International Economic Law

Author: Andreas F. Lowenfeld

Publisher: Oxford University Press on Demand

ISBN: 0199226938

Category: Law

Page: 956

View: 2898

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"Lowenfeld examines the major elements of economic law in the international arena including the World Trade Organization and its antecedents; dumping, subsidies, and other devices that alter the market; the International Monetary System, including the collapse of the Bretton Woods system; the debt of developing countries; the law of foreign direct investment, including changing perceptions of the rights of host states and multinational enterprises; and economic sanctions. The book also contains chapters on competition law, environmental law, and new chapters on intellectual property and the various forms of arbitration; demonstrating how these subjects fit into the framework of international economic law."--BOOK JACKET.

The Future of International Economic Law

Author: William J. Davey,John Howard Jackson

Publisher: Oxford University Press, USA

ISBN: 0199551138

Category: Business & Economics

Page: 326

View: 8041

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This book comprises fifteen specially commissioned contributions from the Editorial Board of the Journal of International Economic Law in celebration of the Journal's tenth anniversary. They were originally published as the third issue of volume 10 of the journal in September 2007.

Research Handbook in International Economic Law

Author: Andrew T. Guzm¾n,A. O. Sykes

Publisher: Edward Elgar Publishing

ISBN: 1847204236

Category: Political Science

Page: 640

View: 2510

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This major new work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.

Principles of International Economic Law

Author: Matthias Herdegen

Publisher: Oxford University Press

ISBN: 0198790562

Category:

Page: 624

View: 1451

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Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

International Economic Law and the Digital Divide

A New Silk Road?

Author: Rohan Kariyawasam

Publisher: Edward Elgar Publishing

ISBN: 1847205453

Category: Law

Page: 416

View: 853

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In this well researched book, the author explains the digital divide and its repercussions for developed and developing nations. In his view, the overzealous disciplining at the WTO-level of instruments affecting trade notwithstanding, developing countries still have important tools in their hands (intellectual property protection, competition policies, tax regimes) that can help them attract foreign direct investment, a crucial ingredient in reducing the current divide. Borrowing from the institutions that we have seen developed in international economic relations is highly recommended as well. In short, whether the divide will continue to persist or, conversely, whether it will gradually become a historical feature of international relations critically depends on the political will on both sides (of the divide). The author makes a persuasive argument to support his thesis, empirically researched and with strong foundations in theory. Petros C. Mavroidis, Columbia Law School, US and University of Neuch'tel, Switzerland This path-breaking book focuses on the WTO, e-commerce and information communications technologies. It sheds light on how international economic law can be used as a tool in the application of technological processes to facilitate development in developing countries. Rohan Kariyawasam begins by looking predominantly at the rise of international digital networks. He offers an introduction to the networks used in the delivery of electronic products and network-based transactions, and the application of WTO law to the sector. He then suggests how developing countries can use economic law and technology to tap digital markets in the developed world. The book also argues that the advance of basic living standards in some developing countries can be achieved through technological processes, but that this cannot happen without such states paying greater attention to the enforcement of economic, social and cultural rights at home. Picking up the property rights debate (including through bilateral trade), the author argues that ensuring beneficial technology transfer will require balancing foreign investor rights to protect intellectual property. It will also involve restrictions imposed by competition law and WTO surveillance to check the possible misuse of market power by multinational companies. The proposed mixture of measures should, he argues, provide incentives for Foreign Direct Investment. Providing a thorough review of the application of WTO law to the telecommunications sector and the regulation of international digital networks, this book will be of great interest to postgraduate students in international economic law and international development law, as well as those interested in human rights law and technology. It will also appeal to government regulators, NGOs and technologists interested in ICTs and development.

Regional trade agreements and the WTO legal system

Author: Lorand Bartels,Federico Ortino

Publisher: Oxford University Press, USA

ISBN: 9780199207008

Category: Business & Economics

Page: 604

View: 1520

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The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

Human Rights in International Investment Law and Arbitration

Author: Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann

Publisher: Oxford University Press

ISBN: 0199578184

Category: Law

Page: 597

View: 6254

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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.

International Economic Law and Monetary Measures

Limitations to States' Sovereignty and Dispute Settlement

Author: Annamaria Viterbo

Publisher: Edward Elgar Publishing

ISBN: 1781002614

Category: Business & Economics

Page: 368

View: 3351

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The 20072010 global financial crisis re-opened the debate on the reform of the international monetary and financial system. This well-argued book demonstrates the strategic role of international economic law (IEL) in ensuring international monetary stability and global financial stability. After discussing the current allocation of powers among IEL institutions, Annamaria Viterbo focuses on monetary measures: exchange restrictions, capital controls and exchange rate manipulations. These three fundamental topics are then examined through the lens of a multi-layered methodology, adopting perspectives from international monetary law, trade law and investment law. The author evaluates how the horizontal sectors in which IEL is traditionally divided interact and how conflicts between norms are avoided or solved. Particular attention is also devoted to the outcomes of trade and investment disputes that deal with monetary measures. International Economic Law and Monetary Measures will appeal to international trade law and international financial law scholars as well as law and business students. Legal practitioners and officials working in the field of international economic law will find it a useful reference, as will legal counsel in banks and financial institutions, international investors and multinational corporations.

International Law in Financial Regulation and Monetary Affairs

Author: Thomas Cottier,John H. Jackson,Rosa M. Lastra

Publisher: Oxford University Press

ISBN: 0199668191

Category: Business & Economics

Page: 455

View: 8414

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This is a must book to understand the field of international financial and monetary law. It presents a number of papers by a distinguished group of experts that analyse the emerging framework in international law that should govern financial institutions and markets on the one hand and monetary policies and monetary regulation on the other hand. The book deals with cross border issues and, given the importance of trade regulation and WTO law, they seek toestablish linkages and make comparisons wherever suitable.

Good Faith and International Economic Law

Author: Andrew D. Mitchell,M Sornarajah,Tania Voon

Publisher: OUP Oxford

ISBN: 0191060356

Category: Law

Page: 224

View: 2220

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The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is rapidly accumulating each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.

Performance Requirements and Investment Incentives Under International Economic Law

Author: David Collins

Publisher: Edward Elgar Publishing

ISBN: 1784712043

Category: LAW

Page: 288

View: 6618

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In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.

Compensation and Restitution in Investor-State Arbitration

Principles and Practice

Author: Borzu Sabahi

Publisher: Oxford University Press

ISBN: 0199601186

Category: Business & Economics

Page: 256

View: 9001

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This is a concise guide for lawyers, valuation experts, academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.

International Harmonization of Economic Regulation

Author: Junji Nakagawa

Publisher: Oxford University Press, USA

ISBN: 0199604665

Category: Law

Page: 391

View: 1938

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With the advancing globalization of the world economy, domestic economic regulations are becoming more and more subject to efforts at international harmonization. This book presents an analysis of this worldwide phenomenon from both a legal and a politico-economic perspective by focusing on (1) the backgrounds and objectives of international harmonization, (2) the negotiating processes involved, and (3) the impact of harmonization on domestic laws and their administration. International harmonization is discussed in a wide range of cases including trade-related regulations, technical standards and food safety standards, intellectual property rights, labor standards, competition law and policy, financial regulations, and regulations concerning transnational economic crime. Drawing on a wide range of materials and applying a unified analytical framework based on theoretical as well as practical observations, the book surveys this much debated topic in a comprehensive and accessible way. It thus contributes to a better understanding of both the chances and the challenges of globalization and global governance today.

Fresh Water and International Economic Law

Author: Edith Brown Weiss,Laurence Boisson de Chazournes,Nathalie Bernasconi-Osterwalder

Publisher: Oxford University Press on Demand

ISBN: 9780199274673

Category: Business & Economics

Page: 480

View: 7177

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This book addresses the key interdisciplinary issues that increasingly confront policy makers, tribunals, arbitration bodies and other institutions. It focuses primarily on law, but also includes perspectives from economics, political science and other disciplines.

Value Making in International Economic Law and Regulation

Alternative Possibilities

Author: Donatella Alessandrini

Publisher: Routledge

ISBN: 1317385829

Category: Business & Economics

Page: 176

View: 5463

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This book examines the contemporary production of economic value in today’s financial economies. Much of the regulatory response to the global financial crisis has been based on the assumption that curbing the speculative ‘excesses’ of the financial sphere is a necessary and sufficient condition for restoring a healthy economic system, endowed with real values, as distinct from those produced by financial markets. How, though, can the ‘intrinsic’ value of goods and services produced in the sphere of the so-called real economy be disentangled from the ‘artificial’ value engineered within the financial sphere? Examining current projects of international legal regulation, this book questions the regulation of the financial sphere insofar as its excesses are juxtaposed to some notion of economic normality. Given the problem of neatly distinguishing these domains – and so, more generally, between economy and society, and production and social reproduction – it considers the limits of our current conceptualization of value production and measurement, with specific reference to arrangements in the areas of finance, trade and labour. Drawing on a range of innovative work in the social sciences, and attentive to the spatial and temporal connections that make the global economy, as well as the racial, gender and class articulations of the social reproductive field within it, it further asks: what alternative arrangements might be able to affect, and indeed alter, the value-making processes that underlie our current international regulatory framework?

Human Rights and International Trade

Author: Thomas Cottier,Joost Pauwelyn

Publisher: Oxford University Press on Demand

ISBN: 9780199285839

Category: Business & Economics

Page: 522

View: 7577

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Examining the theoretical framework of the interaction between the disciplines of international trade law and human rights, this book explores the differing legal matrices of the two fields and examine how cooperation between them might be improved, both in international law-making and institutions, and in dispute settlement.

The Politics of International Economic Law

Author: Tomer Broude,Marc L. Busch,Amelia Porges

Publisher: Cambridge University Press

ISBN: 1139499122

Category: Law

Page: N.A

View: 3811

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How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.

Small and Medium-Sized Enterprises in International Economic Law

Author: Thilo Rensmann

Publisher: Oxford University Press

ISBN: 0192515152

Category: Law

Page: 370

View: 8310

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International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law.

Science and Technology in International Economic Law

Balancing Competing Interests

Author: Bryan Mercurio,Kuei-Jung Ni

Publisher: Routledge

ISBN: 1134119704

Category: Law

Page: 320

View: 5130

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Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.

International Trade and Health Protection

A Critical Assessment of the WTO's SPS Agreement

Author: Tracey Epps

Publisher: Edward Elgar Publishing

ISBN: 1848443870

Category: Technology & Engineering

Page: 368

View: 8838

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This detailed and fully referenced text is a valuable resource both for practitioners and academics. Michael Blakeney, International Trade Law and Regulation Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read. Geert Van Calster, Katholieke Universiteit, Leuven, Belgium This book examines and critiques the WTO s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement s science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.