Public international law: economic and trade Books

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisInternational investment law and arbitration is its own ''galaxy'', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.Trade Review'Rules and Practices of International Investment Law and Arbitration is a remarkably clear and accessible treatment of what is currently the most complex and dynamic area of international law. While established substantive and procedural concepts are thoroughly explained, Professor Radi does not shy from revealing the critical fault lines and perennial bugbears in the field in their most controversial light. Beyond showing us the status quo, the coverage of the evolution in treaty practice and new policy initiatives makes this book a harbinger of the path to ISDS reform.' Brooks W. Daly, Deputy Secretary-General and Principal Legal Counsel, Permanent Court of Arbitration'A clear, precise, well-constructed work that provides an effective key to understanding a subject that has become complex and prolific. The author has been able to take sufficient distance to grasp the dominant logic as the main features of this branch of international law, while providing precise analyses of the evolution of arbitral jurisprudence. An indispensable tool for students and practitioners alike.' Pierre-Marie Dupuy, Emeritus Professor, University Paris 2 Panthéon-Assas'This book offers an extensive, practice-oriented analysis of the procedural, substantive and institutional aspects pertaining to international investment law, while also exploring its theoretical underpinnings and recent crisis of legitimacy. Professor Dr Radi has written a comprehensive work of reference that will be extremely useful for scholars and practitioners of investment arbitration alike.' Albert Jan van den Berg, Founding Partner, Hanotiau & van den BergTable of Contents1. The History of International Investment Law and Arbitration; 2. The Sources of International Investment Law and Arbitration; 3. Introduction to the Substantive Rules Protecting Foreign Investments and Public Interests; 4. Promotion, Facilitation, Admission and Establishment of Foreign Investments; 5. Standards of Treatment; 6. The Protection Against Illegal Expropriation; 7. Public Interest Limitations on Foreign Investors' Protection; 8. Obligations to Protect and Respect Public Interests; 9. Insurance Against Political Risks; 10. Classification of Investment-related Disputes and Dispute Settlement Mechanisms; 11. Investor-State Arbitration: Historical, Institutional and Procedural Dimensions; 12. Applicable Law and Interpretation; 13. Provisional Measures; 14. Jurisdiction and Admissibility; 15. Investor-State Arbitration and the Law of State Responsibility:Attribution, Circumstances Precluding Wrongfulness and Reparation; 16. ICSID Convention Annulment Proceedings.

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Book SynopsisJürgen Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. This book also offers reform ideas and possibilities, which will be of interest to treaty negotiators and other government officials.Trade Review'Professor Kurtz's book is a stimulating and evocative treatment of a field of contemporary and growing importance. His thorough scholarship impresses, and his analysis and insight both inform and challenge. This is a very important work.' Donald McRae, Jerusalem Review of Legal Studies'The WTO and International Investment Law by Professor Jürgen Kurtz is without a doubt the most comprehensive and thorough study to date of the evolving relationship between international trade law and international investment law. It is magisterial in its scope, covering a broad range of international disputes (within the World Trade Organization) and relevant investor-state arbitrations. It engages with both trade law, and investment protection law, each on its own terms, with a fluency of discourse that will surely be appreciated by scholars and practitioners in both fields … [It] will be the standard against which all academic forays into this area of regime interaction will be measured.' Tomer Broude, Jerusalem Review of Legal Studies'Without doubt, this book is a comprehensive and stimulating study by an expert in both fields that will deepen understanding of the relationship between trade and investment. The author masterfully brings together discourses that are taking place between scholars and practitioners in each regime but frequently in relative isolation from each other.' Rhea T. Hoffmann, European Journal of International Law'… remarkable for the richness of its approach, covering both black letter law and doctrine as well as the conceptual and historical context of the converging, overlapping and still diverging systems - which makes for a book valuable even to those outside the immediate fields treated.' Joseph Weiler, European Journal of International Law'This is a challenging and inspiring book, with powerful arguments that will set the benchmark for future discussions on the relationship between WTO law and international investment law, their cross-fertilization and convergence, cross-inspiration and the borrowing of institutions, rules, interpretive methods and arguments.' Catherine Titi, Common Market Law Review'The WTO and International Investment Law offers the reader an intriguing picture of the current state of international investment law … highly recommended reading for everyone interested in the current as well as the future development of international investment law.' Ondřej Svoboda, Czech Yearbook of Public & Private International LawTable of Contents1. Introduction; 2. History; 3. National treatment; 4. Science as a common proxy for rational regulation; 5. Common exceptions and derogations; 6. Dispute settlement; 7. Conclusion.

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Book SynopsisThe book examines the twofold ''boundaries'' of the concept of the European Union''s internal market the geographical and the substantive through the prism of expanding the internal market to third countries without enlarging the Union. The book offers a comprehensive analysis of the conditions under which the internal market can effectively be extended to third countries by exporting EU acquis via international agreements without sacrificing its defining characteristics. Theoretical rather than empirical in approach, the book scrutinises and meticulously questions the required level of uniformity within flexible integration relating to the substantive scope of the internal market, the role of foundational principles in the European Union''s market edifice, and the institutional framework necessary for granting third country actors full participation in the internal market while safeguarding the autonomy of the Union''s legal order.Trade Review'This wonderfully rich book interrogates the 'exportability' of the EU's internal market concept. Its application to and in third countries asks questions about its scope and content as well as its constitutional and institutional character. And, as the book reveals, those questions may provoke different answers in different contexts. I am delighted to see its publication.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford'This book by Marja-Liisa Öberg comes at a moment of renewed attention for the so-called 'Brussels effect' as a consequence of the regulatory impact of EU norms in third states. Yet, rather than just highlighting the normative power of the EU, its main contribution lies in revealing the constitutional and institutional limits to exporting the internal market acquis. In that sense, it forms an essential contribution to the ongoing debate.' Ramses A. Wessel, Professor of European Law, University of Groningen'The impact of internal market regulation beyond the EU is central to the EU's external relations and global power. Ambitious 'green' regulation and Brexit will only make it more salient. Marja-Liisa Öberg's book is a penetrating analysis of the law and politics underlying the expansion of EU regulatory power. It accessibly explains how and why the EU's constitutional particularities set boundaries to the internal market's expandability and constructively proposes remedies.' Christina Eckes, Professor of European Law, University of Amsterdam'The title of this book strongly resonates with the current debate on the future UK-EU relationships. But it goes much further than this. It helps make sense of the intensification of the relations between the EU and neighbouring countries in the last decades, where partners share about everything but membership. More critically, it offers us a renewed vision of the Internal Market taking the perspective of its inherent limitations. This book deserves the attention of the specialists of EU external relations law as well as, more broadly, those interested in the real constitution of Europe.' Loïc Azoulai, Professor of European Law, Sciences Po Law School, Paris'This topical, thoughtful, and well set out book analyses how the EU exports its internal market acquis and explores the constitutional and institutional constraints that get in the way.' Panos Koutrakos, Professor of EU Law and Jean Monnet Professor of EU Law, City, University of LondonTable of Contents1. Introduction; 2. Expanding the internal market: the phenomenon; Part I. Expanding the Internal Market: The Concept: 3. Internal market acquis: the concept; 4. Internal market: unity; 5. Internal market: the constitutional context; Part II. Expanding the Internal Market: Institutional Implications: 6. Autonomy of the EU legal order; 7. Institutional framework: defining the core of the internal market; 8. Institutional framework: safeguarding the core of the internal market; 9. Conclusion: internal market – united in everything but membership?

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Book SynopsisThis book explores cutting-edge areas of new Asian regionalism in international economic law. It provides a guide for policy-makers, business and legal professionals to understand the new dynamics of trade and investment agreements in the Asia-Pacific.Trade Review'This ground-breaking work by a leading scholar in the field of international economic law provides a critical account of new Asian regionalism. Pasha L. Hsieh persuasively takes on the ambitious task of writing a comprehensive book on the increasingly important role of developing countries in shaping international trade norms. This book will surely prove to soon become an indispensable reference for practitioners and scholars in international law and international relations.' Julien Chaisse, Professor, City University of Hong Kong & President, Asia-Pacific FDI Network'Pasha L. Hsieh has written a remarkable book that should well serve all who wish to understand the increasing importance of Asian economies and political systems for international relations, rivalries and cooperation. It is comprehensive, analytical, theoretical and yet practical. It is also full of interesting, updated details, but nevertheless highly readable.' Jerome A. Cohen, Founding Faculty Director Emeritus, US-Asia Law Institute, New York University; Adjunct Senior Fellow for Asia, Council on Foreign Relations'The conclusion of the RCEP heralds the emergence of Asia as a new center of the global trading order. This book provides a unique lens through which to view how new Asian regionalism led by ASEAN has transformed international economic law. Pasha L. Hsieh's extensive research successfully fills a gap in the existing literature on regionalism by combining legal and political perspectives.' Yuka Fukunaga, Professor, Waseda University'This is an excellent and very timely contribution on an important area of international economic law. The book by Pasha L. Hsieh comes at a particularly opportune time with the rise of regionalism. It provides a clear, comprehensive, and well-researched analysis of regional trade integration law and policy in Asia. It combines theoretical analysis with a clear exposition of the law and will be of great use both to international trade lawyers and academics at large.' Rafael Leal-Arcas, Jean Monnet Chair Professor, Queen Mary University of London'In this compelling monograph, Pasha L. Hsieh convincingly builds upon his previous work theorizing a New Regional Economic Order (NREO) and applying his NREO theory to explain the emergence and importance of new Asian regionalism. Hsieh draws upon his advanced training in law and political science to engage with both legal and international relations literatures, filling in important lacunae in the scholarship of each discipline. This ambitious work is a must-read for any serious scholar of international economic integration in the Asia-Pacific.' Meredith Kolsky Lewis, Professor and Vice Dean, University at Buffalo School of Law, The State University of New YorkTable of Contents1. Introduction: New Asian regionalism as a global paradigm shift; 2. The legalization of the ASEAN economic community; 3. Signing the RCEP as a milestone; 4. Constructing interregionalism: The new EU strategy to Asia; 5. Revitalizing the US Pivot to Asia; 6. The marginalization or rejuvenation of APEC?; 7. Conclusion.

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Book SynopsisWhy have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties.Trade Review'… interesting … should appeal to scholars from a number of disciplines including historians, political scientists and economists.' Alan Swinbank, International Trade Law and Regulation'This is an excellent contribution to the literature on international trade law. It is remarkable in terms of its rigorous analysis of an important and neglected dimension of its history, the fresh perspective it offers on established conceptions about free trade and in terms of its broader implications for the future of the trade regime. The text assumes a significant level of familiarity with literature on international trade law. It is likely to be of interest to academics in the field or in related areas such as international development and institutional studies. It is also an informative and thought-provoking read for those involved in trade practice and policy-making.' Anna Chadwick, European Journal of International Law'The main thesis of Michael Fakhri, a professor of international trade and food law at the University of Oregon, is that international law fundamentally contributed to the transformation of a simple plant into a global product. With a fine use of history, he explores the role of three international treaties in the expansion of sugar-related industrial interests: the Brussels Sugar Convention of 1902 and two international commodity agreements - the International Sugar Agreements (ISAs) of 1937 and 1977 … a critical attempt to make sense of change over time using three case studies to explore one product in detail.' Sergio Puig, The American Journal of International Law'Sugar and the Making of international Trade Law provides a great addition to undergraduate or graduate courses on food justice, global studies, international trade, economic concepts, and postecolonialism. Scholars and advocates will relish its topical insights, while teachers will enjoy working through its approach with students.' Ernesto Hernández-López, GastronomicaTable of ContentsPart I. Prologue: 1. International institutions as part of the history of agriculture; 2. Histories as context; Part II. The 1902 Brussels Convention and the Beginnings of Modern Trade Law: 3. Free trade as an imperial project; 4. The institutionalization of international trade; Part III. The 1937 ISA, Cuba and the League of Nations: 5. Economic aspects of the League of Nations; 6. Developing a Cuban State and renegotiating American imperialism; Part IV. The 1977 ISA and the Implications of Institutionalization: 7. The postwar institutional landscape; 8. The 1977 ISA as an exemplar of postwar ICAs; Part V. Epilogue: 9. Using the past to open up the future of trade law.

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Book SynopsisIf a broker-dealer liquidates in federal bankruptcy court, why does an insurance company liquidate in state court, and a bank outside of court altogether? Why do some businesses re-organize under state law ''assignments'', rather than the more well-known Chapter 11 of the Bankruptcy Code? Why do some laws use the language of bankruptcy but without advancing policy goals of the Bankruptcy Code? In this illuminating work, Stephen J. Lubben tackles these questions and many others related to the collective law of business insolvency in the United States. In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein. By considering the whole sweep of these laws - running the gamut from Chapter 11 to obscure receivership provisions of the National Bank Act - readers will acquire a fundamental understanding of the ''law of failure''.Trade Review'Professor Lubben has a great knack for making the most complicated matter understandable. The Law of Failure balances the depth of analysis that's often required with the clarity and practicality that practitioners demand.' Robert E. Gerber, former US Bankruptcy Judge, Southern District of New York'Required reading for practitioners and policy makers who need to plumb the intricacies of the divergent insolvency and restructuring systems in the United States … One can only hope that this thorough work spurs some thoughtful rethinking and re-engineering of the myriad inconsistent and often inefficient systems of the Law of Failure.' Richard Levin, co-drafter of the United States Bankruptcy Code, Co-Head of Restructuring and Bankruptcy Practice, Jenner & Block LLP, New York'[Lubben's] thorough march through the byzantine provisions of the various financial distress resolution regimes is a scholarly delight. His writing is as captivating as his analysis is thorough. More importantly, the questions he raises regarding the overlap (and inconsistencies) among the various regimes are critical for anyone interested in coherent regulatory policy.' John A. E. Pottow, John Philip Dawson Collegiate Professor of Law, University of Michigan Law School'Lubben provides a concise academic analysis of American business insolvency law for students and practitioners. He presents historical and topic-specific approaches to a body of law that goes beyond a basic understanding of federal bankruptcy law. His purpose in writing the book is to share his exploration of the vast array of state and federal insolvency laws, from Nevada's insolvent campgrounds law to the Dodd–Frank Act. His reader-friendly content includes such helpful information as an explanation of a partnership law concept called the 'jingle rule'. It also includes historical trivia: at the time the 1898 Bankruptcy Act was passed, with the exception of the Civil War period, the primary activities of the federal government had been to operate the post office and collect tariffs. Much of the book covers examples of insolvencies not covered under the current Bankruptcy Code.' E. G. Ferris, ChoiceTable of ContentsIntroduction; 1. Why business insolvency?; 2. The federal law of business insolvency; 3. State business insolvency law; 4. Financial institutions under federal law; 5. State financial institution insolvency law; 6. Looking for patterns; 7. Avenues for reform.

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Book SynopsisDrawing from a December 2013 Hoover Institution conference on NAFTA at 20, this book brings together distinguished academics who have studied the effects of NAFTA with high-level policy makers to present a comprehensive view of the North American Free Trade Agreement. It looks at the conception, creation, outcomes so far, and the future of NAFTA from the perspective of economists, historians, and policy makers.

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Book SynopsisThe Sixth Edition of Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 600 pages, this compact book is ideal for a one-semester course. One Volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume. Covers Systemic Issues First. Transnational Business Problems considers systemic issues first. Four introductory chapters discuss the role of the international lawyer, the resolution of international disputes, the relationship between international and domestic law, the extraterritorial reach of domestic law, and corporate social responsibility. Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, concession agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract. Sophistication. The book uses primary source materials—draft contracts, statutes, regulations, treaties, cases, and arbitral awards—that allow students, with help from the text, to work through issues in a realistic way. The book goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt. Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, the Andean Community, Mexico, and Brazil. Materials from other parts of the world are included in the introductory chapters. Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster's International Transactions and evolved into Henry Steiner and Detlev Vagts's Transnational Legal Problems. The book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process. Fully Updated. The Sixth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2019. The introductory chapters and many of the problems have been substantially revised. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.

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