Created from NAFTA: The Structure, Function and Significance of the Treaty's Related Institutions


Book Description

The North American Free Trade Agreement involved much more than simple trade barrier reduction. This volume provides an in-depth examination and analysis of the structure, functions, and performance of the NAFTA institutions from their inception.




Comparative Regional Integration


Book Description

This volume features up-to-date studies of regional integration efforts in all major parts of the world, especially North America, South America, and East Asia. Comparisons are drawn between these efforts and those made in the EU, where integration has progressed much further. The book asks: what explains the variation in achievements? What kind of agreements and institutions are needed to produce regional integration? Is 'pooling and delegation' of sovereignty necessary to overcome 'collective action problems'? How important is regional leadership? This work is a major new contribution to the literature on regional integration, and will appeal to theorists, policymakers, students and other readers concerned about world developments. It will also be of value to courses covering international political economy, international relations and regional integration, at both undergraduate and graduate level.




Comparative Regional Integration


Book Description

This volume features up-to-date studies of regional integration efforts, particularly those made in North America, South America, and East Asia. Comparisons are drawn between these efforts and those made in the EU, where integration has progressed much further. The book asks: what explains the variation in achievements? What kind of agreements are needed to produce regional integration? Is 'pooling and delegation' of sovereignty necessary? How important is regional leadership?




Protection of Broadcasters' Rights


Book Description

This book deals with a highly topical area: the protection of broadcasters’ rights. It is an area in which the World Intellectual Property Organisation (WIPO) has been working to draft a new treaty and has now reached the final stage for conclusion of the treaty. The author analyses the formation and subsequent development of the legislation for protecting broadcasters’ rights, and discusses the current legal issues arising out of current proposals at the international and domestic levels to upgrade that protection. The focus of the work is the international protection of broadcasters’ rights as well as in the two jurisdictions which are representative of the two-different approaches to protection: Australia and Japan. This volume provides a detailed account of the relevant international treaties and conventions as well as domestic legislation, and provides insightful arguments that present the optimal approach of the future protection of broadcasters’ rights. 'This book is an invaluable contribution to our understanding of the issues relating to the protection of broadcasters' rights. The book provides a comprehensive analysis of the protection of broadcasters' rights based on the differing approaches adopted by the common law and civil law systems'. From the foreword by The Honourable Sir Anthony Mason AC KBE CBE.




Globalization and Corporate Governance in Developing Countries


Book Description

Globalization and Corporate Governance in Developing Countries provides a clear-eyed analysis of the effects of the global economy on developing countries, which often face an up-hill battle when they opt to compete in a global market. Listing on a foreign exchange alone can be daunting, because it means following the home rules as well as a different set of stringent rules and elevated cost required by the listing exchange. Within this context, the question of cost-effectiveness, the desirability of possible changes to the company and tangible benefits are raised. The effects of globalization clearly travel a two-way street. Is harmonization possible and sensible? This book weighs options and poses questions within a balanced assessment of new economic reality. This volume is in the International Law and Development Series edited by Professor Raj Bhala. Published under the Transnational Publishers imprint.




"L’être situé", Effectiveness and Purposes of International Law


Book Description

The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations. Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada.




Complexity's Embrace


Book Description

An unprecedented political, economic, social, and legal storm was unleashed by the United Kingdom's June 2016 referendum to leave the European Union and the government's response to the vote. After decades of strengthening European integration and independence, Brexit necessitates a deep understanding of its international law implications on both sides of the English Channel in order to chart the stormy seas of negotiating and advancing beyond separation. In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements. Contributors include Thomas Cottier, Armand de Mestral, Oonagh E. Fitzgerald, David A. Gantz, Markus Gehring, Valerie Hughes, Matthias Lehmann, Eva Lein, Dorothy Livingston, Richard Macrory, Luke McDonagh, Marc Mimler, Howard P. Morris, Gabriel Moss, Helen Mountfield, Federico M. Mucciarelli, Joe Newbigin, Colm O’Cinneide, Damilola S. Olawuyi, Christoph G. Paulus, Maziar Peihani, Freedom-Kai Phillips, Stephen Tromans, Diana Wallis, and Dirk Zetzsche.




International Institutional Law


Book Description

This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.




Regionalism in International Investment Law


Book Description

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.




Towards Continental Environmental Policy?


Book Description

What are the most important transnational governance arrangements for environmental policy in North America? Has their proliferation facilitated a transition towards integrated continental environmental policy, and if so, to what degree is this integration irreversible? These governance arrangements are diverse and evolving, consisting of binational and trinational organizations created decades ago by treaties and groups of stakeholders—with varying degrees of formalization—who work together to address issues that no single country can alone. Together they provide leadership in numerous areas of environmental concern, including invasive species, energy efficiency, water, and terrestrial and aquatic wildlife. This book explores these arrangements, examining features such as stakeholder inclusion, organizational activities and functions, and issue comprehensiveness. Overall, the contributors report an underdeveloped policy architecture consisting of fragmented regional transnational networks of stakeholders and underfunded binational and trinational organizations. They also show evidence of substantial policy entrepreneurship and a vibrant informal underbelly to North American environmental governance, which will be vital in the challenging days ahead.