Public international law: economic and trade Books

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

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Book SynopsisThe present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.Table of ContentsPart I: Introduction - 1. Overview.- 2. The Historical Foundations of the Regulation of Indications of Geographical Origin.- 3. The Place of Indications of Geographical Origin in the Intellectual Property System.- 4. Fall and Decline.- Part II: European Union Law.- 5. European Union Protection System.- 6. Quality Schemes Regulation.- 7. Spirits Regulation.- 8. Single CMO Regulation.- 9. Aromatised Wines Regulation.- 10. Community Collective Mark.- 11. Indirect Protection System.- 12. Challenges for Further Development.- Part III: Impact on National Law of European Union Member States.- 13. Interrelation Between European Union Protection and National Protection.- 14. Liability aspects.- 15. Competence Aspects of Responsible State Institutions.

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Book SynopsisAn explosive investigation into how the United States of America built one of the largest illicit offshore finance systems in the world. For years, one country has acted as the greatest offshore haven in the world, attracting hundreds of billions of dollars in illicit finance tied directly to corrupt regimes, extremist networks, and the worst the world has to offer. But it hasn’t been the sand-splattered Caribbean islands, or even traditional financial secrecy havens like Switzerland or Panama that have come to dominate the offshoring world. Instead, the country profiting the most also happens to be the one that still claims to be the moral leader of the free world, and the one that claims to be leading the fight against the crooked and the corrupt: the United States of America. American Kleptocracy examines just how the United States’ implosion into a centre of global offshoring took place: how states such as Delaware and Nevada perfected the art of the anonymous shell company; how post-9/11 reformers watched their success usher in a new flood of illicit finance directly into the U.S.; how African despots and post-Soviet oligarchs came to dominate American coastlines, American industries, and entire cities and small towns across the American Midwest; how Nazi-era lobbyists birthed an entire industry of spin-men whitewashing transnational crooks and despots, and how dirty money has now begun infiltrating America’s universities, think tanks, and cultural centres; and how those on the frontline are trying to restore America’s legacy of anti-corruption leadership ― and finally end this reign of American kleptocracy. It also looks at how Trump’s presidency accelerated all of the trends already on hand ― and how the Biden administration can, and should, act on this tawdry inheritance.Trade Review‘Casey Michel cuts through the spin, to reveal the inner workings of the American economy. His writing has shown again and again the subterfuges and secrecy at the heart of how money moves through the financial system, and does it with panache, wit, and a blessed aversion to jargon. I always read his work, and can't wait to read this one.’ -- Oliver Bullough, author of the international bestseller Moneyland: the inside story of the crooks and kleptocrats who rule the world‘Casey is the foremost journalistic voice in the fight against kleptocracy. No other individual is so consistently on the case and interested in both the actors and the possible policy responses. His knowledge of the existential danger posed by kleptocracy is bar none, and we rely on his work like no one else to inform policy.’ -- Paul Massaro, Congressional Policy Advisor to US Helsinki Commission‘Michel masterfully recounts the tragicomic outcomes when outre autocrats meet serviceable financial and legal systems.’ -- Martin Sandbu * Financial Times *‘Remarkable and perspicacious … an important and eye-opening book.’ -- Bradley Hope, New York Times bestselling co-author of Billion Dollar Whale‘Remarkable and well-researched … Casey Michel shows how the U.S. has taken the top spot at the ease of doing illicit business legally.’ -- Katharina Pistor, author of Code of Capital‘An indefatigable young American journalist who has virtually cornered the international kleptocracy beat on the U.S. end of the black aquifer.’ * The Los Angeles Review of Books *‘Mr Michel builds his book around two characters, both prolific users of America’s financial-secrecy infrastructure, deftly weaving together their stories and his analysis.’ * The Economist *‘Clearly-written, compelling, and fast-paced … a clarion call for citizens and those at all levels of government who have not yet realised that we need to clean up our own act to protect ourselves from predatory adversaries.’ -- Fiona Hill, senior fellow at the Brookings Institution‘Casey Michel brings home the extent to which the United States has fuelled money laundering, corruption, and other crimes plaguing the world. His passionate writing comes from his outrage at what has gone on in our own backyard and his understanding of what is at stake, namely trillions of dollars hidden from our national treasury with help from U.S. banks. Readers will learn why it is critical for Americans to look inward and do more to stop the abuses here at home that are helping to power illicit finance around the world.’ -- Senator Carl Levin‘Rule-of-law democracies are engaged in a clash of civilisations against international criminals, kleptocrats, and corrupt politicians. Michel exposes the troubling role the U.S. has played in facilitating the dark economy and underscores the urgent need for transparency, reform, and accountability.’ -- Senator Sheldon Whitehouse‘If the right person writes the right book, and enough of the right people read it, incredible changes can take place. Casey Michel has written such a book. In the right hands, it could spur policy shifts in the U.S. that would have global ramifications.’ -- Jasmin Mujanovic, author of Hunger and Fury ‘Compelling and colourful … Casey Michel is one of the United States’ brightest emerging foreign policy thinkers — a scholar, journalist, and policy expert who has spent years chronicling the rise of globalised corruption in meticulous detail. In American Kleptocracy, he provides the definitive account of the defining threat of our era — weaving together an irresistible narrative with a bold but pragmatic agenda for reform that can end America’s complicity in foreign corruption.’ -- Nate Sibley head of Hudson Institute's Kleptocracy Initiative‘American Kleptocracy is essential reading to understand how the U.S. has become the global destination for dirty money. Michel exposes the international shell games that the super-wealthy and their professional enablers deploy to launder and stash cash. He exposes why this matters, as illicit funds disrupt local real estate markets and undermine honest economic activity.’ -- Chuck Collins, director of the Program on Inequality and the Common Good at the Institute for Policy Studies, and author of The Wealth Hoarders: how billionaires pay millions to hide trillions‘In this vitally important book, Casey Michel follows the money. He shows us how, and why, so much of it ends up in American luxury real estate, hedge funds, startups, and shell corporations. Compelling true-life stories, carefully marshaled statistics, and careful analysis combine to make Michel’s book the must-read account of one of the key challenges of our time.’ -- Dan Nexon, professor of Government and Foreign Service at Georgetown University, and co-author of Exit from Hegemony‘[Casey Michel is] owed a debt of gratitude by free people everywhere.’ -- Thor Halvorssen, president of the Human Rights Foundation‘Journalist Michel debuts with a blistering account of how greed, deregulation, and deliberate avoidance have enabled dictators and drug cartels to launder their illicit profits in the US … Through rigorous research and cogent prose, Michel builds a persuasive case that the influx of unregulated money decimates America’s industrial regions and poses a grave threat to democracy. This is a stunning portrait of avarice run amok.’ * Publishers Weekly *‘Michel’s clear prose helps make a complicated subject comprehensible, and leaves readers with some hope that financial corruption may not be so inevitable after all.’ * Booklist *‘[Michel] is a masterful storyteller who grips readers with truthful and disturbing accounts of outlandish schemes … eye-opening and comprehensive.’ * Library Journal *‘Michel, a dogged investigative reporter, is as knowledgeable as they come on financial corruption in and around the United States. In American Kleptocracy, he brings it all together … Michel makes a convincing case that there has never been an illicit financial system as robust and versatile as the one the US has created, a shadow economy servicing financiers, lobbyists, old money and the newly corrupted.’ * CrimeReads *‘[A] compact grenade of a book.’ -- Gideon Haigh * The Weekend Australian *

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Book SynopsisThis introductory textbook explores the key legal principles and institutions that underpin the global economy. Featuring discussion of the economic rationale and social impact of the various legal regimes, Professor David Collins explores the four main pillars in international economic law: international trade, international investment, monetary relations, and development. This concise textbook offers a comprehensive and accessible overview of the international legal frameworks and organizations that govern the economic relations among and between states and multinational enterprises. Collins highlights the leading cases of international tribunals and the most pressing debates, drawing attention to the role of law in balancing the goal of economic liberalization with important public interest values and the tension between sovereignty and commitment to international rules. This textbook outlines the historic rationales and contemporary roles of prominent international organizations, such as WTO, IMF and the World Bank, exploring the ways in which the global economy of the twenty-first century has been cultivated by a distinct and dynamic discipline within international law. Key features include: Further reading lists for each topic, pointing students towards useful sources for more in-depth study Provocative and challenging discussion questions to further critical thinking either in or outside of the classroom Diagrams aiding learning by presenting essential concepts in a clear, visual format. Foundations of International Economic Law is an essential guide for undergraduate and graduate students of international economic law.Trade Review'An informative and useful primer on international economic law (IEL). Written in an accessible style, Collins rises to the challenge of producing a survey book focusing on the key principles across the discipline. Students, academics and practitioners will appreciate how contemporary issues are used to reinforce these principles.' --Bryan Mercurio, The Chinese University of Hong Kong, Hong Kong'The amorphous field of international economic law has been in need of an up-to-date treatment for students, scholars and policymakers that brings its various interweaving strands together to make sense of current developments in historical context. David Collins has written that book.' --Tania Voon, Melbourne Law School, AustraliaTable of ContentsContents: 1. Introduction: historic context and rationales for international trade, foreign direct investment, monetary relations and development PART I INTERNATIONAL TRADE LAW 2. The World Trade Organization’s General Agreement on Tariffs and Trade: quotas, tariffs, non-discrimination, transparency and regionalism in international trade 3. Dispute resolution in international trade: the WTO Dispute Settlement Understanding and regional trade agreement dispute resolution 4. Subsidies, antidumping, safeguards and trade in services 5. General exceptions, health and safety, and intellectual property PART II INTERNATIONAL INVESTMENT LAW 6. Bilateral, regional and multilateral investment agreements 7. International investment agreements: standards of protection, compensation and exceptions 8. Dispute settlement in international investment law PART III INTERNATIONAL MONETARY LAW AND DEVELOPMENT 9. International monetary relations and the International Monetary Fund 10. International development and the World Bank Index

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Book SynopsisThis up-to-date and revised third edition offers a clear and comprehensive overview of the main principles, institutions and procedures related to foreign direct investment and the resolution of disputes. Suitable for both upper-level undergraduate and postgraduate courses on international investment protection, the book is firmly grounded within the wider public international law context. Key Features of the third edition: Incorporates extracts from and analysis of key recent decisions, including David Aven et al v. Costa Rica, Greentech Energy Systems et al v. Italy and Venezuela v. OI European Group Coverage is brought up to date with new discussion of revised investment treaty texts and new court system proposals Balanced and neutral engagement with both normative standards and critiques of the system encourages students to draw their own conclusions Provides concise descriptions of the legal principles followed by extracts from both classic and contemporary cases to enhance understanding of core concepts Contains detailed discussion notes and all new 'Questions to an Expert' to enable further classroom discussion and facilitate critical reflection on complex topics. The concise nature of the book and accessible writing style make this an ideal text for non-specialists and for single semester courses on international investment protection.Trade Review'In this new edition, Dr. Schefer has pulled off the seemingly impossible: an up-to-date, accessible yet scholarly introduction to international investment law that students and practitioners alike will find useful and informative. My students particularly appreciate the way she organizes the sometimes chaotic world of arbitral decisions into coherent, if competing, lines of doctrine and policy. As a researcher, this volume is my starting point when investigating a new aspect of investment law. She asks all the right questions and lays a solid foundation for future work. A tour de force.' --Frank J. Garcia, Boston College Law School, US'This new edition of Krista Nadakavukaren Schefer's International Investment Law provides a wealth of information for the newcomer to the field. It is refreshingly illustrated not only by case excerpts and other materials, but also by short interviews with new voices in international investment law. Overall, it provides a balanced view on one of the most controversial subfields of international economic law.' --August Reinisch, University of Vienna, AustriaTable of ContentsContents: Preface 1. Introduction to the study of international investment law 2. Sources of international investment law 3. Definitions 4. Expropriation 5. Standards of host state behaviour 6. Dispute settlement 7. Investment guarantees: political risk insurance Index

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Book SynopsisAfter the Second World War, the General Agreement on Tariffs and Trade (GATT) promoted trade liberalization to help make the world prosperous and peaceful. Francine McKenzie uses case studies of the Cold War, the creation of the EEC and other regional trade agreements, development, and agriculture, to show that trade is a primary goal of foreign policy, a dominant (and divisive) aspect of international relations, and a vital component of global order. She unpacks the many ways in which trade was politicised, and the layers of meaning associated with trade; trade policies, as well as disputes about trade, communicated ideas, hopes and fears that were linked to larger questions of identity, sovereignty, and status. This study reveals how the economic and political dimensions of foreign policy and international engagement intersected, showing that trade was not only instrumentalised in the service of particular policies or relations but that it was also an essential aspect of international relations.Trade Review'With trade protectionism on the rise today, it is vitally important to understand the origins of the post-World War II trading system. Francine McKenzie has written an insightful and illuminating study on the difficult past of the GATT that will be of great interest to historians, economists, and political scientists alike.' Douglas Irwin, Dartmouth College'GATT as 'the 'Cinderella of international organizations'? McKenzie's innovative study of GATT situates international trade in global politics and reminds us why the history of economics on an international scale matters. As the clock moves closer to midnight, GATT and Global Order helps us understand the paradoxes of the twentieth century international economic order, and how difficult it is to disentangle the fiscal tenets of asymmetrical globalization from the established virtues of international cooperation.' Glenda Sluga, University of Sydney/ European University Institute'This bold book brings into one place the issues, events, debates, policies, and people of the GATT during its half-century history. This is both a survey and an in-depth, multi-archival examination of a major institution – a truly amazing undertaking with results that are oftentimes breath-taking in their scope.' Tom Zeiler, University of Colorado Boulder'International historian Francine McKenzie has consulted numerous primary sources around the world, as well as secondary sources, to write an account of this important trade policy institution. Organized around four broad themes - the Cold War, regionalism, development, and agriculture - the study shows and analyses what negotiators and policy makers thought, behind the often bland or triumphant compromise public statements.' James Foreman-Peck, EH.net (Economic History Association)Table of ContentsIntroduction: GATT in World Affairs; 1. Accidental Organization: Origins and Early Years of GATT; 2. 'An Arrow in the Western World's Quiver': The Cold War Challenge to GATT; 3. 'Take It or Leave It': The EEC Challenge to GATT; 4. 'Spread Like the Plague': The Regional Challenge to GATT; 5. 'Rich Man's Club': The Development Challenge to GATT; 6. 'Agricultural Anarchy': The Agriculture Challenge to GATT; Conclusion: The Embattled History of GATT.

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Book SynopsisThe North American Free Trade Agreement (NAFTA) and the Agreement on Internal Trade (AIT) were designed to strengthen investor's rights at the expense of community rights and environmental protection. Both deals have achieved their aims. This title provides an examination of NAFTA and AIT cases involving MMT.Trade ReviewTrade Barriers to the Public Good brings a rigorous and refreshing moral perspective to bear on the policy implications of trade treaty provisions. Scott Sinclair, Canadian Centre for Policy Alternatives

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Book SynopsisVolume 19 of the ICSID Reports includes summaries, digests and excerpts of decisions rendered between 2004 and 2016 in 21 cases involving States from across Africa, Asia, Europe and the Americas, reflecting the breadth of contemporary practice on the meaning of investment under Art. 25 of the ICSID Convention.Table of ContentsMitchell v. Democratic Republic of Congo (ICSID Case No. ARB/99/7) Summary and digest by Tom Cameron and Yasmine El Achkar, White & Case LLP, Award, 9 February 2004, Paras. 40–57, Dissenting Opinion of Yawovi Agboyibo, 23 January 2004, paras. 6–23, Decision on the Application for Annulment of the Award, 1 November 2006, paras. 25 and 27–41; Malaysian Historical Salvors Sdn, Bhd v. Government of Malaysia (ICSID Case No. ARB/05/10), Summary and digest by Marinn Carlson and Alex Young, Sidley Austin LLP, Award on Jurisdiction, 17 May 2007, paras. 54–148, Decision on the Application for Annulment, 16 April 2009, paras. 56–82, Dissenting Opinion of Judge Mohamed Shahabuddeen, 16 April 2009, paras. 1–65; Bayview Irrigation District et al. v. United Mexican States (ICSID Case No. ARB(AF)/05/1), Summary and digest by Kyongwha Chung, Covington & Burling LLP, Award, 19 June 2007, paras. 81–124; Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania (ICSID Case No. ARB/05/22), Summary and digest by Zachary Kady and Sam Berman, Gibson Dunn & Crutcher, LLP, Award, 24 July 2008, paras. 307–22; Quasar de Valors SICAV S.A., Orgor de Valores SICAV S.A, GBI 9000 SICAV S.A. and Alos 34 S.L. v. Russian Federation (SCC Case No. 24/2007), Summary and digest by Claudia Frutos-Peterson and Belén María Ibañez, Curtis, Mallet-Prevost, Colt & Mosle LLP, Award on Preliminary Objections, 20 March 2009, paras. 135–47; Phoenix Action, Ltd. v. Czech Republic (ICSID Case No. ARB/06/5), Summary and digest by Jaime Gallego, LALIVE, Award, 15 April 2009, paras. 74–147; Romak S.A. (Switzerland) v. Republic of Uzbekistan (PCA Case No. AA280), Summary and digest by Patricio Grané Labat and Isabelle Wenger, Arnold & Porter, Award, 26 November 2009, paras. 173–243; Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20), Summary and digest by Antón Vieito Baqueiro and André del Solar Garzón, Uría Menéndez Abogados SLP, Award, 14 July 2010, paras. 89–149; Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11), Summary and digest by Alexander Ferguson, University of Cambridge, Award, 1 December 2010, paras. 41–57; HICEE B.V. v. Slovak Republic (PCA Case No. 2009-11), Summary and digest by Andrew Cannon and Hannah Ambrose, Herbert Smith Freehills LLP, Partial Award, 23 May 2011, paras. 100–47, Dissenting Opinion of Charles N Brower, 23 May 2011, paras. 5–42; Abaclat and Others (Case Formerly Known as Giovanna A Beccara and Others) v. Argentine Republic (ICSID Case No. ARB/05/10), Summary and digest by Christina Cathey Schuetz, Clifford Chance LLP, Decision on Jurisdiction and Admissibility, 11 August 2011, paras. 343–87, Dissenting Opinion Professor Georges Abi-Saab, 28 October 2011, paras. 34–119; Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12), Summary and digest by Eduardo Silva Romero, David L Attanasio, Rose Marie Wong and Panos Theodoropoulos, Dechert LLP, Award, 5 June 2012, paras. 339–62; Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2), Summary and digest by Bruno Gélinas-Faucher, University of Cambridge, Award, 31 October 2012, paras. 283–312, Dissenting Opinion of Makhdoom Ali Khan, 23 October 2012, paras. 6–75; Standard Chartered Bank v. United Republic of Tanzania (ICSID Case No. ARB/10/12), Summary and digest by Oliver Hailes, University of Cambridge, Award, 2 November 2012, paras. 196–270; Ambiente Ufficio S.P.A. and Others v. Argentine Republic (ICSID Case No. ARB/08/9), Summary and digest by Adrien Canivet, Linklaters LLP, Decision on Jurisdiction and Admissibility, 8 February 2013, paras. 415–520, Dissenting Opinion of Santiago Torres Bernárdez, 2 May 2013, paras. 146–330; AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16), Summary and digest by Constantinos Salonidis and Diem

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Book SynopsisThis book provides comprehensive, in depth analysis of the different sets of rules of origin adopted by major trading partners, namely EU, US, China and Japan and all trading regions - Asia, Africa and Latin America. It discusses the current status of non-preferential as well as preferential rules of origin in international trade, their evolution over last decades and tendencies for the future. With its multidisciplinary approach, the book''s contents provide legal and economic comparative analysis of different sets of rules origin, reviewing their drafting differences and their implications and impact on industrial and investment environments. Drawing from the thirty years'' experience of the Author, the book provides insights from trade negotiations along with practical tools for policy makers and practitioners, orientation for the private sector and analytical tools for researchers. A new methodology to draft product specific rules of origin based on an input-output table elaboratedTable of ContentsPreface; Abbreviations; 1. Efforts to establish multilateral rules; 2. The Uruguay round agreement on rules of origin: the harmonization work programme of non-preferential rules of origin; 3. Preferential rules of origin; 4. The economics of rules of origin; 5. Experiences in drafting preferential rules of origin in GSP schemes, Africa, Asia and Latin America; 6. Drafting rules of origin; 7. The administration of rules of origin.

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

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Book SynopsisThe post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.Table of Contents1. Introduction; 2. Cooperation narratives and theoretical divergences; 3. Developing countries' love-hate relationship with neoliberalism; 4. Seeking a new balance of rights and obligations in international investment law; 5. Emerging economies, developmental strategies, and trade standards: the search for alternative space; 6. Emerging economies and the future of the global trade and investment regime.

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Book SynopsisTechnical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort andenablenew market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses onkey areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.Trade Review'Judging by its impressive bibliography of almost thirty pages, this book, with its illuminating commentary, is obviously the result of careful and extensive research and therefore a valuable investigative tool for practitioners, judges and academics keen to enhance their understanding of this particularly fascinating and fast developing area of law.' Elizabeth Robson and Phillip Taylor, The Barrister'This book is useful for researchers, practitioners, post-graduate students, lawyers, judges, policy makers, and most importantly to all those who are involved in communication standardization activities in any capacity.' Mubashir Husain Rehmani, IEEE Communications MagazineTable of ContentsIntroduction Jorge L. Contreras; Part I. Standardization and the State: 1. International trade law and technical standardization Panagiotis Delimatsis; 2. Government use of standards in the US and abroad Emily S. Bremer; Part II. Standardization, Health, Safety and Liability: 3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton; 4. Tort liability for standards development in the United States and European Union Paul Verbruggen; Part III. Copyright and Standards: 5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto; 6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner; 7. Public law, European constitutionalism and copyright in standards Björn Lundqvist; 8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki; Part IV. Standards and Software: 9. Open standards Jay P. Kesan; 10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec; 11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos; Part V. Trademarks, Certification and Standards: 12. Trademarks, certification marks and technical standards Jorge L. Contreras; 13. The unregulated certification mark(et) Jeanne C. Fromer; 14. The certification paradox Jonathan M. Barnett.

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Book SynopsisNo area of law and policy is more central to our well-being than housing, yet research on the topic is too often produced in disciplinary or methodological silos that fail to connect to policy on the ground. This pathbreaking book, which features leading scholars from a range of academic fields, cuts across disciplines to forge new connections in the discourse. In accessible prose filled with cutting-edge ideas, these scholars address topics ranging from the recent financial crisis to discrimination and gentrification and show how housing law and policy impacts household wealth, financial markets, urban landscapes, and local communities. Together, they harness evidence and theory to capture the ''state of play'' in housing, generating insights that will be relevant to academics and policymakers alike. This title is also available as Open Access.Table of ContentsIntroduction Lee Anne Fennell and Benjamin J. Keys; Part I. Housing and the Metropolis: Law and Policy Perspectives: 1. The rise of the homevoters: how the growth machine was subverted by OPEC and Earth day William A. Fischel; 2. How land use law impedes transportation innovation David Schleicher; 3. The unassailable case against affordable housing mandates Richard A. Epstein; Part II. Housing as Community: Stability, Change, and Perceptions: 4. Balancing the costs and benefits of historic preservation Ingrid Gould Ellen and Brian J. McCabe; 5. Historic preservation and its even less authentic alternative Lior Jacob Strahilevitz; 6. Losing my religion: Church condo conversions and neighborhood change Georgette Chapman Phillips; 7. How housing dynamics shape neighborhood perceptions Matthew Desmond; Part III. Housing as Wealth Building: Consumers and Housing Finance: 8. Behavioral leasing: renter equity as an intermediate housing form Stephanie M. Stern; 9. Housing, mortgages, and retirement Christopher Mayer; 10. The rise and (potential) fall of disparate impact lending litigation Ian Ayres, Gary Klein and Jeffrey West; Part IV. Housing and the Financial System: Risks and Returns: 11. Household debt and defaults from 2000 to 2010: the credit supply view Atif Mian and Amir Sufi; 12. Representations and warranties: why they did not stop the crisis Patricia A. McCoy and Susan Wachter; 13. When the invisible hand isn't a firm hand: disciplining markets that won't discipline themselves Raphael W. Bostic and Anthony W. Orlando.

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Book SynopsisThis Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.Trade Review'This Handbook is a collaborative effort by the authors to identify, through engagement with various stakeholders, the best practices in treaty-making. It is a comprehensive guide providing expertise on each stage of a treaty's lifespan including, reservation, ratification, amendments, etc. It condenses highly technical information into an accessible framework, making it an indispensable resource, not only for treaty experts, diplomats and administrators, but also lawyers, academics and students delving into the intricacies of treaty practice.' Gabrielle Marceau, Université de Genève and the World Trade Organization Senior Counsellor'This Handbook will be of great practical importance. It does not just assemble rules, practices and clauses in order to illustrate the life of international treaties. It delivers much more: it is a Manual on good treaty practice, designed to educate those in the front line of treaty work on how to handle everything they might come across in their job not only in a correct, but in an optimal way. The scope and depth of the Handbook are truly impressive without being intimidating; the language is clear and the many examples are well-chosen. The work lives up to the – Plato – standard it itself sets for treaty practice: professional, legal, assured, transparent, organised.' Bruno Simma, Former Member of the International Law Commission and of the International Court of Justice, Judge at the Iran-United States Claims Tribunal (The Hague)'This remarkable book provides a unique and insightful account of all aspects of treaty practice and as such will not only be essential reading for government officials whose work relates to treaties, but will also be of considerable interest to international law practitioners and academics.' Dan Sarooshi, Essex Court Chambers and University of Oxford'Treaty law is a very important component of international law. Diplomats, government legal advisers and legal practitioners are frequently engaged in the process of making, interpreting and implementing treaties. They will find this Handbook an indispensable guide to good treaty practice.' Tommy Koh, Ambassador-at-Large, Ministry of Foreign Affairs, SingaporeTable of Contents1. Introduction to good treaty practice; 2. Organising treaty work in governments and international organisations; 3. Treaties and other kinds of international instruments; 4. Managing and using treaty collections; 5. Making a new treaty (negotiation, drafting, production); 6. Preparing to become party to a treaty; 7. Becoming party to a treaty – consent to be bound and entry into force; 8. Continuing engagement with the treaty throughout its life; 9. Ending treaty relations; 10. Future of treaty practice.

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Book SynopsisIn this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainabTrade Review'Amrita Narlikar is the most insightful scholar of political economy in international trade relations today, with a unique focus on the place of developing countries in them. This volume will become a classic that we will read with profit and pleasure for years to come.' Jagdish Bhagwati, Columbia University, New York, and author of In Defense of Globalization'Material interests matter but Amrita Narlikar shows with clarity and insight that economic narratives, the stories we tell, are just as important. This book is both an important methodological intervention with wide application and a significant contribution to understanding the role of poverty in shaping trade policy.' Martin Daunton, Emeritus Professor of Economic History, University of Cambridge'Amrita Narlikar explains how poor countries can turn apparent political disadvantages to their own benefit in international negotiations. With accessible prose and convincing empirical evidence, she demonstrates the importance of seizing systemic opportunities, shaping background narratives, and knowing just how far to push. Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond is both an original scholarly analysis and an elegant primer for practitioners.' Louis W. Pauly, University of Toronto'Powerlessness is not all it seems. Amrita Narlikar offers a compelling new take on the uses and abuses of poverty and power in global politics.' Louise Fawcett, Head of the Department of Politics and International Relations, University of Oxford'This book challenges each of us. It surprises, defies, and provokes. In questioning our assumptions about power and powerlessness, it calls for a more lucid and creative posture towards who we are and who they are supposed to be.' Valerie Rosoux, FNRS, University of Louvain, author of Negotiating Reconciliation in Peacemaking'This is one of those books that will force casual observers of international trade politics to rethink their priors.' Daniel Drezner, The Washington Post'Ultimately, this is a book that uses the prism of the 'poverty/powerlessness' narratives to capture the many power shifts and struggles defining this moment in history, from the redistribution of power across states all the way to the gender, race and intergenerational challenges that have achieved an acute salience in our lifetime. It is remarkable that Narlikar has managed to elegantly connect such a wide span of topics within a relatively succinct book.' Henrique Choer Moraes, International Affairs'Narlikar's latest book shows how perceived weakness can be overcome; she conducts careful factual research to produce her findings, in this original, useful, and valuable study.' I. William Zartman, Jacob Blaustein Distinguished Professor Emeritus, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington, DC'… essential reading …' Charles B. Roger, Global Policy JournalTable of Contents1. Introduction: poverty narratives and power paradoxes; 2. The disempowered many: when the weak suffered what they must; 3. Winning against the odds: a growing empowerment; 4. When fair is foul and foul is fair: overuse and misuse of the poverty narrative; 5. Conclusion: how to sustain the power of the powerless and build winning narratives.

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Book SynopsisIn this work, Amrita Narlikar argues that, contrary to common assumption, modern-day politics displays a surprising paradox: poverty - and the powerlessness with which it is associated - has emerged as a political tool and a formidable weapon in international negotiation. The success of poverty narratives, however, means that their use has not been limited to the neediest. Focusing on behaviours and outcomes in a particularly polarising area of bargaining - international trade - and illustrating wider applications of the argument, Narlikar shows how these narratives have been effectively used. Yet, she also sheds light on how indiscriminate overuse and misuse increasingly run the risk of adverse consequences for the system at large, and devastating repercussions for the weakest members of society. Narlikar advances a theory of agency and empowerment by focusing on the life-cycles of narratives, and concludes by offering policy-relevant insights on how to construct winning and sustainabTrade Review'Amrita Narlikar is the most insightful scholar of political economy in international trade relations today, with a unique focus on the place of developing countries in them. This volume will become a classic that we will read with profit and pleasure for years to come.' Jagdish Bhagwati, Columbia University, New York, and author of In Defense of Globalization'Material interests matter but Amrita Narlikar shows with clarity and insight that economic narratives, the stories we tell, are just as important. This book is both an important methodological intervention with wide application and a significant contribution to understanding the role of poverty in shaping trade policy.' Martin Daunton, Emeritus Professor of Economic History, University of Cambridge'Amrita Narlikar explains how poor countries can turn apparent political disadvantages to their own benefit in international negotiations. With accessible prose and convincing empirical evidence, she demonstrates the importance of seizing systemic opportunities, shaping background narratives, and knowing just how far to push. Poverty Narratives and Power Paradoxes in International Trade Negotiations and Beyond is both an original scholarly analysis and an elegant primer for practitioners.' Louis W. Pauly, University of Toronto'Powerlessness is not all it seems. Amrita Narlikar offers a compelling new take on the uses and abuses of poverty and power in global politics.' Louise Fawcett, Head of the Department of Politics and International Relations, University of Oxford'This book challenges each of us. It surprises, defies, and provokes. In questioning our assumptions about power and powerlessness, it calls for a more lucid and creative posture towards who we are and who they are supposed to be.' Valerie Rosoux, FNRS, University of Louvain, author of Negotiating Reconciliation in Peacemaking'This is one of those books that will force casual observers of international trade politics to rethink their priors.' Daniel Drezner, The Washington Post'Ultimately, this is a book that uses the prism of the 'poverty/powerlessness' narratives to capture the many power shifts and struggles defining this moment in history, from the redistribution of power across states all the way to the gender, race and intergenerational challenges that have achieved an acute salience in our lifetime. It is remarkable that Narlikar has managed to elegantly connect such a wide span of topics within a relatively succinct book.' Henrique Choer Moraes, International Affairs'Narlikar's latest book shows how perceived weakness can be overcome; she conducts careful factual research to produce her findings, in this original, useful, and valuable study.' I. William Zartman, Jacob Blaustein Distinguished Professor Emeritus, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington, DC'… essential reading …' Charles B. Roger, Global Policy JournalTable of Contents1. Introduction: poverty narratives and power paradoxes; 2. The disempowered many: when the weak suffered what they must; 3. Winning against the odds: a growing empowerment; 4. When fair is foul and foul is fair: overuse and misuse of the poverty narrative; 5. Conclusion: how to sustain the power of the powerless and build winning narratives.

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Book SynopsisIn the international trade and development arena, new and developing economies have created a block that is known as BRICS - Brazil, Russia, India, China and South Africa. Initially conceived to drive global change through economic growth, the financial crisis and reversal of fortunes of the BRICS nations have raised questions about their ability to have an impact on the governance of global affairs. This book explores the role of law in various areas of BRICS cooperation including: trade, investment, competition, intellectual property, energy, consumer protection, financial services, space exploration and legal education. It not only covers the specifics of each of the BRICS nations in the selected areas, but also offers innovative and forward-looking perspectives on the BRICS cooperation and their contribution to the reform of the global governance networks. This is a unique reference book suitable for academics, government officials, legal practitioners, business executives, researcTrade Review'The authors' aim is to contribute to the understanding not only of the law's role in the BRICS countries but also of law's constructive role in various frameworks of cooperation at the multilateral or global level.​ The book illustrates the mission of law and legal frameworks in theory and in practice of BRICS activities and highlights what law means for the BRICS countries' successful cooperation.' Maria Novoselova, BRICS Law Journal'The book contributes to the general understanding of the BRICS and their role in the global economic governance, introduces the methodological framework for the BRICS-related legal research, and provides a future outlook on BRICS legal co-operation in various areas. It introduces concrete proposals concerning the enhancement of the role of law in BRICS co-operation and their participation in various multilateral co-operation frameworks.' Zhang Han, International Trade Law and Regulation'This book advocates 'BRICS for bridges not walls' and closes a gap in scholarship and academic debate by providing a (not yet duly considered) legal perspective of BRICS cooperation - one of the many reasons it deserves to be read. This book is a very interesting read, a worthwhile acquisition and a unique reference book for academics, government officials, legal practitioners, researchers and students who work in the area of global governance.' Franziska Sucker, Potchefstroom Electronic Law Journal'The book is a real treasure that will appeal to many lawyers, including legal scholars and legal practitioners interested in a better understanding and wider knowledge of the legal aspects of the BRICS cooperation.' Mateja Durovic, Chinese Journal of Comparative Law'Only on the basis of a legal foundation can BRICS continue its evolution towards an ever-more cooperative, interrelated, and ultimately maybe even integrated community of states. Pointing this out most clearly and providing illuminating and inspiring insight into the complexities of the BRICS realities, the book provides an invaluable resource and reference for scholars, practitioners, and anybody interested in international and global governance - under a political, an economic, and most importantly: a legal perspective.' Tim W. Dornis, European Review of Private LawTable of ContentsIntroduction; 1. The enantiosis of BRICS: BRICS la[w]yers and the difference that they can make; 2. Diversity and intra-BRICS trade: patterns, risks and potential; 3. Defending trade multilateralism: the BRICS countries in the World Trade Organization's Dispute Settlement Mechanism; 4. The BRICS investment framework: catching up with trade; 5. China-Africa and the BRICS: an insight into the development cooperation and investment policies; 6. Global fragmentation of competition law and BRICS: adaptation or transformation?; 7. Intellectual property negotiations, the BRICS factor and the changing North-South debate; 8. BRICS in the emerging energy trade debate; 9. The BRICS bank: on the edge of international economic law and the new challenges of twenty-first-century capitalism; 10. The political economy challenges of financial regulation in BRICS economies: a case study of capital markets regulation in India; 11. Contract law in the BRICS countries: a comparative approach; 12. Consumer protection law in BRICS and their future cooperation; 13. A dispute resolution centre for the BRICS?; 14. Legal and policy aspects of space cooperation in the BRICS region: inventory, challenges and opportunities; 15. For a BRICS agenda on culture and the creative economy; 16. Making lawyers in BRICS: histories, challenges, and strategies for legal education reform.

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Book SynopsisPanels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.Table of ContentsPart I. Introduction: Principle features of the ASCM and intervention logic; Negotiating history of the ASCM; Relationship with GATT 1994, other agreements and relevance of municipal law; Part II. Commentary: 1. General provisions; 2. Prohibited subsidies; 3. Actionable subsidies; 4. Non-actionable subsidies; 5. Countervailing measures; 6. Institutions; 7. Notification and surveillance; 8. Developing country members; 9. Transitional arrangements; 10. Dispute settlement; 11. Final provisions; Part III. Appendices.

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Book SynopsisA unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary''s structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.Table of ContentsPart I. Introduction; Part II. Article 1 – Principles; Part III. Article 2 – Determination of Dumping; Part IV. Article 3 – Determination of Injury; Part V. Article 4 – Definition of Domestic Industry; Part VI. Article 5- – Initiation and Subsequent Investigation; Part VII. Article 6 – Evidence; Part VIII. Article 7 – Provisional Measures; Part IX. Article 8 – Price Undertakings; Part X. Article 9 – Imposition and Collection of Anti-Dumping Duties; Part XI. Article 10 – Retroactivity; Part XII. Article 11 – Duration and Review of Anti-Dumping Duties and Price Undertakings; Part XIII. Article 12 – Public Notice and Explanation of Determinations; Part XIV. Article 13 – Judicial Review; Part XV. Article 14 – Anti-Dumping Action on Behalf of a Third Country; Part XVI. Article 15 – Developing Country Members; Part XVII. Article 16 – Committee on Anti-Dumping Practices; Part XVIII. Article 17 – Consultation and Dispute Settlement; Part XIX. Article 18 – Final Provisions.

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Book SynopsisThe Crisis behind the Euro-Crisis encourages dialogue among scholars across the social sciences in an attempt to challenge the narrative that regarded the Euro-crisis as an exceptional event. It is suggested instead that the Euro-crisis, along with the subsequent crises the EU has come to face, was merely symptomatic of deeper systemic cracks. This book''s aim is to uncover that hidden systemic crisis - the ''crisis behind the Euro-crisis''. Under this reading it emerges that what needs to be questioned is not only the allegedly purely economic character of the Euro-crisis, but, more fundamentally, its very classification as an ''emergency''. Instead, the Euro-crisis needs to be regarded as expressive of a chronic, dysfunctional, but ''normal'' condition of the EU. By following this line of analysis, this book illuminates not only the causes of contemporary turbulences in the European project, but perhaps the ''true'' nature of the EU itself.Table of ContentsIntroduction: the elephant in the room: a tale of crisis Eva Nanopoulos and Fotis Vergis; 1. There is no (legal) alternative: codifying economic ideology into law Ben Farrand and Marco Rizzi; Part I. The Crisis as a Crisis of the EU's Identity: 2. The roots of the European crisis: a historical perspective Charalambos Kouroundis; 3. The end of self-fulfilling Europe Hent Kalmo; 4. The authoritarian neoliberalism of the EU: legal form and international politico-economic sources Magnus Ryner; Part II. The Crisis as a Crisis of the EU's Political and Democratic Legitimacy: 5. Authoritarian liberalism: the conjuncture behind the crisis Michael Wilkinson; 6. The inherently undemocratic EU democracy: moving beyond the 'democratic deficit' debate Eva Nanopoulos and Fotis Vergis; 7. Europe and constituent powers: ruptures with the neoliberal consensus? Maria Tzanakopoulou; 8. 'Who's afraid of the European demos?': the uneasy relationship between the European Union and referendums Elia Alexiou; 9. Can public and voluntary acts of consent confer legitimacy on the EU? Ozlem Ulgen; Part III. The Crisis as a Crisis of the EU's Economic Model: 10. The fiscal compact: a paradoxical fiscal governance machine Vanessa Bilancetti; 11. The rise of unaccountable governance in the Eurozone Gunnar Beck; 12. Unification from above, its contradictions and the conjuncture initiated by the Eurozone crisis Christakis Georgiou; Part IV. The Crisis as a Crisis of the EU's Social Character: 13. A tale of two documents: the eclipse of the social democratic constitution Alan Bogg and K. D. Ewing; 14. How to analyse a supranational regime that nationalises social conflict? The European crisis, labour politics and methodological nationalism Roland Erne; 15. Which refugee crisis? On the proxy of the systemic Euro-crisis and its spatialities Dimitris Dalakoglou; Part V. Joining the Dots and the Way Forward: 16. The European crisis of economic liberalism: can the law help? Michelle Everson; 17. With time to prepare: planning an exit from the EMU Costas Lapavitsas; 18. Brexit and the imperial constitution of Europe Alex Callinicos; Conclusion Eva Nanopoulos and Fotis Vergis.

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Book SynopsisThis book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a ''normative'' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the ''remnants'' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this ''new'' role of the home state in foreign investment disputes a ''return'' to diplomatic protection of its nationals, or are we witnessing something different?Trade Review'Whilst the role the state in the current debate on ISDS focuses on the role of host states, Rodrigo Polanco brilliantly reverses the prospect. Rigorously researched, the thorough legal analysis addresses the policy factors involved with a highly balanced sensibility. An essential read for all those who wish to acquire an intelligent and comprehensive view on the legitimacy and the prospects for reform of ISDS at the time of sovereignism.' Attila M. Tanzi, Università di Bologna and Associate Member of 3VB Chambers'This book highlights the nearly-forgotten 'other' player in the investor-state dispute settlement context: the home state. Backing his claims with both historical and empirical data, the author's analysis of the influence of the host state on the results of investor-state arbitrations through the centuries is elegantly convincing. Creative as well as informative, even readers well-acquainted with the subject of investment arbitration will enjoy reconsidering conventional wisdom in light of this volume's findings.' Krista Nadakavukaren Schefer, Swiss Institute of Comparative Law'Through a comprehensive historical analysis, this book introduces an innovative approach to the settlement of disputes from the perspective and main concerns of foreign investors' home States. The author deals with key legal features of the institution of diplomatic protection and describes home States' attitudes to regaining control of investment treaties and treaty interpretation. The book represents a valuable contribution to monitoring actual as well as future tensions among the main players in investor-state disputes.' Raúl Vinuesa, Universidad de Buenos Aires'In this important and engaging book, Polanco explores the history of investor state disputes and asks whether there is a revival of remnants of diplomatic protection. He demonstrates that home states are reclaiming control of investor-state dispute settlement but that this is a return of the state in a different way. This book is an impressive contribution to understanding the changing nature of investor state dispute settlement.' Andrew Newcombe, University of Victoria and Investment Treaty Arbitration'… beyond recommending this book for being well documented and sustaining an interesting thesis and several proposals worthy of discussion, it must be praised for its optimism and its constructive approach.' Yves Derains, The Journal of World Investment & Trade (JWIT)'This well researched book successfully attempts to analyse a trend which significantly shapes today's international investment law in a comprehensive way and from various perspectives. It will be definitely of value to academics and practitioners of international economic law, as well as those interested in an evidence of current state practice with regard to protection of economic interests of their subjects abroad.' Ondřej Svoboda, Transnational Dispute ManagementTable of ContentsIntroduction; 1. The age of diplomatic protection of foreign investors; 2. The rise and backlash against investor-state arbitration; 3. Home states and the prevention of investment disputes; 4. Home state role in ISDS together with the host state; 5. Unilateral home state participation in ISDS; 6. Current and future role of diplomatic protection in investment disputes; 7. Home state limitations on diplomatic protection; Conclusion.

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Book SynopsisNo area of law is growing as fast and courting as much controversy as international investment law. Much of this controversy stems from its design, as obligations are placed on host states, but not investors. This book reveals how host states can hold investors accountable for their negligence and misconduct.Trade Review'This is a serious piece of scholarship which will be consulted, challenged and referred to in the future by academics and practitioners in the area.' Elena Blanco, Manchester Journal of International Economic Law'Dr Jarrett's book presents a deep intellectual conceptualisation of vexed issues in contributory fault and investor misconduct in investment arbitration. It sets the rules on sound foundation, clarifies the myriad of confusion, and shines a light through the difficulties that have plagued the relevant questions. Consequently, it should be of great use to a variety of actors dealing with this field.' Emmanuel Laryea, ICSID Review'Jarrett's efforts to bring clarity and consistency to this developing area of investment law should be applauded.' George von Mehren and Mark Stadnyk, Journal of World Investment and Trade'… the book offers a thought-provoking contribution to the literature on international investment law. It provides a rich, novel, and interesting study of how investor misconduct ought to factor into the analysis of State responsibility in investor-State arbitration claims. Jarrett offers rules that could conceivably form a basis for future debate and reforms, underpinned by a detailed and nuanced discussion that grapples with the structure, content and implications of such rules for investment claims.' Esmé Shirlow, European Journal of International Law'His book is not only a critique of existing doctrine and practice but also a bold proposal for reform, including concrete solutions in the form of ready-to-use rules for apportionment … It is hoped that future disputants, armed with Jarrett's proposals, will encourage tribunals to refine their approach to these matters.' Johannes Fahner, Arbitration International'… a creative inspiration for anyone thinking broadly and conceptually about contributory fault and investor misconduct in investment arbitration.' Markus P. Beham, European Yearbook of International Economic LawTable of Contents1. A schematic of international investment law; 2. A definition of defence; 3. A theory of causation for international investment law; 4. Mismanagement; 5. Investment reprisal and post-establishment illegality; 6. A restatement of contributory fault and investor misconduct in international investment law.

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Book SynopsisDrawing upon Fernando Piérola-Castro''s extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.Table of Contents1. General provision; 2. Conditions; 3. Investigation; 4. Determination of serious injury or threat of serious injury; 5. Application of safeguard measures; 6. Provisional measures; 7. Duration and review of safeguard measures; 8. Level of concessions and other obligations; 9. Developing country members; 10. Pre-existing article XIX measures; 11. Prohibition and elimination of certain measures; 12. Notification and consultations; 13. Surveillance; 14. Dispute settlement.

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Book SynopsisThis book analyzes current challenges and opportunities for the global trading system. It maps scenarios for sustainable global economic governance in ways that could transform the system as we know it.Trade Review'The WTO is not living its best moments, and what this book does better than any other volume is to highlight the reasons why this has been the case. By highlighting the concerns that have not been addressed, the voices that have not been heard, as well as the faux pas taken by those in charge, this volume offers an unparalleled collection of well-thought papers that should find their way to the desk of every policymaker steering the world trading system these days.' Petros C. Mavroidis, Edwin B. Parker Professor of Foreign & Comparative Law, Columbia University, New YorkTable of Contents1. Introduction: current challenges and future scenarios Manfred Elsig, Michael Hahn and Gabriele Spilker; Part I. New and Old Challenges: 2. The elephant in the negotiation room: PTAs through the eyes of citizens Quynh Nguyen and Gabriele Spilker; 3. Corporate strategy in times of anti-trade sentiment: current challenges and future scenarios Jappe Eckhardt and Louise Curran; 4. Understanding and shaping trade rules for the digital era Mira Burri; 5. The need for better disciplines on rules of origins in the WTO: evidence from NAFTA Caroline Freund; 6. For whom the bell tolls: the WTO's third decade Michael Hahn; Part II. Trade Policy and Trade-Related Concerns: 7. Reconceiving trade agreements for social inclusion Gregory Shaffer; 8. Our alarming climate crisis demands border adjustments now John Odell; 9. The multilateralization of PTAs' environmental clauses: scenarios for the future? Jean-Frédéric Morin, Clara Brandi and Axel Berger; 10. The trend to more and stricter non-trade issues in preferential trade agreements Lisa Lechner; Part III. Development Angles: 11. The trade-migration nexus from a multilevel perspective Flavia Jurje and Sandra Lavenex; 12. Trips implementation in developing countries: likely scenarios to 2025 Omar Serrano and Mira Burri; 13. Investment promotion and facilitation for LDCs Rodrigo Polanco Lazo and Azernoosh Bazrafkan; Part IV. Diffusion across Economic Treaties: 14. Heading for divorce? Investment protection rules in free trade agreements Wolfgang Alschner; 15. The regime complex for investment governance: overlapping provisions in PTAs and BITs Soo Yeon Kim and Clara Lee; 16. Asian Trade agreements in services: filling form with content Mark Manger.

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Book SynopsisThe book develops the law of political economy as a new field of scholarly enquiry. Based on empirical insights from a wide range of areas, it provides a novel conceptual framework for studying conflicts and challenges in political economy contexts while outlining the contours of a new law of political economy.Trade Review'What emerges from the contributions is that political economy not only involves the economy in its narrow sense and the institutional political field but also extends to our view of the social and ecological worlds and the central role played by law in these contexts.' Horatia Muir Watt, Revue Critique de Droit International Privé'By exploring some of the regulatory challenges of the globalizing economy from interdisciplinary, albeit mainly European perspectives, the [book] can inspire American and European academics and practitioners in elaborating common responses to the regulatory challenges of authoritarian power politics and multilevel governance of global public goods in the rapidly changing context of climate change, global health pandemics, and obvious governance failures.' Ernst-Ulrich Petersmann, The Journal of International Economic Law'… this collection provides a valuable foundation for understanding law and political economy.' S. Prisco III, Choice'Although scholars on both left and right often view law as only an epiphenomenon of political economy, this dynamic and multifaceted collection of essays persuasively suggests the opposite: law and political economy mutually constitute each other. Law therefore inevitably reflects, reinforces, restrains, reproduces and resists the driving forces of political economy. Illuminating and consistently provocative, The Law of Political Economy is a groundbreaking volume that complicates our understanding of both law and economics amidst the political turmoil and transformation of the early twenty-first century.' Paul Schiff Berman, Walter S. Cox Professor of Law, George Washington University'A brilliant collection including contributions from leading international scholars that together offer extended critical engagement with key concepts: governance, democratic participation, legality, rights. It is bound to become an important point of reference in ongoing debates on both sides of the Atlantic concerning law and political economy in the twenty-first century.' Ruth Dukes, University of GlasgowTable of Contents1. The law of political economy: an introduction Poul F. Kjaer; Part I. Studying the Law of Political Economy: 2. The legal proprium of the economic constitution Christian Joerges and Michelle Everson; 3. The myth of democratic governance Emilios Christodoulidis; 4. A political economy of contemporary legality Duncan Kennedy; Part II. Transformations of the Law of the Globalising Economy: 5. Law in global political economy: now you see it, now you don't David Kennedy; 6. Law of natural resource extraction and money as key to understanding global political economy and potential for its transformation Isabel Feichtner; 7. 'Social nature': political economy, science, and the law in the Anthropocene Jaye Ellis; Part III. The Transformation of the Law of Political Economy in Europe: 8. The transformative politics of European private law Hans-W. Micklitz; 9. Socio-economic imaginaries and European private law Marija Bartl; 10. The transformative socio-economic effects of EU competition law: from producerism to consumerism Jotte Mulder; 11. On the vanishing functional autonomy of European labour law (and some dangerous counter-movements) Stefano Giubboni; Part IV. Towards a New Law of Political Economy: 12. The future of law –'serial law'? Karl-Heinz Ladeur; 13. After governance? The idea of a private administrative law Rodrigo Vallejo; 14. The transnational dimension of constitutional rights: framing and taming 'private' governance beyond the state Lars Viellechner; 15. Counter-rights: on the trans-subjective potential of subjective rights Gunther Tuebner.

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Book SynopsisThese are the WTO's authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. The form of citation for this volume recommended by the WTO is DSR 2019: VTable of ContentsUnited States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint); Recourse to Article 21.5 of the DSU by the European Union (WT/DS353).

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