2013-01-10

Principles of International Economic Law

By ,
  • Full Title : Principles of International Economic Law
  • Author : ,
  • Publisher : OUP Oxford
  • ISBN Code : 0191651532
  • Pages : 536
  • Format : Pdf - ePub
  • Language : English
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Principles of International Economic Law gives 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. The book sets the classic topics of international economic law, WTO law, investment protection, commercial law, and monetary law in context with human rights, environmental protection, good governance, and the needs of developing countries. It thus provides a concise picture of the current architecture of international economic law. 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. 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.


2014-10-31

The Principle of National Treatment in International Economic Law

By Anselm Kamperman Sanders
  • Full Title : The Principle of National Treatment in International Economic Law
  • Author : Anselm Kamperman Sanders
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1783471220
  • Pages : 352
  • Format : Pdf - ePub
  • Language : English
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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


2012-07-24

International Economic Law in the 21st Century

By Ernst-Ulrich Petersmann
  • Full Title : International Economic Law in the 21st Century
  • Author : Ernst-Ulrich Petersmann
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1847319815
  • Pages : 574
  • Format : Pdf - ePub
  • Language : English
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The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.


2016-09-29

Principles of International Economic Law

By Matthias Herdegen
  • Full Title : Principles of International Economic Law
  • Author : Matthias Herdegen
  • Publisher : Oxford University Press
  • ISBN Code : 0192507842
  • Pages : 552
  • Format : Pdf - ePub
  • Language : English
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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.


2014-10-17

Fundamental Principles of Law and Economics

By Alan Devlin
  • Full Title : Fundamental Principles of Law and Economics
  • Author : Alan Devlin
  • Publisher : Routledge
  • ISBN Code : 1317616499
  • Pages : 424
  • Format : Pdf - ePub
  • Language : English
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This textbook places the relationship between law and economics in its international context, explaining the fundamentals of this increasingly important area of teaching and research in an accessible and straightforward manner. In presenting the subject, Alan Devlin draws on the neoclassical tradition of economic analysis of law while also showcasing cutting- edge developments, such as the rise of behavioural economic theories of law. Key features of this innovative book include: case law, directives, regulations, and statistics from EU, UK, and US jurisdictions are presented clearly and contextualised for law students, showing how law and economics theory can be understood in practice; succinct end- of-chapter summaries highlight the essential points in each chapter to focus student learning; further reading is provided at the end of each chapter to guide independent research. Making use of tables and diagrams throughout to facilitate understanding, this text provides a comprehensive overview of law-and-economics that is ideal for those new to the subject and for use as a course text for law-and-economics modules.


2018-03-20

Sovereign Rules and the Politics of International Economic Law

By Marc Froese
  • Full Title : Sovereign Rules and the Politics of International Economic Law
  • Author : Marc Froese
  • Publisher : Routledge
  • ISBN Code : 1351115561
  • Pages : 222
  • Format : Pdf - ePub
  • Language : English
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How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law – introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.


2012-11-15

Principles of International Investment Law

By Rudolf Dolzer,Christoph Schreuer
  • Full Title : Principles of International Investment Law
  • Author : Rudolf Dolzer,Christoph Schreuer
  • Publisher : OUP Oxford
  • ISBN Code : 0191632139
  • Pages : 456
  • Format : Pdf - ePub
  • Language : English
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This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor vs State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.


2020-02-28

International Investment Law

By Arnaud de Nanteuil
  • Full Title : International Investment Law
  • Author : Arnaud de Nanteuil
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1788975898
  • Pages : 464
  • Format : Pdf - ePub
  • Language : English
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This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.


2018-07-27

Principles of Law and Economics

By Antony W. Dnes
  • Full Title : Principles of Law and Economics
  • Author : Antony W. Dnes
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1781956030
  • Pages : 352
  • Format : Pdf - ePub
  • Language : English
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This is a new and significantly updated edition of a standard text for the field of Law and Economics. Taking a straightforward approach and written in an accessible manner without reliance on mathematical modelling, it is aimed at Law and Economics students in law schools as well as economics departments. New to this edition is new and substantially increased coverage of more contemporary fields of vision in the Law and Economics paradigm, such as Intellectual Property, Family Law, and Behavioural Economics. With an array of exercises and questions throughout the book, and extensive references to further reading, this text reflects the way Law and Economics is taught in a contemporary context.


2020-06-29

Economic and Social Rights Law

By Katie Boyle
  • Full Title : Economic and Social Rights Law
  • Author : Katie Boyle
  • Publisher : Routledge
  • ISBN Code : 1351579762
  • Pages : 312
  • Format : Pdf - ePub
  • Language : English
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This book develops principles of adjudication to facilitate accountability for violations of Economic and Social Rights. Economic and Social Rights engage with areas relating to social justice and their violation tends to impact on the most vulnerable members of society. Taking the UK as a case study, the book draws on international experience and comparative practice, including progressive reform at the devolved subnational level, that demonstrate the potential reach of Economic and Social Rights when the rights are given legal standing in domestic settings according to their status in international law. The work looks at different models of incorporation of rights into domestic law and sets out existing justiciability mechanisms for their enforcement as well as future models open to development. In so doing the book develops principles of adjudication drawn from deliberative democracy theory that help address some of the critiques of social rights adjudication. This book will have a global and cross-sectoral appeal to legal practitioners, the judiciary and the civil services, as well as to researchers, academics and students in the fields of human rights law, comparative constitutional law and deliberative democracy theory.


2015-04-15

Permanent Sovereignty over Natural Resources

By Marc Bungenberg,Stephan Hobe
  • Full Title : Permanent Sovereignty over Natural Resources
  • Author : Marc Bungenberg,Stephan Hobe
  • Publisher : Springer
  • ISBN Code : 3319157388
  • Pages : 221
  • Format : Pdf - ePub
  • Language : English
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Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.


2020-06-11

International Investment Law

By Surya P Subedi QC
  • Full Title : International Investment Law
  • Author : Surya P Subedi QC
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1509936386
  • Pages : 304
  • Format : Pdf - ePub
  • Language : English
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'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.


2016-02-22

General Principles of European Private International Law

By Stefan Leible
  • Full Title : General Principles of European Private International Law
  • Author : Stefan Leible
  • Publisher : Kluwer Law International B.V.
  • ISBN Code : 9041159649
  • Pages : 418
  • Format : Pdf - ePub
  • Language : English
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European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.


2009-12-16

Law in the Pursuit of Development

By Amanda Perry Kessaris
  • Full Title : Law in the Pursuit of Development
  • Author : Amanda Perry Kessaris
  • Publisher : Routledge
  • ISBN Code : 1135179425
  • Pages : 312
  • Format : Pdf - ePub
  • Language : English
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Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development. This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.


2015-04-16

Jurisdiction in International Law

By Cedric Ryngaert
  • Full Title : Jurisdiction in International Law
  • Author : Cedric Ryngaert
  • Publisher : OUP Oxford
  • ISBN Code : 0191002224
  • Pages : 300
  • Format : Pdf - ePub
  • Language : English
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applicatins of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.


2016-12-30

Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law

By Andrew D. Mitchell,David Heaton,Caroline Henckels
  • Full Title : Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law
  • Author : Andrew D. Mitchell,David Heaton,Caroline Henckels
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1785368095
  • Pages : 200
  • Format : Pdf - ePub
  • Language : English
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Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.


2019-12-27

Foundations of International Economic Law

By David Collins
  • Full Title : Foundations of International Economic Law
  • Author : David Collins
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1788975693
  • Pages : 288
  • Format : Pdf - ePub
  • Language : English
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This introductory textbook explores the key legal principles and institutions that underpin the global economy. Featuring discussion of the economic rationale and social impact of the various legal regimes, Professor David Collins explores the four main pillars in international economic law: international trade, international investment, monetary relations, and development.


2014-10-31

The Principle of National Treatment in International Economic Law

By Anselm Kamperman Sanders
  • Full Title : The Principle of National Treatment in International Economic Law
  • Author : Anselm Kamperman Sanders
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1783471220
  • Pages : 352
  • Format : Pdf - ePub
  • Language : English
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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


2015-02-19

Public Policy in International Economic Law

By Diane Desierto
  • Full Title : Public Policy in International Economic Law
  • Author : Diane Desierto
  • Publisher : OUP Oxford
  • ISBN Code : 0191026484
  • Pages : 432
  • Format : Pdf - ePub
  • Language : English
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.