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Author: Ernst-Ulrich Petersmann
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 460
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Book Description
Author: Ernst-Ulrich Petersmann
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 460
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Book Description
Author: Manfred Elsig
Publisher: Cambridge University Press
ISBN: 1108967124
Category : Political Science
Languages : en
Pages : 520
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Book Description
The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
Author: Robert E. Hudec
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 106
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Book Description
Author:
Publisher: BRILL
ISBN: 9004203842
Category : Law
Languages : en
Pages : 219
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Book Description
International economic law is very likely to be one of the most significant areas of law throughout the twenty-first century. As is well-known, it is an inter-disciplinary area of law covering very broad and different fields since it deals with all economic aspects of relations among the subjects of international law. In today’s world, the relations among States, international organisations and individuals have dramatically intensified. It is a sine qua non requirement that the conflicts or cases deriving from the application of the principles of international economic law must be solved by the dispute settlement mechanisms of international law, which are crucial both for the protection of international peace and security on the one hand and for the implementation of international economic law on the other. The book focuses on the relationship between the rules of public international law and international economic law from the point of view of dispute settlement mechanisms. It consists of the following Chapters: International Economic Law; New Challenges and Issues in International Finance Law; Dispute Settlement in International Trade Law and Dispute Settlement in International Investment Law. Finally, the book draws some general conclusions and provides certain suggestions for future research and practice in the field.
Author: Sivan Shlomo Agon
Publisher: Oxford University Press
ISBN: 019109336X
Category : Law
Languages : en
Pages : 352
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Book Description
Is the World Trade Organization (WTO) dispute settlement system (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals, beyond compliance, are the WTO DSS expected to achieve? Building on a theoretical model derived from the social sciences, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider's account of the WTO DSS-one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS's work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides fresh perspective on the DSS's operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.
Author: Szilárd Gáspár-Szilágyi
Publisher:
ISBN: 9781108766678
Category : Foreign trade regulation
Languages : en
Pages :
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Book Description
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.
Author: Mahmood Bagheri
Publisher: Kluwer Law International B.V.
ISBN: 9041198105
Category : Business & Economics
Languages : en
Pages : 314
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Book Description
The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Author: Joanna Jemielniak
Publisher: Cambridge University Press
ISBN: 1107147107
Category : Law
Languages : en
Pages : 343
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Book Description
This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.
Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041109330
Category : Political Science
Languages : en
Pages : 368
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Book Description
The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.
Author: Junji Nakagawa
Publisher: Routledge
ISBN: 0415528739
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
First Published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.
