Tradition, Treaties, and Trade

Tradition, Treaties, and Trade

Author: Kirk W. Larsen

Publisher: Harvard University Press

Published: 2008

Total Pages: 368

ISBN-13:

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Relations between the Choson and Qing states are often cited as the prime example of the operation of the âeoetraditionalâe Chinese âeoetribute system.âe In contrast, this work contends that the motivations, tactics, and successes (and failures) of the late Qing Empire in Choson Korea mirrored those of other nineteenth-century imperialists. Between 1850 and 1910, the Qing attempted to defend its informal empire in Korea by intervening directly, not only to preserve its geopolitical position but also to promote its commercial interests. And it utilized the technology of empireâe"treaties, international law, the telegraph, steamships, and gunboats. Although the transformation of Qing-Choson diplomacy was based on modern imperialism, this work argues that it is more accurate to describe the dramatic shift in relations in terms of flexible adaptation by one of the worldâe(tm)s major empires in response to new challenges. Moreover, the new modes of Qing imperialism were a hybrid of East Asian and Western mechanisms and institutions. Through these means, the Qing Empire played a fundamental role in Koreaâe(tm)s integration into regional and global political and economic systems.


The Relentless Business of Treaties

The Relentless Business of Treaties

Author: Martin Case

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781681340906

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How making treaties for land cessions with Native American nations transformed human relationships to the land and became a profitable family business.


The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author: Zena Prodromou

Publisher: Kluwer Law International B.V.

Published: 2020-08-12

Total Pages: 324

ISBN-13: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.


Globalization and America's Trade Agreements

Globalization and America's Trade Agreements

Author: William Krist

Publisher: Woodrow Wilson Center Press / Johns Hopkins University Press

Published: 2013-11-29

Total Pages: 0

ISBN-13: 9781421411682

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Globalization and America's Trade Agreements reviews the theoretical framework as well as provides a historic context of impact of the United States’ complex trade agreements of the past 25 years. William Krist analyzes the issues in the recent rounds of GATT/WTO negotiations and in numerous U.S. free trade agreements and discusses how economists have approached trade policy and how historical experience has affected economic theory. He assesses the effect of trade deals on the U.S. economy, the role of foreign policy in trade negotiations, how trade can affect the economies of developing countries, and how environmental and labor concerns affect trade agreements. Trade has been an essential driver of global growth. Krist shows how trade policy has contributed to that growth and outlines what must be done to ensure it can continue to promote our national objectives. This book will serve as a valuable guide for those unfamiliar with trade policy and provides a challenging critique of trade policy for those already knowledgeable in the field.


Hertslet's Commercial Treaties

Hertslet's Commercial Treaties

Author: Lewis Hertslet

Publisher:

Published: 1851

Total Pages: 1224

ISBN-13:

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A collection of treaties and conventions, between Great Britain and foreign powers, and of the laws, decrees, orders in council, &c., concerning the same, so far as they relate to commerce and navigation, slavery, extradition, nationality, copyright, postal matters, &c., and to the privileges and interests of the subjects of the high contracting parties.


The First Bilateral Investment Treaties

The First Bilateral Investment Treaties

Author: Kenneth J. Vandevelde

Publisher: Oxford University Press

Published: 2017

Total Pages: 593

ISBN-13: 0190679573

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This book is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. This author explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives.