitical tensions including the COVID-19 pandemic, the Ukraine war, and the US–China rivalry. Scholars and practitioners in international economic law and policy will find this book highly valuable.’ -- Pasha L. Hsieh, Singapore Management UniversityTable of ContentsContents: Foreword 1. Export restrictions and export controls – the elephants in the room 2. Three lessons on the construction of export restrictions under WTO law 3. Export restrictions, development, and local challenges 4. An unhealthy situation: Export restrictions and shifting health security 5. No easy solutions: Export restrictions, food security, and agriculture 6. Tussling Titans: The US–China trade wars and the role of export controls 7. Conclusion – The difficult path ahead Appendix 1: Restricting exporters of critical raw materials and metals for advanced technologies, clean energy and environmentally friendly applications Appendix 2: Overview of measures affecting trade in goods during COVID-19 by Top-15 notifying countries

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Book SynopsisThis timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs.Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue.Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements.Trade Review‘Incomplete International Investment Agreements is an excellent contribution to the scholarship on international investment law.It provides authoritative, practical guidance on a key element of IIAs that has been insufficiently analysed for some time and on which extensive resources have been spent by many countries in recent years. This book is therefore an important reference point for those studying the treaties which underpin international investment law and for those in government working on their (re) negotiation.’ -- International Trade Law & Regulation‘This book is an indispensable study of the making of international trade and investment agreements. Drawing on economic research, it explains why countries build investment commitments in stages, rather than incorporating everything into a final text. Academics and practitioners alike need this text.’ -- Paul B. Stephan, University of Virginia, USTable of ContentsContents: 1. Introduction to Incomplete International Investment Agreements 2. Overview of the provisions in IIAs 3. The relationship between IIAs, FDI, and trade liberalization 4. Unnecessarily incomplete provisions in IIAs 5. Incomplete contract theory and the optimum level of IIAs 6. The cost of incomplete provisions 7. Reasons for incomplete provisions 8. Solutions to incomplete provisions 9. Conclusion to Incomplete International Investment Agreements Index

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Book SynopsisThis comprehensive book provides a complete overview of the international legal system of foreign investment protection. Proposing a simple, practical approach, it examines the problems one might face when studying or practising international investment law, including those arising from contemporary changes and controversies. In this incisive book, Arnaud de Nanteuil synthesises material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection, rather than simply describing the law as it currently stands. Through this systematic approach, the book considers all aspects of the discipline, examining its history, the content of the law, investment arbitration, and its relationship with other areas of international law such as human rights, the environment and EU law. It also discusses answers to questions that remain open in current case law. Providing a thorough and accessible analysis, this book will be invaluable to both students and academics working in the field of international investment law, as well as practitioners who will appreciate its pragmatic style. Government officials and those working for international organisations in this area will also find its discussion of the possible future evolution of the law insightful. Trade Review'The literature on investment law is extensive. Nevertheless, Arnaud de Nanteuil's book succeeds in presenting in a concise way the whole of this complex subject without simplification or unnecessary complications, whilst giving public international law its proper place. I use the French language version very systematically both in my arbitration practice and for my teaching, and I have no doubt that this updated English version will provide the same services.' --Alain Pellet, Université Paris Nanterre, France'This book is a beacon of continental scholarship in a sea of case-law focused treatises on international investment law. It does not get lost in dissecting the increasingly detailed jurisprudence of arbitration tribunals, but rather stresses the doctrinal structures of substantive investment protection and investor-state dispute settlement. It is comprehensive, systematic, rich in historical context, and connects investment law to general international law. It is a perfect teaching tool for getting a structured and up-to-date overview of the field.' --Stephan Schill, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. The Emergence of International Investment Law: From State Contracts to Bilateral Investment Treaties 2. Domestic Sources of International Investment Law 3. International Sources of Investment Law 4. International Law, Domestic Law and Contracts: Articulating Different Sets of Relevant Rules 5. Identifying the Stakeholders: The Investor and the State 6. Settlement of Disputes 7. Substantive Protection (1): Preliminary Issues 8. Substantive Protection (2): Non-Discrimination Standards 9. Substantive Protection (3): Absolute Standards of Protection 10. The Guarantee of Investments Through Insurance Mechanisms 11. General Exceptions to Investment Protection 12. Interactions (1): Investment Law, Human Rights and Environmental Law 13. Interactions (2): International Investment Law and European Union Law Index

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Book SynopsisIs Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity?These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China.Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.Trade Review'A broad sweep with deep insights. Michael Trebilcock at his best. From the ''dark past'' of trade history, to an overview of today's most notable scholarship on trade. From traditional topics like trade preferences for developing countries, to trade and the COVID pandemic and US-China trade relations. A great combination of neutrally describing the hot button issues in international trade, with offering personal opinions at each critical juncture.' -- Joost Pauwelyn, Graduate Institute of International and Development Studies, Geneva, Switzerland

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Book SynopsisThis thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.Produced in association with Lloyd’s of London, chapters provide in-depth studies on key areas including judicial interpretation of insurance contract clauses and transnational regulatory recognition, as well as overviews on important international jurisdictions such as the EU, Japan and the US. This comprehensive second edition critically analyses how insurance law and regulation have responded to the growth in sophisticated technology, the burgeoning climate crisis, and the development of new insurance structures.This Research Handbook will appeal to legal students and academics, particularly those with an interest in commercial law, finance and banking law, and insurance law. This book will also be beneficial for policymakers and private practice lawyers working in the commercial legal sector. Table of ContentsContents: Foreword xii Introduction to the second edition xiv Introduction to the first edition xxv PART I INSURANCE CONTRACT LAW 1 The shape of insurance contract law 2 James Davey 2 Methodology: how a law and economics approach has shaped insurance law 24 Peter Molk 3 Definition: the general and the parametric 36 Laura Burgoyne 4 Pre-contractual duties: the fair presentation of the risk – an English law approach 76 Peter MacDonald-Eggers KC 5 Contract terms: judicial approaches to the interpretation of insurance contracts 103 Oliver Brand 6 Claims: an overview of the US tort of ‘bad faith’ – a common law approach to regulating insurer claims-handling and settlements 133 Suzanne C. Midlige and William J. Metcalf 7 Reinsurance: finding the balance between reinsurers’ and reinsureds’ interests 165 Michael Mendelowitz and Rob Merkin KC 8 Closing books of business: the challenge of fairness and finality 192 Bob Haken and Simon Baker 9 Choice of law: New York and English approaches to insurance and reinsurance contracts 221 Raymond Cox KC PART II INSURANCE REGULATION 10 An introduction to insurance regulation 247 Peter Kochenburger and Patrick Salve 11 Systemic risk regulation: evolving approaches in insurance 281 Jeremy C. Kress, Patricia A. McCoy and Daniel Schwarcz 12 Competition: the insurance sector and the application of competition law – an overview 308 Edward W. Batchelor 13 Transnational supervisory recognition: a macro-jurisdictional overview 342 Hermann Geiger 14 Prudential supervision: capital standards in a risk-based solvency regime 367 Karel Van Hulle 15 Conduct of business regulation: a survey of the UK regime and a comparison with the US, German, French and Hong Kong approach 404 James Smethurst, Wessel Heukamp, Marc Perrone, Matthew O’Callaghan, Priti Lancaster and John Mulhern 16 Enforcement: a survey of the approaches taken to insurance regulatory enforcement in the United States of America and in the United Kingdom 438 Aviva Abramovsky, Dan D. Kohane, Farhaz Khan KC and Paul Bonner Hughes 17 Lloyd’s: the authorisation of Lloyd’s in the United Kingdom and overseas 467 Julian Burling 18 Lloyd’s: the development of performance management 499 Kevin Lazarus PART III DEVELOPING AREAS OF INSURANCE LAW AND REGULATION 19 Alternative risk transfer: insurance linked securities – their evolution, structures and regulation 523 Joseph Ferraro, Jennifer Tait and David Griffiths 20 Sustainability: the climate and nature crisis – a leadership role for insurance 551 Geoff Summerhayes, Laura Waterford, Nigel Brook, Wynne Lawrencea, and Zaneta Sedilekova 21 Data: the growth of risk-related data in insurance and protecting privacy 590 Brendan McGurk 22 Smart contracts: balancing innovation and consumer protection in insurance law and regulation 621 Miriam Goldby and Jeremmy Okonjo 23 Artificial intelligence: attempts at developing an ethical approach for its use in insurance 647 Anya Prince and Seamus Taylor PART IV REGIONAL STUDIES IN INSURANCE LAW AND REGULATION 24 Europe: the architecture and content of EU insurance regulation 675 Robert Purves 25 USA: A regulatory overview of the world’s largest insurance market 708 John Mulhern, Sara Manske and Robert Mancuso 26 Bermuda: regulating big insurance on a small island 728 Alex Potts KC and Jonathon O’Mahony 27 United Arab Emirates: developing insurance on the Arabian Peninsula 759 Sam Wakerley, John Barlow, Thomas Neighbour and Shane Gibbons HFW 28 China: insurance regulation in a rapidly evolving market 787 Carrie Yang 29 Japan: the insurance concept in the Insurance Act and the Insurance Business Act 810 Seiichi Ochiai, Shinichi Takahashi and Ryoko Takeda 30 The Republic of Korea: an overview of insurance law and regulation 835 Jae Hong Ahn, Partner, Kim, Chang, Sung Woo Huh, Kim Chang and Younghwa Paik Index 856

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Book SynopsisExecutory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.Key Features: Contributions from more than 40 insolvency law experts Exploration of ipso facto clauses and procedural issues Consideration of the economic impact of the COVID-19 pandemic Targeted footnote references, including non-English sources, for further reading Rigorous coverage of recent developments and reforms and discussion of the procedural challenges they present Incisive analysis of insolvency law in a broad range of countries, including those with emerging economies and with hybrid systems of law Substantially revised material, including wholly rewritten chapters on Germany and Singapore and a brand new chapter on South Korea Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross-border perspective on the subject as well as academics and researchers in the field. Policy makers and institutions seeking to introduce insolvency law reforms in their home countries can draw from the comparative nature of the book to devise better, more effective reforms.Trade Review‘The treatment of executory contracts in insolvency differs significantly across jurisdictions. Therefore, getting a comprehensive understanding of the different approaches existing around the world is not an easy task. Fortunately for the insolvency community, Professor Jason Chuah and Dr Eugenio Vaccari have helped us navigate that challenge by leading this excellent book that is expected to become an essential reading for practitioners, academics, judges and policy makers.’ -- Aurelio Gurrea-Martínez, Singapore Management University, SingaporeTable of ContentsContents: Preface xxxiv Table of cases xxxvi Table of legislation xxxvii 1 A thematic and comparative evaluation of executory contracts and ipso facto clauses 1 Jason Chuah PART I COMMON LAW SYSTEMS 2 Executory contracts in insolvency: The Australian perspective 30 Elizabeth Streten 3 Executory contracts in insolvency: The Bangladeshi Perspective 51 Morshed Mannan, Muhammad Mahbubur Rahman and Borhan Uddin Khan 4 Executory contracts in insolvency: The English Perspective 66 Eugenio Vaccari 5 Executory contracts in insolvency: The Indian perspective 89 Indrajit Dube 6 Executory contracts in insolvency: The New Zealand perspective 103 Scott Abel 7 Executory contracts in insolvency: The Singaporean Perspective 119 Lee Zheng Hui Sean 8 Executory contracts in insolvency: The US perspective 142 Roberta Righi and Jessica Winters PART II NORDIC/BALTIC SYSTEMS 9 Executory contracts in insolvency: The Danish perspective 161 Line Herman Langkjaer 10 Executory contracts in insolvency: The Finnish perspective 178 Jarmo Tuomist 11 Executory contracts in insolvency: The Lithuanian perspective 193 Frank Heemann and Andrius Juškys PART III CIVIL LAW SYSTEMS 12 Executory contracts in insolvency: The Albanian perspective 213 Gelanda Shkurtaj 13 Executory contracts in insolvency: The Argentinian perspective 228 H.ctor Jos. Miguens 14 Executory contracts in insolvency: The Austrian perspective 247 Felix Kernbichler 15 Executory contracts in insolvency: The Chinese perspective 265 Yingxiang Long and Rebecca Parry 16 Executory contracts in insolvency: The Croatian perspective 284 Jasnica Garašić and Siniša Petrović 17 Executory contracts in insolvency: The French perspective 310 Emilie Ghio 18 Executory contracts in insolvency: The German perspective 328 David Christoph Ehmke and Annika Wolf 19 Executory contracts in insolvency: The Greek perspective 348 Loukas Panetsos 20 Executory contracts in insolvency: The Italian perspective 363 Rolandino Guidotti 21 Executory contracts in insolvency: The Japanese perspective 385 Chun Jin and Stacey Steele 22 Executory contracts in insolvency: The Dutch perspective 402 Marco Verdonk and Rolef de Weijs 23 Executory contracts in insolvency: The Panamanian perspective 422 Jos. Maria Lezcano Navarro 24 Executory contracts in insolvency: The Russian perspective 440 Dmitry Konstantinov 25 Executory contracts in insolvency: The Slovenian perspective 455 Katja Zdolšek 26 Executory contracts in insolvency: The South Korean perspective 471 Chiyong Rim 27 Executory contracts in insolvency: The Spanish perspective 491 Jos. Carles and Carlos Cuesta 28 Executory contracts in insolvency: The Turkish perspective 508 Çağlar Kaçar PART IV HYBRID OR MIXED SYSTEMS 29 Executory contracts in insolvency: The Canadian perspective 522 Alfonso Nocilla 30 Executory contracts in insolvency: The South African perspective 538 Clement Marumoagae 31 Executory contracts in insolvency: The United Arab Emirates and its free zones 557 Christian Chamorro-Courtland

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Book SynopsisDigital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders.The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging.This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.Table of ContentsContents: Introduction to Digital platforms and global law: Work plan 1. Digital platforms: protagonists of the self-age 2. Digital platforms as private transnational legal orders 3. Plurality of private transnational legal orders and relations 4. Digital platforms as subjects of transnational and international law 5. Digital platforms and global law Index

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Book SynopsisThis timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues.Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US. This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.Trade Review'This is an impressive book, featuring contributions from all over the world and organized around a critical, under-examined theme: What assumptions are relied on in competition law analysis, and are they fit for the purpose as applied to globalized and digitalized markets? The reader will find some new voices and fresh thinking, as typically assembled and provoked by ASCOLA, the international academic society of competition law researchers.' -- Eleanor Fox, New York University, USTable of ContentsContents: Introduction viii PART I NEW CHALLENGES IN THE DIGITAL SPHERE 1 Cooperation, dependence, and eviction: how platform-to-business coopetition relationships should be addressed in mobile telephony ecosystems 2 Frédéric Marty and Julien Pillot 2 Technological tying: unbundling the assumptions 22 Stephen Dnes 3 Understanding the role of agricultural data on market power in the emerging Digital Agriculture sector: a critical analysis of the Bayer/Monsanto decision 41 Can Atik PART II NEW CHALLENGES TO EMERGING COUNTRIES 4 Merger control in China’s digital economy: challenges and prospects 80 Wei Han and Yajie Gao 5 The adoption of specialised competition tribunals in Latin American countries: transplants and commonalities among them 106 Claudia O’Kane 6 Where influence lies in the international competition network 124 Christopher Townley 7 Cartels’ little helpers: a comparative study of the case law regarding the facilitators of collusion in Europe, United States and South America 161 Andrés Calderón PART III NEW INSTITUTIONAL CHALLENGES 8 Public interest considerations in European merger control regimes 184 Oliver Budzinski and Annika Stöhr 9 Formalism, fairness and freedom of contract: abuse of dominance in the UK courts and the business ‘Achilles heel’ of objective justification 206 Barry J. Rodger 10 Using trade tools to counteract anticompetitive conduct within global value chains: competition chapters in trade agreements 238 Galyna Kostiukevych Index

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Book SynopsisDrafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.Trade Review“This book is an excellent and valuable contribution to international contract practice. I have already been able to use it to my benefit, particularly the instructive and relevant discussion of the 'best efforts' contract clause as seen from various jurisdictions." – Professor Thomas W. Wälde, CEPMLP/University of Dundee & Essex Court Chambers, LondonTable of ContentsChapter 1: Letters of Intent Chapter 2: Recitals in International Contracts Chapter 3: Interpretation Clauses Chapter 4: Best Efforts, Reasonable Care, Due Diligence and General Trade Standards in International Contracts Chapter 5: Confidentiality Clauses in International Contracts Chapter 6: Penalty Clauses Chapter 7: Limitation of Liability and Exemption Clauses Chapter 8: Force Majeure Clauses in International Contracts Chapter 9: Hardship Clauses Chapter 10: “English Clauses,” Most-Favored Customer Clauses and First-Refusal Clauses in International Contracts Chapter 11: Assignment Clauses Chapter 12: Termination Clauses Chapter 13: Post-Contractual Obligations in International Contracts

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Book SynopsisThe Guide offers an overview of the uniform law instruments in the area of international commercial contracts. Chapters I and II provide information on the origin and purpose, scope and approach, and intended readership of the Guide. Chapter III deals with issues of private international law, namely the determination of the law applicable to international commercial contracts, whether chosen or not by the parties. Reference is made to the texts prepared by the Hague Conference on Private International Law, specifically the HCCH Principles on Choice of Law in International Commercial Contracts. Chapter IV deals with the uniform law of international sales, discussing in particular the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Convention on the Limitation Period in the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and their interaction. Chapter IV also contains a reference to regional uniform texts and to model contracts based on uniform texts. Chapter V contains a summary of recurring legal issues that arise frequently in connection with sales contracts and how they are addressed in uniform law instruments

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