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Author: Various Authors
Publisher: Asper Chair of International Business and Trade Law
Published:
Total Pages: 153
ISBN-13:
DOWNLOAD EBOOKThe Asper Review of International Business and Trade Law provides reviews and articles on current developments from the Asper Chair. In this Special Issue, we offer a guide to cybersecurity for lawyers.
Author: Bryan P. Schwartz, et al.
Publisher: Asper Review of International Business and Trade Law
Published: 2019-01-01
Total Pages: 424
ISBN-13:
DOWNLOAD EBOOKThe Asper Review of International Business and Trade Law provides reviews and articles on developments in the areas of international trade, business, & economy.
Author: Various Authors
Publisher: The Asper Chair of International Business and Trade Law
Published: 2021-05-18
Total Pages: 191
ISBN-13:
DOWNLOAD EBOOKThe Asper Review of International Business and Trade Law provides reviews and articles on current developments from the Asper Chair.
Author:
Publisher:
Published: 2004
Total Pages: 584
ISBN-13:
DOWNLOAD EBOOKAuthor: Sangwani Patrick Ng’ambi
Publisher: Routledge
Published: 2015-11-06
Total Pages: 231
ISBN-13: 1317360133
DOWNLOAD EBOOKForeign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.
Author: Jingxia Shi
Publisher: Bloomsbury Publishing
Published: 2013-04-30
Total Pages: 196
ISBN-13: 1782251162
DOWNLOAD EBOOKThis book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.
Author: Iyan Offor
Publisher: Taylor & Francis
Published: 2023-08-01
Total Pages: 264
ISBN-13: 1000919269
DOWNLOAD EBOOKThis book critically engages the emerging field of global animal law from the perspective of an intersectional ethical framework. Reconceptualising global animal law, this book argues that global animal law overrepresents views from the west as it does not sufficiently engage views from the Global South, as well as from Indigenous and other marginalised communities. Tracing this imbalance to the early development of animal law’s reaction to issues of international trade, the book elicits the anthropocentrism and colonialism that underpin this bias. In response, the book outlines a new, intersectional, second wave of animal ethics. Incorporating marginalised viewpoints, it elevates the field beyond the dominant concern with animal welfare and rights. And, drawing on aspects of decolonial thought, earth jurisprudence, intersectionality theory and posthumanism, it offers a fundamental rethinking of the very basis of global animal law. The book's critical, yet practical, new approach to global animal law will appeal to animal law and environmental law experts, legal theorists, and those working in the areas of animal studies and ecology.
Author: Dieter Ernst
Publisher: World Scientific
Published: 2018-05-31
Total Pages: 531
ISBN-13: 9813229845
DOWNLOAD EBOOKThis book provides new insights for policy debates on how to strengthen the gains from trade for innovation through an inclusive trading environment that facilitates access to knowledge for all. Rising economic nationalism, especially in the United States, creates new challenges to an enlightened globalization agenda.The US government has withdrawn from the Transpacific Partnership agreement (TPP) that once was considered to be the gold standard of megaregionalism, suggesting the need to highlight once again the critical role that international trade and investment play in fostering sustainable growth and prosperity. Fostering innovation and facilitating the links between trade and innovation are becoming increasingly important for developed and developing economies alike. But equally important are economic policies to ensure that gains and losses from trade for innovation are shared by all.This book is a must read for trade economists, innovation economists, trade negotiators, trade lawyers, and academicians interested in current transformations in the global economy and their impact on innovation and economic growth.
Author: Elizabeth Crawford Spencer
Publisher: Edward Elgar Publishing
Published: 2010-01-01
Total Pages: 385
ISBN-13: 1849804982
DOWNLOAD EBOOKWhile franchising promotes economic and social welfare objectives, Elizabeth Crawford Spencer argues that monitoring and regulation are needed to address potential areas of abuse of the form that can result in costly market inefficiencies. This unique study surveys franchise-specific legislation worldwide as a starting point for a thorough examination and analysis of the role of both private and public regulation of the sector in the context of current theoretical approaches to regulating contractual relationships. The book concludes that properly calibrated regulation can minimize inefficient allocations of power and risk and lead to maximum economic and social benefits by promoting the development of small business, enabling the growth of entrepreneurial skills, and facilitating economic well-being and independence among SMEs. This comparative survey will prove to be invaluable for academics in franchising marketing, management, law and practice. The Regulation of Franchising in the New Global Economy will also appeal to franchise law practitioners, consultants, policymakers and those wishing to influence policy on all sides of the debate in the many jurisdictions that are engaging in the processes of adopting, or reviewing, franchise regulation.
Author: Yuliya Chernykh
Publisher: BRILL
Published: 2022-01-17
Total Pages: 629
ISBN-13: 9004414703
DOWNLOAD EBOOKContracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
