International Environmental Agreements


Book Description

International environmental agreements provide a practical basis for countries to address environmental issues on a global scale. This book explores the workings and outcomes of these agreements, and analyses key questions of why some problems are dealt with successfully and others ignored. By examining fundamental policies and issues in environmental protection this text gives an easily comprehensible introduction to international environmental agreements, and discusses problems in three areas: air, water and on land. It traces the history of agreements in broad thematic areas related to long-distance air pollution, ozone-depleting and greenhouse gases, ocean management, biological diversity, agricultural plant diversity and forest stewardship. Drawing on experts in their respective fields, this book provides an insightful evaluation of the successes and failures, and analysis of the reasons for this. Concluding with an insightful examination of research to show how performance of agreements can be improved in the future, this volume is a vital contribution to our understanding of the politics associated with establishing international environmental consensus. International Environmental Agreements will be of interest to scholars, students and researchers in global environmental politics, international relations and political science. Steinar Andresen is Senior Research Fellow at the Fridtjof Nansen Institute, Norway, and formerly professor at the Dept. of Political Science, University of Oslo. Elin Lerum Boasson is Research Fellow at the Fridtjof Nansen Institute, Norway. Geir Hønneland is Research Director at the Fridtjof Nansen Institute and adjunct professor at the University of Tromsø.




International Sales Agreements


Book Description

Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.




The Political Economy of International Agreements


Book Description

This volume analyzes international agreements from a political economy perspective. In four essays, it raises the question of whether domestic institutions help explain if countries join international agreements, and in case they do, what type of international organization they join. The book examines how specific democratic design elements channel and mediate domestic demands directed at politicians, and how under certain circumstances entering international agreements helps politicians navigate these demands to their benefit. The volume also distinguishes between different types of international instruments with a varying expected constraining effect upon member states, and empirically tests if this matters for incentives to join. The volume addresses scholars, students, and practitioners interested in a better understanding of how the shape of domestic institutions affects politicians’ incentives to enter into binding international agreements.




Improving International Investment Agreements


Book Description

This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.




International Licensing Agreements


Book Description

Like any contract, an international licensing agreement spells out the rights and obligations of the contracting parties, manages potential risks and supplies a contingency plan for each party in the event the contractual relationship breaks down. However, international licensing of intellectual property, software or technology confronts the contracting parties with its own distinct challenges. When planning, drafting and negotiating such agreements, it is imperative to know exactly what core issues need to be addressed. This book provides this know-how in an easy-to-use, clear and concise fashion. This expert guide to the complex world of international licensing agreements brings together all the essential materials needed when dealing with such agreements and covers the following: • business models that may be used by the contracting parties; • standard provisions encountered in an array of international licensing agreements; • analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; • effect of competition law in a variety of jurisdictions; • ensuring trademark protection at both national and international levels; • clear explanation of key franchising terminology and disclosure rules; and • effect of international dispute resolution rules in a range of jurisdictions. Alongside detailed contract analysis, the book details numerous case studies from an array of industries, with detailed commentary. Practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements will quickly find this reference material indispensable. The book’s thorough analysis of this complex area will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.







The Rational Design of International Institutions


Book Description

International institutions vary widely in terms of key institutional features such as membership, scope, and flexibility. In this 2004 book, Barbara Koremenos, Charles Lipson, and Duncan Snidal argue that this is so because international actors are goal-seeking agents who make specific institutional design choices to solve the particular cooperation problems they face in different issue-areas. Using a Rational Design approach, they explore five features of institutions - membership, scope, centralization, control, and flexibility - and explain their variation in terms of four independent variables that characterize different cooperation problems: distribution, number of actors, enforcement, and uncertainty. The contributors to the volume then evaluate a set of conjectures in specific issue areas ranging from security organizations to trade structures to rules of war to international aviation. Alexander Wendt appraises the entire Rational Design model of evaluating international organizations and the authors respond in a conclusion that sets forth both the advantages and disadvantages of such an approach.




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


Book Description

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.




International Sales Agreements


Book Description




Engaging Countries


Book Description

This study systematically examines how states implement and comply with international environmental accords.