The SPS Agreement established a legal framework for national regulations aimed at protecting the environment and human health. Although such measures normally serve legitimate objectives, they can be disguised protectionism. This book explores to what extent WTO law provides just and effective solutions to this problem and others.
Analyses the regulatory areas relating to multinational enterprises. This book covers the economic law issues relating to jurisdiction, entry and establishment controls and liberalisation, tax, company law, competition and technology transfer. It also deals with the demands for corporate social responsibility covering labour, rights, and more.
Covers all elements of the standard course model offered at undergraduate and postgraduate level. It focuses on the issues that the International Economic Order face whilst elucidating the fundamental concepts and norms of International Economic Law. The writing style is clear and concise and promotes interest in the study of the subject.
This is a definitive monograph on the concept of obligations ergo omnes---international obligations owed to the international community as a whole and binding irrespective of consent. Ragazzi adopts a pragmatic approach that identifies five common elements among the examples of obligations ergo omnes given by the International Court.
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights and protection standards.
Intended for students of international law, this book provides expert commentary on WTO law, supported by extracts from cases and legislation. It combines the best aspects of both the casebook and legal analysis approaches, providing both explanations and analysis of the law.
Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.
This fully updated new edition explores the legal foundations of the international economy. Covering all aspects of international economic law including the GATT/WTO, the International Monetary System, transnational investment, arbitration and economic sanctions, it will be of interest to international economic lawyers and non-specialists alike.
Suitable for law students in relevant areas, or even for practitioners who want to brush up on their knowledge, this book describes and analyses the rules and provisions of the 1980 United Nations Convention on the International Sale of Goods. It explains the details of the CISG's text and reports the scholarly discussions of its issues.
This fully updated new edition explores the legal foundations of the international economy. Covering all aspects of international economic law including the GATT/WTO, the International Monetary System, transnational investment, arbitration and economic sanctions, it will be of interest to international economic lawyers and non-specialists alike.
International Agency, Distribution and Licensing Agreements provides readers with commentary, precedents, international coverage and guidance for advising clients on agency, distribution and licensing agreements. The precedents are also provided on a CD-rom which accompanies the book.
With the Doha Round on the rocks, the tension between the WTO's trade liberalization agenda and the development needs of many member states is more pronounced than ever. This book looks at the position of developing countries at the WTO from an institutionalist perspective and presents a range of proposals for change.
This, the first part of the second volume of this authoritative yearbook, examines two key areas of current academic debate: the relationship between the state and the global economy, and the interaction between climate change and international economic law.
There are more than 2, 500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This title focuses on five key dimensions of BIT arbitration.
Focuses on the law of international commercial litigation as practised in the English courts. This title considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. It also focuses on an analysis of legal aspects of international commercial arbitration.
In the aftermath of 9-11, Canadians and the federal government opened their arms to the Americans. Given this outpouring of support, it would have been reasonable to expect trade relations would improve. But the US continued to punish the fair-trading Canadians. This book examines the rational behind this approach taken by the United States.
Offers a comprehensive collection of statutory provisions un-annotated. This title is suitable for LLB and GDL course and exam use. It provides a link to an accompanying website that offers guidance on how to use and interpret statutes, providing tutorial and exam preparation.
Guides students through the complexities of the law of international trade, and presents the law relating to all the main aspects of the overseas sale. This third edition takes into account, the developments in the area of electronic commerce. It considers the contracts of sale, on which they are based.
This invaluable work contains a fully updated collection of all the major transnational commercial law instruments relating to this area of practice. Interspersed with explanatory linking text identifying key issues it provides an indispensable guide to the primary transnational commercial law instruments.
Centers on the transactional side of international business - both public and private - while delivering comprehensive coverage of the legal, cultural, political, economic, and ethical issues global business managers face. This title discusses the special challenges of doing business in developing countries and non-market-economies.
The Anti-Dumping Agreement is often perceived as being the most technical and most controversial WTO agreement. This book provides an overview of the WTO Anti-Dumping Agreement. It explains both basic concepts and advanced interpretations by WTO members in a relatively non-technical manner.
Thirty years after the approval on the 19th April 1980, the United Nations Convention on Contracts for the International Sale of Goods, the CISG, has become the law of international sales. This title presents commentaries by an international work which takes into account the various legal settings in which the CISG is applied.
Covers all elements of international economic law. The book focuses on the issues that the International Economic Order will face whilst elucidating the fundamental concepts and norms of the law. It describes the workings of the IMF, WTO and the World Bank, and studies liquidity and aid.
Presents an overview of the law of foreign investment, and an analysis of the principles and the standards of treatment available to foreign investors in international law. This book offers an assessment of trends in the case law on the interpretation of established and evolving principles, from both developed and developing country perspectives.
Protection of intellectual property rights (IPRs) has become a global issue. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies.
This work examines the growing interaction between private enterprises and public officials to challenge foreign trade barriers. It calls attention to the ways in which well-organized private parties are using the World Trade Organization's legal system to advance their own commercial ambitions.
Examines international harmonisation and the law of secured transactions. This book considers relevant issues under international conventions on the assignment of receivables, international factoring, international interests in mobile equipment, EBRD Model Law on Secured Transactions, and the "UNCITRAL Legislative Guide on Secured Transactions".
Highlights the limitations of the traditional school of law and development that was based on a mainstream understanding of economic development, emphasizing notions of rational man at the micro level and the superiority of modernity and unilinear models of economic progress at the macro level.
Analyses the developments in the field of international economic law, focusing on teaching, scholarship, and practice/service. This book contains advice on teaching IEL. It is suitable for lawyers, economists and other professionals throughout the world - whether in the private, public, academic or non-governmental sectors.
Looks at the application of human rights to non-state actors in international economic law. Focusing on the World Bank, the International Monetary Fund, the World Trade Organization and multinational enterprises, this book examines various legal obligations of these actors and evaluates proposals for reform.
Focuses on global antitrust law. Suitable for students from various jurisdictions having competition laws, and for practitioners, competition officials, and policy-makers interested in competition law, this book provides an analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws.
Discusses legal networks of transnational economic governance structures and their legitimacy problems. This title argues that globalisation and the universal recognition of human rights are transforming the intergovernmental 'society of states' into a cosmopolitan community of citizens.
This book analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.
The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration.
Equipping managers with a basic understanding of how law impacts upon business activity can help them avoid legal pitfalls. This title shows the legal dimensions in managerial decisions both nationally and internationally. It familiarizes the reader with legal issues from a business perspective. It uses examples to illustrate the legal principles.
The obligations of international trade law hinge upon the question of what constitutes 'like products'. Trade disputes will often involve an examination of whether the products in question are in competition with one another. This book seeks to develop consistent principles and an effective definition for this central issue of world trade law.
This text presents summaries and extracts from, and analysis of, the main cases and other materials on international sale contracts. The book concentrates especially on CIF (costs, insurance, freight) and FOB (free on board) contracts, and variations thereon.
A stimulating, authoritative account of international employment law written by a leading figure who for many years has shaped global policy, striving to implement fairer working conditions worldwide. We are expertly guided though the context and development of labour law, making this book ideal for study or research.
Focuses on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. This work deals with financial products and financial services, with the structure and operation of modern commercial and investment banks.
Based on an institutional analysis of relations between the WTO and other sites of governance, this book proposes ways in which global legal pluralism can be used to reform the WTO, today the predominant institution in the regulation of international trade, including trade between the EU and China.