International Economic Law

Author: Andreas F. Lowenfeld

Publisher: Oxford University Press, USA

ISBN: 9780199264117

Category: Law

Page: 776

View: 7587

As conflict and cooperation among states turn to an ever greater extent on economic issues, this treatise presents a comprehensive exploration of the legal foundations of the international economy. The subjects covered include: 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 the developing countries, and the rise of the euro; the law of transnational investment, including changing perceptions of the rights of host states and multinational enterprises; economicsanctions, including embargoes and boycotts; and the international aspects of competition law and of the law of the environment. Professor Lowenfeld brings to his task a life-time of practice and teaching experience to produce a book that will be of use to international lawyers and non-specialists alike.

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: 7774

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.

Small and Medium-Sized Enterprises in International Economic Law

Author: Thilo Rensmann

Publisher: Oxford University Press

ISBN: 0192515152

Category: Law

Page: 370

View: 5104

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.

Implementing International Economic Law

Through Dispute Settlement Mechanisms

Author: Yusuf Aksar

Publisher: Martinus Nijhoff Publishers

ISBN: 9004203834

Category: Business & Economics

Page: 197

View: 4856

Implementing International Economic Law focuses on the relationship between the rules of public international law and international economic law from the point of view of dispute settlement mechanisms. It demonstrates that the practice of international adjudicative bodies such as the WTO and the ICSID went beyond merely interpreting and applying the rules of law and became international organisations as “law-makers”. This is where the sources of international law play a crucial role.

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: 7435

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.

Performance Requirements and Investment Incentives Under International Economic Law

Author: David Collins

Publisher: Edward Elgar Publishing

ISBN: 1784712043

Category: LAW

Page: 288

View: 499

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.

International Economic Law

Contemporary Issues

Author: Giovanna Adinolfi,Freya Baetens,José Caiado,Angela Lupone,Anna G. Micara

Publisher: Springer

ISBN: 3319446452

Category: Law

Page: 288

View: 9171

This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.

Good Faith and International Economic Law

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

Publisher: OUP Oxford

ISBN: 0191060356

Category: Law

Page: 224

View: 9022

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.

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: 1668

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.

Emissions Trading Schemes under International Economic Law

Author: James Munro

Publisher: Oxford University Press

ISBN: 0192563858

Category: Law

Page: 224

View: 5517

The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market. However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements. Munro addresses this issue by evaluating whether carbon units qualify as 'goods', 'services', 'financial services', and 'investments' under international economic law and showing how international economic law applies to emissions trading scheme in diverse and unexpected ways. Further, by engaging in a comparative assessment of schemes around the world, his book illustrates how and why all emissions trading schemes engage in various forms of violations of international economic law which would not, in most instances, be justified by environmental or other exceptions. In doing so, he demonstrates how such schemes can be designed or reformed in ways to ensure their future compliance.

China and International Investment Law

Twenty Years of ICSID Membership

Author: Wenhua Shan,Jinyuan Su

Publisher: Martinus Nijhoff Publishers

ISBN: 9004279636

Category: Business & Economics

Page: 450

View: 8441

The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world.

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: 9290

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.

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: 7486

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.

The Principle of National Treatment in International Economic Law

Trade, Investment and Intellectual Property

Author: Anselm Kamperman Sanders

Publisher: Edward Elgar Publishing

ISBN: 1783471220

Category: Political Science

Page: 352

View: 5777

The principle of national treatment, or the non-discrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international tr

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: 8479

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.

Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Author: Michelle T. Grando

Publisher: Oxford University Press

ISBN: 019957264X

Category: Law

Page: 410

View: 4756

This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.