European Yearbook of International Economic Law 2020

European Yearbook of International Economic Law 2020

Author: Marc Bungenberg

Publisher: Springer Nature

Published: 2021-11-05

Total Pages: 449

ISBN-13: 3030590712

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Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.


European Yearbook of International Economic Law 2022

European Yearbook of International Economic Law 2022

Author: Jelena Bäumler

Publisher: Springer Nature

Published: 2023-05-23

Total Pages: 581

ISBN-13: 3031285328

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Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".


The International Law of Economic Warfare

The International Law of Economic Warfare

Author: Teoman M. Hagemeyer-Witzleb

Publisher: Springer Nature

Published: 2021-07-14

Total Pages: 406

ISBN-13: 3030728463

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Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.


Ownership Unbundling and Related Measures in the EU Energy Sector

Ownership Unbundling and Related Measures in the EU Energy Sector

Author: Tilman Michael Dralle

Publisher: Springer

Published: 2018-04-24

Total Pages: 379

ISBN-13: 3319777971

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This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law. It does so by focusing on the prominent example of the EU’s energy sector and its Third Energy Package. Unbundling has become an increasingly crucial competition instrument in network-bound industries worldwide. It is designed to ensure access to bottleneck infrastructures on fair and non-discriminatory terms and thus to suppress the anti-competitive potential deriving from vertical integration in natural monopoly situations. While promoting important public policy objectives, unbundling policies have also raised a number of legal issues. This book analyzes how international economic law limits the adoption and maintenance of unbundling and related measures and also outlines how international trade law can play a ‘positive’ role in this field. As a result, it provides a valuable reference for academics, practitioners and policy-makers.


Engagement Between Trade and Investment

Engagement Between Trade and Investment

Author: Niall Moran

Publisher: Springer Nature

Published: 2022-01-03

Total Pages: 299

ISBN-13: 3030832597

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This book explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements (PTIAs). It provides an empirical analysis of engagement between the two regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether they are doing so over time. The book explores eight of the factors identified as evidencing inter-regime engagement. These chapters look at when engagement is appropriate and to what extent it is appropriate in relation to each of these areas. Based on the findings of this book’s empirical and comparative law analysis of PTIAs, BITs, and the trade and investment law regimes, the book examines whether the conclusion of PTIAs compared to BITs has resulted in increased levels of engagement between the trade and investment law regimes. This book does not put forth the view that convergence between trade and investment is always appropriate, but provides recommendations as to how treaties may be formulated and interpreted in a manner that takes inter-regime engagement into account with a view to ensuring the harmonious simultaneous development of the two regimes. The question of the future direction for engagement between the trade regime and the investment regime is very topical in light of changes to the architecture of both regimes at present.


European Yearbook of Constitutional Law 2020

European Yearbook of Constitutional Law 2020

Author: Ernst Hirsch Ballin

Publisher: Springer Nature

Published: 2021-03-27

Total Pages: 345

ISBN-13: 946265431X

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The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.


European Yearbook of International Economic Law 2023

European Yearbook of International Economic Law 2023

Author: Jelena Bäumler

Publisher: Springer

Published: 2024-09-27

Total Pages: 0

ISBN-13: 9783031675966

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The focus of volume 14 of the EYIEL is on “(Public) Procurement and Competition Law in European and International Economic Law”. It is testimony to the fact that areas of law originally perceived as purely economic are permeated by the challenges of society today and adapting to these by embracing innovation, promoting sustainability and social responsibility and including new values in their legal constitutions. Thus, the focus section provides a broad spectrum of contributions considering the interaction between (public) procurement law and WTO law, the role of RTAs, the inclusion of sustainability aspects as well as the influence recent development and challenges such as the Covid-19 pandemic and climate change have on public procurement and competition policy. In its general section the EYIEL considers “Current Challenges, Developments and Events in European and International Economic Law”. It provides a cross-section of recent developments touching upon the Next Generation EU, food commodification, new regulatory approaches to geographical indications, the interaction between investment law and human rights as well as the newest developments with regard to Public-Private Partnership Legislation.


Ethiopian Yearbook of International Law 2019

Ethiopian Yearbook of International Law 2019

Author: Zeray Yihdego

Publisher: Springer Nature

Published: 2020-12-29

Total Pages: 301

ISBN-13: 3030559122

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EtYIL 2019 comes out while the world is in the midst of a new coronavirus pandemic that has infected millions and killed thousands of people without distinction as to age, race, colour, or creed. As an attack on all humanity, Covid-19, the disease caused by the coronavirus, has challenged the fitness of the global order as never before, and its institutional and normative frameworks have been found wanting. As is often the case in such circumstances, when the WHO is denied resources to assist those countries or the WTO is unable to guarantee access to Covid-19 medical supplies and protective equipment, it is the poorest nations that suffer the most. EtYIL’s mission is to provide a platform for purpose-oriented scholarly analysis and debate on issues of particular significance for African countries such as Covid-19, disputes over Nile water resources, and Ethiopia-Eritrea relations. Although the pandemic came too late for this issue of EtYIL, we have managed to include two important articles that examine the subject from geostrategic and legal perspectives. EtYIL 2019 also addresses a number of other topical issues, including the responsibility of the UN Security Council (UNSC) in climate-related risks to least developed countries, the Global South’s approach to environmental protection, the challenges of international regulation of arms brokering, and the contributions of Martin Luther King, Jr. to Pan-Africanism and international human rights law. Finally, the Yearbook also continues its coverage of regional issues such as the evolving Ethiopia-Eritrea relations, Djibouti’s accession to the ICSID Convention; the trilateral negotiations between Ethiopia, Sudan and Egypt over the Grand Ethiopian Renaissance Dam and the U.S. meddling and the role of the UNSC on the issue have also been covered. As before, our contributors come from all over the world, to all of whom we extend our sincere appreciations.