Public international law: economic and trade Books

Book SynopsisJohn F Wilson is a member of the Institute of Maritime Law at the University of Southampton and is Emeritus Professor of Law at the University. He has lectured widely on maritime law in the UK, the USA, Australia, New Zealand and Singapore. Table of ContentsPart One: General introduction 1. Introduction 2. Implied obligations in a contract of affreightment Part Two: Charterparties 3. The voyage charterparty 4. The time charterparty Part Three 5. Bills of lading and their functions 6. Application of the Hague/Visby Rules 7. Bills of lading - the Hamburg Rules 8. Bills of lading - the Rotterdam Rules 9. Bills of lading issued under charterparties 10. Problems of combined transport Part Four: Common aspects of contracts of affreightment 11. Exceptions 12. Limitation of liability 13. Freight 14. Shipowners' liens Part Five: Dispute settlement 15. Dispute settlement 16. Breach of contract Appendix 1: Bills of Lading Act 1855 Appendix 2: International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, 1924 (The Hague Rules) Appendix 3: Carriage of Goods by Sea Act 1971 Appendix 4: Carriage of Goods by Sea Act 1992 Appendix 5: United Nations Convention on the Carriage of Goods by Sea, 1978 (The Hamburg Rules) Appendix 6: United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2009 (The Rotterdam Rules) Appendix 7: CMI Uniform Rules for Sea Waybills Appendix 8: CMI Rules for Electronic Bills of Lading Appendix 9: Barecon 2001 Charter Appendix 10: Gencon 94 Charter Appendix 11: Shellvoy 6 Charter Appendix 12: Baltime 1939 Charter (as revised 2001) Appendix 13: New York Produce Exchange (NYPE 46) Charter Appendix 14: New York Produce Exchange (NYPE 93) Charter Appendix 15: Shelltime 4 Charter (as amended 2003) Appendix 16: Conlinebill 1978 Appendix 17: Congenbill 2000 Appendix 18: Congenbill Appendix 19: Maersk Line bill Appendix 20: GCBS Short Form Bill Appendix 21: Combiconbill Appendix 22: Maersk Line Waybill

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Book SynopsisDrawing from his experience at the World Trade Organization (WTO) as a veteran trade negotiator, Alan Wm. Wolff explores the history of trade, the current trading system and how the WTO should be reformed to meet and overcome emerging challenges. He addresses how the WTO has tackled contemporary challenges like Covid-19 and the climate crisis.Trade Review'This book provides a wealth of new ideas. For some of the problems of the WTO, Wolff offers solutions that have never been tried before or not even thought of. His book provides guidance for a strategy that allows for gains and sacrifices to overcome opposition. He shows new ways to overcome hitherto unsurmountable obstacles.' Karl Brauner, Former Deputy Director-General of the WTO, and Former Director General for Trade in the Economics Ministry of Germany'The WTO, a vital pillar of global economic governance, remains in serious trouble. Drawing upon decades of trade policy experience, Alan Wolff explains why and, more importantly, what to do about it. This volume is essential reading for senior trade policy officials, analysts, and students of the world trading system.' Simon J. Evenett, University of St. Gallen'Alan Wm. Wolff's book is comprehensive and insightful, drawing on his extensive working experience inside and outside the GATT/WTO. He discusses with precision and clarity the origins, evolution, substantive content, and day-to-day workings of the WTO, and suggests ways of improving the workings of a troubled institution. Overall, a valuable contribution.' Patrick Low, Former Chief Economist of the WTO'This book is an essential reference for any trade enthusiast wishing to make a positive contribution in the face of the many challenges confronting the Multilateral Trading System. In a rapidly changing and increasingly complex trade landscape, this book goes beyond addressing the future of the WTO and looks at the WTO of the future.' Hamid Mamdouh, Former Director, Services and Investment Division of the WTO, and Former Egyptian Delegate to the GATTTable of ContentsIntroduction: saving the world trading system; Part I. Why Trade?: 1. The origins of trade; Part II. The Multilateral Trading System: 2. The founding of the multilateral trading system; 3. Core elements of the world trading system; 4. Twenty values of the multilateral trading system; 5. A brief history of the WTO as told to us by its ministerial conferences; Part III. The Regular Operations of the WTO: 6. A week at the WTO; Part IV. Major Substantive Topics: 7. Dispute settlement at the WTO; 8. Agriculture; 9. Services; 10. E-Commerce; 11. Development at the WTO; Part V. World Trade Governance and Systemic Reform: 12. The problem of governance of the multilateral trading system; 13. The need for WTO reform; 14. WTO 2025: WTO Reform; Part VI. Conclusion: 15. Conclusion – The future of the WTO; Afterword. The art and science of negotiation; Bibliography.

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Book SynopsisThis third edition of one of the leading textbooks on world trade law offers what is, in a number of ways, a unique perspective on this important subject. Combining the best aspects of both casebook and treatise, this comprehensive textbook provides detailed explanations and analysis of the law to help understand the issues as well as case extracts to offer a flavour of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the UK, Europe, the US, Asia and elsewhere around the world. This updated edition includes in-depth discussions of the most recent developments in international trade jurisprudence, setting out important precedents that help establish the boundaries between global trade rules and domestic national autonomy. In this era, when political developments place even more importance on international trade, it will be essential reading for all students, scholars and practitioners in the field.Trade ReviewExcellent case and commentary book. -- Kirsten Ward * University of Liverpool *Excellent and detailed textbook on WTO Law. I certainly recommend it to all students choosing international trade law related assessment questions and research topics. -- Antal Berkes * University of Liverpool *Table of ContentsPart I: Introduction to the Legal and Economic Aspects of World Trade Regulation 1. Introduction to World Trade Law Part II: History, Institutional Aspects and the Relationship between World Trade Law, International Law and Domestic Law 2. The History and Institutions of the Multilateral Trading System 3. World Trade Law and International Law 4. World Trade Law and Domestic Law Part III: Dispute Settlement in the WTO 5. The Settlement of Disputes in the GATT/WTO Part IV: Traditional GATT Obligations 6. Border Measures: Tariffs and Quotas 7. Non-Discrimination: MFN and National Treatment Part V: GATT Exceptions 8. Bilateral/Regional Trade Agreements 9. The Article XX ‘General Exceptions’: Health, the Environment, Compliance Measures, Public Morals and More Part VI: Remedies for Fair and Unfair Trade 10. Subsidies and Countervailing Measures 11. Dumping and Anti-dumping Measures 12. Safeguards Part VII: Beyond Trade in Goods: Domestic Regulation, Services, Investment, Procurement and Intellectual Property 13. The SPS and TBT Agreements 14. Trade in Services 15. Trade and Investment 16. Government Procurement 17. Trade and Intellectual Property: The TRIPS Agreement Part VIII: Social Policy Issues 18. Developing Countries in the Multilateral Trading System 19. Linkages between Trade and Social Policies

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Book SynopsisIncome inequality in America has been on the rise for decades, but policy and legal thought has yet to catch up. Both parties in the United States have been hesitant to intervene in the market to address this problem, while the income tax system has been touted as a better and more efficient way to tackle income inequality. However, the tax system itself has failed to keep pace with the widening gaps in income. Ending Income Inequality challenges arguments made by legal scholars in the field of law and economics, who have supported the tax system over redistributive legal rules. By examining specific areas of the law such as minimum wage, collective bargaining, antitrust law, intellectual property, and housing regulation, the book argues that using legal rules, in addition to income taxes, is a promising path to reverse rising inequality.

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Book SynopsisThis book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors’ international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.Table of ContentsSummary of Contents Introduction Jean Ho (National University of Singapore) and Mavluda Sattorova (University of Liverpool, UK) 1. International Law’s Opportunities for Investor Accountability Jean Ho (National University of Singapore) 2. The Foreign Investor as a Good Citizen: Investor Obligations to Do Good Mavluda Sattorova (University of Liverpool, UK) 3. Investors’ International Law and its Asymmetries: The Case of Local Communities Lorenzo Cotula (International Institute for Environment and Development, UK) and Nicolás M Perrone (Universidad Andres Bello, Chile) 4. From Risk to Rights: Reorienting the Paradigms at the Heart of Corporate Legal Form and Investment Treaty Standards in Foreign Investment Governance Anil Yilmaz Vastardis (University of Essex, UK) 5. Investor Obligations in Investment Treaties: Missing Text or a Matter of Application? Prabhash Ranjan (South Asian University, India) 6. The Role of Soft Law Corporate Responsibilities in Defining Investor Obligations in International Investment Agreement Barnali Choudhury (University College London, UK) 7. Responding to Investor Misconduct: The Line Between Lawful and Unlawful Responses and Apportionment in Cases of Unlawful Responses Martin Andrew Jarrett (Max Planck Institute for Comparative Public Law and International Law, Germany) 8. Counterclaims in Investment Arbitration: Is the Host State the Right Claimant? Tomoko Ishikawa (Nagoya University, Japan) 9. Applying International Law to Corporations: The Limits to the Lessons Offered by the United States Experience with the Alien Tort Statute Lucas Roorda (Utrecht University, the Netherlands) and Julian G Ku (Hofstra University, USA) 10. Investor Obligations Amid Armed Conflict Jure Zrilic (University of Liverpool, UK) 11. Mapping Investors’ Environmental Commitments and Obligations Priscilla Pereira de Andrade (UNIDROIT, Italy) and Nitish Monebhurrun (University Centre of Brasilia, Brazil) 12. Elevating Corruption to an International Tort Jose Daniel Amado (Miranda and Amado, Peru), Jackson Shaw Kern (Addis Law Group LLP, USA) and Martin Doe Rodriguez (Permanent Court of Arbitration, the Netherlands) 13. Conclusion Surya Deva (City University of Hong Kong)

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Book Synopsis...This book [] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law JournalThe updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives.A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitim

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Book SynopsisThis book will take the reader through the past, the present, and into the future of the flagship institution of the international customs community: the World Customs Organization (WCO). The purpose is to present to the reader, in a comprehensive, orderly, and synthetic manner, the enormous contributions that this prestigious and recognized institution has been making to the secure growth of global international trade. In the development of the text, special consideration has been given to the relevant instruments in day-to-day customs work, which constitute the bases of the WCO (the Harmonized System Convention, the Revised Kyoto Convention, and the SAFE Framework of Standards, among many others), as well as those issues that are currently of specific interest to the global customs community (cross-border e-commerce, trade facilitation, and authorized economic operator, to mention but a few), trying to reconcile the various practical aspects of customs operations with their theoretical underpinnings. In the final part, the book turns to the future of customs, analyzing the most pressing challenges presented by technological advances, including the Internet of Things, artificial intelligence, 3D printing, and blockchain. In short, this book will be of great interest to all foreign trade operators, mainly to customs officials, customs brokers, carriers and international forwarding agents, managers of importing and exporting companies, as well as all those (professionals and students) who wish to deepen their knowledge of the exciting world of customs and international trade. Table of ContentsIntroduction.- Institutional Structure.- Legal Instruments.- The WCO's Relationship with other Organizations.- WCO Relation with Customs Brokers.- Nomenclature and Classification of Goods.- Valuation of Goods.- Origin of Goods.- Enforcement.- Procedures and Facilitation.- Capacity Building.- Integrity.- Packages.- Other Instruments.- Research.- Appraisal of Performance.- The Agenda of the Future.- Closing Words.

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Book SynopsisThis open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe. Table of ContentsChapter 1: Global Technology Disputes in 4th Industrial Revolution.- Chapter 2: Comparative Analysis of Policy Developments.- Chapter 3: Judicial Decisions on Key Issues.- Chapter 4: Evolving Role of Global Standards and SSOs.- Chapter 5: Patents and the Status Quo.

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Book SynopsisImpact Assessment (IA) is introduced in this book, with a guide to the process, scope, content, and management of IA for the governments of developing economies. In doing so, evidence-based policy making is taken into full consideration. After the principles of IA are set forth, its procedures are described, illustrated by typical cases from the United States and Japan. Then an explanation follows of the components of IA such as necessity, alternatives, and assessment of cost and benefit, with a description of competition assessment. In developing economies, it is not effective to simply import a system from developed countries directly into developing countries, especially for economic regulation and in consideration of compliance and competition issues. Thus the book provides recommendations on how to appropriately modify developed countries’ systems for countries that are still developing. The book concludes by taking up several issues surrounding IA, especially nudge theory and public involvement.Table of ContentsChapter 1 Outline and Necessity of Impact Assessment (IA).- Chapter 2 Role of Evidence-Based Assessment in Democracy.- Chapter 3 Procedure of Impact Assessment (IA) and Concept of Institution Design for Conducting Impact Assessment (IA).- Chapter 4. IA Procedure and Organization in the U.S.- Chapter 5. Economists’ Role in IA in the United States and the United Kingdom.- Chapter 6. Economists’ Optimal Placement Within Relevant Organizations.- Chapter 7 Analysis and viewpoints in Impact Assessment (IA).- Chapter 8 Role of Causal Inference in IA.- Chapter 9 Competition Assessment in the UK, the US, Japan, and Pakistan.- Chapter 10 Competition Assessment in the US.- Chapter 11: How to Incorporate Behavioral Science and Using Nudges in Regulation and IA.- Chapter 12: COVID-19 Pandemic and Impact Assessment.- Chapter 13 Regulation for the Digital Era and IA for Smart Regulation.- Ch 14. Concluding Remark.

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Book SynopsisDoes globalization help everyone or just the rich? Is it the enemy of sustainability or the only hope against climate change? Rival camps are dug in, but Anthea Roberts and Nicolas Lamp find points of agreement. Isolating the value conflicts that drive the globalization debate, they show where consensus lies and argue for achievable policy change.Trade ReviewSix Faces of Globalization is a very smart book, and not just for people interested in globalization. The authors manage to help readers understand the many faces of globalization by identifying multiple narratives that fuel different political movements and perspectives of the punditocracy. Ultimately, however, this is a book not just about globalization, but also about the power and importance of narrative: how it is constructed and how it can contribute to a far more nuanced and complex understanding of the forces of change. Highly recommended. -- Anne-Marie Slaughter, CEO, New AmericaAt a time when many of us have only one view of the world, so much so that we only read the books and watch the media that support our vision, Roberts and Lamp present us with a real challenge: they lay out convincingly and comprehensively many different narratives of globalization and its political and economic effects. The book thus implicitly challenges the narrative that each of us finds most compelling. Like in a movie by Kurosawa, our view of events depends on our position. This book compels us to change our position, move out of our comfort zone, and see the world differently and more broadly. -- Branko Milanovic, author of Capitalism, AloneAnthea Roberts and Nicolas Lamp have written a brilliant and extremely valuable book. They process an enormous amount of information but also, crucially, narratives and storylines about economic globalization and offer us a new way to sort and evaluate the various claims that circulate. The debates about ‘winners and losers’ explored in Six Faces of Globalization will be with us for years and will be the stuff of headlines for the foreseeable future. -- Quinn Slobodian, author of Globalists: The End of Empire and the Birth of NeoliberalismAs in the proverbial story of five blind men trying to make sense of an elephant, globalization presents itself in different forms to its proponents and opponents. This immensely useful book clarifies the debates around globalization by developing six narratives rooted in contending values and perceptions of reality. It helps us not only understand the best version of other sides’ narratives, but also move beyond our own conceptual straitjackets. -- Dani Rodrik, Harvard UniversitySix Faces of Globalization is not one more big-think, grand-vision book on the world’s problems and how to solve them. Instead, it is an indispensable guide to how and why many people have abandoned the old, time-tested ways of thinking about politics and the economy. This is the book the world needs to read now. It deserves a spot on every shelf of books about globalization. -- Richard Baldwin, Graduate Institute, GenevaRoberts and Lamp give their readers a useful framing to understand today’s—and tomorrow’s—fights about the world economy. * Fortune *Policymakers and business leaders will appreciate this levelheaded and wide-ranging look at a hot-button issue. * Publishers Weekly *Roberts and Lamp set out to disrupt our intellectual inertia, first by mapping out the six major Western narratives of globalization, then exploring how those narratives drive policies, for better or worse. -- James Herndon * Asian Review of Books *This book is highly informative and will certainly appeal to a wide audience interested in identifying the main themes driving the US attitude towards free trade and confrontation with China. -- Enrico Colombatto * Journal of Economics *

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Book SynopsisThis third volume in the Law and Politics of Brexit series provides a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period.Trade ReviewWithout doubt, this book will act as an important and valuable reference point for students and researchers seeking an introduction to the TCA and its myriad problems. * Michael Dougan, Liverpool, CML Rev *Table of ContentsForeword by David Sassoli (President of the European Parliament) 1: Federico Fabbrini: Introduction Part I: The Context 2: Michael Cox: Brexit and British Decline in International Affairs 3: Dagmar Schiek: Brexit and the Implementation of the Withdrawal Agreement 4: John Doyle & Eileen Connolly: Brexit and the Peace Process in Northern Ireland Part II: Economic Relations 5: Giorgio Sacerdoti & Paola Mariani: Trade in Goods 6: Niamh Moloney: Trade in Services 7: Catherine Barnard & Emilija Leinarte: Mobility of Persons Part III: Security Relations 8: Oliver Garner: Justice and Home Affairs 9: Ben Tonra: Defense and Foreign Affairs 10: Edoardo Celeste: Data Protection Part IV: The Prospects 11: Nicolas Levrat: Governance 12: Brigid Laffan: Sovereignty 13: Federico Fabbrini: Integration

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Book SynopsisA unique and comprehensive overview on the numerous international rules governing migration, this book brings together and analyses the disparate norms and treaties within international and European law. It is a critical study of the role of international law in regulating the movement of persons, offering an ideal introduction to the field.Table of Contents1. History of International Migration Law ; 2. Sources of International Migration Law ; 3. Immigration Control ; 4. Migrant Workers ; 5. Refugees

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Book SynopsisThe Comprehensive and Progressive Agreement for Trans-Pacific Partnership among eleven key nations of the Pacific Rim has already expanded trade and economic cooperation among the Parties. It also serves to encourage political cooperation among them and has served as a model for future ''wide and deep'' free trade agreements. The chapters of this book will provide readers with a detailed understanding of the CPTPP''s coverage, including provisions relating to tariff elimination, customs rules of origin, agriculture, sanitary and phytosanitary measures, technical barriers to trade, telecommunications, intellectual property, investment and investorstate arbitration, financial and other services, government procurement, state-owned enterprises, electronic commerce and digital trade, small and medium-sized enterprises, competition law, labor and environmental protection, dispute settlement, and many others. No international lawyer, economist, trade negotiator, or enterprise can afford not Trade Review'From TPP to CPTPP nothing much changed other than the disappearance of the United States from the list of signatories. This model FTA includes provisions on the most avant-garde issues in international trade, and will surely provide a model for future FTAs. In this volume, the editors managed to bring together an amazing wealth of talent, and assigned them the task to explain the salient features of the CPTPP. The result is the most comprehensive discussion on what is proving to be a mainstay in international trade relations.' Petros C. Mavroidis, CLS, New York CityTable of Contents1. Introduction: the Trans-Pacific Partnership becomes the comprehensive and progressive agreement for TPP David A. Gantz and Jorge Huerta-Goldman; 2. TPP, US Congress and the Trade Promotion Authority Sheridan S. McKinney and John Gilliland; 3. The TPP, a horizontal overview Roberto Zapata Barradas; 4. Market access for trade in goods negotiations in the TPP César Guerrero and Félix González Sáenz; 5. Trade provisions as legos? How Chapter 2 of the TPP was influenced by WTO negotiations and prior US trade deals Roy Santana; 6. TPP, agricultural trade and food security Ekaterina Krivonos, Daneswar Poonyth and Mischa Tripoli; 7. Rules of origin and origin procedures Luis Ricardo Rodriguez Meneses; 8. Trade in textiles and apparel goods Rupa Ganguli and Jorge A. Huerta Goldman; 9. How far beyond the TFA? Trade facilitation in the WTO and the TPP Carlos Gabriel Enriquez Montes; 10. Treatment of trade remedies under the Trans-Pacific Partnership, Chapter 6 David A. Gantz; 11. SPS chapter under the TPP agreement and its implications Yuka Fukunaga; 12. Technical barriers to trade Jorge A. Huerta Goldman; 13. Addressing the right to regulate in the CPTPP investment chapter: identifying new treaty practice Rodrigo Monardes, Ana Novik and Carlos Portales; 14. Protecting Investment under NAFTA the Trans-Pacific Partnership and the comprehensive and progressive TPP David A. Gantz; 15. The Trans-Pacific Partnership as a development of the Australia−United States free trade agreement: services liberalization and investment protection Tania Voon and Andrew D. Mitchell; 16. Services overview: background, strategy and solutions Amb Peter Allgeier; 17. Cross-border trade in services (Chapter 10) and temporary entry for business persons (Chapter 12) Guillermo Malpica Soto; 18. Financial services Juan A. Marchetti; 19. Telecommunications chapter in the TPP Gerardo Meza Grillo; 20. Understanding the TPP agreement e-commerce chapter Ed Brzytwa, Stephen Ezell and Nigel Cory; 21. Government procurement in the Trans-Pacific Partnership Agreement: a global beachhead for market access and good governance Robert D. Anderson, Philippe Pelletier and Christopher R. Yukins; 22. TPP's competition policy chapter: towards convergence Juliana Nam; 23. Rules for state-owned enterprises in Chapter 17 of the Trans-Pacific Partnership Agreement: balancing market-oriented discipline and policy flexibility for states Iain Sandford and Jan Yves Remy; 24. Non-commercial assistance rules in the TPP: a comparative analysis with the SCM Agreement Yoshinori Abe and Takemasa Sekine; 25. IP in the TPP: how far beyond the existing FTAs does it go? Maximiliano Santa Cruz Scantlebury and Denisse Pérez; 26. Strengthening labor rights in the Trans-Pacific Partnership Agreement: a lost opportunity? Desirée LeClercq and Karen Curtis; 27. TPP trade and environment chapter Christopher O'Toole; 28. Horizontal regulatory coherence aspects of the TPP Phoenix X. F. Cai; 29. Transparency and anti-corruption Jorge A. Huerta Goldman; 30. State-to-state dispute settlement under TPP Chapter 28 and NAFTA Chapter 20 David A. Gantz; 31. Initial provisions, administrative provisions, exceptions and final provisions (TPP Chapters 1, 27, 29 and 30) David A. Gantz.

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Book SynopsisInternational Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts E-Commerce issues, including electronic bills of lading Insurance and payment mechanisms, such as letters of credit and the UCP 600 International transportation of cargo, including the Rotterdam Rules Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and develoTrade ReviewReviews for the fifth edition: ‘Many of my students have commented on how useful Indira Carr’s book had been to them… This book is on the top of my list of suggested key textbooks.’ — Dr Simone Lamont-Black, Edinburgh University, UK ‘This is an excellently written, comprehensive and easy to navigate through book. It is an indispensable resource for academics, practitioners and students.’ — Dr Jadranka Petrovic, Monash University, Australia ‘It is an excellent work on the major elements of international trade which accurately reflects the law and is essential for practitioners as well as students.’ — Masood Ahmed, Associate Professor, University of Leicester, UK ‘Carr’s book is fluently written and richly informative on the current state of the law and practice in field […] often bringing out the historical context of the international dynamics of commercial transactions’. — Dr Priscilla Schwartz, University of East London, UK Table of ContentsChapter 1 Standard Trade Terms Chapter 2 The Vienna Convention On The International Sale Of Goods 1980 Chapter 3 Electronic Commerce – Legal Issues And Harmonisation Chapter 4 The Electronic Transaction And Security Issues Chapter 5 Transportation Of Goods By Sea – Charterparties Chapter 6 Bills Of Lading Chapter 7 Bills Of Lading And Common Law Chapter 8 Carriage Of Goods By Sea: Bills Of Lading And The Carriage Of Goods By Sea Act 1971 (Hague-Visby Rules) Chapter 9 The Hamburg Rules And Recent Developments The Rotterdam Rules Chapter 10 International Carriage Of Goods By Air Chapter 11 International Carriage Of Goods By Rail Chapter 12 International Carriage Of Goods By Road Chapter 13 International Multimodal Transport Chapter 14 Marine Insurance Chapter 15 Letters Of Credit Chapter 16 Civil Jurisdiction Chapter 17 Choice Of Law Chapter 18 Foreign Judgments Chapter 19 Arbitration Chapter 20 Mediation (Conciliation): An Alternative Form Of Dispute Resolution Chapter 21 Fighting Corruption In International Business

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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 Synopsis“… presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions.” (International and Comparative Law Quarterly) Volume 5 of this new edition uses the insights developed in Volumes 3 and 4 to deal with financial products and financial services, the structure and operation of banking and of the capital markets, and the role of modern commercial and investment banks. Sections on products and services address the blockchain and its potential in the payment system, in securitisations, in the custodial holdings of investment securities, and in the derivative markets. 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 Contents1. Secured Transactions, Finance Sales and Other Financial Products and Services 1.1 Civil and Common Law Approaches to Financial Law. Credit Cultures and Transnationalisation 1.2 The Situation in the Netherlands 1.3 The Situation in France 1.4 The Situation in Germany 1.5 The Situation in the UK 1.6 The Situation in the US 2. Financial Products and Funding Techniques. Private, Regulatory and International Aspects 2.1 Finance Sales as Distinguished from Secured Transactions: The Re-characterisation Risk 2.2 Modern Security Interests: The Example of the Floating Charge 2.3 Receivable Financing and Factoring. The 1988 UNIDROIT Factoring Convention and the 2001 UNCITRAL Convention on the Assignment of Receivables in International Trade 2.4 Modern Finance Sales: The Example of the Finance Lease. The 1988 UNIDROIT Leasing Convention 2.5 Asset Securitisation and Credit Derivatives. Covered Bonds 2.6 Options, Futures and Swaps. Their Use and Transfers. The Operation of Derivatives Markets, Clearing and Settlement and the Function of Central Counterparties 2.7 Institutional Investment Management, Funds, Fund Management and Prime Brokerage 3. Payments, Modern Payment Methods and Systems. Set-off and Netting as Ways of Payment. International Payments. Money Laundering 3.1 Payments, Payment Systems. Money and Bank Accounts 3.2 The Principles and Importance of Set-off and Netting 3.3 Traditional Forms of International Payment 3.4 Money Laundering 4. Security Entitlements and Their Transfers through Securities Accounts. Securities Repos 4.1 Investment Securities Entitlements and Their Transfers. Securities Shorting, Borrowing and Repledging. Clearing and Settlement of Investment Securities 4.2 Investment Securities Repos

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Book SynopsisThe Sporting Exception in European Union Law is the definitive account of EU sports law. It provides a modern legal framework based on an analysis of major European Court of Justice judgments including Walrave (1974), Don... (1976), Bosman (1995), Deliège (2000), Lehtonen (2000), Kolpak (2003), Piau (2005) and Meca-Medina (2006). It also provides advanced commentary on the major sports-related competition decisions of the European Commission. Broadcasting issues, rules affecting player mobility and issues of sports governance are analysed, as are current issues in EU sports law including the Oulmers case, home-grown players, players' agents, the Services Directive, the Audiovisual Media Services Directive, the 2006 Independent European Sports Review, the 2007 Commission White Paper on Sport, the Reform Treaty and prospects for social dialogue. The work is a resource for academics, lawyers and sports administrators and students of sports law and EU law programmes.Table of ContentsIs Sport Special?.- EU Sports Policy.- EC Free Movement Law.- The Sporting Exception: Form and Substance.- EC Competition Law and Sport.- Sports Broadcasting in Community Law.- The European Labour Market for Professional Players.- Legal Issues in the Governance of Sport.- Conclusions.

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Book SynopsisThis book explains various methods of payment in international trade and trade finance schemes for international trade. It also presents an overview of the concepts, purposes, features, and risks of international trade.A grasp of the features and risks of international trade facilitates a better understanding of the numerous methods of payment in international trade and the relevant trade finance schemes, which is essential to success in international trade transactions.In order to complete an international trade transaction, depending on the terms, both parties need access to funds. Compared with large companies, small and medium-sized enterprises (SMEs), frequently face difficulties in raising capital or funds, but financing an international trade transaction is often the key to its successful completion. As such, selecting an appropriate financing mechanism from the various options available is vital.This book offers a systematic overview of international trade and payment together with trade finance, providing instructive examples and illustrations of trade documents, each method of payment, and trade finance including export credit insurance or guarantee.Table of ContentsChapter 1 Introduction to International Trade1. Concept of international trade 2. Purposes of international trade 3. Characteristics of international trade 4. Risks in international trade Chapter 2 International Trade Contracts 1. Concept of a contract 2. Formation of a contract 3. Performance of a contract Chapter 3 Documents for International Trade 1. Introduction 2. Commercial documents 3. Financial documents Chapter 4 Overview of Payment Methods 1. Introduction 2. Basic types of payment method Chapter 5 Payment in Advance (Cash in Advance) 1. Introduction 2. Operation of a payment in advance 3. Advantages/disadvantages Chapter 6 Open Account 1. Introduction 2. Operation of an open account 3. Features and advantages/disadvantages Chapter 7 Documentary Collection 1. Introduction 2. Operation of a documentary collection 3. Features and advantages/disadvantages 4. The Uniform Rules for Collections Chapter 8 Documentary Credits 1. Introduction 2. Operation of a documentary credit 3. Various types of a credit 4. Independence principle and fraud exception 5. Issuing a documentary credit through SWIFT Chapter 9 UCP and L/C Examples 1. UCP 2. Examples of L/C Chapter 10 Other Payment Methods 1. Bank payment obligation (BPO) 2. Consignment 3. Netting Chapter 11 Independent Guarantee (demand guarantee, standby L/C) 1. Introduction 2. Types of independent guarantees 3. Independence principle and fraud exception Chapter 12 Trade Finance for International Sale of Goods 1. Introduction 2. Export working capital financing (for pre-shipment) 3. Negotiation (or purchase) of bills of exchange 4. Export factoring (International factoring) 5. International forfaiting Chapter 13 Financing an Overseas Construction 1. Introduction 2. Supplier credit and buyer credit 3 Project finance 4 Syndicated loans Chapter 14 Export Credit Insurance or Guarantee 1. Introduction 2. Main types of export credit insurance or guarantee

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Book SynopsisDoes globalization help everyone or just the rich? Is it the enemy of sustainability or the only hope against climate change? Rival camps are dug in, but Anthea Roberts and Nicolas Lamp find points of agreement. Isolating the value conflicts that drive the globalization debate, they show where consensus lies and argue for achievable policy change.Trade ReviewSix Faces of Globalization is a very smart book, and not just for people interested in globalization. The authors manage to help readers understand the many faces of globalization by identifying multiple narratives that fuel different political movements and perspectives of the punditocracy. Ultimately, however, this is a book not just about globalization, but also about the power and importance of narrative: how it is constructed and how it can contribute to a far more nuanced and complex understanding of the forces of change. Highly recommended. -- Anne-Marie Slaughter, CEO, New AmericaAt a time when many of us have only one view of the world, so much so that we only read the books and watch the media that support our vision, Roberts and Lamp present us with a real challenge: they lay out convincingly and comprehensively many different narratives of globalization and its political and economic effects. The book thus implicitly challenges the narrative that each of us finds most compelling. Like in a movie by Kurosawa, our view of events depends on our position. This book compels us to change our position, move out of our comfort zone, and see the world differently and more broadly. -- Branko Milanovic, author of Capitalism, AloneAnthea Roberts and Nicolas Lamp have written a brilliant and extremely valuable book. They process an enormous amount of information but also, crucially, narratives and storylines about economic globalization and offer us a new way to sort and evaluate the various claims that circulate. The debates about ‘winners and losers’ explored in Six Faces of Globalization will be with us for years and will be the stuff of headlines for the foreseeable future. -- Quinn Slobodian, author of Globalists: The End of Empire and the Birth of NeoliberalismAs in the proverbial story of five blind men trying to make sense of an elephant, globalization presents itself in different forms to its proponents and opponents. This immensely useful book clarifies the debates around globalization by developing six narratives rooted in contending values and perceptions of reality. It helps us not only understand the best version of other sides’ narratives, but also move beyond our own conceptual straitjackets. -- Dani Rodrik, Harvard UniversitySix Faces of Globalization is not one more big-think, grand-vision book on the world’s problems and how to solve them. Instead, it is an indispensable guide to how and why many people have abandoned the old, time-tested ways of thinking about politics and the economy. This is the book the world needs to read now. It deserves a spot on every shelf of books about globalization. -- Richard Baldwin, Graduate Institute, GenevaRoberts and Lamp give their readers a useful framing to understand today’s—and tomorrow’s—fights about the world economy. * Fortune *Policymakers and business leaders will appreciate this levelheaded and wide-ranging look at a hot-button issue. * Publishers Weekly *Roberts and Lamp set out to disrupt our intellectual inertia, first by mapping out the six major Western narratives of globalization, then exploring how those narratives drive policies, for better or worse. -- James Herndon * Asian Review of Books *This book is highly informative and will certainly appeal to a wide audience interested in identifying the main themes driving the US attitude towards free trade and confrontation with China. -- Enrico Colombatto * Journal of Economics *

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Book SynopsisCovering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It looks at the origins of the field of law and economics, tracks the field''s progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.Table of Contents1: Gary Becker and Richard Posner: The Future of Law and Economics Part 1. Methodology and Foundations 2: Thomas J. Miceli: Economic Models of Law 3: Jonah B. Gelbach and Jonathan Klick: Empirical Law and Economics 4: Christine Jolls: Bounded Rationality, Behavioral Economics, and the Law 5: Sean P. Sullivan and Charles A. Holt: Experimental Economics and the Law 6: Tess Wilkinson-Ryan: Experimental Psychology and the Law 7: Janice Nadler and Pam A. Mueller: Social Psychology and the Law 8: Georg von Wangenheim: Evolutionary Law and Economics 9: Daniel A. Farber: Public Choice Theory and Legal Institutions 10: Stefan Voigt: Constitutional Economics and the Law 11: Emerson H. Tiller: Law, Economics, and Positive Political Theory 12: Georg Vanberg and Viktor Vanberg: Contractarian Perspectives in Law and Economics 13: Shruti Rajagopalan and Mario J. Rizzo: Austrian Perspectives in Law and Economics 14: Brian H. Bix: Moral Philosophy and Law and Economics 15: David M. Driesen and Robin Paul Malloy: Critiques of Law and Economics Part II. Concepts and Tools 16: Chris William Sanchirico: Income Redistribution through the Law 17: Richard O. Zerbe: Cost-Benefit Analysis in Legal Decision-Making 18: John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur: Well-Being and Public Policy 19: Tom R. Tyler: Value-Driven Behavior and the Law 20: Donald Wittman: Ex Ante vs. Ex Post 21: Giuseppe Dari-Mattiacci and Gerrit DeGeest: Carrots vs. Sticks 22: Emanuela Carbonara: Law and Social Norms 23: Werner Güth: Mechanism Design and the Law 24: Shmuel Nitzan and Jacob Paroush: Collective Decision Making and Jury Theorems

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Book SynopsisThis volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Leading practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.Trade Review...Indisputably relevant for an understanding of what is currently the meaning of the different standards applicable to investments and the emerging trends in case law related to such standards. * Revue de Droit des Affaires Internationales *This book provides a good overview of the substantive framework of investment protection * ASA Bulletin *The papers in this volume add substantial academic value with their discussion if the burgeoning case law arbitral tribunals. The contributors of these papers provide a sophisticated and helpful discussion of the standards of investment protection. This book is worthy of attention by every international lawyer with an interest in this area. * International and Comparative Law Quarterly *This book provides a good overview of the substantive framework of investment protection. * ASA BULLETIN *This book is worthy of attention by every international lawyer with an interest in this area * John Townsend, International and Comparative Law Quarterly *Table of ContentsIntroduction ; 1. Admission ; 2. National Treatment ; 3. Most-favoured Nation Treatment ; 4. Arbitrary and Unreasonable Measures ; 5. Fair and Equitable Treatment ; 6. Full Protection and Security ; 7. Indirect Expropriation ; 8. Legality of Expropriation ; 9. Transfers

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Book SynopsisAn analysis of international trade and investment in the 1990s. The text lays out a US trade strategy for the future, examines the influence of the World Trade Organization, argues for and against economic globalization, and offers a critique of US multilateral and regional free trade.

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Book SynopsisThe proliferation of regional trade agreements (RTAs) over the past two decades has highlighted the need to look closely at the potential conflicts between regional and WTO rules or disciplines. A major obstacle to advancing understanding of RTAs is the absence of detailed information about their contents. This has limited the debate between those who view RTAs as discriminatory instruments hostage to protectionist interests and those who see them as conducive to multilateral trade opening. This book provides detailed analysis of RTA rules in six key areas - market access, technical barriers to trade, contingent protection, investment, services and competition policy - across dozens of the main RTAs in the world. The analysis helps to provide new insights into the interplay between regional and multilateral trade rules, advances understanding of the economic effects of RTAs and contributes to the discussion on how to deal with the burgeoning number of RTAs.Trade Review'The volume makes a useful contribution to existing literature and will be of interest not only to a policy audience, but also to researchers.' The Journal of World Trade ReviewTable of Contents1. Introduction Antoni Estevadeordal, Kati Suominen and Robert Teh; 2. Big-think regionalism: a critical survey Richard Baldwin; 3. Market access provisions in regional trade agreements Antoni Estevadeordal, Matthew Shearer and Kati Suominen; 4. Trade remedy provisions in regional trade agreements Robert Teh, Thomas J. Prusa and Michele Budetta; 5. A mapping of regional rules on technical barriers to trade Roberta Piermartini and Michele Budetta; 6. Services liberalization in the new generation of preferential trade agreements (PTAs): how much further than the GATS? Martin Roy, Juan Marchetti and Hoe Lim; 7. Mapping investment provisions in regional trade agreements: towards an international investment regime? Barbara Kotschwar; 8. Competition provisions in regional trade agreements Robert Teh; Appendix.

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Book SynopsisNegotiating the liberalization of world agricultural trade in the World Trade Organization (WTO) is fraught with difficulty due to the complexity of the issues and the wide range of interests across countries. In the round of global trade negotiations under the WTO, different perspectives on trade reform have produced a highly contentious agenda. These issues are addressed from a range of perspectives in this survey of the trade agenda and its implications for both developing and developed countries. Agricultural trade specialists, including those in universities, in international organizations and think tanks, analyse a comprehensive range of topics including interests and options in the WTO trade negotiations, the trade agenda from a development patent perspective, WTO trade rules, trade barriers, tariff negotiations and patent protection for developing countries.Table of ContentsList of figures, tables and boxes; List of contributors; Preface; List of abbreviations; 1. Introduction Merlinda D. Ingco and L. Alan Winters; 2. Agriculture and the trade negotiations: a synopsis Merlinda D. Ingco and L. Alan Winters; Part I. Experience and Lessons from the Implementation of WTO Agreements: 3. The Uruguay Round Agreement on Agriculture in practice: how open are the OECD markets? Dimitris Diakosavvas; 4. How developing countries are implementing tariff-rate quotas Philip Abbott and B. Adair Morse; 5. A review of the operation of the Agreement on Sanitary and Phytosanitary Measures Gretchen Stanton; Part II. Interests, Options, and Objectives in a New Trade Round: 6. Agriculture, developing countries, and the Doha Development Agenda Kym Anderson; 7. Where the interests of developing countries converge and diverge Alberto Valdés and Alexander F. McCalla; Part III. New Trade Rules and Quantitative Assessments of Future Liberalization Options: 8. Market access, export subsidies, and domestic support: developing new rules Harry de Gorter; 9. Options for enhancing market access in a new round Tim Josling and Allan Rae; 10. Liberalizing tariff-rate quotas: quantifying the effects of enhancing market access Aziz Elbehri, Merlinda D. Ingco, Thomas W. Hertel and Kenneth Pearson; 11. The global and regional effects of liberalizing agriculture and other trade in the new round Thomas W. Hertel, Kym Anderson, Joseph F. Francois and Will Martin; 12. Modeling the effects on agriculture of protection in developing countries Dean A. DeRosa; 13. Liberalizing sugar: the taste test of the WTO Brent Borrell and David Pearce; 14. Bananas: a policy overripe for change Brent Borrell; Part IV. New Trade Issues and Developing Country Agriculture: 15. Sanitary and phytosanitary barriers to agricultural trade: progress, prospects, and implications for developing countries Donna Roberts, David Orden and Tim Josling; 16. How developing countries view the impact of sanitary and phytosanitary measures on agricultural exports Spencer Henson, Rupert Loader, Alan Swinbank and Maury Bredahl; 17. State trading in agricultural trade: options and prospects for new rules W. M. Miner; 18. Environmental considerations in agricultural negotiations in the new WTO round John Whalley; 19. Intellectual property rights and agriculture Jayashree Watal; 20. Genetically modified foods, trade and developing countries Chantal Pohl Nielsen, Karen Thierfelder and Sherman Robinson; 21. Multifunctionality and optimal environmental policies for agriculture in an open economy Jeffrey M. Peterson, Richard N. Boisvert and Harry de Gorter; Author index; Subject index.

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Book SynopsisThis book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, which is a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.Table of ContentsPart I. Theoretical Framework: 1. The financial crisis: why have no high-level executives been prosecuted? Jed S. Rakoff; 2. Private enforcement in the United States and in Europe: a comparatist's ruminations and potential lessons for Asia Mathias Reimann; 3. Disclosure regulation and the rise of capital markets: nineteenth-century Britain and Germany compared Carsten Gerner-Beuerle; 4. Mandatory arbitration in consumer finance and investor contracts Michael S. Barr; 5. The bonding effect in cross-listed Chinese companies: is it real? Donald Clarke; Part II. China (Mainland): 6. Improving the civil liability system for false and misleading disclosure in the Chinese securities markets Liming Wang; 7. A question of class action in China Xianchu Zhang; 8. Private enforcement of securities law in China: past, present and future Robin Hui Huang; 9. Improving investor-friendly legal environment in Chinese capital markets Junhai Liu; 10. Enforcing fiduciary duties as tort liability in Chinese courts Jiangyu Wang; 11. China's free trade zone and latest development of the resolution mechanism for financial disputes: a perspective from the innovation of Qianhai international arbitration Xiaochun Liu; Part III. Common Law Jurisdictions: 12. Curbing managerial agency costs: private litigation and its substitutes in the US James D. Cox and Randall S. Thomas; 13. Private enforcement of corporate law: an empirical comparison of the UK and US John Armour, Bernard Black, Brian Cheffins and Richard Nolan; 14. Securities law enforcement and the rule of law Jeffrey G. MacIntosh; 15. Securities regulation in Australia - the role of the class action Michael Legg; 16. Enforcement of corporate and securities laws in India: the arrival of the class action? Vikramaditya Khanna; 17. Enforcement of Hong Kong's securities law - the underpinning philosophy Alexa Lam; Part IV. Civil Law Jurisdictions: 18. Enforcement of company and securities laws in Germany: an exercise in diversity Rainer Kulms; 19. Liability for misstatements to the market: the post-Parmalat years Guido Ferrarini and Paolo Giudici; 20. Growing securities litigation against issuers in Japan: its background and reality Gen Goto; 21. Private enforcement of company law and securities regulation in Korea Hwa-Jin Kim; 22. The IPC model for securities law enforcement in Taiwan Wen-yeu Wang; 23. Building enforcement capacity for Brazilian corporate and securities law John Armour and Caroline Schmidt; Conclusion Robin Hui Huang and Nicholas Calcina Howson; Index.

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Book SynopsisThe climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah''s classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.Table of Contents1. Introduction; 2. The shaping factors; 3. Controls by the host state; 4. The liability of multinational corporations and home state measures; 5. Bilateral investment treaties; 6. Multilateral and regional instruments on foreign investment; 7. Settlement of investment disputes: contract-based arbitration; 8. Treaty-based investment arbitration: jurisdictional issues; 9. Causes of action: breaches of treatment standards; 10. The taking of foreign property; 11. Compensation for nationalisation of foreign investments; 12. Defences to responsibility; Bibliography; Index.

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Book SynopsisIncome inequality in America has been on the rise for decades, but policy and legal thought has yet to catch up. Both parties in the United States have been hesitant to intervene in the market to address this problem, while the income tax system has been touted as a better and more efficient way to tackle income inequality. However, the tax system itself has failed to keep pace with the widening gaps in income. Ending Income Inequality challenges arguments made by legal scholars in the field of law and economics, who have supported the tax system over redistributive legal rules. By examining specific areas of the law such as minimum wage, collective bargaining, antitrust law, intellectual property, and housing regulation, the book argues that using legal rules, in addition to income taxes, is a promising path to reverse rising inequality.

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Book SynopsisThis book examines the relationship between flexible regional economic integration in the East African Community (EAC), through its application of variable geometry, and the establishment of the African Continental Free Trade Area (AfCFTA) as a continent-wide form of integration. It uses a historical, political, legal and economic analysis of the processes that led to the adoption of flexible regional integration in Africa, with particular regard to the EAC. This takes place in the inescapable context of pan-Africanism, showing how regional integration efforts in Africa are based on pan-Africanist ideals, and how an evolution of these ideals has led to an evolution in the goals of integration. With growing awareness of the weaknesses and impracticality of consensus-based decision-making on a global level, it makes the case for the pursuit of flexibility in multilateral trade, drawing lessons from the experience of the AfCFTA and blocs in other regions. This book is a historical evaluation of regional economic integration efforts in Africa and it follows the path of attempts to integrate the economies on the continent from colonial times to the birth of the AfCFTA. While it is a study in law, it relies heavily on politics, economics and history to weave together a more complete theory of economic integration based on the African experience. Flexible Regional Economic Integration in Africa was awarded the 2020 SIEL–Hart Prize in International Economic Law.Table of Contents1. Introduction I. The East African Community (EAC) II. Flexible Regional Economic Integration III. The Approach IV. Significance V. Overview 2. Integration Theory I. Deciphering Regional Economic Integration II. A Brief Revisiting of Integration Theories A. From Autarky to Single Markets B. Why Integrate? C. How We Integrate D. The Effects of Integration E. The Complexity of Theorising III. Pan-Africanism, Integration Theory and the African Experience A. Reasons for Integration in Africa B. The Slow Pace of Integration in Africa IV. Summary: Theories, Realities and the Ensuing Frustration 3. Flexible Regional Economic Integration I. A Definition of Flexible Regional Integration A. A Principle of Flexibility B. Progression in Cooperation C. A Subgroup of Members D. A Larger Integration Scheme E. A Variety of Areas F. Different Speeds II. Streamlining Definition: Flexible Regional Economic Integration III. The Application of Flexible Regional Economic Integration A. Flexible Integration: A Broad Spectrum B. Flexible Integration in Africa C. Beyond Africa: Flexibility in the EU and MERCOSUR IV. Arguments in Favour of Flexible Integration A. Reasons for the Existence of Flexible Integration B. Benefits of Flexible Integration V. Criticisms of Flexible Integration VI. Summary 4. An Introduction to the EAC I. Early Beginnings II. The Second Attempt A. Harmonised Economic Policy B. Common Institutions C. The Common Market D. The Second Collapse III. The EAC Today A. Policy Harmonisation B. EAC Institutions C. The EAC Customs Union and Common Market IV. Looking Forward V. Summary 5. Flexible Regional Economic Integration in the East African Community I. A Brief History of Article 7(1)(e) of the EAC Treaty A. The Double-Edged Context B. The Unchanging Clause C. The Connection between the Unchanging Clause and the Africa-wide Link II. Why Flexible Regional Economic Integration in the EAC? A. Political Factors B. Economic Factors III. Summary 6. The Northern Corridor Integration Projects I. An Introduction to the NCIP A. The Projects B. Participating States and a Brief Review of Relations between them C. The Politics of the East African Community II. Milestones to NCIP’s Establishment A. EACJ Advisory Opinion No. 1 of 2008 B. The Entebbe Meeting of 25 June 2013 and Subsequent NCIP Summits C. Precipitating Factors D. Protestations from Tanzania and Other Criticisms III. Effects of the NCIP A. Trade Patterns B. Relations between the EAC Partner States C. Relations between the EAC and Third Parties IV. Summary 7. The Africa Continental Free Trade Area I. A Brief History of the AfCFTA A. Faltering, Learning and Unlearning: 1960–1980 B. The Post-Lagos Surge: 1980–2018 II. AfCFTA: Objectives, Principles and Enabling Factors A. AfCFTA: A Long Time Coming, But Why Now? III. The EAC and AfCFTA: Mother and Child, or Egg and Fowl? A. The Egg and Fowl Debate B. The EAC and AfCFTA: Friend or Foe? C. AfCFTA: The EAC Supersized? IV. Summary: Is the AfCFTA a Case for or Against Flexible Integration? 8. Beyond the Regions: Flexibility in Multilateral Trade I. The WTO Today – A Single Undertaking? A. Inconsistent Commitments B. Transitional Arrangements C. The Plurilateral Agreements D. The Critical Mass Approach E. ‘Trade And –’ II. Why Has Flexibility Been Avoided? A. The Reason for the Rules B. The Rule about the Rules C. The Sovereignty Debate D. The Ironic Role of Regional Trade Agreements (RTAs) E. The Fragility of Practicality III. The Big Question: How? A. How Would Multilateral Flexibility Look? B. How do we Sell Multilateral Flexibility? 9. Flexibility: Looking Ahead

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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 SynopsisEnterprise foundations are foundations which own companies. The term is not widely known, but many will recognize the names of companies like Bosch, Bertelsmann, Carlsberg, Hershey, Rolex, Investor or Tata Sons, which are owned by foundations or equivalent entities - stiftungen, trusts, fonde, stichtingen etcetera - whose names reflect their legal and national origins. Although enterprise foundations have been around for more than a century, they have recently attracted attention as embodiments of the purpose-driven company advocated by Colin Mayer, the British Academy, the World Economic Forum, George Serafeim and others. Many foundations are non-profits without a personal profit motive, which sets them aside from other corporations. Instead, they are legally bound by their purpose, which is typically to secure the longevity and independence of the companies that they own and to contribute to society through philanthropy. As perpetuities which cannot be dissolved, they are long-term owners. However, not all enterprise foundations are equally idealistic. Some have strong ties to the founding family and continue to support its descendants. Others similarly have ties to the government organizations, cooperatives or associations that helped establish them. This book will delve into the motivations and circumstances resulting in these fascinating divergences. Enterprise foundation law differs greatly around the world. Very few countries, like Denmark, have codified civil and tax law on the topic. Some - such as, until recently, the US - have effectively banned them. Others, like Germany, seek to limit foundation involvement in the underlying businesses. The tax treatment of foundations also varies considerably. Clearly there is much to be learned by mapping and analyzing the diversity here. This book provides an overview of enterprise foundation law in six European countries - Germany, Austria, Sweden, Denmark, Switzerland and Italy - which all host a number of important foundation-owned companies. A chapter on the US discusses to what extent enterprise foundations are permissible in the US. The book provides answers to the following questions on the subject: - Does foundation law allow enterprise foundations? If yes, with what qualifications? - Are enterprise foundations commonly used? What are the reasons for their popularity or lack of it? - What rules are in place regarding the purpose a foundation must have? Does running an enterprise alone suffices as a purpose for a foundation? - Does the law impose specific rules on foundation governance? - Are enterprise foundations subject to supervision by a public body? - To what extent are foundation enterprises favoured by the tax system? This book is written by prominent law professors from seven different legal systems. A final, concluding chapter compares foundation law in the seven nations. Although all countries permit enterprise foundations in some forms, Enterprise Foundation Law in a Comparative Perspective demonstrates that great differences can be found in the relevant civil and tax laws, which influence their prevalence and governance.

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Book SynopsisThe Community Trade Mark Regulation came into force in March 1994, and the first CTM applcations will be accepted from 1st January 1996. By filing one application, a trade mark owner may obtain a single registration effective throughout the whole of the EC, and for the first time it will be possible to gain truly international protection for intellectual property rights. Trade mark practitioners world-wide will require in-depth knowledge of the system in order to advise their clients how best to benefit from the Community Trade Mark. The Madrid Protocol comes into effect on 1st April 1996, providing a procedural shortcut to the multiple filing of national trade mark applications. The Protocol will eventually dovetail into the CTM system. This guide aims to help the practitioner to evaluate whether the CTM or the Madrid Protocol or both will best meet the commercial client''s aims.

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