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Author: G. Matteo Vaccaro-Incisa
Publisher: BRILL
Published: 2021-04-26
Total Pages: 437
ISBN-13: 9004443932
DOWNLOAD EBOOKWith his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
Author: Vivienne Bath
Publisher: Routledge
Published: 2012-03-12
Total Pages: 284
ISBN-13: 1136581057
DOWNLOAD EBOOKThis book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
Author: Yogesh K. Tyagi
Publisher: Springer
Published: 2022-06-15
Total Pages: 240
ISBN-13: 9789811689338
DOWNLOAD EBOOKThis book surveys the treaty practice of Asian States. It undertakes a study of nine prominent Asian States, namely Bangladesh, India, Japan, Malaysia, Nepal, People’s Republic of China, Republic of Korea, Sri Lanka and The Philippines. One chapter each deals with the treaty practice of these States by reflecting on the theoretical foundations of treaty practice at the domestic level, including a query whether the State follows the theory of monism or dualism or a mix of these two; the relationship between treaties and the Constitution; the relationship between treaties and legislation; and the relationship between treaties and domestic customary law, if any. The chapters also review the participation of the respective States in the drafting of the 1969 Vienna Convention on the Law of Treaties (VCLT); position on and reservations to the VCLT; and reference of the VCLT in the treaties concluded by the States. Other aspects covered in chapters include constitutional provisions relating to treaties; domestic law, if any (for example, Nepal has a legislation on treaties); ratification process and practice; judicial practice, covering case law at the domestic level; the position of the State on the interpretation of treaties; and mechanism for the implementation of treaties at the domestic level, if any. The chapters identify leading cases, if any, relating to treaties to which the State was a party before international courts/tribunals. It deals with treaty compliance issues, including response to alleged violations of treaties; termination of treaties, if any; response to termination, if any; and participation in treaty bodies. It provides a panorama of treaties, to which the State is a party, as well as the most conspicuous treaties to which the State is not a party and the reasons thereof. The concluding chapter contains some general observations on Asian treaty practice.
Author: Ang Cheng Guan
Publisher: Routledge
Published: 2021-09-09
Total Pages: 197
ISBN-13: 1000440109
DOWNLOAD EBOOKA History of the Manila Pact and the Southeast Asia Treaty Organisation (SEATO) from its establishment in 1954 until its dissolution in 1977. The Southeast Asia Treaty Organization (SEATO) has received meagre scholarly attention in comparison to other key events and global developments during the duration of the Cold War, due to its perceived failure early in its existence. However, there has been a renewed interest in the academic study of the organization. Some scholars have argued that SEATO was not an outright failure. New literatures have also shed in detail the workings of SEATO, such as operational-level contingency plans and counter-insurgency plans. This book aims to reconstruct a comprehensive life cycle of SEATO using declassified archival documents which were unavailable to scholars studying the organization from the 1950s through the 1980s and provide a nuanced assessment of it. In addition, in recent years, there is also an emerging interest in the possibility of a multilateral military alliance in Asia, for instance the Quadrilateral Security Dialogue morphing into an "Asian NATO". As such, it is therefore crucial to study how previous multilateral alliances in the context of Asia were formed, how they functioned, and subsequently dissolved. A groundbreaking reference on a key element of the United States’ Cold War strategy in Asia, which will be a valuable resource to scholars of twentieth century diplomatic history.
Author: Julien Chaisse
Publisher: BRILL
Published: 2017-12-18
Total Pages: 725
ISBN-13: 9004360107
DOWNLOAD EBOOKInternational Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
Author: Jill Barrett
Publisher: Cambridge University Press
Published: 2020-03-12
Total Pages: 533
ISBN-13: 1107111900
DOWNLOAD EBOOKAims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
Author: Seokwoo Lee
Publisher: BRILL
Published: 2019-12-16
Total Pages: 343
ISBN-13: 9004415823
DOWNLOAD EBOOKLaunched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Author: Georg Nolte
Publisher: OUP Oxford
Published: 2013-06-13
Total Pages: 2459
ISBN-13: 0191668427
DOWNLOAD EBOOKUnder the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shed light on articles whose meaning is ambiguous and subsequent agreement can even alter the meaning of treaty provisions. At a time when many of the most important international treaties are more than fifty years old, subsequent practice plays an increasingly important role in their interpretation. Treaties and Subsequent Practice discusses the role and relevance of this subsequent practice in the process of dynamic treaty interpretation. The book provides a comprehensive treatment of this topic by eminent commentators, combining contributions which focus on practical cases with chapters examining the theoretical underpinnings of treaty interpretation. The concept of subsequent practice is situated in the more general context of treaty law and international law, looking at different cases and doctrinal questions to assess its policy dimensions. The book addresses the question of whether subsequent practice plays a more or less significant role in different areas of international law, and whether it can be employed as a partial substitute for formal treaty amendments. It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.
Author: Seokwoo Lee
Publisher: BRILL
Published: 2020-11-30
Total Pages: 477
ISBN-13: 9004437789
DOWNLOAD EBOOKLaunched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
Author: C. H. Alexandrowicz
Publisher: Oxford University Press
Published: 2017-03-31
Total Pages: 760
ISBN-13: 0191078654
DOWNLOAD EBOOKThe history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.
