Public international law: economic and trade Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book Synopsis"An indispensable and compact reference guide that provides an ideal platform for scholars, practitioners (in-house counsel, legal advisors and advocates) and students internationally. The reviewer is tempted to extend this list to include commercial parties such as the importers and exporters as the writing is clear, concise and direct, contract clauses and practitioner tips sections are provided, and finally because the book provides illustrations to which they can relate." European Review of Private Law 2017 (of the 1st edition) Almost 5 years have passed since the first edition of this popular work was published. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have under­gone important changes: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in in 2016, the UNI­DROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Scholars and practitioners will find its systematic survey of the field invaluable.Table of ContentsSummary of Contents CHAPTER 1 INTRODUCTION Larry A DiMatteo, Andre Janssen, Ulrich Magnus and Reiner Schulze CHAPTER 2 LANGUAGE AND TRANSLATION ISSUES Claire M. Germain & Larry A. DiMatteo CHAPTER 3 PRECONTRACTUAL LIABILITY IN THE CIVIL LAW Adam Fuglinszky CHAPTER 4 PRE-CONTRACTUAL LIABILITY IN THE COMMON LAW Larry A. DiMatteo CHAPTER 5 SCOPE OF CISG Sieg Eiselen CHAPTER 6 JURISDICTION Sieg Eiselen CHAPTER 7 CONTRACTUAL FORMALITIES Sieg Eiselen CHAPTER 8 FORMATION OF CONTRACT Reiner Schulze CHAPTER 9 INCORPORATION OF STANDARD TERMS Ulrich Magnus CHAPTER 10 TRADE TERMS AND INCOTERMS Ulrich Magnus and Burghard Piltz CHAPTER 11 VALIDITY OF CONTRACT TERMS Edoardo Ferrante CHAPTER 12 DELIVERY OF GOODS Sorren Kiene CHAPTER 13 DELIVERY OF DOCUMENTS Christian Fleischmann and Martin Schmidt-Kessel CHAPTER 14 CONFORMITY OF GOODS Bruno Zeller CHAPTER 15 SALES AND INTELLECTUAL PROPERTY RIGHTS Wentong Zheng CHAPTER 16 EXAMINATION AND NOTIFICATION OF NON-CONFORMITIES Andre Janssen CHAPTER 17 PERFORMANCE AND BREACH OF CONTRACT Ulrich Magnus CHAPTER 18 ANTICIPATORY BREACH Qiao Liu CHAPTER 19 REMEDIES AND DAMAGES Michael Bridge CHAPTER 20 AVOIDANCE FOR BREACH OF CONTRACT Harriet N. Schelhaas and Harry M. Flechtner CHAPTER 21 RISK OF LOSS Michael Bridge CHAPTER 22 EXCUSE: FORCE MAJEURE AND HARDSHIP Larry A. DiMatteo CHAPTER 23 CONTRACT INTERPRETATION AND MERGER CLAUSES Lisa Spagnolo and Larry A. DiMatteo CHAPTER 24 PRODUCTS LIABILITY Michel Cannarsa CHAPTER 25 ASSIGNMENT, DELEGATION AND THIRD-PARTY RIGHTS N. Orkun Akseli CHAPTER 26 DEFENSES Francesco Paolo Patti and Willibald Posch CHAPTER 27 AGENCY AND DISTRIBUTION AGREEMENTS Severine Saintier CHAPTER 28 LONG-TERM CONTRACTS: INSTALLMENT AND SUPPLY CONTRACTS Larry A. DiMatteo and Giuditta Cordero-Moss CHAPTER 29 POST-CONTRACT: CONTINUING OBLIGATIONS & RIGHTS Larry A. DiMatteo CHAPTER 30 CHOICE OF LAW Petra Butler

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

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