Radiating Impact Of Wto On Its Members Legal System The Chinese Perspective

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Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective

Guiguo Wang
Radiating Impact of WTO on Its Members Legal System The Chinese Perspective Book PDF

Author : Guiguo Wang
Publisher : Martinus Nijhoff Publishers
Page : 385 pages
File Size : 52,9 Mb
Release : 2011-12-15
Category : Law
ISBN : 9789004218543

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Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective by Guiguo Wang Pdf

The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.

Global Constitutionalism from European and East Asian Perspectives

Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Global Constitutionalism from European and East Asian Perspectives Book PDF

Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 41,7 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112

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Global Constitutionalism from European and East Asian Perspectives by Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke Pdf

Examines and compares East Asian and European perspectives of Global Constitutionalism.

International Investment Law

Guiguo Wang
International Investment Law Book PDF

Author : Guiguo Wang
Publisher : Routledge
Page : 658 pages
File Size : 54,6 Mb
Release : 2014-12-05
Category : Law
ISBN : 9781134442492

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International Investment Law by Guiguo Wang Pdf

Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.

A New International Legal Order

Chia-Jui Cheng
A New International Legal Order Book PDF

Author : Chia-Jui Cheng
Publisher : BRILL
Page : 379 pages
File Size : 54,7 Mb
Release : 2016-10-27
Category : Law
ISBN : 9789004328549

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A New International Legal Order by Chia-Jui Cheng Pdf

This book deals with a new international legal order in the use of force, self-determination, environmental law in practice, the new law-making role of international organizations, international economic law, air and space law, as well as humanitarian law.

Asian Yearbook of International Law, Volume 17 (2011)

Kevin YL Tan
Asian Yearbook of International Law Volume 17 2011 Book PDF

Author : Kevin YL Tan
Publisher : BRILL
Page : 362 pages
File Size : 46,5 Mb
Release : 2019-07-01
Category : Law
ISBN : 9789004379718

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Asian Yearbook of International Law, Volume 17 (2011) by Kevin YL Tan Pdf

Launched 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 ASEAN Comprehensive Investment Agreement

Julien Chaisse,Sufian Jusoh
The ASEAN Comprehensive Investment Agreement Book PDF

Author : Julien Chaisse,Sufian Jusoh
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 44,8 Mb
Release : 2016-08-26
Category : Political Science
ISBN : 9781785360022

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The ASEAN Comprehensive Investment Agreement by Julien Chaisse,Sufian Jusoh Pdf

The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.

The Secession of States and Their Recognition in the Wake of Kosovo

John Dugard
The Secession of States and Their Recognition in the Wake of Kosovo Book PDF

Author : John Dugard
Publisher : BRILL
Page : 310 pages
File Size : 41,7 Mb
Release : 2013-08-07
Category : Law
ISBN : 9789004257498

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The Secession of States and Their Recognition in the Wake of Kosovo by John Dugard Pdf

Also available as an e-book The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).

The Rule of Law

Guiguo WANG,Fan YANG
The Rule of Law Book PDF

Author : Guiguo WANG,Fan YANG
Publisher : City University of HK Press
Page : 374 pages
File Size : 48,8 Mb
Release : 2013-10-01
Category : Law
ISBN : 9789629372255

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The Rule of Law by Guiguo WANG,Fan YANG Pdf

This Festschrift has attracted contributions from not only his colleagues, but also a number of world-renowned scholars, who wished to convey through their contributions their enormous respect for his scholarship, leadership and gentlemanly bearing. 'The Rule of Law: a Comparative Perspective' has been chosen the theme of this Festschrift because it is one of the most important topics in the area of constitutional and administrative law, about which Professor COORAY has researched and written extensively. Published by City University of Hong Kong Press. 香港城市大學出版社出版。

Solidarity and Community Interests

R. Wolfrum
Solidarity and Community Interests Book PDF

Author : R. Wolfrum
Publisher : BRILL
Page : 688 pages
File Size : 46,7 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004508330

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Solidarity and Community Interests by R. Wolfrum Pdf

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

Animals in International Law

Anne Peters
Animals in International Law Book PDF

Author : Anne Peters
Publisher : BRILL
Page : 656 pages
File Size : 53,8 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004466258

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Animals in International Law by Anne Peters Pdf

The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.

Forum Shopping Despite Unification of Law

Franco Ferrari
Forum Shopping Despite Unification of Law Book PDF

Author : Franco Ferrari
Publisher : BRILL
Page : 464 pages
File Size : 42,8 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004502925

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Forum Shopping Despite Unification of Law by Franco Ferrari Pdf

According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Efficiency in Private International Law

Toshiyuki Kono
Efficiency in Private International Law Book PDF

Author : Toshiyuki Kono
Publisher : BRILL
Page : 216 pages
File Size : 47,7 Mb
Release : 2014-12-17
Category : Law
ISBN : 9789004285088

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Efficiency in Private International Law by Toshiyuki Kono Pdf

Also available as an e-book Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.

Extraterritorial Use of Force against Non-State Actors

Dire Tladi
Extraterritorial Use of Force against Non State Actors Book PDF

Author : Dire Tladi
Publisher : BRILL
Page : 208 pages
File Size : 49,8 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004521483

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Extraterritorial Use of Force against Non-State Actors by Dire Tladi Pdf

This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments

Ronald A. Brand
Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments Book PDF

Author : Ronald A. Brand
Publisher : BRILL
Page : 359 pages
File Size : 40,8 Mb
Release : 2014-04-11
Category : Law
ISBN : 9789004268111

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Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments by Ronald A. Brand Pdf

Also available as an e-book Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.

Applying Municipal Law in International Disputes

Paul B. Stephan
Applying Municipal Law in International Disputes Book PDF

Author : Paul B. Stephan
Publisher : BRILL
Page : 320 pages
File Size : 40,9 Mb
Release : 2024-03-04
Category : Law
ISBN : 9789004696105

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Applying Municipal Law in International Disputes by Paul B. Stephan Pdf

The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.