Public international law: economic and trade Books

Book SynopsisLe contentieux de la mise en conformité dans le règlement des différends de l’O.M.C. offers an analysis of the unique design of the WTO dispute settlement system, which draws the implementation process into the sphere of adjudication. Le contentieux de la mise en conformité dans le règlement des différends de l'O.M.C. vise à démontrer la conception unique de la fonction juridictionnelle à l'O.M.C., de laquelle l'exécution des décisions rendues est une partie intégrante.

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Book SynopsisThe traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations. Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada.Table of ContentsContents Préface Vii Acknowledgements X List of Figures and Tables XII List of Contributors XIII part 1 - “L’ être situé” : Deconstruction of Universality 1 L’État situé dans le droit international de l’investissement 3 Shotaro Hamamoto 2 “ L’État situé” in the Context of the Accession of Developing Countries to the wto 23 Tomonori Mizushima 3 The Functional Approach in le droit international de développement: A Theoretical Appraisal 37 Zhian Wang 4 Emerging Economies and International Economic Law: A Case Study on Thailand 63 Sakda Thanitcul 5 Universal Jurisdiction in a Context: From Dialectic to Dialogue 89 Mari Takeuchi part 2 - Effectiveness: Formality of Law and Amorphous Reality 6 Running Many ftas is Like Balancing between Many Bicycles: A Multidimensional Comparison of Institutional Provisions in Japan’s ftas 115 Tomohiko Kobayashi 7 Provisional Measures in Investor-State Dispute Settlement: Reappearance of Community of Investment Interests? 144 Dai Tamada 8 New Relationship between the United Nations and Regional Organizations in Peace Security: A Case of the African Union 165 Hironobu Sakai part 3 - Law-Making: International Law Catching Up with the Globalizing Community 9 International and Domestic Laws in Collaboration: An Effective Means of Environmental Liability Regime-Making 193 Akiho Shibata 10 New Perspectives on Soft Law: Towards More Effective Regime Governance 214 Tatsuya Abe 11 The Defence of Necessity as Customary International Law: The Fisheries Jurisdiction Case (Spain v. Canada) Re-examined 238 Takuhei Yamada 12 Catching Up with Society – What, How, and Why: The Regulation of the un Security Council’s Targeted Sanctions 255 Machiko Kanetake Bibliography of Professor Ryuichi Ida (with abbreviations used in this book) 285 Index 296

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Book SynopsisThe first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world. With particular attention to ongoing major negotiations of bilateral and regional investment treaties, including the TPP, TTIP and China's BIT negotiations with the EU and USA, the collection is timely, thorough, and incisive. All readers with an interest in the latest developments in international investment law in general, and the Chinese foreign investment regime in particular, will find an indispensable new resource in this collection of essays from esteemed experts in the field. The volume originated from the "China and ICSID" International Workshop and Roundtable on International Investment Law and Arbitration, organized to commemorate the 20th anniversary of China's accession to the ICSID Convention.Trade Review"This book provides readers with an examination of Chinese international investment law–both inside and outside, both retrospective and prospective, both descriptive and constructive. Chinese investment law has been widely recognized as having increasing implications on international investment law as a whole, though it is too early to draw a definite conclusion as to the extent and nature of such implications. In some sense, it is this uncertainty that endows this book with a fantastic reading value." - ICSID Review "The book makes an important contribution to the recent literature on China’s role in the international investment law regime, which includes International Investment Law: A Chinese Perspective by Guiguo Wang (2014) and Chinese Investment Treaties: Policies and Practice by Wenhua Shan and Norah Gallagher (2009). It will be of use to students, academics, and practitioners alike in explaining China’s evolving participation in the international investment legal regime and likely future developments.” - Kate Apostolova and Lexi Menish, Freshfields Bruckhaus DeringerTable of ContentsPart I: Overarching Issues in International Investment Law Chapter 1. ICSID and International Investment Treaty Arbitration: Progress and Prospects Meg Kinnear 1. Treaty Design 2. Dispute Avoidance 3. Application of Substantive Obligations 4. Procedure 5. Conclusion Chapter 2. The Past, Present and Future of the International Law on Foreign Investment M Sornarajah 1. The Past 2. The Present 3. The Future Chapter 3. Judicial Administration of Justice in Multilevel Commercial, Trade and Investment Adjudication? Ernst-Ulrich Petersmann 1. Introduction and Methodological Premises 2. ‘Constitutional Justice’ Protecting Human Rights: The European ‘Kadi’- and ‘Solange’ Jurisprudence 3. From ‘Westphalian Justice’ in the ICJ and the WTO to Multilevel Cosmopolitan Adjudication in HRL and IEL 4. Lack of ‘Cosmopolitan Justice’ in WTO Jurisprudence? Need for Taking the Customary Rules of Treaty Interpretation More Seriously 5. Does HRL Require Protecting WTO Law and Dispute Settlement as Cosmopolitan Legal Systems? 6. Multilevel Judicial Protection of ‘Cosmopolitan Justice’ in Commercial and Investment Adjudication 7. Conclusions: HRL Justifies ‘Constitutional’ and ‘Cosmopolitan Approaches’ to IEL and Adjudication Chapter 4. The Development by States of Model Bilateral Investment Treaties Chester Brown 1. Introduction 2. Introduction to BITs 3. Historical Predecessors to the BIT 4. Emergence of the (Model) Bilateral Investment Treaty 5. Concluding Remarks Chapter 5. Protection of the Investor’s Legitimate Expectations: Intersection of a treaty obligation and a general principle of law HAMAMOTO Shotaro 1. Introduction 2. “Tour d’horizon” of Arbitral Jurisprudence 2.1 Origin 3. Legal Basis: A General Principle of Law 4. Conclusion Part II: Chinese Investment Treaties: Key Aspects Chapter 6. Factors to be Considered for China’s Future Investment Treaties Yongjie Li 1. Introduction 2. China’s BIT Practice 3. Global Context 4. China’s Domestic Context 5. Improvement of Investor-State Dispute Settlement 6. Conclusion Chapter 7. China’s BIT’s and Arbitration Practice: Progress and Problems Norah Gallagher 1. Introduction 2. China’s changing position on Investment Treaties 3. China's Free Trade Agreement Policy 4. Interesting Developments since China signed the ICSID Convention 5. China’s Investment Treaty Arbitration cases 6. Conclusion Chapter 8. China and International Investment Law: An Evolving Relationship Martin Endicott 1. The Evolving Relationship 2. Promotion of Inward FDI 3. Driving Factors Behind China’s Investment Treaty Program 4. Concluding Comments Chapter 9. The Chinese Investment Treaty Programme, Jurisdictional Challenges and Investment Planning: The Example of Chinese Outbound Investments in the Natural Resources Sector Nils Eliasson 1. Introduction 2. Chinese outbound natural resources investments 3. Investment treaty protection of Chinese natural resources investments 4. To what extent is investment protection strategies employed by Chinese companies investing in the natural resources sector 5. Discussion Part III: Chinese Investment Treaties: Key Negotiations Chapter 10. The Chinese Investment Regime and the US-China BIT Negotiations Eric Pekar 1. Introduction 2. The Evolution of China’s Investment Treaty Regime 3. BITs and the Chinese Legal System 4. US Domestic Politics, National Security, and BITs 5. Negotiating the U.S.-China BIT 6. Conclusion: Why Negotiate a BIT? Chapter 11. The Evolution of EU Investment Law and Future of EU-China Investment Relations Marc Bungenberg and Catharine Titi 1. The status quo of investment policymaking in the EU before and after the entry-into-force of the Treaty of Lisbon 2. History of Chinese international investment law policy and practice 3. A prospective EU-China IIA 4. China-EU developments in a broader context 5. Conclusion Chapter 12. Instituting Investment Claims under the Trans-Pacific Partnership Agreement Leon E Trakman 1. Sources of an Investment Chapter 2. Key Definitions 3. Standards of Treatment 4. Modelling Dispute Management under the TPPA 5. Australia's Objection to Investor-State Arbitraion 6. Conclusion Chapter 13. Joint Interpretations under a Divided TPP Investment Chapter Mark Feldman 1. Introduction 2. Origin and Status of the TPP Negotiations 3. A TPP Investment Chapter Should not Require Senior Political Level participation for Joint Interpretations 4. Joint Interpretations and the Dispute Settlement Section of a TPP Investment Chapter Conclusion

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Book SynopsisThe Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.Table of ContentsTable of Contents Foreword – Ewald Nowotny Introducing the book – Armin J. Kammel and Friedl Weiss Introductory Remarks – Chris Brummer Part I – Theoretical Reflections 1. Armin J. Kammel, “Government versus Markets – A Change in Financial Regulation” 2. Aristides N. Hatzis, “A Law & Economics Framework for Financial Regulation – Ten Questions and Answers” 3. Friedl Weiss, “The Institute of Soft Law – Some Theoretical Underpinnings” 4. Heidi M. Schooner, “The Dogma of Capital Requirements as a Clear Response to the Financial Crisis” Part II – Specific Legal and Policy Responses 5. Douglas W. Arner, “The Politics of International Financial Law in the Aftermath of the Global Financial Crisis of 2008” 6. Alfred Schramm, “The Changing Landscape of European Financial Supervision from an Institutional Perspective” 7. Arthur E. Wilmarth, “The Dodd-Frank Act does not solve the Too-Big-to-Fail Problem” 8. Poonam Puri and Simon Kupi, "Say on Pay, Soft Law and the Regulatory Focus on Enforcement and Transparency” 9. Ruth Plato-Shinar and Rolf H. Weber, “Consumer Protection through Soft Law in an Era of Global Financial Crisis” 10. Christian A. Johnson, “Moving from Soft Law to Hard Law in the Derivatives Area – A Case Study”. Part III – Regional Aspects 11. Sandra Annette Booysen, “Financial Regulation and the Changing Relationship between Banks and Their Customers – A Singaporean Perspective” 12. Chao Xi, “From Rule-Taker to Rule-Maker: China’s Changing Roles in Global Banking Regulation” 13. Chayodom Sabhasri, “Regional Financial Integration in Asia and the Challenge of The Global Financial Crisis” 14. Jamshid Damooei, “Economics of the Debt Crisis and its Impact on the Developing World” 15. Stephany Griffith-Jones and Matthias Thiemann, “Limiting financial crises: Demands on the new financial architecture from the perspective of NGOs and Developing Countries”

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Book SynopsisEdited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.Table of ContentsFOREWORD Shaheeza Lalani THE ROLE OF THE STATE IN INVESTOR-STATE ARBITRATION: INTRODUCTORY REMARKS Michael E. Schneider PART I. STATE POWERS AND INVESTOR-STATE DISPUTE SETTLEMENT Krista Nadakavukaren Schefer CHAPTER 1: STATES AND FOREIGN INVESTMENT: A LAW OF THE TREATIES PERSPECTIVE Tarcisio Gazzini CHAPTER 2: THE REGULATORY STATE AND THE DUTY OF CONSISTENCY Danielle Morris CHAPTER 3: THE TRANSPLANTATION OF LEGITIMATE EXPECTATIONS IN INVESTMENT TREATY ARBITRATION: A CRITIQUE Teerawat Wongkaew CHAPTER 4: HOST STATES AS CLAIMANTS: CORRUPTION ALLEGATIONS Dai Tamada PART II. STATES AND THE INVESTOR-STATE ARBITRATION REGIME Stephen Gelb CHAPTER 5: THE CONCEPT OF THE STATE IN INVESTOR-STATE ARBITRATION: A SOCIAL SCIENCE PERSPECTIVE Todd Tucker CHAPTER 6: THE IMPACT OF INVESTMENT TREATY LAW ON HOST STATE BEHAVIOR: SOME DOCTRINAL, EMPIRICAL AND INTERDISCIPLINARY INSIGHTS Mavluda Sattorova CHAPTER 7: DOMESTIC DEMANDS AND INTERNATIONAL AGREEMENTS: WHAT CAUSES INVESTOR STATE DISPUTES? Zoe Williams CHAPTER 8: EXIT, VOICE, AND LOYALTY IN INVESTMENT TREATY ARBITRATION: A SUMMARY Anna Katselas CHAPTER 9: INTER-GOVERNMENTAL CONSIDERATION OF INVESTOR-STATE DISPUTE SETTLEMENT AT THE OECD-HOSTED FREEDOM OF INVESTMENT (FOI) ROUNDTABLE David Gaukrodger PART III. THE CHANGING ROLE OF THE STATE IN INVESTOR-STATE DISPUTES Rodrigo Polanco Lazo CHAPTER 10: TOWARDS A GREATER ROLE FOR STATE-TO-STATE ARBITRATION IN THE ARCHITECTURE OF INVESTMENT TREATIES? Michele Potestà CHAPTER 11: THE ROLE OF THE STATE AFTER AN AWARD IS RENDERED IN INVESTOR-STATE ARBITRATION Tomonori Mizushima CHAPTER 12: THE RETURN OF THE HOME STATE AND THE RISE OF ‘EMBEDDED’ INVESTOR-STATE ARBITRATION Wolfgang Alschner CHAPTER 13: ILLEGAL INVESTMENTS AND ACTIONS ATTRIBUTABLE TO A STATE UNDER INTERNATIONAL LAW 226 Sergey Usoskin PART IV. ATTRIBUTION OF CONDUCT OF NON-STATE ORGAN ENTITIES: AN INTRODUCTION Georgios Petrochilos CHAPTER 14: THE EUROPEAN UNION INVESTMENT ARBITRATION REGIME AND LOCAL GOVERNMENTS: THE NEED FOR A SYNCHRONIZATION OF EFFORTS Cornel Marian CHAPTER 15: STATE-OWNED ENTERPRISES IN THE CURRENT REGIME OF INVESTOR-STATE ARBITRATION Ji Li CHAPTER 16: THE MANY FACES OF STATES IN INTERNATIONAL INVESTMENT LAW: SUPRANATIONAL ORGANIZATIONS, UNRECOGNIZED STATES AND SUB-STATE ENTITIES Chien-Huei Wu THE CHANGING ROLE OF THE HOME AND THE HOST STATE IN INVESTOR-STATE ARBITRATION: SOME CONCLUSIONS Rodrigo Polanco Lazo

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Book SynopsisIn Agriculture, Price Stabilisation and Trade Rules, Irene Musselli offers a comprehensive doctrinal and historical analysis of stabilisation tools and approaches in agriculture. Using her extensive practical experience in the field, she takes up the interface of the tools discussed with trade rules and offers the first comprehensive analysis of WTO rules from the perspective of stabilisation policies. This volume offers a fresh look at the tool box of managed trade in agricultural commodities and develops new and refined solutions that take into account the legal role of equity and of graduation. Musselli offers new insights and is able to invigorate a debate caught in overly ideological entanglements between market oriented and interventionist schools.Table of ContentsSeries Editor Foreword Preface List of Abbreviations 1 Introduction  1.1 Scoping the Research  1.2 Agricultural Price Stabilisation: Why Does it Matter   1.2.1 The Inherent Volatility of Agricultural Commodity Prices   1.2.2 Socio-economic Costs of Agricultural Price Volatility in Poor Countries   1.2.3 The Need for Regulatory Responses  1.3 Research Design and Method   1.3.1 Research Outline   1.3.2 Interdisciplinary Aspects and Legal Approaches   1.3.3 Information Sources  1.4 Shortfalls and Reach of this Inquiry 2 Setting the Stage: Key Concepts and Issues  2.1 Agricultural Price Stabilisation: Unpacking the Notion   2.1.1 Agricultural Commodities   2.1.2 Agricultural Price Instability   2.1.3 Assessment  2.2 Agricultural Price Stabilisation Arrangements: An Overview   2.2.1 International Schemes   2.2.2 Domestic Schemes   2.2.3 Assessment  2.3 Agricultural Price Stabilisation and Trade Rules: Seizing the Interface   2.3.1 The Regulatory Framework   2.3.2 International Schemes   2.3.3 Domestic Arrangements   2.3.4 Assessment 3 A Historical Review of Multilaterally Agreed Criteria for Action on Commodity Prices (1947–1989)  3.1 A Descriptive Account: Havana, Geneva and Nairobi   3.1.1 The Havana Charter Framework   3.1.2 gatt Discussions (1954–1955 Review Session)   3.1.3 unctad’s ipc (1964–1989)  3.2 Objectives and Principles of Multilateral Action on Commodity Prices   3.2.1 A Textual and Contextual Reading   3.2.2 State Practice and Attitudes   3.2.3 Assessment 4 From Market Intervention to Free Trade and Back to Managed Trade? (1989–2011)  4.1 The Market-based Interlude (1989–2007)   4.1.1 The ‘Neoliberal’ Agenda: Trade Policy Implications   4.1.2 The Extent of Policy Reform in Commodities   4.1.3 Which Orientation for the wto Agreement on Agriculture?   4.1.4 Assessment  4.2 Towards Re-regulation? The 2007–08 and 2010–11 Commodity Crises   4.2.1 Recent Price Developments in Commodity Markets   4.2.2 Trade Rules and Commodity Prices: Trade Policy Trajectories   4.2.3 Assessment 5 Beyond the Impasse: Towards a New Normative Approach  5.1 The Framework Outlined   5.1.1 Conceptual Underpinnings and Legal Bases   5.1.2 Normative Goals   5.1.3 Operational Principles  5.2 Testing the Framework: A Reassessment of Key Trade Policy Issues in the Stabilisation Debate   5.2.1 Public Food Purchases at Administered Prices   5.2.2 Price Band Systems (pbs)   5.2.3 Commodity Marketing Boards   5.2.4 Export Restrictions   5.2.5 Concerted Price Action  5.3 Implementation Avenues   5.3.1 Litigation   5.3.2 Law-making and Negotiations   5.3.3 Assessment 6 Conclusion  6.1 Domestic Stabilisation Policies  6.2 Intergovernmental Commodity Control Agreements Appendix 1: Product Coverage, Agricultural ICAs Appendix 2: Ranking of Economies by Agricultural Export Dependence Appendix 3: Major Commodity Control Arrangements, by Product Appendix 4: CAP Developments: An Overview Appendix 5: US Farm Bills: A Snapshot Bibliography Index

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Book SynopsisInvestor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.Table of ContentsAcknowledgements List of Abbreviations Introduction A. Subject Area: International Investment Law and Arbitration B. Central Problem: Inconsistency in International Investment Jurisprudence C. Central Goal: Targeted, Effective and Feasible Approach for Reform D. Research Questions and Hypotheses E. Research Methods F. Course of Investigation Chapter 1 – Contextual Framework and Object of Study A. Preliminary Considerations B. Contextual Framework: International Investment Law and Arbitration I. Development of (Inter-) National Investment Law and Policy II. Development of International Investment Arbitration C. Object of Study: ICSID Arbitration I. Basic Information II. Relative Strengths and Weaknesses: Comparative Law Analysis of ICSID and UNCITRAL Arbitration III. Summary and Evaluation D. Interim Conclusion Chapter 2 – Analysis of Problem: Inconsistency in ICSID Investment Jurisprudence A. Preliminary Considerations I. “Consistency” and “Jurisprudence Constante” – Working Definitions and Premises II. ICSID Jurisprudence in the Focus of Criticism – Rationales B. Questions of Principle I. Is Jurisprudential Consistency Desirable At All? II. Is the Inconsistency Criticism Appropriate At All? C. Forms of Inconsistencies I. Same Dispute, but Multiple Proceedings II. Different Disputes, but Same Legal Issues III. Temporal Distinction: Parallel vs. Successive Proceedings D. Causes of Inconsistencies I. Systemic Causes: Basic Structures of ICSID Arbitration II. Methodological Causes: Legal Interpretation in ICSID Arbitral Decisions E. Occurences of Inconsistencies: Qualitative-Empirical Study I. Law Governing Jurisdiction II. Procedural Law III. Substantive Law IV. Summary and Evaluation F. Interim Conclusion Chapter 3 – Reform Proposal: Curing Inconsistent ICSID Investment Jurisprudence A. Preliminary Considerations B. Overview of Reform Proposals to Enhance Consistency I. Instruments without ICSID Specificity II. Instruments with ICSID Specificity III. Evaluative Choice of the Preferable Instrument C. Preferable Reform Proposal: Draft of an ICSID Preliminary Ruling System I. Conceptual Models II. Legal Implementation III. Basic Structures IV. Admissible Questions V. Submission of Questions VI. Course of Proceedings VII. Effect of Preliminary Rulings VIII. Summary and Evaluation D. Interim Conclusion Conclusion A. Final Summary B. Research Questions and Hypotheses: Answers and Confirmations C. Prospects and Outlook Summary in German Annex A. Annex to Chapter 1 B. Annex to Chapter 2 C. Annex to Chapter 3 Table of Cases Bibliography

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Book SynopsisCan cultural heritage be adequately protected vis-à-vis economic globalization? This book investigates whether and how international economic law governs cultural phenomena by mapping the relevant legal framework, discussing the relevant disputes concerning cultural elements adjudicated before international economic ‘courts’ (namely the World Trade Organization adjudicative bodies and investment treaty arbitral tribunals), and proposing legal methods to reconcile cultural and economic interests. It thus provides a comprehensive evaluation of possible solutions, including evolution of the law through treaty interpretation and reforms, to improve the balance between economic governance and cultural policy objectives.Table of ContentsAcknowlegdements List of Abbreviations Table of Cases Introduction  1 Aims and Objectives of the Book  2 The Centrality of the Economics-and-Culture Debate in International Law  3 The State of the Art  4 Methodology  5 Chapter Plan PART 1: Cultural Heritage, Trade and Foreign Direct Investment: Defining and Connecting the Fields 1 Cultural Heritage in International Law  1 Introduction  2 Defining Cultural Heritage   2.1 Culture   2.2 Heritage   2.3 Cultural Heritage  3 The Various Categories of Heritage   3.1 World Heritage   3.2 Underwater Cultural Heritage   3.3 Intangible Cultural Heritage   3.4 Cultural Diversity   3.5 Indigenous Cultural Heritage  4 A Multipolar Cultural Heritage Law   4.1 National v. International   4.2 Public v. Private   4.3 Mandatory v. Voluntary Approaches  5 Cultural Governance as a Battlefield   5.1 Tangible v. Intangible Heritage   5.2 Toward a More Democratic and Bottom-up Heritage Governance   5.3 Pragmatism v. Idealism   5.4 Substantive Overreach and Procedural Underachievement?   5.5 Heritagization – Heritage v. Humanity?  6 Cultural Heritage as a Human Rights Issue  7 Conclusions 2 International Economic Law  1 Introduction  2 Content, Aims and Objectives of International Economic Law  3 The Sources of International Economic Law  4 State Sovereignty and International Economic Law  5 The Settlement of International Economic Disputes   5.1 The Main Features of Investor–State Arbitration   5.2 The Main Features of the WTO Dispute Settlement Mechanism   5.3 Converging Divergences  6 The ‘Legitimacy Crisis’ of International Economic Law  7 Final Remarks 3 Connecting the Fields  1 Introduction  2 The Linkage Issue  3 Protectionist Cultural Policies v. Efficient Regulation?  4 Global Cultural Governance by International Economic Courts?  5 The Settlement of Heritage-Related International Economic Disputes  6 Conclusions PART 2: When Cultures Collide: Cultural Heritage, Trade and Foreign Direct Investment   Introductory Note 4 Cultural Heritage in International Investment Law and Arbitration  1 Introduction  2 The Diaspora of Cultural Heritage-Related Disputes before Arbitral Tribunals  3 The Notion of Investment  4 Expropriation   4.1 Direct Expropriation   4.2 Indirect Expropriation  5 Compensation Claims  6 Fair and Equitable Treatment   6.1 Legitimate Expectations   6.2 International Law as a Source of Legitimate Expectations   6.3 A New Tool to Enforce International Cultural Heritage Law?  7 Full Protection and Security  8 Non-Discrimination   8.1 Direct Discrimination   8.2 Indirect Discrimination   8.3 Positive Measures  9 Performance Requirements  10 Critical Assessment  11 Conclusions 5 Cultural Heritage in International Trade Law  1 Introduction  2 The Theory of Comparative Advantage  3 Non-Discrimination   3.1 Direct and Indirect Discrimination   3.2 The Likeness Test   3.3 Legitimate Distinctions?  4 Quantitative Restrictions  5 National Treasures of Artistic, Historic or Archaeological Value   5.1 Aim, Scope and Content of Article XX( f )   5.2 The 1970 UNESCO Convention   5.3 The Linkage between Article XX( f ) and the 1970 UNESCO Convention  6 Public Morals   6.1 Defining Public Morals   6.2 Case Studies   6.3 Morality and Trade Revisited  7 The Security Exception  8 Intellectual Property   8.1 Copyright and Culture   8.2 Geographical Indications   8.3 Traditional Knowledge  9 Agriculture  10 Conclusion 6 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes  1 Introduction  2 Converging Divergences between the Two Fields  3 Converging Divergences in the Jurisprudence of Cultural Heritage-Related International Economic Disputes  4 Distinguishing Cultural Protection from Cultural Protectionism  5 Mainstreaming Cultural Heritage in International Economic Law  6 Toward Good Cultural Governance?  7 The Emergence of General Principles of Law Requiring the Protection of Cultural Heritage  8 Conclusions 7 Challenges and Prospects  1 Introduction  2 De Lege Lata   2.1 Negotiating Cultural Disputes   2.2 Conflict and Reconciliation of Norms   2.3 The Applicable Law   2.4 Transnational Public Policy   2.5 Treaty Interpretation  3 De Lege Ferenda   3.1 Cultural Exceptions   3.2 Counterclaims   3.3 Amici Curiae   3.4 Authoritative Interpretations, Waivers and Amendments   3.5 Institutional Cooperation  4 Conclusions Conclusions Bibliography Index

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Book SynopsisSituated between Europe and the borders of China, the Eurasian region is seldom studied from an overall legal perspective. The book gives a first-time structured overview of trade-related aspects of international economic law, comparative commercial law, and dispute resolution in this region, focused on the countries in the Southern Caucasus, Central Asia, as well as Russia. It also addresses the Eurasian Economic Union. Law of International Trade in the Region of the Caucasus, Central Asia and Russia approaches international trade law with a combined public international law and comparative private law perspective, taking into account the global and European context.Table of ContentsSection 4 Environmental Issues 12 Trade and Environment in the Region of the Caucasus and Central Asia: The Case of Hazardous Waste   Andreas R. Ziegler Part 2 The Perspective of Private Law 13 Some Notes on the Law of Sales Contracts in the Region of the Caucasus and Central Asia   Alexander Trunk 14 International Sales Law in the Region of the Caucasus and Central Asia – An Overview   Alexander Trunk 15 Uniform Sales Law as a Tool to Facilitate Complex Global Supply Chains in Central Asia   Cyril R. Emery Part 3 Settlement of International Trade Disputes Section 1 Dispute Settlement under Public International Law Mechanisms 16 Russia’s Experience in wto Dispute Settlement   Nicolas Lamp and Larysa Workewych 17 Conflict of Jurisdictions: wto and pta s   Peter-Tobias Stoll and Jia Xu 18 Dispute Settlement Mechanisms in Free Trade Agreements with the European Union   Thomas Jürgensen 19 The Court of the Eurasian Economic Union   Elena Babkina Section 2 Special Issues 20 Environmental Governance as a Subject of Dispute Settlement Mechanisms in Regional Trade Agreements   Karsten Nowrot 21 Parallel Use of Public and Private Law Mechanisms in Resolution of International Trade Disputes   Ilia Rachkov Section 3 Dispute Resolution under Private Law 22 Private Trade Disputes in State Courts in the Region of the Caucasus and Central Asia – Issues of Quality   Alexander Trunk 23 Emerging Trends of Recognition and Enforcement of Foreign Judgments and Arbitral Awards Issued in Economic Disputes in the Russian Federation   Vladislav Starzhenetskiy 24 Some Remarks on International Commercial Arbitration in the Region of the Caucasus and Central Asia   Alexander Trunk 25 Transparency in Settlement of Trade Disputes – Public Interest and Transparency The Work of uncitral and Its Relevance for the Eurasian Region   Timothy J. Lemay 26 The Impacts of Public International Law on the Enforcement of Foreign Arbitral Awards   Dagmar Richter 27 International Commercial Arbitration and Economic Sanctions   Andrey Kotelnikov Conclusions    Alexander Trunk, Marina Trunk-Fedorova, and Azar Aliyev Index

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Book SynopsisThe Market Abuse Regulation (MAR) entered into force in 2016 within the European Union, which introduced a fully harmonized ban on market manipulation. Even though the regulation is quite detailed, the terms used to define market manipulation are relatively vague and open-ended. In What Is market manipulation? Dr. Andri Fannar Bergþórsson offers unique insight to and interpretation of the concept of market manipulation, which includes an analysis of case law from the Nordic countries. The aim of the book is to clarify the concept as described in MAR and to provide readers some guidelines to distinguish between lawful behaviour and market manipulation (the unlawful behaviour). Bergþórsson convincingly argues that misinformation is an essential element of all forms of market manipulation.Table of ContentsPreface Abbreviations What is Market Manipulation? An Analysis of the Concept in a European and Nordic Context  Andri Fannar Bergþórsson  Abstract  Keywords  I Introduction II Harmonization of the Concept of Market Manipulation  I Misinformation as an Essential Element of the Concept of Market Manipulation  V Different Forms of Misinformation  V Misinformation Not Enough: Requirement of a Likely Effect and a Mental Element (mens rea)  I Conclusions  Summary  Bibliography  Table of Cases  Miscellaneous

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Book SynopsisInvestor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.Table of ContentsInvestor State Arbitration in a Changing World Order  Tai-Heng Cheng & Alexander W. Resar  Abstract 1  Keywords  Preface  Introduction: The Intertwined Fates of the Liberal Order and Investor-State Arbitration  Part 1: The Development of Investor-State Arbitration  Part 2: Contextualizing the Backlash against Investor-State Arbitration  Part 3: Reforming Investor-State Arbitration  Conclusion: The Future of Investor State Arbitration  References

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Book SynopsisThis first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance organs. Second, the legal basis of governance of IFIs. And third, the interaction around governance between IFIs and external stakeholders. This volume concludes with the text of the 2017 AIIB Law Lecture, delivered by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, Miguel de Serpa Soares on the subject of ‘The Necessity of Cooperation between International Organizations’ and a summary report on the proceedings of the 2017 AIIB Legal Conference. The first volume of AYIL was launched at the Annual Meeting of the Board of Governors of the AIIB in Mumbai, India, June 2018.Table of ContentsPreface  Gerard Sanders Introduction: Good Governance and Modern International Financial Institutions  Peter Quayle and Xuan Gao Part 1: The Governance Role of the Boards of International Financial Institutions 1 Board Effectiveness in International Financial Institutions: A Comparative Perspective on the Effectiveness Drivers in Constituency Boards  Stilpon Nestor 2 Gender Diversity on Boards: A Cause for Multilateral Organizations  Marie-Anne Birken and Gian Piero Cigna 3 International Financial Institution Governance: The Role of Shareholders  Whitney Debevoise Part 2: The Governance Basis of International Financial Institutions 4 The Rule of Law in the International Monetary Fund: Past, Present and Future  Yan Liu 5 Governance of the Asian Infrastructure Investment Bank in Comparative Context  Natalie Lichtenstein 6 The Evolving Jurisprudence of the International Administrative Tribunals: Convergence or Divergence?  Joan S. Powers Part 3: The Governance Vocation of International Financial Institutions 7 Open Data for Development: The World Bank, Aid Transparency, and the Good Governance of International Financial Institutions  Catherine E. Weaver 8 The Making of Global Public Authorities: The Role of IFIs in Setting International Labor Standards  Yifeng Chen 9 The World Bank’s Sanctions System: Using Debarment to Combat Fraud and Corruption in International Development  Pascale Hélène Dubois, J. David Fielder, Robert Delonis, Frank Fariello and Kathleen Peters Part 4: 2017 AIIB Law Lecture 10 The Necessity of Cooperation between International Organizations  Miguel de Serpa Soares Part 5: 2017 AIIB Legal Conference Report 11 AIIB Legal Conference Report  Christopher Smith

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Book SynopsisLaunched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide.

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Book SynopsisThis volume brings together the foremost experts in the field to on technical standards and sanitary and phytosanitary measures. The authors provide an article by article analysis of the Technical Barriers to Trade Agreement and the Agreement on Sanitary and Phytosanitary Measures, covering some of the most controversial WTO provisions dealing with the intersection of trade, health and the environment. This includes in-depth assessments of the interplay between scientific evidence and law, the role of standards in international economic governance and the regulatory autonomy states have.Table of ContentsPreface to the Series Acknowledgements Preface to this Volume User’s Guide Table of Abbreviations and Acronyms List of Contributors General Agreement on Tariffs and Trade 1994 Article III GATT — National Treatment on Internal Taxation and Regulation   Holger P. Hestermeyer Article XI GATT — General Elimination of Quantitative Restrictions   Geraldo Vidigal Article XX GATT — General Exceptions [Introduction]   Giovanna Adinolfi Article XX GATT — General Exceptions [Chapeau]   Giovanna Adinolfi Article XX (a) GATT — necessary to protect public morals   Jenny Dorn Article XX (b) GATT — necessary to protect human, animal or plant life or health   Peter-Tobias Stoll & Lutz Strack Article XX (c) GATT — relating to the importations or exportations of gold or silver   Nele Matz-Lück Article XX (d) GATT — necessary to secure compliance with laws or regulations (…)   Niccolo Ridi Article XX (e) GATT — relating to the products of prison labor   Jenny Dorn Article XX (f) GATT — imposed for the protection of national treasures of artistic, historic or archaeological value   Nele Matz-Lück Article XX (g) GATT — relating to the conservation of exhaustible natural resources (…)   Nele Matz-Lück  Article XX (h) GATT — undertaken in pursuance of obligations under any intergovernmental commodity agreement (…)   Nele Matz-Lück  Article XX (i) GATT — involving restrictions on exports of domestic materials (…)   Nele Matz-Lück  Article XX (j) GATT — essential to the acquisition or distribution of products in general or local short supply (…)   Nele Matz-Lück  Agreement on Technical Barriers to Trade Preamble TBT   Elizabeth Sheargold Article 1 and Annex 1 TBT — General Provisions and Terms and their Definitions   Elizabeth Sheargold Article 2 TBT — Preparation, Adoption and Application of Technical Regulations by Central Government Bodies   Ludivine Tamiotti & Daniel Ramos Article 3 TBT — Preparation, Adoption and Application of Technical Regulations by Local Government Bodies and Non-Governmental Bodies   Ludivine Tamiotti & Daniel Ramos Article 4 and Annex 3 TBT — Preparation, Adoption and Application of Standards and Code of Good Practice   Michael M. Du Article 5 TBT — Procedures for Assessment of Conformity by Central Government Bodies   Rodolphe Muñoz Article 6 TBT — Recognition of Conformity Assessment by Central Government Bodies   Rodolphe Muñoz Article 7 TBT — Procedures for Assessment of Conformity by Local Government Bodies   Rodolphe Muñoz Article 8 TBT — Procedures for Assessment of Conformity by Non-Governmental Bodies   Rodolphe Muñoz Article 9 TBT — International and Regional Systems   Tracey Epps & Danae Wheeler Article 10 TBT — Information About Technical Regulations, Standards and Conformity Assessment Procedures   Helen Churchman Article 11 TBT — Technical Assistance to Other Members   Helen Churchman Article 12 TBT — Special and Differential Treatment of Developing Country Members   Antonia Eliason Article 13 TBT — The Committee on Technical Barriers to Trade    Lorand Bartels Article 14 and Annex 2 TBT — Consultation and Dispute Settlement and procedures applied to technical expert groups   Antonia Eliason Article 15 TBT — Final Provisions   Lorand Bartels Agreement on the Application of Sanitary and Phytosanitary Measures Preamble SPS   Alessandra Arcuri & Sophia Paulini Article 1 and Annex A SPS — General Provisions and Definitions   Ching-Fu Lin Article 2 SPS — Basic Rights and Obligations   Markus Wagner Article 3 SPS — Harmonization   Oliver Landwehr Article 4 SPS — Equivalence   Oliver Landwehr  Article 5 SPS — Assessment of Risk and determination of the Appropriate Level of Sanitary or Phytosanitary Protection   Peter-Tobias Stoll & Lutz Strack Article 6 SPS — Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence   Lukas Gruszczynski Article 7 and Annex B SPS — Transparency (of Sanitary and Phytosanitary Regulations)   Tracey Epps & Danae Wheeler Article 8 and Annex C SPS — Control, Inspection and Approval Procedures   Denise Prévost Article 9 SPS — Technical Assistance   Ching - Fu Lin Article 10 SPS — Special and Differential Treatment   Denise Prévost Article 11 SPS — Consultations and Dispute Settlement   Lukas Gruszczynski Article 12 SPS — Administration   Volker Röben & Smith I. Azubuike Article 13 SPS — Implementation   Volker Röben & Smith I. Azubuike Article 14 SPS - Final Provisions   Volker Röben & Makuta Manty Mara

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Book SynopsisIn Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component. This culminates essentially in whether arbitration is a legitimate forum and whether privately appointed arbitrators appropriately can resolve environmental-related disputes. These disputes are bound to increase in frequency because host-States are also partaking in global efforts to respond to environmental challenges.Table of ContentsInvestors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection  Crina Baltag and Ylli Dautaj  Abstract  Keywords  1 Introduction  2 Sustainable Development: The Interaction between Investment Law, Environmental Law, and Investor-State Dispute Settlement  3 Treaties and Arbitral Case Law  4 Backlash, Legitimacy, and Workability  5 Concluding Remarks  5 Bibliography

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Book SynopsisWinner of the Vitivinicultural Law OIV Award (2021), from the International Jury of the International Organisation of Vine and Wine. Click here to read. This 26-chapter volume brings together leading academics and practitioners to examine how wine law and policy have gradually moved from national terroirs to a global market. It is the first holistic study of the comprehensive field of wine law which posits that the wine laws and regulations have caused an enormous imbalance between different jurisdictions, which has either resulted in the overregulation, which stifles innovation, and under-regulation, which leaves many a wine consumer clueless about what they are drinking. This book brings together legal scholarship about trade law, intellectual property rights, and health law and policy which are all relevant for the future of the wine industry.Table of Contents List of Abbrevations  List of Illustrations  Notes on Contributors  Foreword: Apéritif  Christopher Heath 1 An Introduction to Wine Regulation in a Globalized Market  Prospects and Limits of Wine Governance   Julien Chaisse, Fernando Dias Simões, and Danny Friedmann PART 1 The Wine Market: Past, Present and Future in a Global Economy 2 The Rise and Fall of the World’s Largest Wine Exporter – and Its Institutional Legacy  Giulia Meloni and Johan Swinnen 3 Tradition, Territory, and Terroir in French Wine  Role, Function, and Purpose of the Institut National De l’origine Et de la Qualité in the French Wine Law Model   Fabrice Giordano 4 Exploring Italy’s Wine Law Reforms  Experiences, Challenges, and Prospects   Antonio Rossi and Duilio Cortassa 5 “Innovative Tradition”  Austrian Wine Regulation between Past and Future   Iris Eisenberger and Rostam J. Neuwirth 6 Between Wines and Spirits  Classification Challenges of Polish ‘Fruit Wine’-based Products in EU Perspective   Joanna Pawlikowska, Aleksander Stepkowski, and Leszek Wiwala 7 Wine law in Australia  Challenges of Local Identity in a Global Marketplace   Lisa Toohey 8 Libiam Ne’ Lieti Calici  EU and Chinese Policies in Support of Wine Production   Flavia Marisi 9 Wine and Liquor Laws in Canada – Trends and Regulatory Challenges  Daniel Hohnstein 10 The Protection of Foreign Investment in the Wine Sector  Laurence Ponty, Baptiste Rigaudeau, and Jean-Robin Costargent PART 2 The Role of Intellectual Property Law in the Wine Market 11 Grafting the Old and New World  Towards a Universal Trademark Register that Cancels Generic IGO Terms   Danny Friedmann 12 The Protection of Traditional Terms for Wines in the European Union and Beyond  Anke Moerland and Ramyaa Bhadauria 13 The Barolo Appellation of Origin in the Global Market  Anisha Mistry and Luca Valente 14 “Pure Michigan” and “Napa Valley 100%”  Is Protection of American Origin Wines as Geographic Indications on Fertile Ground?   Rebeccah Gan 15 Australia Corked Its Champagne and So Should We  Enforcing Stricter Protection for Semi-Generic Wines in the United States   Lindsey A. Zahn 16 Integrating the Protection of Foreign Geographical Indications in Federal States  Transsystemic Study of GI Protection in Canada, the USA, and Germany   Nicolas Charest 17 The Protection of Vines, Grapes and Wine under Plant Variety Rights Law, with a Particular Focus on the EU  Philippe de Jong 18 Trade Dress Regulation and Protection Rules Applying to Wine in Turkey  Burak Keskin 19 Patent Search and Analysis in the Wine Industry  A Guided Tour from Vineyards to Your Table   Luca Falciola PART 3 Wine beyond the Market: Health Policy, Ethical and Social Issues 20 On the Jurisprudence of Wine’s Journeys from National Terroirs to a Global Market  Places of Normativity, Mythology and Justice in London and Aotearoa/New Zealand   Wayne Morrison 21 Protecting Wine Packaging as a Trademark  Why the Substantial Value Exclusion Makes the Task Unreasonably Burdensome   Jacopo Ciani 22 Prošek or Prosecco  Intellectual Property or Intangible Cultural Heritage?   Steven Gallagher 23 The Use of All Wines  A Legal Analysis for Conservative Judaism   Elliot N. Dorff 24 Risk Management in the Wine Supply Chain  Diego Saluzzo 25 The Grass is Greener on the Other Side  Biodynamic Wines and Trademarks, the Quest for Answers   Ana Penteado 26 In Vino Veritas  Blockchain as a Viable Solution for Combating Counterfeit Wines in China   Jerry I-H Hsiao  Index

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Book SynopsisIn Threading the Sovereign’s Needle: A Philosophical Deconstruction of an Investor-State Tribunal’s Authority to Award Interim Relief in Relation to Criminal Proceedings, Alexander G. Leventhal shows that, rather than a diffuse set of contradictory decisions, these cases obey a coherent philosophy. More than that, however, he explains the reasons behind the results in the rich case law on point.Table of ContentsThreading the Sovereign’s Needle A Philosophical Deconstruction of an Investor-State Tribunal’s Authority to Award Interim Relief in Relation to Criminal Proceedings  Alexander G. Leventhal Abstract Keywords  Introduction  I Foundations  I Protected Rights  I Requirements  V Effect  V The Consequences of Non-Compliance  References

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Book SynopsisA New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order and brings together leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism.Table of ContentsForeword to the Book Edited by Professor Cheng     Pascal Lamy Preface     Chia-Jui Cheng List of Tables Abbreviations Notes on Contributors Table of Cases Table of International Treaties and Other Instruments Table of International Organization part 1 The Global Economic Order in Evolution The Evolution of the International Economic Order   Chia-Jui Cheng The wto Legal and Dispute Settlements Systems in Time of Global Governance Crises   Ernst-Ulrich Petersmann part 2 The Global Economic Order in Challenges The Use and Abuse of the National Security Exception under Article xxi(b)(iii) of the gatt 1994   Peter L.H. Van den Bossche and Sarah Akpofure Subsidies and soe s Specific vs. Systemic Spillovers   Bernard Hoekman Technology Governance in a Devolved Global Legal Order Lessons from China-USA Strategic Conflict   Frederick M. Abbott part 3 The Struggle for the Global Economic Order The Struggle for International Economic Law   Rachel Brewster How to Re-establish a New Global Economic Order   Alain Pellet part 4 The Future of the Global Economic Order Regionalism in International Economic Order   Mariko Kawano Precedent in Investment Arbitration Is an Institutionalized Investment Court More Desirable?   Yuka Fukunaga Index

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Book SynopsisThis work applies discourse analysis to investment awards and WTO reports to unveil the narratives behind the use of unwritten law. Adopting a CLS and Neo-Gramscian approach, this linguistic inquiry studies the neoliberal and hegemonic structures of international economic adjudication. Cette étude développe une analyse du discours du juge de l’OMC et de l’arbitre de l’investissement portant sur le droit non écrit. En employant une approche critique et néo-gramscienne, elle s’intéresse aux structures néolibérales et hégémoniques du contentieux international économique.Table of ContentsPlease click here for the long version of the Table of Contents: of Le droit non écrit dans le contentieux international économique. Introduction générale première partie: Un discours de banalisation titre i: La banalisation des régimes conventionnels 1 Des régimes conventionnels ancrés dans le droit général des traités 2 Des régimes conventionnels ancrés dans le droit général de la responsabilité titre ii: La banalisation de la fonction juridictionnelle 3 La coordination autour des règles générales du procès 4 La coordination autour des méthodes herméneutiques générales seconde partie: Un discours de systématisation titre iii: La systématisation endogène 5 La systématisation par la convergence conventionnelle 6 La systématisation par le recours au précédent titre iv: La systématisation exogène 7 Le discours néolibéral du juge 8 Le discours hégémonique du juge Conclusion générale Bibliographie sélective Table de jurisprudence Index analytique Table des matières

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Book SynopsisHow can policies on trade and culture be coordinated in such a way that both are enabled to flourish? This book makes the argument for moving from viewing trade and culture as "in conflict" to assessing the two fields in coordination—at the domestic, regional and international levels. Juneyoung Lee makes the case for a preference for negotiations and monitoring, as opposed to legalized dispute settlement. Informal law-making processes and preferential trade agreements are also addressed.Table of ContentsList of Figures and Tables List of Acronyms and Abbreviations  Introduction  1 The Research Question and This Publication’s Approach  2 The Significance of the Coordinated Framework Proposed in This Publication  3 Limitations of This Publication  4 The Roadmap for This Publication Part 1 Conceptual and Instituional Approaches to Culture 1 Concept of Culture  1 Introduction: an Ontology of Culture  2 Difficulty in Defining Culture  3 Background – Broad Concept of Culture in Sociology 3.1 Anthropological Elements 3.2 Moral Elements  4 Background – Concept of Culture in unesco  5 Bringing ‘Culture’ into the Trade Domain 5.1 Critics – Confusingly Undefined or Ill-Defined Culture-Related Terminologies 5.2 Cultural Diversity and Cultural Identity 5.3 Is All Culture the Same? – Categorizations of Culture for the Debate on Trade and Culture – Is Literature Talking about the Same Thing?  6 A Working Scope of Cultural Products in the Debate on Trade and Culture – Spectrum of Cultural Products 6.1 Definition of Cultural Products 6.2 How to Measure Cultural Components in Cultural Products? 6.3 The 2009 unesco Framework for Cultural Statistics 6.4 Observations and Critiques on the 2009 unesco Framework for Cultural Statistics 6.5 Spectrum of Cultural Products  7 Concluding Remarks 2 Treatment of Culture in unesco  1 Introduction  2 The History and Functioning of unesco  3 Overview of Culture-Related Standard Setting and Terminology in unesco  4 unesco Standard Setting Instruments for Removing Trade Barriers to Cultural Goods  5 2005 unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions 5.1 Laying the Foundations for the 2005 unesco Convention 5.2 unesco Universal Declaration on Cultural Diversity 5.3 Preparation Phase for the 2005 unesco Convention 5.4 Terminologies of the 2005 unesco Convention and Their Trade Implications 5.5 The Objectives of the 2005 unesco Convention  6 Debatable Features of the 2005 unesco Convention in Relation to Trade 6.1 Article 6 and Article 2.1 of the 2005 unesco Convention: Policy Space 6.2 Article 20 of the 2005 unesco Convention: Mutual Supportive, Complementary and Non-subordinate? 6.3 Article 16 of the 2005 unesco Convention: Facilitation of Cultural Exchanges with Developing Countries 6.4 Article 17 of the 2005 unesco Convention: Co-operation in Situation of Serious Threat to Cultural Expressions  7 Comparison with the 1972 unesco World Heritage Convention  8 Concluding Remarks Part 2 Interaction between Culture and Trade at Domestic, Multilateral, and Preferential Scales 3 Current Situation of Domestic Cultural Policies That Bear Trade Implications  1 Introduction  2 Economic Rationales for Government Interventions in Cultural Products 2.1 Economies of Scale in Producing Cultural Products That Lead to Homogenization of Culture 2.2 Externalities Argument – Existence of Consumption Externalities? 2.3 Public Goods Argument – Are All Cultural Products Public Goods? 2.4 Option Goods, Merit Goods  3 Overview of Tariffs in Cultural Products  4 Overview of Non-tariff Measures in Cultural Products by Key wto Members 4.1 European Union 4.1.1 Television without Frontier Directive and Audiovisual Media Services Directive 4.1.2 State Aid – Communication on Certain Legal Aspects Relating to Cinematographic and Other Audiovisual Works 4.2 Canada 4.2.1 Broadcasting Act 4.2.2 Television Broadcasting Regulations 1987 4.2.3 Investment Canada Act 4.3 China 4.3.1 Revenue-Sharing with Joint Ventures, and Annual Quotas in Film Imports 4.3.2 Designated Importers of Movies 4.3.3 Content Examination 4.3.4 Quantitative Time Requirement for Domestic Movies 4.3.5 Tax Incentives 4.4 India 4.4.1 Higher Entertainment Tax on Foreign Films 4.4.2 Tax Incentives 4.5 Korea 4.5.1 Screen Quota System 4.5.2 Import Licensing 4.6 US 4.6.1 Communication Act of 1934 4.6.2 US Congressional Activities 4.6.3 Indian Arts and Crafts Act of 1935  5 Concluding Remarks 4 General Treatment of Culture in the Multilateral Trading System  1 Introduction  2 wto Law Perspectives 2.1 Overview of the wto Legal Provisions and Culture-Related Legal Provisions in the wto 2.1.1 Overview of the wto Legal Provisions 2.1.2 Culture-Related Provisions in the wto 2.2 Culture-Specific Provisions in the wto 2.2.1 gatt Article iv on Special Provisions Relating to Cinematograph Films 2.2.2 gatt xx (f) on Protection of National Treasures of Artistic, Historic or Archaeological Value 2.3 Goods or Services? – Became an Irrelevant Question?  3 Relation between the wto Laws and the unesco Convention on the Protection and Promotion of the Diversity of Cultural Expression 3.1 Applicability of the unesco Convention to wto Jurisprudence 3.2 wto China-Audiovisual Case and the unesco Convention  4 wto Negotiations Perspectives 4.1 Audiovisual Services 4.1.1 wto Members’ Positions 4.1.2 Advancing Technology and Classification Issues in Audiovisual Services 4.1.3 Subsidies for Audiovisual Services 4.2 Traditional Knowledge and Folklore  5 wto Administration Perspectives – Governance and Surveillance Instrument for Trade and Culture in the wto 5.1 Current Situation 5.2 Utilizing Existing Mechanisms 5.3 Co-operation with Other Culture-Related Multilateral Institutions (E.g. unesco)  6 wto Accessions Perspectives – Cultural Concerns during the wto Accession Process  7 Concluding Remarks 5 General Treatment of Culture in the Preferential Trade System  1 Introduction  2 Overview on pta s Regarding Cultural Products 2.1 Setting the Tone on Cultural Products in pta s – nafta Model 2.2 Canadian Model 2.3 US Model 2.3.1 Negative List Approach 2.3.2 Emphasis on Digital Products 2.3.3 Unchanged Exclusion of Subsidies 2.4 EU Model 2.4.1 General Exclusion of Audiovisual Services 2.4.2 Protocol on Cultural Cooperation in pta s Tied to the 2005 unesco Convention 2.4.3 Relatively Liberal Approach in Recreation, Cultural and Sporting Services 2.4.4 Standard Inclusion of Possibility of Prohibition or Restriction on Imports, Exports or Goods in Transition on the Grounds of Public Morality or the Protection of National Treasures 2.4.5 Specificities in Individual EU pta s 2.5 Chinese Model – First Steps towards Long-Term Engagement 2.6 New Zealand Creative Art Model  3 Overview on Investment Treaties and Protection of Culture 3.1 Southern Pacific Properties (Middle East) Limited v. Arab Republic Egypt 3.2 Parkerings v. Lithuania 3.3 Relevance of the icsid Legal Approach for the wto Cases  4 Concluding Remarks Part 3 Coordination between Culture and Trade 6 Ways Forward for Culture and International Trade Law From Conflict to Coordination  1 Analytical Recapitulation of Previous Chapters 1.1 Conceptualization of ‘Culture-Ness’ in Cultural Products 1.2 Institutional Challenge of unesco 1.3 Striving for Efficacy of the National Cultural Interventions 1.4 Institutional Capability of wto on Cultural Issues  2 Specific Suggestions for Ways Forwards: Presenting Options 2.1 Dispute Settlement Approach 2.1.1 Classic – Dispute Settlement in the wto 2.1.2 Fresh Complement – Informal International Lawmaking 2.2 Non-dispute Settlement Approach 2.2.1 Monitoring 2.2.2 Negotiations 2.2.3 Institutional Coordination 2.3 Plurilateral Agreement on Cultural Products 2.3.1 Dispute Settlement in a Plurilateral Agreement on Trade and Culture 2.4 Innovative Approach in pta s 2.4.1 Regional Option 1 – apec 2.4.2 Regional Option 2 – Council of Europe 2.4.3 New Era of the Discussion on Trade and Culture? – The eu-us pta  Conclusions Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. As tariffs have fallen dramatically over the past decades, behind-the-border measures—such as technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures—have become increasingly important for international trade policy. To facilitate trade, governments sign trade agreements in which they agree to base such measures on international standards. But who actually develops these standards? This book takes a close look at the International Organization for Standardization and the Codex Alimentarius – two prominent standard-setting organizations in the area of TBT and SPS – to investigate how international standardization influences the design of international trade agreements, and vice versa.Table of ContentsAcknowledgements List of Figures List of Tables Abbreviations 1 Introduction 2 Concepts and Debates  2.1 Clarification of Concepts  2.2 Review of Global Governance Debates  2.3 Multilateral Trade Agreements and International Standardization  2.4 International Standardization and Preferential Trade Agreements  2.5 Interim Conclusion 3 International Standardization Organizations  3.1 The Codex Alimentarius  3.2 The International Organization for Standardization  3.3 Interim Conclusion  3.4 Appendices 4 Multilateral Trade Agreements and International Standardization  4.1 Introduction  4.2 Literature and Research Gap  4.3 Hypotheses  4.4 Data and Methodology  4.5 Empirical Analysis  4.6 Interim Conclusion  4.7 Appendices 5 International Standardization and Preferential Trade Agreements  5.1 Introduction  5.2 Literature and Research Gap  5.3 Hypotheses  5.4 Data and Methodology  5.5 Empirical Analysis  5.6 Interim Conclusion  5.7 Appendices 6 Conclusion and Future Research Bibliography Index

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Book SynopsisHow do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.Table of ContentsPreface Acknowledgments List of Figures and Tables Abbreviations 1 Introduction  1.1 Background  1.2 Aims, and Objectives  1.3 Overview of Methodology 2 Traditional Contractual Stabilization Clauses  2.1 Introduction  2.2 Definition of Stabilization Clauses  2.3 Origins of Stabilization Clauses  2.3.1 Stabilization through Investment Contracts  2.3.2 Stabilization through Domestic Laws  2.3.3 Stabilization through iia s  2.3.4 Stability through a Multi-tiered Approach  2.4 Justification and Purpose of Stabilization Clauses  2.4.1 From the Perspective of a Foreign Investor  2.4.2 From the Perspective of Foreign Project Financiers  2.4.3 From the Host State’s Perspective  2.5 Types of Stabilization Clauses  2.5.1 Traditional Stabilization Clauses  2.5.2 Modern Stabilization Clauses  2.5.3 Hybrid Stabilization Clauses  2.6 At What Point Are Stabilization Clauses Typically Included in State Contracts? (An Analysis Using Statistical Methods)  2.7 Validity and Legal Effect of Traditional Stabilization Clauses  2.7.1 Validity and Legal Effect of Stabilization Clauses under Domestic Law  2.7.2 Validity and Legal Effect of Stabilization Clauses under International Law  2.8 Stabilization Clauses in Empirical Work  2.9 Conclusion 3 Renegotiation Clauses  3.1 Introduction  3.2 Definition of Renegotiation Clause  3.3 History and Background of Renegotiation  3.4 Types of Renegotiations  3.4.1 Renegotiation Based on Situation  3.4.2 Renegotiation Based on the Parties  3.5 Contract with and without Traditional Renegotiation Clause  3.5.1 Contract without Traditional Renegotiation Clause  3.5.2 Contract with Renegotiation Clause  3.6 The Significance of Renegotiation Clause in the State Contract  3.6.1 Salvage the State Contract  3.6.2 Changing Circumstances  3.6.3 Filling Gaps  3.6.4 Providing Flexibility for Differing Cultural Attitudes  3.7 Limitations and Constraints of Renegotiation Clauses  3.8 Recalibration and Recommendations  3.9 Conclusion 4 Reconceptualizing the Legislative Stabilization Clause  4.1 Introduction  4.2 A New Taxonomy of Legislative Stabilization Clauses  4.2.1 Aspirational lsc s  4.2.2 Standard lsc s  4.2.3 Contractual lsc s  4.3 Recalibration and Recommendations  4.4 Conclusion 5 Legal Stability Guarantees in International Investment Agreements  5.1 Introduction  5.2 International Investment Agreements’ Stabilization Clauses (iia sc)  5.3 Legal Stability under Fair and Equitable Treatment Standard (fet)  5.3.1 fet Standard Includes a Guarantee of Legal Stability (Pro-investor Approach)  5.3.2 Rejectionist Approach of Linking the fet Clause and Legal Stability in the Strict Sense (Reasonableness Approach)  5.4 Recent Treaty Practice  5.5 Conclusion 6 Summary and Final Conclusions Table of Cases Table of International Investment Agreements and Other International Instruments/Documents Appendix Bibliography Index

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Book SynopsisThe United Nations Convention on Contracts for the International Sale of Goods (CISG) has become the key framework for drafting international sales contracts and resolving resulting disputes. The remarkable progress of this epoch-making uniform international law calls for a new edition (the fifth) of the late Professor Honnold’s preeminent commentary, now issued under the authoritative hand of Harry M. Flechtner, editor of the fourth edition and a National Correspondent for the United States at UNCITRAL. Professor Flechtner updates Professor Honnold’s in-depth article-by-article exposition, addressing newly arising issues and taking into account the numerous decisions and scholarly analyses that have focused on the CISG in the twelve years since the last edition in 2009. Also expertly updated is Professor Honnold’s masterly overview of the development and implementation of the text of the CISG, as well as his authoritative insights into the underlying principles and purposes of the treaty. Taking into account the myriad variations among distinct legal systems, the commentary expertly treats all crucial aspects of sales contracts, including the following: delivery of the goods and handing over of documents; conformity of the goods and third-party claims; obligations of the parties; payment of the price; taking delivery; anticipatory breach; instalment contracts; remedies for breach of contract; damages; interest; exemptions; limits and effects of avoidance; preservation of the goods; and risk of loss. The CISG is widely regarded as the most significant body of international sales law and the most successful international commercial treaty in history. This new edition provides tribunals, practitioners, and scholars invaluable up-to-date insights into the meaning of each article of the Convention. The multitude of authorities consulted, many dating from the past few years, will continue to influence the promotion of international sales contract uniformity, encourage the settlement of disputes, and help to reinforce consensus in the application of the Convention.  

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Book SynopsisIn 2021, the CISG Advisory Council celebrates its twentieth anniversary. For this unique occasion the current Council members decided to publish the second edition of The CISG Advisory Council Opinions. This book contains all original Opinions and Declarations with their corresponding annexes, to which four new Opinions have been added.The CISG Advisory Council Opinions is designed to facilitate the work on and with the The United Nations Convention on Contract for the International Sale of Goods. It enables the reader to gain an overview of the CISG Advisory Council’s work of the entirety of the last twenty years. Furthermore, it contains an introductory chapter on the Advisory Council itself, its unique approach, and some historical background of the Opinions.Table of ContentsThe CISG Advisory Council (Ingeborg Schwenzer); CISG Advisory Council Opinion No. 1 – Electronic Communications under CISG; CISG Advisory Council Opinion No. 2 – Examination of the Goods and Notice of Non-Conformity – Articles 38 and 39; CISG Advisory Council Opinion No. 3 – Parol Evidence Rule, Plain Meaning Rule, Contractual Merger Clause and the CISG; CISG Advisory Council Opinion No. 4 – Contracts for the Sale of Goods to Be Manufactured or Produced and Mixed Contracts (Article 3 CISG); CISG Advisory Council Opinion No. 5 – The Buyer’s Right to Avoid the Contract in Case of Non-Conforming Goods or Documents; CISG Advisory Council Opinion No. 6 – Calculation of Damages under CISG Article 74; CISG Advisory Council Opinion No. 7 – Exemption of Liability for Damages under Article 79 of the CISG; CISG Advisory Council Opinion No. 8 – Calculation of Damages under CISG Articles 75 and 76; CISG Advisory Council Opinion No. 9 – Consequences of Avoidance of the Contract; CISG Advisory Council Opinion No. 10 – Agreed Sums Payable upon Breach of an Obligation in CISG Contract; CISG Advisory Council Opinion No. 11 – Issues Raised by Documents under the CISG Focusing on the Buyer’s Payment Duty; CISG Advisory Council Opinion No. 12 – Liability of the Seller for Damages Arising out of Personal Injuries and Property Damage Caused by Goods and Services under the CISG; CISG Advisory Council Opinion No. 13 – Inclusion of Standard Terms under the CISG; CISG Advisory Council Opinion No. 14 – Interest under Article 78 CISG; CISG Advisory Council Opinion No. 15 – Reservations under Articles 95 and 96 CISG; CISG Advisory Council Opinion No. 16 – Exclusion of the CISG under Article 6; CISG Advisory Council Opinion No. 17 – Limitation and Exclusion Clauses in CISG Contracts; CISG Advisory Council Opinion No. 18 – Set-off under the CISG; CISG Advisory Council Opinion No. 19 – Standards and Conformity of the Goods under Article 35 CISG; CISG Advisory Council Opinion No. 20 – Hardship under the CISG; CISG Advisory Council Opinion No. 21 – Delivery of Substitute Goods and Repair Under the CISG; CISG Advisory Council Declaration No. 1 – The CISG and Regional Harmonization; CISG Advisory Council Declaration No. 2 – Use of Reservations under the CISG

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Book SynopsisEspecially for use by the students of the Erasmus School of Law, we have two seperate sets available. One set includes Volume I and II, and one set includes Volume II and III. For more information on these sets and to order, please use the links below: Materials on Commercial Law - Set volumes I & IIMaterials on Commercial Law - Set volume II & IIIAn accident happened in the North Sea and I need a complete overview of the rules regarding oil pollution at sea. I need to draft a legal advice for a financial institution on paperless trade finance. I wish to have the legal rules applicable to copyrights and trademarks at hand during my client’s meeting. As a student, I wish to have one compendium in which the most important materials and legal provisions on (International) Commercial Law are gathered. For these and many more examples, one can rely on the Materials on Commercial Law. Indeed, this reader bundles in three volumes the most important materials – even those published by soft-law organisations and not always easy to access by the public – in the eclectic field of commercial law. The reader is user-friendly via its index at the beginning of each Volume. The legislative texts are categorized per legal domain. In short, the reader is indispensable for every student, practitioner, magistrate and in-house counsel active in International Business & Trade.More information about Materials on Commercial Law Volume II and IIIMaterials on Commercial Law - Volume II >Materials on Commercial Law - Volume III >Table of ContentsPART I PROCEDURAL LAW; PART II MARITIME AND TRANSPORT LAW; PART III COMPANY LAW

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Book SynopsisThe legal foundations of the international economyâwhich underpin both the actions of sovereign states, as well as the conduct of individuals and business entities engaged in cross-border transactionsâare now more than ever a crucial site for scholarly exploration.Indeed, with the growing impact of globalization, research in and around the subject flourishes as never before. This new four-volume collection from Routledge meets the need for an authoritative reference work to map a rapidly growing and ever more complex corpus of literature. Edited by a leading scholar, International Economic Law gathers foundational and canonical work, together with more contemporary and cutting-edge scholarship. The collection boldly identifies and elucidates International Economic Lawâs critical concepts to make sense of the subdisciplineâs evolution and to garner insights into its likely development.With a full index, together with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, International Economic Law is an essential work of reference. For the novice or advanced student, the collection will be particularly useful as an essential database allowing scattered and often fugitive material to be easily located. And, for the more advanced scholar, as well as practitioners and policy-makers, it will be welcomed as a crucial tool permitting rapid access to less familiarâand sometimes overlookedâtexts. For all users, International Economic Law will be valued as a vital one-stop research and pedagogic resource.

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

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Book 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 SynopsisChien-Huei Wu is Research Professor and Fellow of the Institute of European and American Studies, Academia Sinica, Taipei, Taiwan. Ching-Fu Lin is Professor at the Institute of Law for Science and Technology, and Director of Interdisciplinary Program of Management and Technology, National Tsing Hua University, Taiwan.Han-Wei Liu is Associate Professor of Law at Singapore Management University and Senior Research Fellow (Adjunct) at Monash University, Australia.

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Book SynopsisJosephine Norris is a member of the European Commission Legal Service and Adjunct Professor at Vrije Universiteit Brussel, Belgium.

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Book SynopsisThe growing importance of international investment law, fuelled by the processes of globalisation and the search for natural resources, and fostered by the ease of cross-border financial flows, has given rise to a huge expansion in the incidence of new investment treaties and, consequently, disputes. The complexity of this area and the enormous sums of investment involved mean that the agreements and treaties themselves are highly evolved, while the disputes arising are often hugely intricate and intractable. No area of international law is more in need of the careful and balanced attention of scholars. Anyone interested in international investment law will appreciate this comprehensive, thoughtful and detailed exploration of this area.Table of ContentsChapter 1: General Introduction to International Investment Law Chapter 2: The Law Relating to Aliens, the International Minimum Standard and State Responsibility Chapter 3: State Contracts and the Relevance of Investment Contract Arbitration Chapter 4: International Investment Agreements – History, Approaches, Schools The Evolution of the Regime of International Investment Agreements: History,Economics and Politics Chapter 5: Two Worlds, but Not Apart: International Investment Law and General International Law Chapter 6: The Scope of Application of International Investment Agreements Chapter 7: The Liberalisation of the International Movement of Capital and of International Investments Chapter 8: Standards of Protection Chapter 9: Restitution, Damages and Compensation Chapter 10: Obligations of Investors Chapter 11: Dispute Resolution Chapter 12: Political Risk Insurance and Financing of Foreign Direct Investment Chapter 13: Contemporary Issues and Outlook Chapter 14: The Future of International Investment Law

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Book SynopsisIntroduction.- “Open Strategic Autonomy” – Developments and Relevance.- The Internal Energy Market and Its Need for Protection.- Protecting the Internal Energy Market in a WTO-consistent Manner.- Conclusions.

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Book SynopsisIntroduction.- The Challenged Relationship Between Development and Human Rights in the Context of World Bank Group’s Operations.- Relevant Practice Concerning Indigenous Peoples in Public Sector Projects.- Relevant Practice Concerning Indigenous Peoples in Private Sector Projects.- The World Bank Group’s International Legal Obligations Regarding Indigenous Peoples’ Rights.- Final Remarks.

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Book SynopsisAn analysis of the challenges and opportunities facing the World Trade Organization. Papers address the WTO's institutional capacity, the resources available to the secretariat, policy issues facing the WTO, and the WTO's relationship with transition and developing countries.

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Book SynopsisAn account of the Uruguay Round which includes an examination of the historical context in which it took place, and an insider's assessment of the agreement's future impact on the international trading system. Implications for the political/economic relationships are also discussed.Table of ContentsPreface Prologue: Rendezvous at Punta 1: The Decade That Transformed World Trade 2: The Wobbly Bicycle, 1979-1982 3: Establishing the Agenda, 1983-1986 4: Specifying the Objectives, 1987-1988 5: The Road to Brussels, 1989-1990 6: Farm Subsidy Showdown, 1991-1992 7: Diplomatic and Political Endgames, 1993-1994 8: The Final Agreement: An Assessment 9: A Trade Agenda for the 1990s 10: The Brave New World Economic Order App. A. Chronology of Events App. B. Punta del Este Ministerial Declaration, Adopted September 20, 1986 App. C. Final Uruguay Round Agreement, Table of Contents App. D. Marrakesh Ministerial Decision on Trade and Environment, April 14, 1994 Notes Index

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Book SynopsisThe proliferation of foreign direct investment has raised questions about its impact upon local economies and politics. Here, seven scholars bring together their wide-ranging expertise to investigate the factors that determine the attractiveness of a locale to investors and the extent of their political power.

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