Public international law: economic and trade Books

Book SynopsisInternational courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such ''unseen actors'' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors'' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify ''best practices'' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribuTrade Review'Professor Baetens has brought a fascinating new perspective to the study of international law, looking at the role of unseen actors in various areas. While unseen, these actors are certainly not unimportant for the effective functioning of their respective institutions, and the discharge of their duties benefits parties, States and the rule of law. This volume demonstrates how the many unseen actors contribute to making international adjudication efficient and effective, and is a fresh approach to the study of international adjudication.' Meg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes'Freya Baetens has put together a stellar collection of contributions highlighting the role of multiple actors involved in the work of international courts and tribunals. Some are visible, others are less visible. Some are directly involved in the litigation process, others are involved in a more indirect manner. This lifting of the stage curtains also places a welcome spotlight on issues concerning legitimacy, neutrality or transparency.' Laurence Boisson de Chazournes, University of Geneva, and Director of the LL.M. in International Dispute Settlement (MIDS)'This book not only has the merit of exploring areas of international adjudication to which little attention has been paid to date, it also brings together an impressive array of experiences, information and insights from leading practitioners and researchers on essential aspects of the functioning of international courts and tribunals. By shining a light on the 'unseen actors' in international adjudication, this work is a welcome and ground-breaking contribution to reflection on the role and responsibilities of these auxiliaires de justice in the sound administration of international justice.' Philippe Couvreur, Registrar, International Court Of Justice'Finally, the missing piece of the puzzle! There have been numerous books on international judges, prosecutors and the so-called international bar, but rarely has scholarship focused on the unexplored world of the people who keep the lights of international adjudication on. This is a must-read for anyone who wants to understand how international adjudication actually works, in reality.' Cesare Romano, Loyola University Chicago, Los Angeles'There are few works of international legal scholarship which shine the spotlight on the important 'hinterland' of international legal adjudication – namely, the work of registries, secretariats, appointing authorities and others, which both enables and shapes international adjudication in typically unseen ways. In this volume, an impressive range of experienced and expert authors is marshalled to do just that, and to provide their perspectives on the nature, significance and, indeed, legitimacy of the work of such professionals. This will be of great interest and value to those working on international tribunals across a range of disciplines.' Andrew Lang, Chair in International Law and Global Governance, University of Edinburgh'My advice to every practitioner of international law, to every advocate before an international tribunal, and to every State or private party to an international dispute is: read this book! Legitimacy of Unseen Actors in International Adjudication is a fascinating and well-researched study of how courts and tribunals actually function, the importance of court personnel and other behind-the-scenes actors, and the impacts they can have on outcomes. No international advocate, no matter how experienced, should step into court again without having read it.' Paul Reichler, Partner, Foley Hoag LLPTable of Contents1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication Freya Baetens; Part I. Institutional Perspectives: 2. The International Court of Justice Nathalie Wiles; 3. The International Tribunal for the Law of the Sea Philippe Gautier; 4. International arbitral institutions Bridie Mcasey; 5. The World Trade Organization Daniel Baker and Gabrielle Marceau; 6. The International Criminal Court Philipp Ambach; 7. The European Court of Human Rights Peter Kempees and Ledi Bianku; 8. The Court of Justice of the European Union Caroline Heeren; Part II. Nomination and Appointment: 9. Gatekeeper secretariats Kathleen Claussen; 10. Appointing authorities: self-appointment, party appointment and non-appointment Peter Tzeng; 11. Before the law: assessing the process and impact of judicial screening bodies Brian Mcgarry and Josef Ostřanský; Part III. Case Management and Deference to the Bench: 12. The essence of adjudication: legitimacy of case managers in international arbitration Christine Sim; 13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? Giacomo Marchisio; 14. Will an investment court be a better fact-finder? The case of expert evidence Matthew W. Swinehart; 15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy Leigh Swigart; 16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication Marie-Catherine Petersmann; Part IV. Confidentiality and Transparency: 17. The politics of invisibility: why are international legal bureaucrats obscured from view? Tommaso Soave; 18. Unseen actors as unseen experts: ghosts in international adjudication Guillaume Yvan Jean Gros; 19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration Ksenia Polonskaya; 20. Identifying the voices of unseen actors in investor-state dispute settlement Damien Charlotin; Part V. Ethics and Accountability: 21. Physicians' impact on the legitimacy of the International Criminal Court Giovanna Maria Frisso; 22. Screening powers in investment arbitration: questions of legal change and legitimacy Relja Radović; 23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals Marko Divac Öberg; 24. The référendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals Gillian Cahill; Part VI. External Influences and Activities: 25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication Catherine H. Gibson; 26. The legitimacy of private lawyers representing states before international tribunals Andreas R. Ziegler and Kabre R. Jonathan; 27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement Pietro Ortolani; 28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? Hannes Lenk.

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Book SynopsisThis open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance.Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level.Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy.As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

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Book SynopsisSince Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate.Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a European Transnational Private Law through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.

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Book SynopsisThis book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law. Traditionally, EU public procurement law focused on ‘how to buy’, dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services. Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator’s move towards regulating ‘what to buy’. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal. The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt. This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.Table of ContentsPart 1: Foundations of the Paradigm Shift - Towards Mandatory Sustainability Requirements in EU Public Procurement 1. Shifting Towards Mandatory Sustainability Requirements in EU Public Procurement Law: Context, Relevance and a Typology, Willem Janssen (Utrecht University, the Netherlands) 2. Climate Change and Public Procurement: Are We Shifting the Legal Discourse? Marta Andhov (University of Copenhagen, Denmark) and Federica Muscaritoli (University of Copenhagen, Denmark) 3. Subsidiarity Lost Along the Way? EU Public Procurement Legislation on the Road to Sustainability, Ton van den Brink (Utrecht University, the Netherlands) 4. Mandatory Requirements in Sustainable Public Procurement: The Economic Perspective, Enrique Carreras (University of Turin, Italy) and Davide Vannoni (University of Torino, Italy) 5. Coercive, Mimetic and Normative Influences on the Uptake of Sustainable Public Procurement: An Institutional Perspective, Fredo Schotanus (Utrecht University, the Netherlands) and Ruben Nicolas (Utrecht University, the Netherlands) 6. Regulating the Producer Instead of the Procurer – The EU Sustainable Products Initiative and Extended Producer Responsibility as Ways to Foster the Transition to a Circular Economy, Chris Backes (Utrecht University, the Netherlands) and Marlon Boeve (Utrecht University, the Netherlands) Part 2: Sectoral Scrutiny – Mandatory Sustainability Requirements in Current and Future EU (Sectoral) Regulation 7. Charge of the Light Brigade? The Clean Vehicles Directive and the Batteries Regulation, Abby Semple (Greenville Procurement Partners, Ireland) 8. Food: Mandatory EU Public Procurement Criteria for Food after the Farm to Fork Strategy, Hanna Schebesta (Wageningen University, the Netherlands) and Maria José Plana Casado (Wageningen University, the Netherlands) 9. Textiles and Clothing: Mandatory Social Requirements as the Way Forward? Malgorzata Koszewska (Lodz University of Technology, Poland) and Jeanne Svensky Ligte (Lodz University of Technology, Poland) 10. Transforming the Construction Sector Through Minimum Requirements, Dorothy Gruyaert (KU Leuven, Belgium) and Veerle Pissierssens (Lawyer, Belgium) Part 3: Member State Experiences – Mandatory Sustainability Requirements on the Member State Level 11. Italy: Leading the Way Towards Mandatory Sustainable Public Procurement through Minimum Environmental Criteria, Guilia Botta (University of Milan, Italy) 12. The Netherlands: Obligations to Justify the Lowest Price and to Create as Much Societal Value as Possible, Paul Heijnsbroek (Straatman Koster, the Netherlands) 13. Spain: Transitioning Towards Sustainable Public Procurement Mandatory Requirements, Ximena Lazo Vitoria (University of Alcalá, Spain) Part 4: Future Perspectives – The Future of Sustainable Public Procurement 14. Mandatory Requirements in Public Procurement Law: The Role of Remedies, Courts and Public Interest Litigation, François Lichère (University of Jean Moulin Lyon 3, France) and Oriane Sulpice (University Lumière Lyon 2, France) 15. Collective Reflections on the Future of Mandatory Sustainable Public Procurement, Roberto Caranta (University of Turin, Italy) and Willem Janssen (Utrecht University, the Netherlands)

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Book SynopsisThis book is the first comprehensive study of the interplay between the cutting-edge regulation of financial infrastructure and international economic integration. It tackles a series of important questions: How does the regulation of central counterparties interact with international economic law? Is the WTO able to deal with the regulatory diversity of each country's financial rulebook? Do FTAs foster deeper integration of financial infrastructure services? Can competition law effectively tackle monopolisation and anti-competitive conduct in financial infrastructure? The book discusses how the liberalisation of financial market infrastructure is achieved within the most prominent international economic integration settings: the WTO, Economic Integration Agreements, and EU competition law. It explores whether a more harmonious relationship between financial regulation and economic integration is feasible, and how it can be achieved. The book demonstrates the existence of both structural barriers to trade and trade-facilitating tools that can impede and foster the further integration of financial market infrastructure. Measuring the depth of liberalisation of financial market infrastructure services in more than 120 FTAs, as well as surveying recent case law of the WTO, the Court of Justice of the European Union, and the practice of the European Commission, the book shows how the economic integration of financial market infrastructure occurs. An essential read for those seeking to understand how the cutting-edge regulation of financial market infrastructure and transnational systems of economic integration interact with one another.

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Book SynopsisThis collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field.The book is divided into 3 main parts on the UK, the EU, and the world and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations.The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

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Book SynopsisStephen Girvin is MPA Professor of Maritime Law and Director of the Centre for Maritime Law at the National University of Singapore.Vibe Ulfbeck is Professor of Private Law and Head of the CEPRI Research Centre at the University of Copenhagen, Denmark.

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Book SynopsisThe 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 legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.Many of the pioneering ideas that were advanced in the 1st edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this 5th edition captures the essence of the ongoing multiple reform processes, examines the recent trends in international investment law and arbitration, and highlights the major recent changes that have taken place in this area of law since the publication of the 4th edition of this book in 2020.

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Book SynopsisAmbitious and innovative, this important study offers a fresh perspective on the normative framework of the EU's internal market.The book explores the place of the ideals of private autonomy in the EU's legal order. Indeed, it goes further to explore the parameters of their protection within both its legal and regulatory framework. Looking at the coexistence of, and interaction between, varying expressions of private autonomy, it offers a comprehensive review of the protection of private autonomy at the normative core of the internal market. The book also explores the layers of limitations and conditions imposed on the exercise of private autonomy that generate legal tensions and conflicting forces.In addition to plotting a systematic approach to the question, the book introduces a new framework for better understanding the correlation between the free movement and competition law regimes and the fundamental economic rights protected in the Charter.

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Book SynopsisPratyush Nath Upreti is Senior Lecturer in Intellectual Property Law at Queen's University Belfast, UK.

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Book SynopsisExplores the increasing marketisation of framework agreements in UK public procurement and proposes ways to halt this trend.

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Book SynopsisIn the face of the rising demand for renewables and the volatility of energy prices, Power Purchase Agreements (PPAs) are the key driver of the energy transition. PPAs provide a way for generators to finance their projects and for buyers to get price and quantity certainty over a defined period of time. Based on Dr. Guy Block’s 35 years of experience in energy projects, this book provides: I. An analysis of legal and bankability risks typically found in the development of renewable power projects; II. An analysis of the protection of PPAs as an investment under the International Centre for Settlement of Investment Disputes (ICSID) jurisdictions; III. A worldwide review of PPAs standard clauses in Europe, Africa, America and Asia. Constituting an essential resource for anyone involved in the negotiation or drafting of PPAs, this book is intended for all practitioners, project developers and promoters, engineers, investment and private banks and public authorities involved in the development of renewable energy projects.

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Book SynopsisThe application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.Trade Review...the book represents throughout an admirable undertaking of examining the burning issues of state contracts today in the context of both contract and treaty claims. The author has provided in his discussion analytical and critical insights into those issues in such an engaged manner that makes the book distinctive. Serious scholars of international law (both private and public) with an interest in state contracts and arbitration will find the book enormously valuable. -- A. F. M. Maniruzzaman * Banking and Finance Law Review, Volume 28 *...a clearly written and interesting contribution to the ongoing debate about the nature, role and future of investment arbitration. -- Kaj Hobér * Global Arbitration Review, Volume 7, Issue 1 *Table of Contents1. Introduction 1.1 The Topic 1.2 Approach—International Law as 'Process' 1.3 Arbitral Practice as a Source of Law 1.4 Interpretation—Applied and Constructed Ratio 1.5 Materials 2. History and Development—A Hybrid Genealogy 2.1 Introduction 2.2 Investment Protection under Classical International Law—The Doctrine of Diplomatic Protection 2.3 Mixed Claims Commissions 2.4 Internationalised Commercial Arbitration 2.5 Convergence of Practices—Showing the Way to Contemporary 'Investment Treaty Arbitration' 3. A Theoretical Discourse—Conceptualising the Applicability of International Law to State Contracts 3.1 International Law and State Contracts—Challenging Traditional Doctrine 3.2 The Concept of Internationalisation 3.3 Conflicting Perspectives of International Law 3.4 The Applicability of International Law to State Contracts—A Reconceptualisation 3.5 The Authority of Arbitral Tribunals to Apply International Law 4. Procedural Aspects—Jurisdiction and Enforceability 4.1 Introduction 4.2 International Commercial Arbitration—Detaching Arbitral Authority from Municipal Law 4.3 Jurisdiction and Enforcement under the ICSID Convention 4.4 Investment Treaty Jurisdiction over Contract Claims 4.5 Overlapping Jurisdictions—Contractual Jurisdiction Clauses and Investment Treaty Jurisdiction 5. Substantive Principles Applicable to Contract Claims—The Concept of 'Legitimate Expectations' 5.1 Introduction 5.2 Contract Claims and the 'Expropriation Standard' 5.3 Umbrella Clauses—Elevating Contract Claims into Treaty Claims 5.4 Protection of Legitimate Expectations under the Fair and Equitable Treatment Standard 5.5 Customary International Law—The Internationalised Contract and Protection of Acquired Rights 5.6 The Compensation Standard 6. Contractual Restriction of Public Powers 6.1 Sovereignty and Commitment 6.2 The Notion of Sovereignty 6.3 Permanent Sovereignty and the Right to Expropriate Foreign Investment 6.4 'Police Powers' and Protection of Legitimate Expectations 6.5 Reserved Powers as a Principle of Interpretation 7. Summary and Final Comments 7.1 Introduction 7.2 The International Legal Process of Contract Claims—Summary of Chapters 2, 3 and 4 7.3 Substantive Law and Teleology—Summary of Chapters 5 and 6 7.4 A Concluding Comment

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Book SynopsisThe book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.Trade ReviewRegardless of whether one agrees or disagrees with this finding and the underlying reasoning, the author first of all deserves credit for suggesting a well argued uniform set-off rule for international arbitration. ...the book will certainly serve as a thorough and reliable overview of certain jurisdictions as regards their approach to set-off and as a practical guide for arbitration practitioners to finding and supporting legal arguments to establish the best applicable set-off rule in a cross-border context. The author's clear diction and ability to take the reader by the hand makes Set-off Defences in International Commercial Arbitration an accessible and seizable topic on only 228 pages. Dr. Philipp K. Wagner Schieds VZ 2012, Heft 2Table of ContentsIntroduction 1 Key Aspects of Set-off I Definition II Significance and Functions of Set-off III Significance of Set-off in Modern Business Life IV Modern Problems with Set-off V Terminology 2 Set-off in a Comparative Survey I Incipiencies: Roman Law II Set-off in the Romanic Legal Systems III Set-off in the Germanic Legal Systems IV Set-off in England and English-based Jurisdictions V Comparative Analysis 3 Set-off in the Conflict of Laws 1 I. Determination of the Applicable Law in International Arbitration II Law-determination for Set-off in Classic Conflict of Laws III Criteria for a Suitable Rule to Determine the Law Applicable to a Set-off in International Arbitration IV Discussion of Classic Choice-of-Law Rules With Regard to Set-off V Other Choice-of-Law Solutions in International Arbitration VI Summary 4 Conclusions 5 Final Summary

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Book SynopsisThe EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.Table of ContentsI. Introduction 2. The EFTA Court’s Early Days 3. The Style of the EFTA Court 4. European Courts in Dialogue 5. The Advocates General and the EFTA Court 6. The Immoral Choice—How Judges Participate in the Transformation of Rule of Law to Legal Evil 7. The Content of Requests for Preliminary Rulings to the European Court of Justice and the EFTA Court—What are the Minimum Requirements? 8. Practical Issues Regarding the Application of EEA Law through the Eyes of a National Judge 9. ‘To Refer or Not to Refer?’ 10. ‘To Refer or Not to Refer?’ Confession of a National Judge 11. Efficient Judicial Protection of EEA Rights in the EFTA Pillar—Different Role for the National Judge? 12. The Norwegian Experience of the EEA Judiciary 13. The Role of Individual Lawyers in EEA Law 14. Reciprocity, Homogeneity and Loyal Cooperation: Dealing with Recalcitrant National Courts? 15. Preliminary Rulings in the EEA—Bridging (Institutional) Homogeneity and Procedural Autonomy by Exchange of Information 16. European Integration 17. Free Movement of People and the European Economic Area 18. ‘Shall be Made Part of the Internal Legal Order’: The Legislative Approaches 19. Climate Change Law and Policy in the EEA—A View from the General Court 20. Homogeneity or Renationalisation in the European Judicial Area? Comments on a Recent Judgment of the Norwegian Supreme Court 21. General Principles 22. Fundamental Rights in EEA Law 23. Uncharted Waters: Reflections on the Legal Significance of the Charter under EEA Law and Judicial Cross-Fertilisation in the Field of Fundamental Rights 24. The Essentials 25. Judicial Protection in the EEA EFTA States—Direct Effect of EEA Law Revisited 26. The EFTA Court and the Principle of State Liability: Protecting the Jewel in the Crown 27. Fine-tuning Transparency 28. The Free Movement of Goods in EEA Law: The Philip Morris Norway, Commission v Italy and Mickelsson and Roos Cases 29. The EFTA Court—A Court of Business Law? 30. Icesave—Limited Homogeneity and Unlimited Judicial Interpretation 31. Standard of Review in Competition Law Cases: Posten Norge and Beyond 32. Third Party Access to File in Competition Cases 33. To Tax or Not to Tax: Reflections on the Case Law of the EFTA Court 34. The EEA Joint Committee—A Political Assessment 35. The EEA Surveillance Mechanism 36. The EFTA Surveillance Authority and the Surveillance of the EEA Agreement 37. The EFTA Secretariat: Steward of the EEA 38. EEA Law, Unexpected Success: A Japanese Perspective 39. EU Law, EEA Law and International Law—The Myth of Supranational Law and Its Implications for International Law 40. A Look at the EEA from Switzerland

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Book SynopsisSince it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.Trade ReviewThe text of this important book is lucid and the interesting analysis - political, economic and legal - is clearly stated. The citations of legal and economic literature are well chosen. Professor Amato's perceptive thoughts on the differences between US and EC competition law and their philosophical development are warmly welcomed. Valentine Korah European Competition Law Review September 2002 ... this book is in my view essential reading for anybody interested in antitrust practice and policy Damien J. Neven Journal of World Trade Law September 2002 The book is well written and develops a number of challenging ideas in an accessible way...Its major strength is in the depth of the research and the copious references...As a concise history of antitrust laws, the book is indispensable. The ideas which it develops are challenging and serve as a valuable balance to the mass of economic analysis which purports to explain antitrust. Angus MacCulloch The Modern Law Review Vol 62, 1999Table of ContentsAntitrust - introduction; on the surface - the technical profiles; in the foundations - the dilemma of liberal democracy. Part 1 Technical profiles - the USA: protection of competition or of freedom or contract - from the common law to the Sherman Act, early years of the Sherman Act, prohibitions to protect market pluralism increase; today's subtle weapons - the Chicago School, evolution in the Supreme Court, trends in recent cases, the present position in summary. Part 2 Technical profiles - Europe: the heritage of history - Europe's industrial culture, the Freiburger Ordoliberalen School, early development of antitrust laws, antitrust in the European Community; "restrictive" agreements - the normative machinery, vertical agreements, horizontal agreements; abuse of a dominant position - "special responsibility", assessment of "dominant position", abuse as an "objective concept", individual types of abuse, in conclusion; prohibitions of dominant position - mergers - the ban and its limits, antitrust against public monopolies. Part 3 Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets - what remains?; the dilemma of liberal democracy - the dilemma of liberal democracy within the dilemma of efficiency, towards autonomy of European antitrust from other common policies, the global market and tomorrow's antitrust.

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Book SynopsisThis book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field.While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.Table of ContentsIntroduction.- Plethora of Comparative Studies.- EU Conceptual Framework of Harmonisation: Setting the Scene.- Development of EU Competition Law Enforcement from an Historical Perspective: A Call for Harmonisation from the EU.- Institutional Framework of the National Competition Authorities in the Central and Eastern European Countries.- Harmonisation of Public Enforcement: Basic Powers of the National Competition Authorities, Sanctions, and Leniency Policies.- Harmonisation of Private Enforcement in the Central and Eastern European Countries.

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Book SynopsisThis open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.Table of ContentsScope and objective of this report.- Why investment arbitration and not domestic courts? The origins of the modern investment dispute resolution system, criticism, and future outlook.- The interplay between investor-state arbitration and domestic courts in the existing IIA framework.- The path to reform of ISDS: What role for national courts?.- Conclusions and recommendations.

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Book SynopsisThis open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.Table of ContentsIntroduction.- Part I – The System of Governance of Insurance Undertakings.- Corporate Governance and the so-called “Four-Eyes Principle” .- The Risk Management System, the Risk Culture, and the Duties of the Insurers' Directors.- Role and Significance of the Compliance Function in an Insurance Undertaking.- Insurance Outsourcing: A Legal Analysis.- Remuneration Policies of Insurance Undertakings in Europe: Principles for a deeply Heterogeneus Reality.- Corporate Governance Standards for Insurers in Singapore.- Part II – Insurance Business and Corporate Law.- Recovery and Resolution of Insurance Companies and Director’s Duties.- Restructuring, Winding-Up & Portfolio Transfer of Insurance Companies in Distress.- Insurance in M&A Transactions.- The Algorithmic Future of Insurance Supervision in the EU: A Reality Check.- Financial Reporting in Insurance and International Financial Reporting Standards.- Recent Directions in the Regulation of Insurance Claims Handling in the United Kingdom and Australia: A Model for other Jurisdictions to Consider?.- Business Registration Data as the Best Vehicle to Achieve KYC and AML for Business .- The Influence of Public and Corporate Insurance Law on the Application of Private International Law. Selected Issues.

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Book SynopsisNew Directions in Digitalisation: An Introduction.- Part I: The Competition Dimension.- Licence to Regulate: Article 114 TFEU as Choice of Legal Basis in the Digital Single Market.- The Objectives of Regulating the Digital Economy indicate that there is a right to data in the Digital Markets Act with direct effect and applicability.- EU Digital Competition Law: Starting from Scratch.- Enough of fairness: pre-emption and the DMA.- The Power to carry out Dawn Raids under the Digital Markets Act Nothing more than a Scarecrow?.- Part II: The Fundamental Rights Dimension.- The Interaction between Free Movement and Fundamental Rights in the (Digital) Internal Market.- A reading of the Digital Markets Act in the light of fundamental rights.- Enhancing Autonomy of Online Users in the Digital Markets Act.- The Digital Markets Act and the Principle of Ne bis in idem: A Revolution in the Enforcement of EU Competition Law?.- Between Online and Offline Due Process: the Digital Services Act.- A new Framework for Limitation of Fundamental Rights in EU law?.- Part III: Future Directions in Digitalisation.- Digital constitutionalism, EU digital sovereignty ambitions and the role of the European Declaration on digital rights.- Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union.

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Book SynopsisIntroduction: The EU-China Comprehensive Agreement on Investment and a Thorny Path towards Investment Liberalization.- Part I Geopolitical Origins and Negotiations of the EU-China Comprehensive Agreement on Investment.- The Political Economy of the EU-China Comprehensive Agreement on Investment: Balancing the European Union's Economic Interests.- The Political Economy of China and the EU-China Comprehensive Agreement on Investment.- The European Union and China: In Search of Positioning and Exercising Normative Power in the Comprehensive Agreement on Investment.- Part II: EU-China Comprehensive Agreement on Investment: Substantive Issues.- Pre-Entry National Treatment in EU-China Comprehensive Agreement on Investment - An Open Sesame to the Chinese Market?.- The Disciplines of State-Owned Enterprises in the China-EU Comprehensive Agreement on Investment: Assessment, Implications and Directions.- The EU-China Comprehensive Agreement on Investment: Disciplining Competition Law Enforcement in China?.- Intellectual Property Dimension of the EU-China Comprehensive Agreement on Investment: The EU Approach against Non-Market-Mediated International Technology Transfer.- Regulating Subsidies in the EU-China Comprehensive Agreement on Investment: Implications for Global Subsidies Reform.- Disputing Personal Data in the EU-China Comprehensive Agreement on Investment.- Part III: EU-China Comprehensive Agreement on Investment: Procedural Issues.- The Future of Investor-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment.- A New Dish of CAI for State-to-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment.- Never Fear to Negotiate: Options for Non-Adversarial Dispute Resolution in the EU-China Comprehensive Agreement on Investment.

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Book Synopsis1. Introduction to the crossroads of competition and energy regulation. Beyond market power.- Part I The Energy Sector Regulation: The European Union Perspective.- 2. European energy market evolution.- 3. Energy sector specific regulation.- 4. Europe's Journey to Carbon Neutrality: Pioneering a Continent without Emissions.- Part Ii. The Prohibited Agreements And Abuse Of Dominant Position In The Energy Sector.- 5. The concept and forms of prohibited agreements.- 6. Horizontal agreements in the development of energy projects.- 7. Vertical agreements.- 8. Market restrictions created by the abuse of dominant position.- Part III. Mergers And Acquisitions In Energy Sector.- 9. Concept, forms and evaluation of concentration.- 10. Forms of concentration in the energy sector.- Part Iv. State Aid And Market Liberalisation.- 11. The concept of State aid and its application criteria.- 12.State aid form and practice in the field of energy.- Part V. Exclusive, Special Rights And Services Of General Economic Interest.- 13. Public services in the modern economy: the evolution and future.- Part Vi. Competition Implementation In Energy Sector: International Outlook.- 14. Enforcement of competition law in the energy sector in accordance with the WTO.- 15. Organization of Petroleum Exporting Countries and competition law issues.- 16. The Energy Charter Treaty.- 17. Competition law application in nuclear energy sector.- VII. Conclusions.- 18. Concluding remarks.

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Book SynopsisIntroduction to the Nexus of Digital Trade and Data Privacy.- International Trade in a Global Digital Economy.- The Emergence of Digital Trade Regulation.- Data Protection and Data Protectionism in International Trade.- Mitigating the Data Privacy Collision in Digital Trade.- Towards Reconciling Digital Trade and Data Privacy.

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Book SynopsisIntroduction.- Part I: WTO Law: An Impediment to the Implementation of the UN SDGs.- The Lack of Trade-Related Sustainable Development Commitments in WTO Law.- WTO Law's Constraints on National Regulation.- Part II: Reconciling WTO Law with the United Nations Sustainable Development Goals.- The Sustainability Test.- Balancing Sustainability Elements.- Part III: Integrating Sustainability into WTO Law.- The Constitutionalisation of the WTO: An Ideal Methodology.- Progress in Embedding Sustainability into WTO Rules.- The Sustainable Development Club: A Practical Approach.- Potential Trade Rules and Policies of the Sustainable Development Club.- Suggestions for the Next Steps.- Conclusion.

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Book SynopsisPART I: THE ROLE OF THE ICC AND INSURANCE AND INTERNATIONAL TRADE.- The Role and Importance of the International Chamber of Commerce (ICC) and Incoterms in International Trade.- The Role and Importance of Insurance in International Trade.- PART II: INSURANCE OF CONTRACTS WHICH EXCLUDE SELLERS' OBLIGATIONS TO PROVIDE INSURANCE FOR THE SELLER.- The Nature and Characteristics of the Contracts.- Insurance of Contracts which exclude Sellers' Obligations to provide insurance for the Buyer at Common Law.- Insurance of Contracts which exclude Sellers Obligations to provide insurance to the Buyer under Incoterms.- PART III: INSURANCE OF CONTRACTS WHICH INCLUDE SELLERS OBLIGATIONS TO PROVIDE INSURANCE TO THE BUYER.- The Nature and Characteristics of the Contracts.- Contracts which Include Seller's Obligations to Insure at Common Law.- Insurance of Contracts Which Include Sellers Obligations to Insure under Incoterms.- PART IV. FOB-CIF WAR RISKS AND OTHER INSURANCE CONSIDERATIONS.- Insurance of War, Terrorism and Piracy Risks.- Other Insurance Avenues and Considerations.- Tender of Documents under Common Law and UCP.- PART V: DISPUTE SETTLEMENT, CLAIMS AND CONCLUDING REMARK.- Conflict of Laws.- Claims and Settlement.- Concluding remarks.

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Book Synopsis1 Introduction.- 2 Existing Landscape of International Climate Law.- 3 Exploring Alternative Governance Structures for Climate Cooperation.- 4 Climate Club.- 5 The Role of Linkages in Strengthening Climate Clubs.- 6 Legality of the Climate Club Scheme.- 7 Navigating Non-Discrimination in Climate Club Policies.- 8 Epilogue.

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Book SynopsisDistinguished Essay, by Ernst-Ulrich Petersmann.- Part I – Moving Towards Integration: Trade: Sustainable Development Within the Context of International Trade Law by Ilke Göçmen.- Technology Transfer Under the TRIPS Agreement: A Comeback to Address Global Crises by Francisco Hernandez Fernandez.- Taking on a Life of Its Own? The Dynamic Institutional Architecture of the New Generation Trade Agreements of the EU by Sophia Paulini.- Human Rights and Global Supply Chains: European Trends and Developments by Giesela Rühl.- Trade Prohibitions on Forced-Labour Products: A First Assessment of the Forthcoming EU’s Forced Labour Regulation by Valentina Grado.- Fundamental Economic Rights and the Market Access Constitution of the EU Internal Market by Rufat Babayev.- The EU ‘Governance through Trade’ Regulatory Model for the Sustainable Production and Consumption of Deforestation-Risk Commodities (DRCs): The EU Deforestation Regulation (EUDR) and the Issues at Stake in its Implementation Stage by Concetta Maria Pontecorvo.- Policy Coherence for Development in the EU's Multidimensional Toolbox Against Deforestation: Unilateral, Bilateral and Multilateral Efforts by Saide Esra Akdogan and Francesco Cazzini.- ‘‘Alcohol Causes Cancer”: Objections to an Irish Labelling Law Reopen Old Debates About Trade and Non-Trade Issues and New Debates About Interaction of WTO and EU Law by Benn McGrady and Elisabet Ruiz Cairó.- The Quest of Balancing Data Regulatory Autonomy and International Commitments – Assessing the Impact of the General Agreement on Trade in Services and European Union – Vietnam Free Trade Agreement on Vietnam by Ngo Nguyen Thao Vy and Nguyen Xuan My Hien.- Short-Circuiting Technological Sovereignty? Assessing the Governance of Semiconductor Supply Chain (Chokepoints) Through the Lens of Emerging Export Control Regimes by Anh Nguyen.- Part II – Moving Towards Integration: Investment: The Legalisation of Corporate Social Responsibility in International Investment Agreements by Beichen Ding.- The Development of EU Investment Protection Policy “through” the Member States – Challenges and Opportunities for the EU by Eleftheria Asimakopoulou.- Third-Party Claims Before the Multilateral Investment Court: Enhancing Third-Party Rights in Investment Treaty Arbitration by Zamira Xhaferri and Jesús Robles.- Fortiter In Re, Suaviter In Modo? – Are Legality Clauses the Better Investor Obligations in International Investment Agreements? by Christian Daniel Hein.- Investors' Human Rights Obligations under International Investment Law – Current Practice by Huyen Doan.- The Right to Regulate in Environmental Protection – Insights From the EU-Vietnam Investment Protection Agreement and Implications for Vietnam by Nguyen Thi Lan Huong.- Worlds Apart: The Fairness Dimension of Securitisation Narratives in the Climate Change and Foreign Investment Context by Zaker Ahmad.- Reassessing State Consent in Investment Arbitration Vis-À-Vis Security Issues by Alexandros Bakos and Gautam Mohanty.

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Book SynopsisIntroduction.- Consumer law and economics.- Online consumer manipulation – A law and economics analysis of personalized advertising.- Algorithmic pricing – A law and economics analysis of personalized pricing.- Signing-without-reading revisited – A law and economics analysis of personalized contracting.- Regulating personalized marketing – A policy perspective.- Conclusions and recommendations.

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Book SynopsisThis book describes the energy-law situation in Brazil. It focuses on three specific energy sectors: oil, natural gas and biofuel. The decision to concentrate on these areas takes into account the role that these energy sectors play in the economic, political and legal systems in Brazil, as well as the fact that they are the primary subjects of current discussions surrounding economic regulation in the country. The book, composed of thematic chapters authored by specialized legal researchers, analyzes the different aspects of the oil, gas and biofuels industry, starting with an introduction and technical points and followed by a discussion of the legal issues. It also considers the different legal areas used to examine the aforementioned energy sectors, such as regulatory law, environmental law, tax law, international law, among others. The book will serve as a valuable guide for researchers interested in understanding Brazilian energy law, and at the same it time presents the state of the art of studies carried out in Brazil.Table of ContentsPart I: Introduction: The Brazilian Scenario of the Oil, Gas and Biofuel Industry.- Part II: The Regulation of Oil and Gas Industry in Brazil.- Part III: The Regulation of Biofuels Industry in Brazil.- Part V: The Tax Law and the Brazilian Oil, Gas and Biofuels industry.- Part VII: International Law and the International Legal Aspects of Brazilian.

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Book SynopsisThis book is, with some adjustments and additions, largely based on my PhD thesis on Property Rights in Investment Securities and the Doctrine of Speci?city, which I defended in London on 15 June 2007 with Professor Lars Gorton and Dr. Kern Alexander as examiners. The subject matter is the doctrine of speci?city and its non-conformity with the developments in the ?nancial markets. As this book shows, the requirement for speci?city in book-entry securities is closely linked to loss allocation. If we decided that the rights that the investor has against its intermediary shall be property rights (as opposed to claims), then, loss allocation is crucial. Should the intermediary become insolvent and there be ins- ?cient securities, the shortfall has to be distributed. Through segregation on des- nated accounts the level of protection for the investor can be increased. It can also be increased by a requirement that the intermediary should hold a suf?cient number of securities corresponding to its customers' securities. During the course of this work I have received valuable assistance from s- eral persons, for which I am very grateful. First of all, I am indebted to Tekn. dr. Marcus Wallenbergs Stiftelse for .. utbildning i internationellt industriellt for .. etagande and For .. etagsjuridik Nord & Co for the ?nancial support they have provided.Table of ContentsThe New Order.- Developments of the Securities Markets.- The Use of Collateral in the Securities Markets.- Property Rights in Securities and the Doctrine of Specificity under English Law.- Property Rights in Securities and the Doctrine of Specificity under Swedish Law.- Property Rights in Securities and the Doctrine of Specificity under US Law.- Securities as Property.- Property Rights in Securities and the Doctrine of Specificity: A Comparative Analysis with an Outlook De Lege Ferenda.

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Book SynopsisThe book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.Table of ContentsFreedom in International Shipping.- Shipping as a Vital Service to World Trade.- The Sectors of Shipping.- Private Shipping Organisations.- The Interface with Governments: National and International.- Shipping Nationalism and Government Involvement.- Demise of Protectionism and Rise of Liberalisation.- Co-operation in Liner Shipping.- Development of Competition Policy and its Historical Evolution.- Maritime Governance.- Nationality and Registration of Ships: Concept and Practice.- Maritime Safety Standards: Compliance and Enforcement.- Maritime Security: Legal Framework in International Law.- Protection of the Marine Environment.- The Private Law of Marine Pollution.- Liability and Limitation of Liability.- Conclusion: The Current Milieu and Beyond.

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Book SynopsisIntroduction.- Depletion of Resources.- Waste Management.- Sovereignty.

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Book SynopsisSince its foundation in 1995, the World Trade Organization, with its extensive legal provisions, has been defining the world trade relations and also had an enormous impact on both European and national economic law. At the same time, the WTO is perceived within the political discussion as a symbol for the world trade relations as a whole, the challenges of globalization and justice of the world trade order. Due to the expansion, consolidation and the increased enforcement of its rules, the relevance of the World Trade Organization will continue to increase. This book describes the institutional system, the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structures and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.Table of ContentsList of Abbreviations Table of Cases Preface Introduction 1. History and Organizational Structure 2. Concepts and Legal Structure 3. Dispute Settlement 4. Trade in Goods 5. Non-Tariff Barriers to Trade 6. Fair Trade and Remedies – Anti-dumping, Subsidies and Government Procurement 7. Rules for Trade in Services 8. The Protection of Intellectual Property and the TRIPS 9. The WTO and Domestic Legal Systems 10. New Issues and Problem Areas Outline of Structure Index

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Book SynopsisTechnical standards are increasingly determining the development, production, trade in and marketing of goods and services. In order to ensure that technical regulations and product standards which vary from country to country do not create unnecessary obstacles to trade the Agreement on Technical Barriers to Trade was adopted during the Uruguay Round. It is paralleled by the Agreement on Sanitary and Phytosanitary Measures which sets out the basic rules on how governments can apply food safety as well as animal and plant health measures without, however, using them as an excuse for protecting domestic producers. Prominent decisions under the WTO Dispute Settlement have interpreted those provisions. This volume gives a detailed account of the necessary parameters for technical standards and measures seeking to protect health and environment. Included are commentaries on Articles III, XI and XX of GATT 1994 which are equally relevant in this context. The article by article commentaries draw from a considerable body of case law, the work by the TBT and SPS Committee and the relevant legal literature. Attention is given to substantive requirements as well as the necessary standard setting procedures. Apart from a thorough analysis of the relevant and most recent jurisprudence including the Biotech Panel Report the commentary seeks to give answers to newly emerging issues, such as special needs of developing countries. It is an indispensable tool for practitioners and academics working in this field of WTO law.Table of ContentsPreface to the Series; Preface to this Volume; List of Contributors; Table of Abbreviations and Acronyms; General Bibliography General Agreement on Tariffs and Trade 1994 Article III GATT (Hestermeyer); Article XI GATT (Wolfrum); Article XX GATT [Introduction] (Wolfrum); Article XX GATT [Chapeau] (Wolfrum); Article XX lit. a GATT (Wenzel); Article XX lit. b GATT (Stoll & Strack); Article XX lit. c GATT (Matz-Lück); Article XX lit. d GATT (Reyes-Knoche & Arend); Article XX lit. e GATT (Wenzel); Article XX lit. f GATT (Matz-Lück); Article XX lit. g GATT (Matz-Lück & Wolfrum); Article XX lit. h GATT (Matz-Lück); Article XX lit. i GATT (Matz-Lück); Article XX lit. j GATT (Matz-Lück) Agreement on Technical Barriers to Trade Preamble TBT (Koebele); Article 1 and Annex 1 TBT (Koebele); Article 2 TBT (Tamiotti) ; Article 3 TBT (Tamiotti); Article 4 und Annex 3 TBT (Koebele & LaFortune); Article 5 TBT (Muñoz) ; Article 6 TBT (Muñoz); Article 7 TBT (Muñoz); Article 8 TBT (Muñoz); Article 9 TBT (Koebele); Article 10 TBT (Koebele); Article 11 TBT (Krajewski); Article 12 TBT (Krajewski); Article 13 TBT (Bartels); Article 14 and Annex 2 TBT (Schorkopf); Article 15 TBT (Bartels) Agreement on the Application of Sanitary and Phytosanitary Measures Preamble SPS (Charnovitz); Article 1 and Annex A SPS (Charnovitz); Article 2 SPS (Seibert-Fohr); Article 3 SPS (Landwehr); Article 4 SPS (Landwehr); Article 5 SPS (Stoll & Strack); Article 6 SPS (Landwehr); Article 7 and Annex B SPS (Boeckenfoerde); Article 8 and Annex C SPS (Boeckenfoerde); Article 9 SPS (Seibert-Fohr); Article 10 SPS (Seibert-Fohr); Article 11 SPS (Schorkopf); Article 12 SPS (Röben); Article 13 SPS (Röben); Article 14 SPS (Röben); Index

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Book SynopsisThis book aims to contribute to the debate on global public goods, a debate which has been taking place for some time in the UN and the World Bank, among the regional development banks and bilaterally among states and donors. There is a need for new visions and strategies and to examine global infrastructure on the basis of the idea that global public goods, including human rights, contribute to cohesion at local, regional and international levels. The book investigates the possibilities and disadvantages of applying the idea of public goods in a global context. It explains the history of the concept and its significance for human rights. The authors include, in addition to academics, representatives from public institutions, civil society organizations, independent consultants, the media and the private sector.Table of ContentsPreface; Introduction Erik André Andersen and Birgit Lindsnæs; 1. Global public goods - concepts and definitions: The state and the citizen, Natural law as a public good Peter Wivel; Public goods, Concept, definition, and method Erik André Andersen and Birgit Lindsnæs; On human rights Lone Lindholt and Birgit Lindsnæs; The global and the regional outlook, How can global public goods be advanced from a human rights perspective?Birgit Lindsnæs2. Peace and security: Peace as a global public good Bjørn Møller; International institutions for preserving peace and security Erik André Andersen; The law of war Rikke Ishøy; The case of Bosnia and Herzegovina Erik André Andersen; 3. State and citizen, Is good governance a global public good? Hans-Otto Sano; Legal protection and the rule of law as a global public good Hans Henrik Brydensholt and Kristine Yigen; Curbing corruption: A global public good, The potential of international cooperation Kristine Yigen; Access to global public goods for socially and economically vulnerable groups Rie Odgaard and Kristine Yigen; 4. Access to information, The right to know Anders Jerichow; Internet access as a global public good Henrik Lindholt and Rikke Frank Jørgensen; Research, global public goods and welfare Peder Andersen; Education as a global public good Diego Bang; 5. examples of implementation, Health is global - and a moving target Poul Birch Eriksen, Ellen Bangsbo, Jens Kvorning, Lene Lange, Esben Sønderstrup, Uffe Torm and Ib Bygbjerg; (Fresh) water as a human right and a global public good Jannik Boesen and Poul Erik Lauridsen; The international trade system Christian Friis Bach; The global responsibility of private companies Henrik Brade Johansen, Helle Bank, Jørgensen and Jens Kvorning; 6. Conclusion, Problems and potentials in the application of global public goods Erik André Andersen, Peder Andersen and Birgit Lindsnæs; Appendices; Index.

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Book SynopsisThis book offers a new perspective in examining the key global economic organizations - the International Monetary Fund, the World Bank (and its regional counterparts), and the World Trade Organization. Aimed at ordinary informed readers, the text draws upon the author's many years of familiarity with these organizations to evaluate them from a legal and policy perspective, touching on issues of "mission creep," "democracy deficit," and more. The book depicts such issues as the central struggles in a "Global Development War" that is now being lost because of certain ideological and institutional failings that currently afflict the global institutions. That war can be won, the author asserts, only by adopting an ideology of liberal, intelligent, participatory, multilateral, and sustainable human development.Table of ContentsForeword and Synopsis; Chapter One: The Fourth World War; Chapter Two: A Cacophony of Criticisms — Attacking the Global Economic Organizations; Chapter Three: What Are the Global Economic Organizations?; Chapter Four: Battles Over the GEOs’ Policies and Operations; Chapter Five: Battles Over the GEOs’ Character, Control, and Reach; Chapter Six: The Current Front in the Global Development War — How (and Whether) to Reform the GEOs?; Selected Bibliography; Index; About the Author.

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Book SynopsisLatin American and Caribbean Trade Agreements: Keys to a Prosperous Community of the Americas is the essential reference guide for companies trading with Latin America and the Caribbean or wishing to use a country in the region as an export platform. This work fills the void in academic texts that are used to teach courses on economic integration in the Western Hemisphere. It provides a road map for the Obama Administration to launch an ambitious project designed to encourage economic growth, promote energy security, and reduce harmful greenhouse gas emissions, while at the same time realistically meeting the development needs of Latin America and the Caribbean. Latin American and Caribbean Trade Agreements: Keys to a Prosperous Community of the Americas posits that the myopic focus of past United States administrations on free markets to spur economic development in the Western Hemisphere is not enough. A bolder and more ambitious project that also seeks to redress many of the deep-seated problems that have long plagued the region is required. The Community of the Americas proposed in this book rests upon the important work that has already been done at the sub-regional level in terms of economic and political reform, identifying infrastructure and human capital needs, and regulating migration. It provides a new and cohesive vision for U.S. policy in Latin America and the Caribbean.Trade ReviewThis book won second place for best book published in the year before the annual meeting of the Inter-American Bar Association (2010).Table of ContentsAcknowledgments; About the Author; List of Abbreviations and Acronyms; Introduction Chapter 1: Early Attempts at Latin American and Caribbean Economic Integration; Chapter 2: Latin American Integration Association; Chapter 3: Origins, Current Status, and Future of MERCOSUR; Chapter 4: Institutional Framework of MERCOSUR and How the MERCOSUR Economic Integration Process Functions; Chapter 5: Foreign Investment Climate Within MERCOSUR and Business Opportunities; Chapter 6: Institutional Framework of the Andean Community and How the Andean Economic Integration Process Functions; Chapter 7: Foreign Investment Climate Within the Andean Community and Business Opportunities; Chapter 8: Central American Integration System; Chapter 9: The Caribbean Common Market and Community and the Organization of Eastern Caribbean States; Chapter 10: Rise and Fall of the Free Trade Area of the Americas; Chapter 11: Creating a Prosperous Community of the Americas; Table of Instruments; Bibliography ; Index.

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Book SynopsisThis is a new and substantially expanded edition of the author's 'Russian Commercial Law' (2001) which has become the standard resource in this area. Compared to the rather chaotic situation in the 1990s, the system of commercial law in Russia has stabilised in the 2000s. Blatant abuses have become less common with the Joint Stock Company Law amendments taking effect and the new Insolvency Law being enacted. The book represents a comprehensive and in-depth study of current Russian commercial law encompassing various areas, from Company law, Banking Law, Natural Resources Law to International Commercial Arbitration. A new chapter on Environmental Law was added in the light of its significance for major natural resources and infrastructure projects. With the expertise of the author who has been involved in Russian Law studies and practice for some decades, the book is intended both for practitioners who have dealings with Russia and for academics and students. Originally published in hardcover.Trade ReviewPraise for first edition: "...für jeden Juristen, der sich mit dem russischen Recht befasst, ob Einsteiger, Praktiker oder Wissenschaftler, bietet Russian Commercial Law von Hiroshi Oda eine empfehlenswerte Lektüre." – Dr.Hans Janus, in: WGO "...[i]t should be said that the book represents a much-needed and valiant attempt to explain to Anglophone readers a complex and confusing body of law." – Bernard Rudden, in: Electronic Journal of Comparative Law 7/1 (2003) "...Le volume qui nous est ici offert constitue, en réalité, la première étude globale portant sur la matière en langue anglaise. [...] Tout au long de son etude, l’auteur manifeste le même souci d’ordre, de précision et de clarté que dans ses travaux antérieurs, ainsi que la même volonté d’expliquer, au besoin par un bref rappel historique, les solutions du droit positif. Son mérite y est d’autant plus grande que, comme à l’accoutumée, il ne se contente pas d’exposer le droit «théorique», en se bornant à commenter les texts en vigueur, mais il cherche à montrer comment ce droit fonctionne en pratique et comment il est réellement mis en oeuvre. [...] Plus que toutes les manifestations de scepticisme, le regard serein et objectif que jette l’auteur sur la réalité contemporaine nous incite à garder confiance dans l’avenir." – Xavier Blanc-Jouvan, in: Revue Internationale de Droit ComparéTable of ContentsCHAPTER 1 – SOURCES OF LAW; CHAPTER 2 – THE SYSTEM OF SETTLING DISPUTES – INSTITUTIONS; CHAPTER 3 – BASIC PRINCIPLES AND RULES OF PRIVATE LAW; CHAPTER 4 – COMPANY LAW; CHAPTER 5 – INSOLVENCY LAW; CHAPTER 6 – GENERAL RULES OF THE LAW OF OBLIGATIONS; CHAPTER 7 – MEANS OF SECURING OBLIGATIONS; CHAPTER 8 – CONTRACT LAW; CHAPTER 9 – PROPERTY AND LAND LAW; CHAPTER 10 – TORT (OBLIGATIONS ARISING FROM CAUSING OF HARM) AND UNJUST ENRICHMENT; CHAPTER 11 – BANKING LAW; CHAPTER 12 – NATURAL RESOURCES LAW; CHAPTER 13 – ENVIRONMENTAL LAW; CHAPTER 14 – TAXATION; CHAPTER 15 – THE SYSTEM OF SETTLING DISPUTES – PROCEDURE; CHAPTER 16 – PRIVATE INTERNATIONAL LAW; INDEX.

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Book SynopsisThis book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian.Table of ContentsCONTENTS Preface Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R. Ziegler INSTITUTIONAL AND SUBSTANTIVE ISSUES IN EUROPEAN LAW Liberalization of Trade in Goods in the EEC: Origin and Early Evolution Federico Ortino The ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era Peter Hilpold Margin of Appreciation Revisited: The Balancing Pole of Multilevel Governance Meinhard Hilf and Tim René Salomon The Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals Nikos Lavranos National Judges and European Laws: A Comparative Constitutional Perspective Giuseppe Martinico Legal Pluralism in the EEA Legal Order: The EFTA Court’s Role in a Broader Institutional Context Ólafur Ísberg Hannesson Constructing a ‘We’: Collective Agency and the European Union Pedro Lomba Conflicts-Law Constitutionalism: Ambitions and Problems Christian Joerges Balancing Difference and Equality of Political Rights in the European Union – A Paradigm of Constitutional Pluralism Roland Bieber International Regulatory Policy and Democratic Accountability: The EU and the ACTA Marise Cremona Financial Liability of the EU for Violations of WTO Law – A Legislative Proposal Benefiting Innocent Bystanders Marco Bronckers and Sophie Goelen INSTITUTIONAL ISSUES IN WTO LAW Constitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals John H. Jackson Constitutional Perspectives on International Economic Law Peter-Tobias Stoll Sovereign Equality and Graduation in International Economic Law Thomas Cottier International Economic Law: Still the Ugly Duckling of Public International Law? Andreas R. Ziegler Justice is Coming (… From Behind Closed Doors: The WTO Judges) Petros C. Mavroidis Panel Requests: What’s The Problem? Gabrielle Marceau and Jennifer K. Hawkins Legal Aspects of the WTO-IMF Relationship Revisited Chien-Huei Wu Prof. Ernst-Ulrich Petersmann and the Work of the ILA Committee on International Trade Law (1993–2012) Frederick M. Abbott Still Going “Grey” After All These Years? Export-Restraint Agreements and the WTO Antonello Tancredi Filling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China Edwin Vermulst Nature and Status of WTO Accession Commitments: “WTO-Plus”Obligations and Their Relationship to Other Parts of the WTO Agreement Lothar Ehring Tobacco Products in WTO Law Lukasz Gruszczynski Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health Daniel Kraus The Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good Ilze Dubava Diplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990–1992) and Its Lessons Giorgio Sacerdoti WTO AND REGIONAL TRADING BLOCS Enforcement of the WTO ‘Regional Exceptions’: A Comparative Institutional Analysis Boris Rigod Regional Trade Agreements: ‘Stepping Stones’ or ‘Stumbling Blocks’of the WTO? Richard Senti State’s Access to Justice in a Multilevel Legal World: The Brazil Tyres Cases Revisited Stefan Staiger Schneider INSTITUTIONAL AND SUBSTANTIVE ISSUES IN INTERNATIONAL LAW Revisiting Sustainable Development in Light of General Principles of International Environmental Law Francesco Francioni Product Labelling 15 Years On: The Role of the Judiciary Arthur E. Appleton International Regulation and Control of the Production and Use of Chemicals “Revisited” Hans-Wolfgang Micklitz and Marco Rizzi Righting Socio-Economic Wrongs in Times of Financial and Economic Crisis Mary E. Footer The Right to Development within the International Economic Legal Order Christian Tietje The Right to Water: Effective Multi-Level Protection of a Multi-Faceted Human Right? – An Application of the Kadi and Medellin Approaches to the Case of the Right to Water Pierre Thielbörger Elusive Coherence in International Law and Institutions: The Labour – Trade Debate Friedl Weiss Consumer Labelling on Trial at the WTO: Misunderstanding the Behavioural Law and Economics of Consumer Information Robert Howse Selected List of Publications By E.-U. Petersmann (1972–2012)

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Book SynopsisForeign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.Table of ContentsTable of Contents Preface by Eric De Brabandere and Tarcisio Gazzini Contributor Biographies List of Cases Chapter One: Introduction by Graham Coop Chapter Two: FDI in the Energy Sector: Recent Trends and Policy Issues by Joachim Karl 1. The Importance of FDI in the Energy Sector 2. FDI-Related Policies in the Energy Sector 3. Reconciling Conflicting Interests of Host Countries and Foreign Investors in the Energy Sector 4. Concluding Remarks Chapter Three: Multiple Investment Regimes for Russian Subsoil Resources: Work in Progress or Utopia? by Andrey Konoplyanik List of Abbreviations 1. Introduction 2. Implementation of Subsoil Resource Investment Regimes Worldwide 3. Historical Development of Russian Subsoil Legislation (Including Variations with Respect to Petroleum Taxation) 4. Oil Tax Reform of Early 2000s: Administrative Simplicity vs. Economic Efficiency 5. Multiple Investment Regimes for Russian subsoil (Author’s Historical Proposal) 6. Vicious Circle 7. Which Way Forward Chapter Four: International Law and Foreign Investment in Hydroelectric Industry: A Multidimensional Analysis by Attila Tanzi 1. Introduction: A Multidimensional Analysis 2. On International Investment Law and Hydroelectric industry 3. On the Application of Human Rights Law to Hydro-Electric Industry and its Potential Impact on Foreign Investment in this Area 4. The Inter-State Dimension of Hydropower Projects and the Relevance Of International Water Law to Foreign Investment in this Sector 5. On Civil Liability Aspects for Harm Caused by Water Related Activities 6. Concluding Remarks Chapter Five: The Settlement of Investment Disputes in the Energy Sector by Eric De Brabandere 1. Introduction 2. Dispute Settlement in the Energy Sector: an Overview 3. Investor-State Dispute Settlement: The Problem of Parallel Proceedings and Overlapping Investment Protection Treaties 4. Conclusion Chapter Six: Energy Charter Treaty: Achievements, Challenges and Perspectives by Tarcisio Gazzini 1. Introduction 2. Preliminary Remarks on Some Specific Features of or Related to the ECT 3. Main Achievements of the Energy Charter Treaty 4. Main Difficulties of the Energy Charter Treaty 5. The Russian Decision Not to Ratify the ECT and its Consequences 6. The Future of the ECT and of the Energy Relations between the EU and the Russian Federation 7. The possible expansion of the ECT constituency 8. Concluding remarks Chapter Seven: The Tripartite Dimension of Conflicts of Interests Workers, Foreign Investors and Host States in the Energy Sector by Yannick Radi 1. Introduction 2. The Normative Background: Labour Rights and Standards in International Law 3. Labour Issues Raised in the Energy Sector: The Example of the Oil and Gas Sector 4. Labour Issues in the Energy Sector and International Investment Law 5. Conclusion Chapter Eight: Energy, Environment and Foreign Investment by Makane Moïse Mbengue and Deepak Raju Introduction 1. Understanding the Relationship 2. Environmental Regulation and Substantive Clauses in Investment Treaties 3. Environment Protection and Procedural Aspects of Investment Arbitration 4. Conclusions Chapter Nine: Foreign Investment in the Energy Sector and Indigenous Peoples’ Rights by Federico Lenzerini Introduction 1. Indigenous Peoples’ Rights vis-à-vis the Economic Exploitation of Their Ancestral Lands 2. Resolution of Disputes Concerning Foreign Investment in Indigenous Peoples’ Lands Conclusion: The Need to Balance Conflicting Values Chapter Ten: Foreign Investment in the Energy Sector and Public Health by Valentina Vadi Introduction 1. Energy and Public Health: Making the Connection 2. A Case Study: Vattenfall v. Germany 3. Conflicting Conceptualizations of International Investment Arbitration 4. Amidst Deference and De Novo Review Conclusion Chapter Eleven: Foreign Investment in the Energy Sector: Lessons for International Investment Law by Stephan W. Schill Introduction 1.International Energy Investments: Fragmented Or Integrated Investment Regimes? 2. Learning From International Energy Investment Law Conclusion

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Book SynopsisFor the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas’s interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities’ protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means). Of the 49 essays written by scholars and practitioners from different parts of the world six are in French.

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