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Sustainable Commodity Use : Its Governance, Legal Framework, and Future Regulatory Instruments
Examines the governance and legal landscape of the global commodity sector. For that purpose, the author conceptualises both Global Commodity Governance (GCG) as well as Transnational Commodity Law (TCL). He defines the key terms of Global Commodity Governance, delineates the underlying legal framework of Transnational Commodity Law, and assesses the effectiveness of Transnational Commodity Law in fostering a functional commodity sector.
Sustainability objectives in competition and intellectual property law
Focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.Sustainability has gained prominence in competition law in all jurisdictions covered in this volume.
Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm
offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate.
Public services in EU trade and investment agreements
examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers.
Public Actors in International Investment Law
Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the “principal” players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter.
Principles of Law Relating to International Trade
Principles of Law Relating to International Trade (formerly Principles of Law Relating to Overseas Trade) has been comprehensively expanded, revised, repackaged and re-titled in this edition to provide a more accessible and relevant textbook on the subject. Commentary and references to new and classic cases are now included in footnotes in the main text, for ease of reading. Imbued with careful research and practical experience it presents an attempt to form a concise and authoritative statement of the law affecting international trade. The book’s concise, lucid style will be particularly popular among law students both at degree and professional level, and among practising lawyers.
Payment Methods and Finance for International Trade
Explains various methods of payment in international trade and trade finance schemes for international trade. It also presents an overview of the concepts, purposes, features, and risks of international trade. A grasp of the features and risks of international trade facilitates a better understanding of the numerous methods of payment in international trade and the relevant trade finance schemes, which is essential to success in international trade transactions.
New Voices and New Perspectives in International Economic Law
brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, international investment and international finance.
National security exceptions in international trade and investment agreements : Justiciability and standards of review
provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA.
Investor-State Dispute Settlement and National Courts : Current Framework and Reform Options
This 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.
Intellectual Property in the Global Trading System : EU-China Perspective
Having explored multifaceted issues of IPR enforcement, this book argues that IPR enforcement problem is not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are common inevitable consequences of inadequate economic development and a by-product of a unique set of socioeconomic crises deriving from the development of a dysfunctional institutional regime. By examining areas of compatibilities between European and Chinese cultures and analysing painful lessons from the US-China negotiations over IPR protection.
Insurance distribution directive : A legal analysis
This book of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD).
Innovation, Economic Development, and Intellectual Property in India and China : Comparing Six Economic Sectors
This book analyses intellectual property and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry, the film industry, the pharmaceutical industry, plant varieties and food security, the automobile industry, and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concerns of the book are how the examined industries have developed in the two countries, what role state innovation policy and/or IP policy has played in such development, what the nature of the state innovation policy/IP policy is, whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant, and whether there is a possibility of synergy between the two economies. The book also inquires as to why and how one specific industry has developed in one country and not in the other, and what India and China can learn from each other.
Handbook of International Investment Law and Policy
The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc.
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court : Options Regarding the Institutionalization of Investor-State Dispute Settlement
This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection.
Foreign Investor Misconduct in International Investment Law
examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc.
EU External Action in International Economic Law : Recent Trends and Developments
The topic of the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor.
Combatting Illicit Trade on the EU Border : A Comparative Perspective
This book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, Slovakia and Romania) and two “old” EU countries (Germany and Italy).
Brexit and the Control of Tobacco Illicit Trade
This book assesses the consequences of Brexit for the control of illicit trade in tobacco products in the UK and EU. Based on the currently applicable legal framework, it examines the significance of a possible non-application of the acquis communautaire in the UK in matters relating to anti-illicit trade in tobacco legislation.
Big Data and Global Trade Law
Explores the relevance of global trade law for data, big data and cross-border data flows. Contributing authors from different disciplines including law, economics and political science analyze developments at the World Trade Organization and in preferential trade venues by asking what future-oriented models for data governance are available and viable in the area of trade law and policy. The collection paints the broad picture of the interaction between digital technologies and trade regulation as well as provides in-depth analyses of critical to the data-driven economy issues, such as privacy and AI, and different countries' perspectives.
