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Book
1 online resource (574 pages) : digital, PDF file(s).
  • 1. The fragmented disciplines of international economic law after the global financial and economic crisis: an introduction C. L. Lim and Bryan Mercurio-- Part I. Monetary Cooperation, Trade and Finance: 2. Does financial law suffer from a systemic failure? A study of the fragmentation of legal sources Rolf H. Weber-- 3. Credit rating agencies: financial multipolarity, EU regulatory export and the development of global standards through multilevel governance Elisabetta Cervone-- 4. The broken glass of European integration: origins and remedies of the Eurozone crisis and implications for global markets Emilios Avgouleas and Douglas W. Arner-- 5. From regional fragmentation to coherence: a way forward for East Asia Ross P. Buckley-- 6. 'The law works itself pure': the fragmented disciplines of global trade and monetary cooperation, and the Chinese currency problem C. L. Lim-- Part II. Trade and Some of its Linkages: 7. Roadblocks and pathways towards inter-state cooperation in increasing interdependence An Hertogen-- 8. The industrial policy of China and WTO law: 'the shrinking policy space' argument as sterile fragmentation Junji Nakagawa-- 9. The first condition of progress? Freedom of speech and the limits of international trade law Tomer Broude and Holger Hestermeyer-- 10. Emergency safeguard measures for trade in services: a case study of intra-disciplinary fragmentation Shin-yi Peng-- 11. The schizophrenia of countermeasures in international economic law: the case of the ASEAN comprehensive investment agreement Martins Paparinskis-- Part III: Investment Law and Intellectual Property Protection: 12. Multilateral convergence of investment company regulation Anita K. Krug-- 13. Greek debt restructuring, Abaclat v. Argentina and investment treaty commitments: the impact of international investment agreements on the Greek default Julien Chaisse-- 14. Chinese bilateral investment treaties: a case of 'internal fragmentation' Juan Ignacio Stampalija-- 15. A post-global economic crisis issue: development, agriculture, 'land grabs', and foreign direct investment Antoine Martin-- 16. Intellectual property rights in international investment agreements: striving for coherence in national and international law Tania Voon, Andrew Mitchell and James Munro-- 17. The anti-counterfeiting trade agreement: less harmonization, further fragmentation Bryan Mercurio-- Part IV. Aspects of Climate Change Regulation: 18. The WTO legality of the application of the EU's emission trading system to aviation Lorand Bartels-- 19. Certain legal aspects of the multilateral trade system and the promotion of renewable energy Rafael Leal-Arcas and Andrew Filis-- Part V. Concluding Observations: 20. Conclusion: beyond fragmentation? C. L. Lim and Bryan Mercurio.
  • (source: Nielsen Book Data)9781107075696 20160618
This collection explores the theme of fragmentation within international economic law as the world emerges from the 2008 global financial crisis, the subsequent recession and the European sovereign debt crisis which began in early 2010. The post-crisis 'moment' itself forms a contemporary backdrop to the book's focus on fragmentation as it traces the evolution of the international economic system from the original Bretton Woods design in the aftermath of the Second World War to the present time. The volume covers issues concerning monetary cooperation, trade and finance, trade and its linkages, international investment law, intellectual property protection and climate change. By connecting a broad, cross-disciplinary survey of international economic law with contemporary debate over international norm and authority fragmentation, the book demonstrates that this has been essentially a fragmented and multi-focal system of international economic regulation.
(source: Nielsen Book Data)9781107075696 20160618
Book
1 online resource (344 pages) : digital, PDF file(s).
  • Introduction: China in the international economic order: new directions and changing paradigms Colin B. Picker and Lisa Toohey-- Part I. Perspectives on China in the International Order: 1. Revamping the China model for the post-global financial crisis era: the emerging post-Washington, post-Beijing consensus Randall Peerenboom-- 2. Regarding China: images of China in the international economic order Lisa Toohey-- 3. China and international tribunals: onward from the WTO Marcia Don Harpaz-- 4. China's legal cultural relationship to international economic law: multiple and conflicting paradigms Colin B. Picker-- Part II. Trade: 5. From the Doha round to the China round: China's growing role in WTO negotiations Henry Gao-- 6. China's implementation of WTO decisions Timothy Webster-- 7. The emerging rules on state capitalism and their implications for China's use of SOEs Junji Nakagawa-- 8. Standards as a means to technological leadership? China's ICT standards in the context of the international economic order Shin-yi Peng-- Part III. Financial and Monetary: 9. China's negotiation of the international economic legal order Ross P. Buckley and Weihuan Zhou-- 10. Is the rise of Chinese state capital a regulatory game changer? The example of inward investment capital to Australia Justin O'Brien, George Gilligan and Jonathan Greenacre-- 11. Contesting the liberal imaginary? China's role in the international monetary system Julian Gruin-- 12. China, economic Taoism and development: different paradigms, different outcomes Xuezhu Bai and Nicholas Morris-- Part IV. Competition, IP and Investment: 13. Chinese companies and outbound investment - the balance between domestic and international concerns Vivienne Bath-- 14. Mergers with conditions in China: caution, control or industrial policy? Deborah Healey-- 15. Geo-politics, China and investor-state arbitration Leon E. Trakman-- 16. China, intellectual property rights and the WTO: challenging but not a challenge to the existing legal order Bryan Mercurio.
  • (source: Nielsen Book Data)9781107062016 20160618
The enormous economic power of the People's Republic of China makes it one of the most important actors in the international system. Since China's accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China's unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country's approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China's strategy across the full spectrum of international economic activity.
(source: Nielsen Book Data)9781107062016 20160618
Book
lii, 723 pages ; 25 cm
  • General principles
  • Jurisdiction
  • Standards of protection
  • Exceptions, defenses and counterclaims
  • Valuation and cost considerations
  • Procedural and other matters.
Law Library (Crown)
Book
xviii, 491 p. : ill. (some col.).
Book
xxvi, 440 pages ; 26 cm
  • The nature and significance of international investment
  • The relationship between law and international investment
  • Three legal frameworks for international investment : national, contractual, and international
  • Factors shaping national legal networks for international investment
  • National regulation of the exit and entry of capital
  • National regulation of foreign investment
  • The challenge of legal change
  • The nature and functions of the contractual framework for investments
  • The negotiation of international investment contracts
  • The nature and content of international investment contracts
  • Political risk insurance
  • Contractual stability, instability, and renegotiation
  • The foundations of the international legal framework for investment
  • The treatification of international investment law
  • The nature and content of investment treaties
  • The interaction of the three legal frameworks.
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials. Three different legal frameworks are applicable to foreign investment: the laws of the host state and the investor's home country, the contract between the host state and the investor, and the rules and principles of international investment law. These three bodies of law interact with each other and must be analysed together when interpreting an investment agreement or arbitrating a dispute. This book examines the content of each of these three legal frameworks and explores how they influence the flow of foreign investment. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III explores the nature of the contractual framework for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of bilateral investment treaties and on general principles. Finally, Part V considers how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials working in the field.
(source: Nielsen Book Data)9780199654567 20160612
Law Library (Crown)
Book
xvii, 141 p. ; 21 cm.
The concept of fair and equitable treatment, which has assumed prominence in investment relations between States, provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. In addition to discussing this issue, the publication also takes stock and analysis of: trends in the use of the standards; and models based on State practice. The publication also gives insight into the interaction of fair and equitable treatment standard with other issues and concepts that arise in investment practice.
(source: Nielsen Book Data)9789211128277 20160608
Green Library
Book
xxxvi, 417 p. ; 24 cm.
  • History, sources, and nature of international investment law
  • Interpretation and application of investment treaties
  • Investors and investments
  • Investment contracts
  • Admission and establishment
  • Expropriation
  • Standards of protection
  • State responsibility and attribution
  • Political risk insurance
  • Settling investment disputes.
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.
(source: Nielsen Book Data)9780199651801 20160610
Law Library (Crown)
Book
xx, 739 p. ; 24 cm.
  • Introduction
  • Diplomatic protection for international investments and investors
  • National protection of international investments
  • Convention based on investment protection
  • Multilateral protection conventions
  • Model conventions
  • Protected investors : nationality
  • Control
  • Protected investments definitions
  • Promotion & admittal of investments
  • "Fair and equitable treatment"
  • Environment
  • Expropriations and nationalisations
  • Transfers & subrogations
  • Applicable law on investments
  • Jurisdiction settlement of investment disputes through arbitration
  • Inter-state disputes regarding BIT's' interpretation
  • Scope of bilateral investment treaties
  • Future expectations.
Law Library (Crown)
Book
xxx, 614 p. ; 25 cm.
  • Historical development of investment treaty law
  • Applicable substantive law and interpretation
  • Promotion, admission and establishment obligations
  • National treatment
  • Most-favoured-nation treatment
  • Minimum standards of treatment
  • Expropriation
  • Transfer rights, performance requirements and transparency
  • Observance of undertakings
  • Exceptions and defences.
Law Library (Crown)
Book
xliii, 433 p. ; 24 cm.
  • Nature, evolution, and context of international investment law
  • Interpretation and application of investment treaties
  • Investors and investments
  • Investment contracts
  • Admission and establishment
  • Expropriation
  • Standards of protection
  • State responsibility and attribution
  • Political risk insurance
  • Settling investment disputes.
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. The book 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 State vs. State and 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 new to the field.
(source: Nielsen Book Data)9780199211760 20160528
Law Library (Crown)
Book
198 p. ; 25 cm.
SAL3 (off-campus storage)
Book
viii, 76 p. : 21 cm.
Green Library
Book
xxi, 616 p. ; 25 cm.
  • Preface-- C. Grossman. Part A: Foreign Direct Investment (FDI)-- A. Escher. 1. Joint Introduction-- D.D. Bradlow, A. Escher. 2. Current Developments and Definition of FDI. 3. Legal Issues for National Policy Makers. 4. Legal Issues for Foreign Investors. 5. The Emerging Global Law on FDI. Part B: The Emerging International Law on FDI and Related Areas. 1. The World Bank Guidelines on the Treatment of Foreign Direct Investment-- S. Schlemmer-Schulte. 2. Bilateral and Multilateral Investment Treaties-- T. Mc Ghie. 3. Worker Rights and Foreign Direct Investment-- J.I. Levinson. 4. International Environmental Law and Foreign Direct Investment-- D. Hunter, S. Porter. 5. FDI and International Protection of Intellectual Property-- I. Selting. 6. Institutional Strengthening of Public Sector Procurement-- E. de Laurentiis. Part C: Legal and Financial Framework of Promoting FDI in Capital -- Importing and Capital -- Exporting Countries. 1. Asia-- Yi Li, S. Desai, N. Moller. 2. Africa-- A. Tejuoso, D.D. Bradlow. 3. Central and Latin America-- C. Acevedo, A. Soltero, S. Bacile. 4. Europe-- A. Vashkevich, P. Shevtsov, W.A. Adam.
  • (source: Nielsen Book Data)9789041112149 20160528
Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled business as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources, and thus undergoes permanent change. The various actors involved, including transnational corporations, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors and financial intermediaries, each follow their own interests. By its nature, the FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators. Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires a learning process for all the actors to understand and manage legal and business cultures. All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. This book undertakes a regulatory, policy and transactional approach both on the international and the domestic level. The authors of the book are all concerned with FDI as both academics and practitioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts: first, a general introduction to FDI by Dr. Escher; next, an analysis of the emerging international law on FDI and related areas; and finally, an overview of FDI in a variety of countries in Asia, Africa, Latin America and Europe. This variety of perceptions and topics should provide the reader with useful insights into international transactional and domestic aspects of FDI.
(source: Nielsen Book Data)9789041112149 20160528
Law Library (Crown)

14. National treatment [1999]

Book
x, 85 p. ; 21 cm.
Green Library

15. National treatment [1999]

Book
x, 85 p. ; 21 cm.
Law Library (Crown)
Book
ix, 80 p. ; 22 cm.
Law Library (Crown)
Book
xii, 305 p. ; 28 cm.
Green Library
Book
xii, 305 p. : ill. ; 29 cm.
Law Library (Crown)
Book
xix, 330 p. ; 25 cm.
  • General Considerations. Scope of Application. Admission and Treatment. Expropriation. Settlement of Disputes.
  • (source: Nielsen Book Data)9789041100658 20160528
This work, which has been prepared under the auspices of the International Centre for Settlement of Investment Disputes, examines BIT provisions, particular emphasis being placed on treatment, expropriation and the settlement of disputes. Dolzer and Stevens show that a great degree of uniformity exists in modern investment treaties and thus clearly establish that the significance of these treaties lies not only in the extensive network of rights and obligations of their respective parties; equally important is the contribution of these treaties to an emerging international acceptance of common standards for the treatment of foreign investment.
(source: Nielsen Book Data)9789041100658 20160528
Law Library (Crown)
Book
xvii, 468 p. : ill. ; 25 cm.
  • Introductory: The Enabling Environment for Increased Foreign Direct Investment Flows. Part 1: Preparation of the Guidelines. The Origins of the World Bank's Involvement. Phase One - Survey of Existing Instruments. Evolution of the Guidelines. Consultation on the Guidelines. Finalization of the Guidelines. Part 2: The Guidelines. Part 3: Surveys and Documents.
  • (source: Nielsen Book Data)9780792325253 20160528
On September 21, 1992, the Development Committee, a joint ministerial committee of the Boards of Governors of the World Bank and the International Monetary Fund issued a set of universal guidelines on the legal treatment of foreign investment and called those Guidelines to the attention of the members of these institutions. The text of the guidelines was prepared by a small working group chaired by Ibrahim Shihata, the World Bank's Vice President and General Counsel. According to Mr. Shihata, the success of this endeavour was "the product of changing realities and perceptions about foreign investment and the benefits it can bring to global economy and the economies of developing countries in particular. In a broader sense, the great transformations of the late 80s and early 90s created a new environment which made possible agreement on many issues thought earlier to defy common solutions." This book provides a record and a personal account of the author of the steps which led to the issue, by the Development Committee, of the Guidelines on the Treatment of Foreign Investment, and a first hand explanation of the text of the Guidelines (which is published in the book in three languages). The book also contains the studies which preceded the preparations of that text and the official reports which explain its rationale and contents. The book may therefore be read as a complement to the author's earlier book on "MIGA and Foreign Investment" (1988). Together, the two books provide detailed accounts of the continued efforts by the World Bank to encourage the flow of international investments through specific mechanisms which complement its financing, catalytic and advisory roles in pursuance of one of its main purposes, which is "to promote foreign private investment.".
(source: Nielsen Book Data)9780792325253 20160528
Law Library (Crown)

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