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Principles of International Economic Law

By Matthias Herdegen
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191651533
  • Pages : 536
  • Category : Law
  • Reads : 924
  • File Pdf: principles-of-international-economic-law.pdf

Book Summary:

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.

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Exam Prep for: Principles of International Economic Law

By
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  • Publisher : N.a
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The Misery of International Law

By John Linarelli,Margot E Salomon,Muthucumaraswamy Sornarajah
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780191068706
  • Pages : 200
  • Category : Law
  • Reads : 777
  • File Pdf: the-misery-of-international-law.pdf

Book Summary:

Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.

Economic Foundations of International Law

By Eric A. Posner,A. O Sykes
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Harvard University Press
  • Isbn : 9780674071520
  • Pages : 382
  • Category : Law
  • Reads : 823
  • File Pdf: economic-foundations-of-international-law.pdf

Book Summary:

Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.

International Investment Law

By Surya P Subedi QC
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Isbn : 9781509936380
  • Pages : 304
  • Category : Law
  • Reads : 537
  • File Pdf: international-investment-law.pdf

Book Summary:

'...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.

International Law

By David Pataraia
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  • Publisher : Routledge
  • Isbn : 9781000477320
  • Pages :
  • Category : Law
  • Reads : 837
  • File Pdf: international-law.pdf

Book Summary:

International Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. Featuring cases, materials, and illustrative figures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics include the law of treaties, international organisations, the international protection of human rights, responsibility in international law, jurisdiction, diplomatic and consular law, territory in international law, the law of the sea, international air and space law, international economic law, international environmental law, and international humanitarian law. This comprehensive textbook will be essential reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular area of international law before exploring further.

Principles of Law Relating to International Trade

By Nicholas Kouladis
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Isbn : 9780387306995
  • Pages : 301
  • Category : Law
  • Reads : 837
  • File Pdf: principles-of-law-relating-to-international-trade.pdf

Book Summary:

This book, first entitled Principles of Law Relating to Overseas Trade, has been 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 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.

Principles of Law

By M.E. Bayles
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  • Publisher : Springer Science & Business Media
  • Isbn : 9789400937758
  • Pages : 398
  • Category : Philosophy
  • Reads : 474
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Book Summary:

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars.

Jurisdiction in International Law

By Cedric Ryngaert
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  • Publisher : OUP Oxford
  • Isbn : 9780191002229
  • Pages : 300
  • Category : Law
  • Reads : 807
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Book Summary:

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.

Principles of Law and Economics

By Antony W. Dnes
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  • Publisher : Edward Elgar Publishing
  • Isbn : 9781781956038
  • Pages : 352
  • Category : Business & Economics
  • Reads : 255
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Book Summary:

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.

Permanent Sovereignty over Natural Resources

By Marc Bungenberg,Stephan Hobe
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  • Publisher : Springer
  • Isbn : 9783319157382
  • Pages : 221
  • Category : Law
  • Reads : 141
  • File Pdf: permanent-sovereignty-over-natural-resources.pdf

Book Summary:

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.

Principles of International Law

By John Balouziyeh, Esq.
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Vandeplas Publishing
  • Isbn : 9781681090368
  • Pages : 187
  • Category : Law
  • Reads : 872
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Book Summary:

This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.

Human Rights in International Investment Law and Arbitration

By Pierre-Marie Dupuy,Ernst-Ulrich Petersmann,Francesco Francioni
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191580437
  • Pages : 646
  • Category : Law
  • Reads : 488
  • File Pdf: human-rights-in-international-investment-law-and-arbitration.pdf

Book Summary:

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

The Interaction between World Trade Organisation (WTO) Law and External International Law

By Ronnie R.F. Yearwood
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Isbn : 9781136663598
  • Pages : 266
  • Category : Business & Economics
  • Reads : 992
  • File Pdf: the-interaction-between-world-trade-organisation.pdf

Book Summary:

International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.

Documents in International Economic Law

By Christian J. Tams,Christian Tietje
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  • Publisher : OUP Oxford
  • Isbn : 9780191632648
  • Pages : 760
  • Category : Law
  • Reads : 946
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Book Summary:

International economic law is one of the crucial branches of international law, and of major importance both practically and conceptually. This document collection brings together all of the most important treaties, regulations, and other documents in this area. It presents the key documents of contemporary international economic law in one single volume, so to provide students as well as practitioners with an accessible reference guide. The book will feature a brief introduction, providing readers with a 'roadmap' through what is perceived by many as the maze of international economic law. The collection brings together documents relating to the three main pillars of international economic law, namely world trade law, international monetary law, and international investment law. These are preceded by texts of a more general character, notably issued by the United Nations and clarifying the parameters of international economic relations. This broad focus enables readers to view international economic law in its breadth and to avoid the pitfalls of a 'compartmentalised' approach, which exclusively focuses on, for example, WTO law or investment law without appreciating their interrelation. By bringing together key texts of all three branches, the book should be invaluable to students taking general courses of international economic law as well as more specialised courses such as WTO law or investment law.

European Yearbook of International Economic Law 2020

By Marc Bungenberg
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Nature
  • Isbn : 9783030590710
  • Pages :
  • Category :
  • Reads : 869
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Book Summary:

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General Principles of Law and International Due Process

By Charles T. Kotuby, Jr.,Luke A. Sobota,Center for International Legal Education (CILE) University of Pittsburgh School of Law
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780190642716
  • Pages : 288
  • Category : Law
  • Reads : 480
  • File Pdf: general-principles-of-law-and-international-due-process.pdf

Book Summary:

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Equity and Equitable Principles in the World Trade Organization

By Anastasios Gourgourinis
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Isbn : 9781317964155
  • Pages : 402
  • Category : Law
  • Reads : 557
  • File Pdf: equity-and-equitable-principles-in-the-world-trade-organization.pdf

Book Summary:

This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

Mediation in International Commercial and Investment Disputes

By Catharine Titi,Katia Fach Gómez
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192562999
  • Pages : 400
  • Category : Law
  • Reads : 361
  • File Pdf: mediation-in-international-commercial-and-investment-disputes.pdf

Book Summary:

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

International Development Law

By Rumu Sarkar
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Nature
  • Isbn : 9783030400712
  • Pages : 453
  • Category : Law
  • Reads : 202
  • File Pdf: international-development-law.pdf

Book Summary:

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the “right to development” within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author’s professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

Mega-Regional Trade Agreements

By Thilo Rensmann
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Isbn : 9783319566634
  • Pages : 376
  • Category : Law
  • Reads : 678
  • File Pdf: mega-regional-trade-agreements.pdf

Book Summary:

This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Principles of Political Economy and Taxation

By David Ricardo
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Cosimo, Inc.
  • Isbn : 9781596059276
  • Pages : 305
  • Category : Business & Economics
  • Reads : 409
  • File Pdf: principles-of-political-economy-and-taxation.pdf

Book Summary:

There can be no rise in the value of labor without a fall of profits. If the corn is to be divided between the farmer and the laborer, the larger the proportion that is given to the latter the less will remain for the former -from "On Value" Friend to, colleague of, and influence on the likes of James Mill, Jeremy Bentham, and Thomas Malthus, revolutionary British writer DAVID RICARDO (1772-1823) was one of the foundational thinkers of classical economics, developing theories of rent, wages, profits, value, and labor that continue to dramatically impact economic philosophy today. Principles of Political Economy and Taxation, first published in 1817, is his major work. Here, he introduces the concept of comparative advantage, explores the impact of taxes, examines the effects of accumulation of profits and interest, discusses trade, currency, and banks, and much more. ALSO FROM COSIMO: Ricardo's Classics of Economics: The High Price of Bullion and An Essay on Profits

The Function of Equity in International Law

By Catharine Titi
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192638274
  • Pages : 224
  • Category : Law
  • Reads : 493
  • File Pdf: the-function-of-equity-in-international-law.pdf

Book Summary:

This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Why Nations Fail

By Daron Acemoglu,James A. Robinson
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Currency
  • Isbn : 9780307719232
  • Pages : 544
  • Category : Business & Economics
  • Reads : 595
  • File Pdf: why-nations-fail.pdf

Book Summary:

Brilliant and engagingly written, Why Nations Fail answers the question that has stumped the experts for centuries: Why are some nations rich and others poor, divided by wealth and poverty, health and sickness, food and famine? Is it culture, the weather, geography? Perhaps ignorance of what the right policies are? Simply, no. None of these factors is either definitive or destiny. Otherwise, how to explain why Botswana has become one of the fastest growing countries in the world, while other African nations, such as Zimbabwe, the Congo, and Sierra Leone, are mired in poverty and violence? Daron Acemoglu and James Robinson conclusively show that it is man-made political and economic institutions that underlie economic success (or lack of it). Korea, to take just one of their fascinating examples, is a remarkably homogeneous nation, yet the people of North Korea are among the poorest on earth while their brothers and sisters in South Korea are among the richest. The south forged a society that created incentives, rewarded innovation, and allowed everyone to participate in economic opportunities. The economic success thus spurred was sustained because the government became accountable and responsive to citizens and the great mass of people. Sadly, the people of the north have endured decades of famine, political repression, and very different economic institutions—with no end in sight. The differences between the Koreas is due to the politics that created these completely different institutional trajectories. Based on fifteen years of original research Acemoglu and Robinson marshall extraordinary historical evidence from the Roman Empire, the Mayan city-states, medieval Venice, the Soviet Union, Latin America, England, Europe, the United States, and Africa to build a new theory of political economy with great relevance for the big questions of today, including: - China has built an authoritarian growth machine. Will it continue to grow at such high speed and overwhelm the West? - Are America’s best days behind it? Are we moving from a virtuous circle in which efforts by elites to aggrandize power are resisted to a vicious one that enriches and empowers a small minority? - What is the most effective way to help move billions of people from the rut of poverty to prosperity? More philanthropy from the wealthy nations of the West? Or learning the hard-won lessons of Acemoglu and Robinson’s breakthrough ideas on the interplay between inclusive political and economic institutions? Why Nations Fail will change the way you look at—and understand—the world.

The Right to Development and International Economic Law

By Isabella D Bunn
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Isbn : 9781847319111
  • Pages : 368
  • Category : Law
  • Reads : 872
  • File Pdf: the-right-to-development-and-international-economic-law.pdf

Book Summary:

The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.

The Right to Development and International Economic Law

By Isabella D Bunn
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Isbn : 9781847319104
  • Pages : 368
  • Category : Law
  • Reads : 260
  • File Pdf: the-right-to-development-and-international-economic-law.pdf

Book Summary:

The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.

EU External Action in International Economic Law

By Mads Andenas,Luca Pantaleo,Matthew Happold,Cristina Contartese
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Nature
  • Isbn : 9789462653917
  • Pages : 339
  • Category : Law
  • Reads : 207
  • File Pdf: eu-external-action-in-international-economic-law.pdf

Book Summary:

The topic of this book is 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. The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law. Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.

International Economic Law, Globalization and Developing Countries

By Julio Faundez,Celine Tan
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Edward Elgar Publishing
  • Isbn : 9781849806671
  • Pages : 512
  • Category : Law
  • Reads : 849
  • File Pdf: international-economic-law-globalization-and-developing-countries.pdf

Book Summary:

This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.

Principles of International Economic Law

By Matthias Herdegen
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Isbn : 9780192507846
  • Pages : 552
  • Category : Law
  • Reads : 973
  • File Pdf: principles-of-international-economic-law.pdf

Book Summary:

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 Law

By Vaughan Lowe
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191509070
  • Pages : 328
  • Category : Law
  • Reads : 470
  • File Pdf: international-law.pdf

Book Summary:

International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

Trade Agreements, Investment Protection and Dispute Settlement in Latin America

By Belén Olmos Giupponi
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : Kluwer Law International B.V.
  • Isbn : 9789041186195
  • Pages : 448
  • Category : Law
  • Reads : 167
  • File Pdf: trade-agreements-investment-protection-and-dispute-settlement-in-latin-america.pdf

Book Summary:

In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region's various economic blocs. Among the many issues and topics raised the following may be mentioned: • questions of compliance and procedure in the context of today's international investment regime; • formalized dispute settlement mechanisms; • alternative dispute resolution channels, including dispute prevention practices; • legitimacy and transparency of the various dispute settlement mechanisms; • inclusion of social clauses in trade and investment agreements; and • avoidance of investment treaty liability. In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change. As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book's detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres and officials in international organizations will welcome this book's model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.

International Law

By Vaughan Lowe
  • Format : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Isbn : 9780191027284
  • Pages : 328
  • Category : Law
  • Reads : 304
  • File Pdf: international-law.pdf

Book Summary:

International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.