The Asper Review of International Business and Trade Law provides reviews and articles on developments in the areas of international trade, business, & economy.
The 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.
This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. It looks at how these agreements have been applied in offshore financial centers and demonstrates that despite a number of legally binding UN Conventions as well as global anti-money laundering recommendations, the implementation of them is often lukewarm by those Parties who have ratified the Convention and adopted obligations, because of this the confiscation legislation is incompatible with strict banking confidentiality laws. The work draws on the experience of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centers. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centers as intolerance towards money laundering grows in light of recent political and economic events. This book will be of particular interest to students and scholars of Law, Finance and Criminology.
This book outlines evidence-based and data-driven strategies for combating grand corruption in Africa. Although the causes of corruption vary from country to country, this book suggests that corruption in Africa is often a direct consequence of poorly conceived legislation, policies, and institutional loopholes. The authors in this solution-oriented book converge in arguing that effective strategies to combat corruption (corruption proofing) should integrate an independent enforcement system, vigilant civil society, vibrant media, and political leadership. Utilising empirical evidence and a systems thinking approach, the contributors also uncover root causes of corruption and identify high-leverage interventions to prevent abuse of entrusted power for personal gain. The book recommends an integrated proactive strategy that includes top-down, bottom-up, and multi-stakeholder approaches in the implementation of anti-corruption legislation and policies. Bringing together multidisciplinary and transdisciplinary research, the chapters in this volume include case studies from selected countries on the continent, including Cameroon, Kenya, Malawi, Namibia, Uganda, and Zimbabwe. Providing readers with a range of effective and functional initiatives in combating corruption in Africa, this book will be of interest to students and researchers of corruption, governance, ethics, peace and security, development, and African studies, as well as policymakers, practitioners, development partners, among other stakeholders.
"A textbook summary of how international investment law developed over the past fifty years may go something like this. States signed thousands of largely similar international investment agreements (IIAs) to protect the property of their investors abroad. Most of these IIAs allowed foreign investors to sue host states via investor-state dispute settlement (ISDS) for treaty breaches. ISDS was barely used until the late 1990s. When ISDS claims finally surged, states realized that their treaties offered greater investment protection than intended. States reacted by narrowing the commitments offered in newly concluded agreements. This backlash against investment arbitration resulted in a "new generation" of IIAs that rebalanced investment protection and host state regulatory autonomy"--
This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.
This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.