Public international law: economic and trade Books
Oak Tree Press Power Purchase Agreements: Legal Issues, Risks Assessment & Investment Protection
Book SynopsisIn the face of the rising demand for renewables and the volatility of energy prices, Power Purchase Agreements (PPAs) are the key driver of the energy transition. PPAs provide a way for generators to finance their projects and for buyers to get price and quantity certainty over a defined period of time. Based on Dr. Guy Block’s 35 years of experience in energy projects, this book provides: I. An analysis of legal and bankability risks typically found in the development of renewable power projects; II. An analysis of the protection of PPAs as an investment under the International Centre for Settlement of Investment Disputes (ICSID) jurisdictions; III. A worldwide review of PPAs standard clauses in Europe, Africa, America and Asia. Constituting an essential resource for anyone involved in the negotiation or drafting of PPAs, this book is intended for all practitioners, project developers and promoters, engineers, investment and private banks and public authorities involved in the development of renewable energy projects.
£55.00
Bloomsbury Publishing PLC Contracting with Sovereignty: State Contracts and International Arbitration
Book SynopsisThe application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.Trade Review...the book represents throughout an admirable undertaking of examining the burning issues of state contracts today in the context of both contract and treaty claims. The author has provided in his discussion analytical and critical insights into those issues in such an engaged manner that makes the book distinctive. Serious scholars of international law (both private and public) with an interest in state contracts and arbitration will find the book enormously valuable. -- A. F. M. Maniruzzaman * Banking and Finance Law Review, Volume 28 *...a clearly written and interesting contribution to the ongoing debate about the nature, role and future of investment arbitration. -- Kaj Hobér * Global Arbitration Review, Volume 7, Issue 1 *Table of Contents1. Introduction 1.1 The Topic 1.2 Approach—International Law as 'Process' 1.3 Arbitral Practice as a Source of Law 1.4 Interpretation—Applied and Constructed Ratio 1.5 Materials 2. History and Development—A Hybrid Genealogy 2.1 Introduction 2.2 Investment Protection under Classical International Law—The Doctrine of Diplomatic Protection 2.3 Mixed Claims Commissions 2.4 Internationalised Commercial Arbitration 2.5 Convergence of Practices—Showing the Way to Contemporary 'Investment Treaty Arbitration' 3. A Theoretical Discourse—Conceptualising the Applicability of International Law to State Contracts 3.1 International Law and State Contracts—Challenging Traditional Doctrine 3.2 The Concept of Internationalisation 3.3 Conflicting Perspectives of International Law 3.4 The Applicability of International Law to State Contracts—A Reconceptualisation 3.5 The Authority of Arbitral Tribunals to Apply International Law 4. Procedural Aspects—Jurisdiction and Enforceability 4.1 Introduction 4.2 International Commercial Arbitration—Detaching Arbitral Authority from Municipal Law 4.3 Jurisdiction and Enforcement under the ICSID Convention 4.4 Investment Treaty Jurisdiction over Contract Claims 4.5 Overlapping Jurisdictions—Contractual Jurisdiction Clauses and Investment Treaty Jurisdiction 5. Substantive Principles Applicable to Contract Claims—The Concept of 'Legitimate Expectations' 5.1 Introduction 5.2 Contract Claims and the 'Expropriation Standard' 5.3 Umbrella Clauses—Elevating Contract Claims into Treaty Claims 5.4 Protection of Legitimate Expectations under the Fair and Equitable Treatment Standard 5.5 Customary International Law—The Internationalised Contract and Protection of Acquired Rights 5.6 The Compensation Standard 6. Contractual Restriction of Public Powers 6.1 Sovereignty and Commitment 6.2 The Notion of Sovereignty 6.3 Permanent Sovereignty and the Right to Expropriate Foreign Investment 6.4 'Police Powers' and Protection of Legitimate Expectations 6.5 Reserved Powers as a Principle of Interpretation 7. Summary and Final Comments 7.1 Introduction 7.2 The International Legal Process of Contract Claims—Summary of Chapters 2, 3 and 4 7.3 Substantive Law and Teleology—Summary of Chapters 5 and 6 7.4 A Concluding Comment
£95.00
Bloomsbury Publishing PLC Set-off Defences in International Commercial Arbitration: A Comparative Analysis
Book SynopsisThe book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.Trade ReviewRegardless of whether one agrees or disagrees with this finding and the underlying reasoning, the author first of all deserves credit for suggesting a well argued uniform set-off rule for international arbitration. ...the book will certainly serve as a thorough and reliable overview of certain jurisdictions as regards their approach to set-off and as a practical guide for arbitration practitioners to finding and supporting legal arguments to establish the best applicable set-off rule in a cross-border context. The author's clear diction and ability to take the reader by the hand makes Set-off Defences in International Commercial Arbitration an accessible and seizable topic on only 228 pages. Dr. Philipp K. Wagner Schieds VZ 2012, Heft 2Table of ContentsIntroduction 1 Key Aspects of Set-off I Definition II Significance and Functions of Set-off III Significance of Set-off in Modern Business Life IV Modern Problems with Set-off V Terminology 2 Set-off in a Comparative Survey I Incipiencies: Roman Law II Set-off in the Romanic Legal Systems III Set-off in the Germanic Legal Systems IV Set-off in England and English-based Jurisdictions V Comparative Analysis 3 Set-off in the Conflict of Laws 1 I. Determination of the Applicable Law in International Arbitration II Law-determination for Set-off in Classic Conflict of Laws III Criteria for a Suitable Rule to Determine the Law Applicable to a Set-off in International Arbitration IV Discussion of Classic Choice-of-Law Rules With Regard to Set-off V Other Choice-of-Law Solutions in International Arbitration VI Summary 4 Conclusions 5 Final Summary
£150.00
Bloomsbury Publishing PLC The EEA and the EFTA Court: Decentred Integration
Book SynopsisThe EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.Table of ContentsI. Introduction 2. The EFTA Court’s Early Days 3. The Style of the EFTA Court 4. European Courts in Dialogue 5. The Advocates General and the EFTA Court 6. The Immoral Choice—How Judges Participate in the Transformation of Rule of Law to Legal Evil 7. The Content of Requests for Preliminary Rulings to the European Court of Justice and the EFTA Court—What are the Minimum Requirements? 8. Practical Issues Regarding the Application of EEA Law through the Eyes of a National Judge 9. ‘To Refer or Not to Refer?’ 10. ‘To Refer or Not to Refer?’ Confession of a National Judge 11. Efficient Judicial Protection of EEA Rights in the EFTA Pillar—Different Role for the National Judge? 12. The Norwegian Experience of the EEA Judiciary 13. The Role of Individual Lawyers in EEA Law 14. Reciprocity, Homogeneity and Loyal Cooperation: Dealing with Recalcitrant National Courts? 15. Preliminary Rulings in the EEA—Bridging (Institutional) Homogeneity and Procedural Autonomy by Exchange of Information 16. European Integration 17. Free Movement of People and the European Economic Area 18. ‘Shall be Made Part of the Internal Legal Order’: The Legislative Approaches 19. Climate Change Law and Policy in the EEA—A View from the General Court 20. Homogeneity or Renationalisation in the European Judicial Area? Comments on a Recent Judgment of the Norwegian Supreme Court 21. General Principles 22. Fundamental Rights in EEA Law 23. Uncharted Waters: Reflections on the Legal Significance of the Charter under EEA Law and Judicial Cross-Fertilisation in the Field of Fundamental Rights 24. The Essentials 25. Judicial Protection in the EEA EFTA States—Direct Effect of EEA Law Revisited 26. The EFTA Court and the Principle of State Liability: Protecting the Jewel in the Crown 27. Fine-tuning Transparency 28. The Free Movement of Goods in EEA Law: The Philip Morris Norway, Commission v Italy and Mickelsson and Roos Cases 29. The EFTA Court—A Court of Business Law? 30. Icesave—Limited Homogeneity and Unlimited Judicial Interpretation 31. Standard of Review in Competition Law Cases: Posten Norge and Beyond 32. Third Party Access to File in Competition Cases 33. To Tax or Not to Tax: Reflections on the Case Law of the EFTA Court 34. The EEA Joint Committee—A Political Assessment 35. The EEA Surveillance Mechanism 36. The EFTA Surveillance Authority and the Surveillance of the EEA Agreement 37. The EFTA Secretariat: Steward of the EEA 38. EEA Law, Unexpected Success: A Japanese Perspective 39. EU Law, EEA Law and International Law—The Myth of Supranational Law and Its Implications for International Law 40. A Look at the EEA from Switzerland
£130.00
Bloomsbury Publishing PLC Antitrust and the Bounds of Power: The Dilemma of
Book SynopsisSince it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.Trade ReviewThe text of this important book is lucid and the interesting analysis - political, economic and legal - is clearly stated. The citations of legal and economic literature are well chosen. Professor Amato's perceptive thoughts on the differences between US and EC competition law and their philosophical development are warmly welcomed. Valentine Korah European Competition Law Review September 2002 ... this book is in my view essential reading for anybody interested in antitrust practice and policy Damien J. Neven Journal of World Trade Law September 2002 The book is well written and develops a number of challenging ideas in an accessible way...Its major strength is in the depth of the research and the copious references...As a concise history of antitrust laws, the book is indispensable. The ideas which it develops are challenging and serve as a valuable balance to the mass of economic analysis which purports to explain antitrust. Angus MacCulloch The Modern Law Review Vol 62, 1999Table of ContentsAntitrust - introduction; on the surface - the technical profiles; in the foundations - the dilemma of liberal democracy. Part 1 Technical profiles - the USA: protection of competition or of freedom or contract - from the common law to the Sherman Act, early years of the Sherman Act, prohibitions to protect market pluralism increase; today's subtle weapons - the Chicago School, evolution in the Supreme Court, trends in recent cases, the present position in summary. Part 2 Technical profiles - Europe: the heritage of history - Europe's industrial culture, the Freiburger Ordoliberalen School, early development of antitrust laws, antitrust in the European Community; "restrictive" agreements - the normative machinery, vertical agreements, horizontal agreements; abuse of a dominant position - "special responsibility", assessment of "dominant position", abuse as an "objective concept", individual types of abuse, in conclusion; prohibitions of dominant position - mergers - the ban and its limits, antitrust against public monopolies. Part 3 Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets - what remains?; the dilemma of liberal democracy - the dilemma of liberal democracy within the dilemma of efficiency, towards autonomy of European antitrust from other common policies, the global market and tomorrow's antitrust.
£95.00
Springer Nature Switzerland AG Harmonisation of EU Competition Law Enforcement
Book SynopsisThis book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field.While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.Table of ContentsIntroduction.- Plethora of Comparative Studies.- EU Conceptual Framework of Harmonisation: Setting the Scene.- Development of EU Competition Law Enforcement from an Historical Perspective: A Call for Harmonisation from the EU.- Institutional Framework of the National Competition Authorities in the Central and Eastern European Countries.- Harmonisation of Public Enforcement: Basic Powers of the National Competition Authorities, Sanctions, and Leniency Policies.- Harmonisation of Private Enforcement in the Central and Eastern European Countries.
£104.49
Springer Nature Switzerland AG Investor-State Dispute Settlement and National
Book SynopsisThis open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.Table of ContentsScope and objective of this report.- Why investment arbitration and not domestic courts? The origins of the modern investment dispute resolution system, criticism, and future outlook.- The interplay between investor-state arbitration and domestic courts in the existing IIA framework.- The path to reform of ISDS: What role for national courts?.- Conclusions and recommendations.
£44.99
Springer Nature Switzerland AG The Governance of Insurance Undertakings:
Book SynopsisThis open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.Table of ContentsIntroduction.- Part I – The System of Governance of Insurance Undertakings.- Corporate Governance and the so-called “Four-Eyes Principle” .- The Risk Management System, the Risk Culture, and the Duties of the Insurers' Directors.- Role and Significance of the Compliance Function in an Insurance Undertaking.- Insurance Outsourcing: A Legal Analysis.- Remuneration Policies of Insurance Undertakings in Europe: Principles for a deeply Heterogeneus Reality.- Corporate Governance Standards for Insurers in Singapore.- Part II – Insurance Business and Corporate Law.- Recovery and Resolution of Insurance Companies and Director’s Duties.- Restructuring, Winding-Up & Portfolio Transfer of Insurance Companies in Distress.- Insurance in M&A Transactions.- The Algorithmic Future of Insurance Supervision in the EU: A Reality Check.- Financial Reporting in Insurance and International Financial Reporting Standards.- Recent Directions in the Regulation of Insurance Claims Handling in the United Kingdom and Australia: A Model for other Jurisdictions to Consider?.- Business Registration Data as the Best Vehicle to Achieve KYC and AML for Business .- The Influence of Public and Corporate Insurance Law on the Application of Private International Law. Selected Issues.
£34.99
Springer New Directions in Digitalisation
Book SynopsisNew Directions in Digitalisation: An Introduction.- Part I: The Competition Dimension.- Licence to Regulate: Article 114 TFEU as Choice of Legal Basis in the Digital Single Market.- The Objectives of Regulating the Digital Economy indicate that there is a right to data in the Digital Markets Act with direct effect and applicability.- EU Digital Competition Law: Starting from Scratch.- Enough of fairness: pre-emption and the DMA.- The Power to carry out Dawn Raids under the Digital Markets Act Nothing more than a Scarecrow?.- Part II: The Fundamental Rights Dimension.- The Interaction between Free Movement and Fundamental Rights in the (Digital) Internal Market.- A reading of the Digital Markets Act in the light of fundamental rights.- Enhancing Autonomy of Online Users in the Digital Markets Act.- The Digital Markets Act and the Principle of Ne bis in idem: A Revolution in the Enforcement of EU Competition Law?.- Between Online and Offline Due Process: the Digital Services Act.- A new Framework for Limitation of Fundamental Rights in EU law?.- Part III: Future Directions in Digitalisation.- Digital constitutionalism, EU digital sovereignty ambitions and the role of the European Declaration on digital rights.- Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union.
£44.99
Springer The EUChina Comprehensive Agreement on Investment
Book SynopsisIntroduction: The EU-China Comprehensive Agreement on Investment and a Thorny Path towards Investment Liberalization.- Part I Geopolitical Origins and Negotiations of the EU-China Comprehensive Agreement on Investment.- The Political Economy of the EU-China Comprehensive Agreement on Investment: Balancing the European Union's Economic Interests.- The Political Economy of China and the EU-China Comprehensive Agreement on Investment.- The European Union and China: In Search of Positioning and Exercising Normative Power in the Comprehensive Agreement on Investment.- Part II: EU-China Comprehensive Agreement on Investment: Substantive Issues.- Pre-Entry National Treatment in EU-China Comprehensive Agreement on Investment - An Open Sesame to the Chinese Market?.- The Disciplines of State-Owned Enterprises in the China-EU Comprehensive Agreement on Investment: Assessment, Implications and Directions.- The EU-China Comprehensive Agreement on Investment: Disciplining Competition Law Enforcement in China?.- Intellectual Property Dimension of the EU-China Comprehensive Agreement on Investment: The EU Approach against Non-Market-Mediated International Technology Transfer.- Regulating Subsidies in the EU-China Comprehensive Agreement on Investment: Implications for Global Subsidies Reform.- Disputing Personal Data in the EU-China Comprehensive Agreement on Investment.- Part III: EU-China Comprehensive Agreement on Investment: Procedural Issues.- The Future of Investor-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment.- A New Dish of CAI for State-to-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment.- Never Fear to Negotiate: Options for Non-Adversarial Dispute Resolution in the EU-China Comprehensive Agreement on Investment.
£132.99
Springer The Crossroads of Competition Law and Energy Regulation
Book Synopsis1. Introduction to the crossroads of competition and energy regulation. Beyond market power.- Part I The Energy Sector Regulation: The European Union Perspective.- 2. European energy market evolution.- 3. Energy sector specific regulation.- 4. Europe's Journey to Carbon Neutrality: Pioneering a Continent without Emissions.- Part Ii. The Prohibited Agreements And Abuse Of Dominant Position In The Energy Sector.- 5. The concept and forms of prohibited agreements.- 6. Horizontal agreements in the development of energy projects.- 7. Vertical agreements.- 8. Market restrictions created by the abuse of dominant position.- Part III. Mergers And Acquisitions In Energy Sector.- 9. Concept, forms and evaluation of concentration.- 10. Forms of concentration in the energy sector.- Part Iv. State Aid And Market Liberalisation.- 11. The concept of State aid and its application criteria.- 12.State aid form and practice in the field of energy.- Part V. Exclusive, Special Rights And Services Of General Economic Interest.- 13. Public services in the modern economy: the evolution and future.- Part Vi. Competition Implementation In Energy Sector: International Outlook.- 14. Enforcement of competition law in the energy sector in accordance with the WTO.- 15. Organization of Petroleum Exporting Countries and competition law issues.- 16. The Energy Charter Treaty.- 17. Competition law application in nuclear energy sector.- VII. Conclusions.- 18. Concluding remarks.
£104.49
Springer Digital Trade and Data Privacy
Book SynopsisIntroduction to the Nexus of Digital Trade and Data Privacy.- International Trade in a Global Digital Economy.- The Emergence of Digital Trade Regulation.- Data Protection and Data Protectionism in International Trade.- Mitigating the Data Privacy Collision in Digital Trade.- Towards Reconciling Digital Trade and Data Privacy.
£132.99
Springer Integrating the UN SDGs into WTO Law
Book SynopsisIntroduction.- Part I: WTO Law: An Impediment to the Implementation of the UN SDGs.- The Lack of Trade-Related Sustainable Development Commitments in WTO Law.- WTO Law's Constraints on National Regulation.- Part II: Reconciling WTO Law with the United Nations Sustainable Development Goals.- The Sustainability Test.- Balancing Sustainability Elements.- Part III: Integrating Sustainability into WTO Law.- The Constitutionalisation of the WTO: An Ideal Methodology.- Progress in Embedding Sustainability into WTO Rules.- The Sustainable Development Club: A Practical Approach.- Potential Trade Rules and Policies of the Sustainable Development Club.- Suggestions for the Next Steps.- Conclusion.
£44.99
Springer Insurance of International Sales Contracts under Incoterms
Book SynopsisPART I: THE ROLE OF THE ICC AND INSURANCE AND INTERNATIONAL TRADE.- The Role and Importance of the International Chamber of Commerce (ICC) and Incoterms in International Trade.- The Role and Importance of Insurance in International Trade.- PART II: INSURANCE OF CONTRACTS WHICH EXCLUDE SELLERS' OBLIGATIONS TO PROVIDE INSURANCE FOR THE SELLER.- The Nature and Characteristics of the Contracts.- Insurance of Contracts which exclude Sellers' Obligations to provide insurance for the Buyer at Common Law.- Insurance of Contracts which exclude Sellers Obligations to provide insurance to the Buyer under Incoterms.- PART III: INSURANCE OF CONTRACTS WHICH INCLUDE SELLERS OBLIGATIONS TO PROVIDE INSURANCE TO THE BUYER.- The Nature and Characteristics of the Contracts.- Contracts which Include Seller's Obligations to Insure at Common Law.- Insurance of Contracts Which Include Sellers Obligations to Insure under Incoterms.- PART IV. FOB-CIF WAR RISKS AND OTHER INSURANCE CONSIDERATIONS.- Insurance of War, Terrorism and Piracy Risks.- Other Insurance Avenues and Considerations.- Tender of Documents under Common Law and UCP.- PART V: DISPUTE SETTLEMENT, CLAIMS AND CONCLUDING REMARK.- Conflict of Laws.- Claims and Settlement.- Concluding remarks.
£94.99
£189.99
Springer Beyond Treaties Rethinking Legal Mechanisms for International Climate Governance
Book Synopsis1 Introduction.- 2 Existing Landscape of International Climate Law.- 3 Exploring Alternative Governance Structures for Climate Cooperation.- 4 Climate Club.- 5 The Role of Linkages in Strengthening Climate Clubs.- 6 Legality of the Climate Club Scheme.- 7 Navigating Non-Discrimination in Climate Club Policies.- 8 Epilogue.
£44.99
Springer European Yearbook of International Economic Law
Book SynopsisDistinguished Essay, by Ernst-Ulrich Petersmann.- Part I – Moving Towards Integration: Trade: Sustainable Development Within the Context of International Trade Law by Ilke Göçmen.- Technology Transfer Under the TRIPS Agreement: A Comeback to Address Global Crises by Francisco Hernandez Fernandez.- Taking on a Life of Its Own? The Dynamic Institutional Architecture of the New Generation Trade Agreements of the EU by Sophia Paulini.- Human Rights and Global Supply Chains: European Trends and Developments by Giesela Rühl.- Trade Prohibitions on Forced-Labour Products: A First Assessment of the Forthcoming EU’s Forced Labour Regulation by Valentina Grado.- Fundamental Economic Rights and the Market Access Constitution of the EU Internal Market by Rufat Babayev.- The EU ‘Governance through Trade’ Regulatory Model for the Sustainable Production and Consumption of Deforestation-Risk Commodities (DRCs): The EU Deforestation Regulation (EUDR) and the Issues at Stake in its Implementation Stage by Concetta Maria Pontecorvo.- Policy Coherence for Development in the EU's Multidimensional Toolbox Against Deforestation: Unilateral, Bilateral and Multilateral Efforts by Saide Esra Akdogan and Francesco Cazzini.- ‘‘Alcohol Causes Cancer”: Objections to an Irish Labelling Law Reopen Old Debates About Trade and Non-Trade Issues and New Debates About Interaction of WTO and EU Law by Benn McGrady and Elisabet Ruiz Cairó.- The Quest of Balancing Data Regulatory Autonomy and International Commitments – Assessing the Impact of the General Agreement on Trade in Services and European Union – Vietnam Free Trade Agreement on Vietnam by Ngo Nguyen Thao Vy and Nguyen Xuan My Hien.- Short-Circuiting Technological Sovereignty? Assessing the Governance of Semiconductor Supply Chain (Chokepoints) Through the Lens of Emerging Export Control Regimes by Anh Nguyen.- Part II – Moving Towards Integration: Investment: The Legalisation of Corporate Social Responsibility in International Investment Agreements by Beichen Ding.- The Development of EU Investment Protection Policy “through” the Member States – Challenges and Opportunities for the EU by Eleftheria Asimakopoulou.- Third-Party Claims Before the Multilateral Investment Court: Enhancing Third-Party Rights in Investment Treaty Arbitration by Zamira Xhaferri and Jesús Robles.- Fortiter In Re, Suaviter In Modo? – Are Legality Clauses the Better Investor Obligations in International Investment Agreements? by Christian Daniel Hein.- Investors' Human Rights Obligations under International Investment Law – Current Practice by Huyen Doan.- The Right to Regulate in Environmental Protection – Insights From the EU-Vietnam Investment Protection Agreement and Implications for Vietnam by Nguyen Thi Lan Huong.- Worlds Apart: The Fairness Dimension of Securitisation Narratives in the Climate Change and Foreign Investment Context by Zaker Ahmad.- Reassessing State Consent in Investment Arbitration Vis-À-Vis Security Issues by Alexandros Bakos and Gautam Mohanty.
£170.99
Springer The Law and Economics of Personalization
Book SynopsisIntroduction.- Consumer law and economics.- Online consumer manipulation – A law and economics analysis of personalized advertising.- Algorithmic pricing – A law and economics analysis of personalized pricing.- Signing-without-reading revisited – A law and economics analysis of personalized contracting.- Regulating personalized marketing – A policy perspective.- Conclusions and recommendations.
£132.99
£40.84
tredition Jahrbuch Wirtschaftsrecht Schweiz EU
£40.84
£17.95
De Gruyter §§ 17-83
Book Synopsis
£215.18
Springer International Publishing AG Energy Law in Brazil: Oil, Gas and Biofuels
Book SynopsisThis book describes the energy-law situation in Brazil. It focuses on three specific energy sectors: oil, natural gas and biofuel. The decision to concentrate on these areas takes into account the role that these energy sectors play in the economic, political and legal systems in Brazil, as well as the fact that they are the primary subjects of current discussions surrounding economic regulation in the country. The book, composed of thematic chapters authored by specialized legal researchers, analyzes the different aspects of the oil, gas and biofuels industry, starting with an introduction and technical points and followed by a discussion of the legal issues. It also considers the different legal areas used to examine the aforementioned energy sectors, such as regulatory law, environmental law, tax law, international law, among others. The book will serve as a valuable guide for researchers interested in understanding Brazilian energy law, and at the same it time presents the state of the art of studies carried out in Brazil.Table of ContentsPart I: Introduction: The Brazilian Scenario of the Oil, Gas and Biofuel Industry.- Part II: The Regulation of Oil and Gas Industry in Brazil.- Part III: The Regulation of Biofuels Industry in Brazil.- Part V: The Tax Law and the Brazilian Oil, Gas and Biofuels industry.- Part VII: International Law and the International Legal Aspects of Brazilian.
£85.49
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Property Rights in Investment Securities and the Doctrine of Specificity
Book SynopsisThis book is, with some adjustments and additions, largely based on my PhD thesis on Property Rights in Investment Securities and the Doctrine of Speci?city, which I defended in London on 15 June 2007 with Professor Lars Gorton and Dr. Kern Alexander as examiners. The subject matter is the doctrine of speci?city and its non-conformity with the developments in the ?nancial markets. As this book shows, the requirement for speci?city in book-entry securities is closely linked to loss allocation. If we decided that the rights that the investor has against its intermediary shall be property rights (as opposed to claims), then, loss allocation is crucial. Should the intermediary become insolvent and there be ins- ?cient securities, the shortfall has to be distributed. Through segregation on des- nated accounts the level of protection for the investor can be increased. It can also be increased by a requirement that the intermediary should hold a suf?cient number of securities corresponding to its customers' securities. During the course of this work I have received valuable assistance from s- eral persons, for which I am very grateful. First of all, I am indebted to Tekn. dr. Marcus Wallenbergs Stiftelse for .. utbildning i internationellt industriellt for .. etagande and For .. etagsjuridik Nord & Co for the ?nancial support they have provided.Table of ContentsThe New Order.- Developments of the Securities Markets.- The Use of Collateral in the Securities Markets.- Property Rights in Securities and the Doctrine of Specificity under English Law.- Property Rights in Securities and the Doctrine of Specificity under Swedish Law.- Property Rights in Securities and the Doctrine of Specificity under US Law.- Securities as Property.- Property Rights in Securities and the Doctrine of Specificity: A Comparative Analysis with an Outlook De Lege Ferenda.
£85.49
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG International Investment Law and EU Law
Book SynopsisThe entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.Trade ReviewFrom the reviews:“The book is interesting and deals with the main new legal issues of the Common Commercial Policy as amended by the entry into force of the Lisbon Treaty and also with its consequences in regard to international investment law. It will prove essential reading for those interested in understanding this fundamental area of EU law.” (Riccardo Sciaudone, European Civil Law Observatory, eclo.eu, November, 2013)Table of ContentsS. Hindelang, N. Maydell: The EU’s Common Investment Policy – Connecting the Dots Origins, Trends, and Perspectives.- M. Bungenberg: The Division of Competences between the EU and its Member States in the Area of Investment Politics.- A. Reinisch: The Division of Powers between the EU and its Member States “after Lisbon”.- M. Burgstaller: The Future of Bilateral Investment Treaties of EU Member States.- J.P. Terhechte: Art. 351 TFEU, the Principle of Loyalty and the Future Role of the Member States' Bilateral Investment Treaties.- T.R. Braun: For a Complementary European Investment Protection.- C. Nowak: Legal Arrangements for the Promotion and Protection of Foreign Investments within the Framework of the EU Association Policy and European Neighbourhood Policy.- J. Griebel: The New Great Challenge after the Entry Into Force of the Treaty of Lisbon: Bringing About a Multilateral EU-Investment Treaty.- L. Markert: The Crucial Question of Future Investment Treaties: Balancing Investors’ Rights and Regulatory Interests of Host States.- A. v. Walter: Balancing Investors’ and Host States’ Rights Which Alternatives for Treaty-Makers?
£102.60
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Farthing on International Shipping
Book SynopsisThe book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.Table of ContentsFreedom in International Shipping.- Shipping as a Vital Service to World Trade.- The Sectors of Shipping.- Private Shipping Organisations.- The Interface with Governments: National and International.- Shipping Nationalism and Government Involvement.- Demise of Protectionism and Rise of Liberalisation.- Co-operation in Liner Shipping.- Development of Competition Policy and its Historical Evolution.- Maritime Governance.- Nationality and Registration of Ships: Concept and Practice.- Maritime Safety Standards: Compliance and Enforcement.- Maritime Security: Legal Framework in International Law.- Protection of the Marine Environment.- The Private Law of Marine Pollution.- Liability and Limitation of Liability.- Conclusion: The Current Milieu and Beyond.
£56.24
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Die Abbildung von Leasingverhältnissen nach den
Book SynopsisKatrin Lazarz stellt die Abbildung von Leasingverhältnissen nach der nationalen und der internationalen Rechnungslegung im Abschluss des Leasingnehmers dar und analysiert die Vorzüge und Nachteile beider Rechnungslegungssysteme aus Sicht der Abschlussadressaten und der abschlusserstellenden Unternehmen. Der Anlass der Untersuchung ist die Neuregelung durch den Leasingstandard „IFRS 16“, die im Bereich der Leasingbilanzierung zu einem Paradigmenwechsel in der internationalen Rechnungslegung geführt hat. Vor dem Hintergrund zunehmender Vereinheitlichung nationaler und internationaler Bilanzierungsvorschriften legt die Autorin dar, warum eine Ausweitung der Nutzungsrechtsbilanzierung entsprechend IFRS 16 auch auf kleine und mittlere Unternehmen bei gesamtschauender Betrachtung weder für die betroffenen deutschen Unternehmen noch für deren Adressaten einen Mehrwert hätte.Table of ContentsAbbildung von Leasingverhältnissen nach IFRS/handelsrechtlicher Rechnungslegung.- Erfüllung der Informationsfunktion des Abschlusses und des Gläubigerschutzes.- Jahresabschlusspolitische Gestaltungsmöglichkeiten.- Auswirkungen auf Kapitalbeschaffungsmöglichkeiten, Praktikabilität der Regelungen.
£59.99
Springer Circular Economy and International Law
Book SynopsisIntroduction.- Depletion of Resources.- Waste Management.- Sovereignty.
£85.49
Brill WTO - World Economic Order, World Trade Law
Book SynopsisSince its foundation in 1995, the World Trade Organization, with its extensive legal provisions, has been defining the world trade relations and also had an enormous impact on both European and national economic law. At the same time, the WTO is perceived within the political discussion as a symbol for the world trade relations as a whole, the challenges of globalization and justice of the world trade order. Due to the expansion, consolidation and the increased enforcement of its rules, the relevance of the World Trade Organization will continue to increase. This book describes the institutional system, the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structures and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.Table of ContentsList of Abbreviations Table of Cases Preface Introduction 1. History and Organizational Structure 2. Concepts and Legal Structure 3. Dispute Settlement 4. Trade in Goods 5. Non-Tariff Barriers to Trade 6. Fair Trade and Remedies – Anti-dumping, Subsidies and Government Procurement 7. Rules for Trade in Services 8. The Protection of Intellectual Property and the TRIPS 9. The WTO and Domestic Legal Systems 10. New Issues and Problem Areas Outline of Structure Index
£139.08
Brill WTO - Technical Barriers and SPS Measures
Book SynopsisTechnical standards are increasingly determining the development, production, trade in and marketing of goods and services. In order to ensure that technical regulations and product standards which vary from country to country do not create unnecessary obstacles to trade the Agreement on Technical Barriers to Trade was adopted during the Uruguay Round. It is paralleled by the Agreement on Sanitary and Phytosanitary Measures which sets out the basic rules on how governments can apply food safety as well as animal and plant health measures without, however, using them as an excuse for protecting domestic producers. Prominent decisions under the WTO Dispute Settlement have interpreted those provisions. This volume gives a detailed account of the necessary parameters for technical standards and measures seeking to protect health and environment. Included are commentaries on Articles III, XI and XX of GATT 1994 which are equally relevant in this context. The article by article commentaries draw from a considerable body of case law, the work by the TBT and SPS Committee and the relevant legal literature. Attention is given to substantive requirements as well as the necessary standard setting procedures. Apart from a thorough analysis of the relevant and most recent jurisprudence including the Biotech Panel Report the commentary seeks to give answers to newly emerging issues, such as special needs of developing countries. It is an indispensable tool for practitioners and academics working in this field of WTO law.Table of ContentsPreface to the Series; Preface to this Volume; List of Contributors; Table of Abbreviations and Acronyms; General Bibliography General Agreement on Tariffs and Trade 1994 Article III GATT (Hestermeyer); Article XI GATT (Wolfrum); Article XX GATT [Introduction] (Wolfrum); Article XX GATT [Chapeau] (Wolfrum); Article XX lit. a GATT (Wenzel); Article XX lit. b GATT (Stoll & Strack); Article XX lit. c GATT (Matz-Lück); Article XX lit. d GATT (Reyes-Knoche & Arend); Article XX lit. e GATT (Wenzel); Article XX lit. f GATT (Matz-Lück); Article XX lit. g GATT (Matz-Lück & Wolfrum); Article XX lit. h GATT (Matz-Lück); Article XX lit. i GATT (Matz-Lück); Article XX lit. j GATT (Matz-Lück) Agreement on Technical Barriers to Trade Preamble TBT (Koebele); Article 1 and Annex 1 TBT (Koebele); Article 2 TBT (Tamiotti) ; Article 3 TBT (Tamiotti); Article 4 und Annex 3 TBT (Koebele & LaFortune); Article 5 TBT (Muñoz) ; Article 6 TBT (Muñoz); Article 7 TBT (Muñoz); Article 8 TBT (Muñoz); Article 9 TBT (Koebele); Article 10 TBT (Koebele); Article 11 TBT (Krajewski); Article 12 TBT (Krajewski); Article 13 TBT (Bartels); Article 14 and Annex 2 TBT (Schorkopf); Article 15 TBT (Bartels) Agreement on the Application of Sanitary and Phytosanitary Measures Preamble SPS (Charnovitz); Article 1 and Annex A SPS (Charnovitz); Article 2 SPS (Seibert-Fohr); Article 3 SPS (Landwehr); Article 4 SPS (Landwehr); Article 5 SPS (Stoll & Strack); Article 6 SPS (Landwehr); Article 7 and Annex B SPS (Boeckenfoerde); Article 8 and Annex C SPS (Boeckenfoerde); Article 9 SPS (Seibert-Fohr); Article 10 SPS (Seibert-Fohr); Article 11 SPS (Schorkopf); Article 12 SPS (Röben); Article 13 SPS (Röben); Article 14 SPS (Röben); Index
£180.80
Brill Towards New Global Strategies: Public Goods and Human Rights
Book SynopsisThis book aims to contribute to the debate on global public goods, a debate which has been taking place for some time in the UN and the World Bank, among the regional development banks and bilaterally among states and donors. There is a need for new visions and strategies and to examine global infrastructure on the basis of the idea that global public goods, including human rights, contribute to cohesion at local, regional and international levels. The book investigates the possibilities and disadvantages of applying the idea of public goods in a global context. It explains the history of the concept and its significance for human rights. The authors include, in addition to academics, representatives from public institutions, civil society organizations, independent consultants, the media and the private sector.Table of ContentsPreface; Introduction Erik André Andersen and Birgit Lindsnæs; 1. Global public goods - concepts and definitions: The state and the citizen, Natural law as a public good Peter Wivel; Public goods, Concept, definition, and method Erik André Andersen and Birgit Lindsnæs; On human rights Lone Lindholt and Birgit Lindsnæs; The global and the regional outlook, How can global public goods be advanced from a human rights perspective?Birgit Lindsnæs2. Peace and security: Peace as a global public good Bjørn Møller; International institutions for preserving peace and security Erik André Andersen; The law of war Rikke Ishøy; The case of Bosnia and Herzegovina Erik André Andersen; 3. State and citizen, Is good governance a global public good? Hans-Otto Sano; Legal protection and the rule of law as a global public good Hans Henrik Brydensholt and Kristine Yigen; Curbing corruption: A global public good, The potential of international cooperation Kristine Yigen; Access to global public goods for socially and economically vulnerable groups Rie Odgaard and Kristine Yigen; 4. Access to information, The right to know Anders Jerichow; Internet access as a global public good Henrik Lindholt and Rikke Frank Jørgensen; Research, global public goods and welfare Peder Andersen; Education as a global public good Diego Bang; 5. examples of implementation, Health is global - and a moving target Poul Birch Eriksen, Ellen Bangsbo, Jens Kvorning, Lene Lange, Esben Sønderstrup, Uffe Torm and Ib Bygbjerg; (Fresh) water as a human right and a global public good Jannik Boesen and Poul Erik Lauridsen; The international trade system Christian Friis Bach; The global responsibility of private companies Henrik Brade Johansen, Helle Bank, Jørgensen and Jens Kvorning; 6. Conclusion, Problems and potentials in the application of global public goods Erik André Andersen, Peder Andersen and Birgit Lindsnæs; Appendices; Index.
£176.00
Brill Losing the Global Development War: A Contemporary Critique of the IMF, the World Bank and the WTO
Book SynopsisThis book offers a new perspective in examining the key global economic organizations - the International Monetary Fund, the World Bank (and its regional counterparts), and the World Trade Organization. Aimed at ordinary informed readers, the text draws upon the author's many years of familiarity with these organizations to evaluate them from a legal and policy perspective, touching on issues of "mission creep," "democracy deficit," and more. The book depicts such issues as the central struggles in a "Global Development War" that is now being lost because of certain ideological and institutional failings that currently afflict the global institutions. That war can be won, the author asserts, only by adopting an ideology of liberal, intelligent, participatory, multilateral, and sustainable human development.Table of ContentsForeword and Synopsis; Chapter One: The Fourth World War; Chapter Two: A Cacophony of Criticisms — Attacking the Global Economic Organizations; Chapter Three: What Are the Global Economic Organizations?; Chapter Four: Battles Over the GEOs’ Policies and Operations; Chapter Five: Battles Over the GEOs’ Character, Control, and Reach; Chapter Six: The Current Front in the Global Development War — How (and Whether) to Reform the GEOs?; Selected Bibliography; Index; About the Author.
£96.80
Brill Latin American and Caribbean Trade Agreements: Keys to a Prosperous Community of the Americas
Book SynopsisLatin American and Caribbean Trade Agreements: Keys to a Prosperous Community of the Americas is the essential reference guide for companies trading with Latin America and the Caribbean or wishing to use a country in the region as an export platform. This work fills the void in academic texts that are used to teach courses on economic integration in the Western Hemisphere. It provides a road map for the Obama Administration to launch an ambitious project designed to encourage economic growth, promote energy security, and reduce harmful greenhouse gas emissions, while at the same time realistically meeting the development needs of Latin America and the Caribbean. Latin American and Caribbean Trade Agreements: Keys to a Prosperous Community of the Americas posits that the myopic focus of past United States administrations on free markets to spur economic development in the Western Hemisphere is not enough. A bolder and more ambitious project that also seeks to redress many of the deep-seated problems that have long plagued the region is required. The Community of the Americas proposed in this book rests upon the important work that has already been done at the sub-regional level in terms of economic and political reform, identifying infrastructure and human capital needs, and regulating migration. It provides a new and cohesive vision for U.S. policy in Latin America and the Caribbean.Trade ReviewThis book won second place for best book published in the year before the annual meeting of the Inter-American Bar Association (2010).Table of ContentsAcknowledgments; About the Author; List of Abbreviations and Acronyms; Introduction Chapter 1: Early Attempts at Latin American and Caribbean Economic Integration; Chapter 2: Latin American Integration Association; Chapter 3: Origins, Current Status, and Future of MERCOSUR; Chapter 4: Institutional Framework of MERCOSUR and How the MERCOSUR Economic Integration Process Functions; Chapter 5: Foreign Investment Climate Within MERCOSUR and Business Opportunities; Chapter 6: Institutional Framework of the Andean Community and How the Andean Economic Integration Process Functions; Chapter 7: Foreign Investment Climate Within the Andean Community and Business Opportunities; Chapter 8: Central American Integration System; Chapter 9: The Caribbean Common Market and Community and the Organization of Eastern Caribbean States; Chapter 10: Rise and Fall of the Free Trade Area of the Americas; Chapter 11: Creating a Prosperous Community of the Americas; Table of Instruments; Bibliography ; Index.
£211.20
Brill Russian Commercial Law: Second Edition
Book SynopsisThis is a new and substantially expanded edition of the author's 'Russian Commercial Law' (2001) which has become the standard resource in this area. Compared to the rather chaotic situation in the 1990s, the system of commercial law in Russia has stabilised in the 2000s. Blatant abuses have become less common with the Joint Stock Company Law amendments taking effect and the new Insolvency Law being enacted. The book represents a comprehensive and in-depth study of current Russian commercial law encompassing various areas, from Company law, Banking Law, Natural Resources Law to International Commercial Arbitration. A new chapter on Environmental Law was added in the light of its significance for major natural resources and infrastructure projects. With the expertise of the author who has been involved in Russian Law studies and practice for some decades, the book is intended both for practitioners who have dealings with Russia and for academics and students. Originally published in hardcover.Trade ReviewPraise for first edition: "...für jeden Juristen, der sich mit dem russischen Recht befasst, ob Einsteiger, Praktiker oder Wissenschaftler, bietet Russian Commercial Law von Hiroshi Oda eine empfehlenswerte Lektüre." – Dr.Hans Janus, in: WGO "...[i]t should be said that the book represents a much-needed and valiant attempt to explain to Anglophone readers a complex and confusing body of law." – Bernard Rudden, in: Electronic Journal of Comparative Law 7/1 (2003) "...Le volume qui nous est ici offert constitue, en réalité, la première étude globale portant sur la matière en langue anglaise. [...] Tout au long de son etude, l’auteur manifeste le même souci d’ordre, de précision et de clarté que dans ses travaux antérieurs, ainsi que la même volonté d’expliquer, au besoin par un bref rappel historique, les solutions du droit positif. Son mérite y est d’autant plus grande que, comme à l’accoutumée, il ne se contente pas d’exposer le droit «théorique», en se bornant à commenter les texts en vigueur, mais il cherche à montrer comment ce droit fonctionne en pratique et comment il est réellement mis en oeuvre. [...] Plus que toutes les manifestations de scepticisme, le regard serein et objectif que jette l’auteur sur la réalité contemporaine nous incite à garder confiance dans l’avenir." – Xavier Blanc-Jouvan, in: Revue Internationale de Droit ComparéTable of ContentsCHAPTER 1 – SOURCES OF LAW; CHAPTER 2 – THE SYSTEM OF SETTLING DISPUTES – INSTITUTIONS; CHAPTER 3 – BASIC PRINCIPLES AND RULES OF PRIVATE LAW; CHAPTER 4 – COMPANY LAW; CHAPTER 5 – INSOLVENCY LAW; CHAPTER 6 – GENERAL RULES OF THE LAW OF OBLIGATIONS; CHAPTER 7 – MEANS OF SECURING OBLIGATIONS; CHAPTER 8 – CONTRACT LAW; CHAPTER 9 – PROPERTY AND LAND LAW; CHAPTER 10 – TORT (OBLIGATIONS ARISING FROM CAUSING OF HARM) AND UNJUST ENRICHMENT; CHAPTER 11 – BANKING LAW; CHAPTER 12 – NATURAL RESOURCES LAW; CHAPTER 13 – ENVIRONMENTAL LAW; CHAPTER 14 – TAXATION; CHAPTER 15 – THE SYSTEM OF SETTLING DISPUTES – PROCEDURE; CHAPTER 16 – PRIVATE INTERNATIONAL LAW; INDEX.
£44.84
Brill Reflections on the Constitutionalisation of International Economic Law: Liber Amicorum for Ernst-Ulrich Petersmann
Book SynopsisThis book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian.Table of ContentsCONTENTS Preface Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R. Ziegler INSTITUTIONAL AND SUBSTANTIVE ISSUES IN EUROPEAN LAW Liberalization of Trade in Goods in the EEC: Origin and Early Evolution Federico Ortino The ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era Peter Hilpold Margin of Appreciation Revisited: The Balancing Pole of Multilevel Governance Meinhard Hilf and Tim René Salomon The Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals Nikos Lavranos National Judges and European Laws: A Comparative Constitutional Perspective Giuseppe Martinico Legal Pluralism in the EEA Legal Order: The EFTA Court’s Role in a Broader Institutional Context Ólafur Ísberg Hannesson Constructing a ‘We’: Collective Agency and the European Union Pedro Lomba Conflicts-Law Constitutionalism: Ambitions and Problems Christian Joerges Balancing Difference and Equality of Political Rights in the European Union – A Paradigm of Constitutional Pluralism Roland Bieber International Regulatory Policy and Democratic Accountability: The EU and the ACTA Marise Cremona Financial Liability of the EU for Violations of WTO Law – A Legislative Proposal Benefiting Innocent Bystanders Marco Bronckers and Sophie Goelen INSTITUTIONAL ISSUES IN WTO LAW Constitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals John H. Jackson Constitutional Perspectives on International Economic Law Peter-Tobias Stoll Sovereign Equality and Graduation in International Economic Law Thomas Cottier International Economic Law: Still the Ugly Duckling of Public International Law? Andreas R. Ziegler Justice is Coming (… From Behind Closed Doors: The WTO Judges) Petros C. Mavroidis Panel Requests: What’s The Problem? Gabrielle Marceau and Jennifer K. Hawkins Legal Aspects of the WTO-IMF Relationship Revisited Chien-Huei Wu Prof. Ernst-Ulrich Petersmann and the Work of the ILA Committee on International Trade Law (1993–2012) Frederick M. Abbott Still Going “Grey” After All These Years? Export-Restraint Agreements and the WTO Antonello Tancredi Filling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China Edwin Vermulst Nature and Status of WTO Accession Commitments: “WTO-Plus”Obligations and Their Relationship to Other Parts of the WTO Agreement Lothar Ehring Tobacco Products in WTO Law Lukasz Gruszczynski Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health Daniel Kraus The Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good Ilze Dubava Diplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990–1992) and Its Lessons Giorgio Sacerdoti WTO AND REGIONAL TRADING BLOCS Enforcement of the WTO ‘Regional Exceptions’: A Comparative Institutional Analysis Boris Rigod Regional Trade Agreements: ‘Stepping Stones’ or ‘Stumbling Blocks’of the WTO? Richard Senti State’s Access to Justice in a Multilevel Legal World: The Brazil Tyres Cases Revisited Stefan Staiger Schneider INSTITUTIONAL AND SUBSTANTIVE ISSUES IN INTERNATIONAL LAW Revisiting Sustainable Development in Light of General Principles of International Environmental Law Francesco Francioni Product Labelling 15 Years On: The Role of the Judiciary Arthur E. Appleton International Regulation and Control of the Production and Use of Chemicals “Revisited” Hans-Wolfgang Micklitz and Marco Rizzi Righting Socio-Economic Wrongs in Times of Financial and Economic Crisis Mary E. Footer The Right to Development within the International Economic Legal Order Christian Tietje The Right to Water: Effective Multi-Level Protection of a Multi-Faceted Human Right? – An Application of the Kadi and Medellin Approaches to the Case of the Right to Water Pierre Thielbörger Elusive Coherence in International Law and Institutions: The Labour – Trade Debate Friedl Weiss Consumer Labelling on Trial at the WTO: Misunderstanding the Behavioural Law and Economics of Consumer Information Robert Howse Selected List of Publications By E.-U. Petersmann (1972–2012)
£302.08
Brill Foreign Investment in the Energy Sector: Balancing Private and Public Interests
Book SynopsisForeign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.Table of ContentsTable of Contents Preface by Eric De Brabandere and Tarcisio Gazzini Contributor Biographies List of Cases Chapter One: Introduction by Graham Coop Chapter Two: FDI in the Energy Sector: Recent Trends and Policy Issues by Joachim Karl 1. The Importance of FDI in the Energy Sector 2. FDI-Related Policies in the Energy Sector 3. Reconciling Conflicting Interests of Host Countries and Foreign Investors in the Energy Sector 4. Concluding Remarks Chapter Three: Multiple Investment Regimes for Russian Subsoil Resources: Work in Progress or Utopia? by Andrey Konoplyanik List of Abbreviations 1. Introduction 2. Implementation of Subsoil Resource Investment Regimes Worldwide 3. Historical Development of Russian Subsoil Legislation (Including Variations with Respect to Petroleum Taxation) 4. Oil Tax Reform of Early 2000s: Administrative Simplicity vs. Economic Efficiency 5. Multiple Investment Regimes for Russian subsoil (Author’s Historical Proposal) 6. Vicious Circle 7. Which Way Forward Chapter Four: International Law and Foreign Investment in Hydroelectric Industry: A Multidimensional Analysis by Attila Tanzi 1. Introduction: A Multidimensional Analysis 2. On International Investment Law and Hydroelectric industry 3. On the Application of Human Rights Law to Hydro-Electric Industry and its Potential Impact on Foreign Investment in this Area 4. The Inter-State Dimension of Hydropower Projects and the Relevance Of International Water Law to Foreign Investment in this Sector 5. On Civil Liability Aspects for Harm Caused by Water Related Activities 6. Concluding Remarks Chapter Five: The Settlement of Investment Disputes in the Energy Sector by Eric De Brabandere 1. Introduction 2. Dispute Settlement in the Energy Sector: an Overview 3. Investor-State Dispute Settlement: The Problem of Parallel Proceedings and Overlapping Investment Protection Treaties 4. Conclusion Chapter Six: Energy Charter Treaty: Achievements, Challenges and Perspectives by Tarcisio Gazzini 1. Introduction 2. Preliminary Remarks on Some Specific Features of or Related to the ECT 3. Main Achievements of the Energy Charter Treaty 4. Main Difficulties of the Energy Charter Treaty 5. The Russian Decision Not to Ratify the ECT and its Consequences 6. The Future of the ECT and of the Energy Relations between the EU and the Russian Federation 7. The possible expansion of the ECT constituency 8. Concluding remarks Chapter Seven: The Tripartite Dimension of Conflicts of Interests Workers, Foreign Investors and Host States in the Energy Sector by Yannick Radi 1. Introduction 2. The Normative Background: Labour Rights and Standards in International Law 3. Labour Issues Raised in the Energy Sector: The Example of the Oil and Gas Sector 4. Labour Issues in the Energy Sector and International Investment Law 5. Conclusion Chapter Eight: Energy, Environment and Foreign Investment by Makane Moïse Mbengue and Deepak Raju Introduction 1. Understanding the Relationship 2. Environmental Regulation and Substantive Clauses in Investment Treaties 3. Environment Protection and Procedural Aspects of Investment Arbitration 4. Conclusions Chapter Nine: Foreign Investment in the Energy Sector and Indigenous Peoples’ Rights by Federico Lenzerini Introduction 1. Indigenous Peoples’ Rights vis-à-vis the Economic Exploitation of Their Ancestral Lands 2. Resolution of Disputes Concerning Foreign Investment in Indigenous Peoples’ Lands Conclusion: The Need to Balance Conflicting Values Chapter Ten: Foreign Investment in the Energy Sector and Public Health by Valentina Vadi Introduction 1. Energy and Public Health: Making the Connection 2. A Case Study: Vattenfall v. Germany 3. Conflicting Conceptualizations of International Investment Arbitration 4. Amidst Deference and De Novo Review Conclusion Chapter Eleven: Foreign Investment in the Energy Sector: Lessons for International Investment Law by Stephan W. Schill Introduction 1.International Energy Investments: Fragmented Or Integrated Investment Regimes? 2. Learning From International Energy Investment Law Conclusion
£142.40
Brill Contemporary Developments in International Law: Essays in Honour of Budislav Vukas
Book SynopsisFor the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas’s interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities’ protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means). Of the 49 essays written by scholars and practitioners from different parts of the world six are in French.
£309.60
Brill Le contentieux de la mise en conformité dans le règlement des différends de l'O.M.C. / Adjudicating Compliance in the WTO Dispute Settlement System
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.
£300.00
Brill L’être situé , Effectiveness and Purposes of International Law: Essays in Honour of Professor Ryuichi Ida
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
£150.40
Brill China and International Investment Law: Twenty Years of ICSID Membership
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
£185.60
Brill The Changing Landscape of Global Financial Governance and the Role of Soft Law
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”
£185.60
Brill The Role of the State in Investor-State Arbitration
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
£200.80
Brill Agriculture, Price Stabilisation and Trade Rules: A Principled Approach
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
£150.40
Brill Towards Consistency in International Investment Jurisprudence: A Preliminary Ruling System for ICSID Arbitration
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
£205.60
Brill Cultural Heritage in International Economic Law
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
£132.00
Brill Law of International Trade in the Region of the Caucasus, Central Asia and Russia: Public International Law, Private Law, Dispute Settlement
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
£175.20
Brill What is Market Manipulation?: An Analysis of the Concept in a European and Nordic Context
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
£199.88
Brill Investor State Arbitration in a Changing World Order
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
£71.44