Author : Joel P. Trachtman
Publisher : Cameron May
Page : 543 pages
File Size : 36,78 MB
Release : 2006
Category : Conflict of laws
ISBN : 1905017200
A collection of 13 previously published articles.
Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 471 pages
File Size : 16,7 MB
Release : 2012-07-24
Category : Law
ISBN : 1847319815
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
Author : Julien Chaisse
Publisher : Springer
Page : 515 pages
File Size : 43,81 MB
Release : 2017-11-13
Category : Law
ISBN : 9811067317
The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a “new paradigm” as the “21st-Century Trade Agreement” and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.
Author : Krista Nadakavukaren Schefer
Publisher :
Page : 0 pages
File Size : 41,17 MB
Release : 2025-08-28
Category : Law
ISBN : 9781800882317
This revised and expanded Encyclopedia is the new benchmark and flagship reference work for the study of international economic law. A comprehensive resource, its pages present the breadth of the field in a real-world context. Organized thematically rather than alphabetically, the Encyclopedia includes four significant thematic sections: the foundations, architecture and principles of international economic law; regulatory framework; regulatory areas; and regulatory challenges. Including updated and new entries, traditional international economic law topics are now supplemented by coverage of critical perspectives and a broader range of newly developing areas such as taxation, sustainability, and digitalization. Concepts and rules of trade, investment, finance, competition, and international tax law are found alongside entries examining how international economic law impacts on environmental protection, labor standards, development, and human rights. Embedded within its own legal context, each concise entry presents an accessible and condensed understanding of what it means and why it is significant. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Entries are followed by selected references suggesting directions for further study. Completely new to this edition is an entire section of extended entries on specific jurisdictions focusing on how these contribute to and engage with international economic law. These longer pieces describe the national legal frameworks responsible for developing international policies on trade investment, financial regulation, and tax, offering insight into how international rules actually work at the national level. Key Features: Concise, structured entries from top experts and new voices in the field Organised thematically, covering newly developing areas of international economic law Selected references for further study
Author : Shin-yi Peng
Publisher : Cambridge University Press
Page : 365 pages
File Size : 21,53 MB
Release : 2021-10-14
Category : Law
ISBN : 1108957153
Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
Author :
Publisher : BRILL
Page : 376 pages
File Size : 25,18 MB
Release : 2021-11-22
Category : Business & Economics
ISBN : 9004470352
A New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order and brings together leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism.
Author : Klaus Schwab
Publisher : Crown Currency
Page : 194 pages
File Size : 32,29 MB
Release : 2017-01-03
Category : Business & Economics
ISBN : 1524758876
World-renowned economist Klaus Schwab, Founder and Executive Chairman of the World Economic Forum, explains that we have an opportunity to shape the fourth industrial revolution, which will fundamentally alter how we live and work. Schwab argues that this revolution is different in scale, scope and complexity from any that have come before. Characterized by a range of new technologies that are fusing the physical, digital and biological worlds, the developments are affecting all disciplines, economies, industries and governments, and even challenging ideas about what it means to be human. Artificial intelligence is already all around us, from supercomputers, drones and virtual assistants to 3D printing, DNA sequencing, smart thermostats, wearable sensors and microchips smaller than a grain of sand. But this is just the beginning: nanomaterials 200 times stronger than steel and a million times thinner than a strand of hair and the first transplant of a 3D printed liver are already in development. Imagine “smart factories” in which global systems of manufacturing are coordinated virtually, or implantable mobile phones made of biosynthetic materials. The fourth industrial revolution, says Schwab, is more significant, and its ramifications more profound, than in any prior period of human history. He outlines the key technologies driving this revolution and discusses the major impacts expected on government, business, civil society and individuals. Schwab also offers bold ideas on how to harness these changes and shape a better future—one in which technology empowers people rather than replaces them; progress serves society rather than disrupts it; and in which innovators respect moral and ethical boundaries rather than cross them. We all have the opportunity to contribute to developing new frameworks that advance progress.
Author : John D. Haskell
Publisher : Springer Nature
Page : 216 pages
File Size : 15,35 MB
Release : 2019-12-10
Category : Law
ISBN : 3030325121
This book brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. The book deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, international investment and international finance. While the volume still gives due recognition to the traditional theoretical project of international economic law, it invites the reader to extend the scope of disciplinary imagination to other, less commonly acknowledged questions of global economic governance such as food security, monetary unions, and international economic coercion. In addition to historically-focused and critical perspectives, the volume also includes a number of programmatic and forward-looking explorations, which makes it appealing to a broad audience with a variety of contrasting interests. Therefore, the volume is of particular interest to academics and postgraduate students in the fields of international law, international relations, international political economy, and international history.
Author : Diane Desierto
Publisher : OUP Oxford
Page : 449 pages
File Size : 23,73 MB
Release : 2015-02-19
Category : Law
ISBN : 0191026476
States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
Author : John Linarelli
Publisher : Edward Elgar Publishing
Page : 366 pages
File Size : 33,86 MB
Release : 2013-09-30
Category : Law
ISBN : 1782549056
The fairness of institutions of global economic governance ranks among the most pressing issues of our time.
